Vol. 83 Thursday, No. 27 February 8, 2018

Pages 5521–5680

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 83, No. 27

Thursday, February 8, 2018

Agriculture Department PROPOSED RULES See Federal Crop Insurance Corporation Air Quality State Implementation Plans; Approvals and Promulgations: Census Bureau Alabama; Section 128 Board Requirements for RULES Infrastructure SIPs, 5594–5598 Final 2020 Census Residence Criteria and Residence Kentucky; Fine Particulate Matter and Ozone NAAQS Situations, 5525–5536 Revisions, 5593–5594 Modification of Significant New Use of a Certain Chemical Children and Families Administration Substance, 5598–5602 NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5630–5633 Submissions, and Approvals: Agency Information Collection Activities; Proposals, Application for Reference and Equivalent Method Submissions, and Approvals: Determination, 5626–5627 Preventing and Addressing Intimate Violence when Submission of Unreasonable Adverse Effects Information, Engaging Dads, 5630–5631 5625–5626 Assignment and Application of the Unique Identifier under Civil Rights Commission the Toxic Substances Control Act, 5623–5625 NOTICES Meetings: Meetings: National Environmental Justice Advisory Council, 5627– Kansas Advisory Committee, 5603 5628 Texas Advisory Committee, 5603–5604 Federal Aviation Administration Coast Guard RULES PROPOSED RULES Airworthiness Directives: Regulated Navigation Areas: 328 Support Services GmbH (Type Certificate Previously Harbor Entrances along the Coast of Northern California, Held by AvCraft Aerospace GmbH; Fairchild Dornier 5592–5593 GmbH; Dornier Luftfahrt GmbH) Airplanes, 5521– NOTICES 5523 List of Vessels Prohibited from Entering or Operating Amendment of Class E Airspace: within the Navigable Waters of the United States, Fort Scott, KS; and Phillipsburg, KS, 5523–5524 Pursuant to the Ports and Waterways Safety Act, as Modification of Air Traffic Service (ATS) Routes: amended by the Countering America’s Adversaries Western United States, 5524–5525 through Sanctions Act, 5638 PROPOSED RULES Meetings: Airworthiness Directives: Chemical Transportation Advisory Committee, 5638–5640 Airbus Airplanes, 5579–5587 Bombardier, Inc., Airplanes, 5587–5592 Commerce Department The Boeing Company Airplanes, 5576–5579 See Census Bureau NOTICES See Foreign-Trade Zones Board Agency Information Collection Activities; Proposals, See International Trade Administration Submissions, and Approvals: See National Oceanic and Atmospheric Administration Agricultural Aircraft Operator Certificate Application; Renewal, 5675–5676 Defense Department Exemption Petitions; Summaries: See Navy Department Executive Air Charter of Boca Raton, Inc., dba Fair Wind Air Charter, 5674–5675 Energy Department Minnesota Department of Natural Resources, 5675 See Federal Energy Regulatory Commission Federal Communications Commission Environmental Protection Agency RULES RULES Deletion of Rules Made Obsolete by the Digital Television Air Quality State Implementation Plans; Approvals and Transition, 5543–5545 Promulgations: NOTICES Oregon, Oakridge; PM2.5 Moderate Plan, Finding of Agency Information Collection Activities; Proposals, Attainment and Clean Data Determination, 5537– Submissions, and Approvals, 5628–5629 5540 West Virginia; Removal of Clean Air Interstate Rule Federal Crop Insurance Corporation Trading Programs Replaced by Cross-State Air PROPOSED RULES Pollution Rule Trading Programs, 5540–5543 General Administrative Regulations: Guidance: Subpart L—Reinsurance Agreement—Standards for Reclassification of Major Sources as Area Sources Under Approval; Regulations for the 2019 and Subsequent Section 112 of the Clean Air Act, 5543 Reinsurance Years, 5573–5576

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Federal Emergency Management Agency International Trade Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Annual Listing of Foreign Government Subsidies; Quarterly Submissions, and Approvals: Updates: Fire Management Assistance Grant Program, 5641–5642 Articles of Cheese Subject to an In-Quota Rate of Duty, Request for Applicants: 5608–5609 Technical Mapping Advisory Council, 5640–5641 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Federal Energy Regulatory Commission Aluminum Extrusions from the People’s Republic of NOTICES China, 5604–5608 Agency Information Collection Activities; Proposals, Glycine from the People’s Republic of China, 5611–5612 Submissions, and Approvals, 5616–5617 Polyethylene Terephthalate Film, Sheet, and Strip from Combined Filings, 5617–5619 India, 5612–5613 Complaints: Silicomanganese from the People’s Republic of China and BP Products North America, Inc., Trafigura Trading LLC Ukraine, 5609–5611 TCPU Inc.v. Colonial Pipeline Co., 5621 Panel Reviews: Environmental Assessments; Availability, etc.: North American Free Trade Agreement, 5609, 5612 Sierrita Gas Pipeline LLC, Sierrita Compressor Expansion Project, 5619–5620 International Trade Commission Initial Market-Based Rate Filings Including Requests for NOTICES Blanket Section 204 Authorizations: Investigations; Determinations, Modifications, and Rulings, All American Power and Gas, LLC, 5615–5616 etc.: Iridium Energy, LLC, 5622 Lined Paper School Supplies from China and India, 5646 License Applications: Meetings; Sunshine Act, 5646 James M. Knott, 5621–5622 Meetings: Management and Budget Office Reform of Affected System Coordination in the Generator NOTICES Interconnection Process; EDF Renewable Energy, Inc. Discount Rates for Cost-Effectiveness Analysis of Federal v. Midcontinent Independent System Operator, Inc., Programs, 5646–5647 Southwest Power Pool, Inc., and PJM Interconnection, L.L.C., 5616 National Council on Disability Staff Attendances, 5622–5623 NOTICES Meetings; Sunshine Act, 5647–5648 Federal Highway Administration NOTICES National Institutes of Health Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 5676–5679 Meetings: Center for Scientific Review, 5635–5637 Federal Maritime Commission National Center for Advancing Translational Sciences, NOTICES 5635 Agreements Filed, 5629–5630 National Institute of Mental Health, 5637–5638 Food and Drug Administration National Oceanic and Atmospheric Administration NOTICES RULES Determinations of Regulatory Review Periods for Purposes Coastal Migratory Pelagic Resources of the Gulf of Mexico of Patent Extensions: and Atlantic Region: JUBLIA, 5633–5634 Commercial Trip Limit Increase in the Atlantic Southern Zone, 5571–5572 Foreign-Trade Zones Board Taking and Importing Marine Mammals: NOTICES Testing and Training Activities Conducted in the Eglin Subzone Applications: Gulf Test and Training Range in the Gulf of Mexico, Distrilogik US Ltd., Foreign-Trade Zone 44, Morris 5545–5571 County, NJ, 5604 NOTICES Meetings: Health and Human Services Department New England Fishery Management Council, 5615 See Children and Families Administration Western Pacific Fishery Management Council, 5614 See Food and Drug Administration Permit Applications: See National Institutes of Health Marine Mammals; File No. 21371, 5614–5615 NOTICES Agency Information Collection Activities; Proposals, National Science Foundation Submissions, and Approvals, 5634–5635 NOTICES Meetings: Homeland Security Department Draft Environmental Impact Statement for the Sacramento See Coast Guard Peak Observatory, Sunspot, NM, 5648 See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Navy Department RULES Interior Department Certifications and Exemptions under the International See Surface Mining Reclamation and Enforcement Office Regulations for Preventing Collisions at Sea, 5536–5537

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Pension Benefit Guaranty Corporation Certification and Noncoal Reclamation, 5645–5646 NOTICES Permanent Regulatory Program—Small Operator Agency Information Collection Activities; Proposals, Assistance Program, 5644–5645 Submissions, and Approvals: Survey of Nonparticipating Single Premium Group Trade Representative, Office of United States Annuity Rates, 5649 NOTICES Technical Corrections to the Harmonized Tariff Schedule of Postal Regulatory Commission the United States, 5674 NOTICES New Postal Products, 5649–5650 Transportation Department Securities and Exchange Commission See Federal Aviation Administration NOTICES See Federal Highway Administration Orders: Extending Certain Temporary Exemptions under the U.S. Citizenship and Immigration Services Securities Exchange Act of 1934, 5665–5668 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Agency Information Collection Activities; Proposals, Cboe Exchange, Inc., 5668–5671 Submissions, and Approvals: Investors Exchange, LLC, 5655–5658 Application for Employment Authorization, 5643–5644 National Securities Clearing Corp., 5658–5665 Interagency Record of Request—A, G, or NATO New York Stock Exchange LLC, 5650–5655 Dependent Employment Authorization or Change/ NYSE Arca, Inc., 5671–5673 Adjustment To/From A, G, or NATO Status, 5642– 5643 State Department NOTICES Meetings: Reader Aids United States-Peru Environmental Affairs Council, Consult the Reader Aids section at the end of this issue for Environmental Cooperation Commission, and Sub- phone numbers, online resources, finding aids, and notice Committee on Forest Sector Governance, 5673–5674 of recently enacted public laws. Surface Mining Reclamation and Enforcement Office To subscribe to the Federal Register Table of Contents NOTICES electronic mailing list, go to https://public.govdelivery.com/ 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 Areas Designated by Act of Congress, 5644 manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR Proposed Rules: 400...... 5573 14 CFR 39...... 5521 71 (2 documents) ....5523, 5524 Proposed Rules: 39 (4 documents) ...5576, 5579, 5584, 5587 15 CFR Ch. I ...... 5525 32 CFR 706...... 5536 33 CFR Proposed Rules: 165...... 5592 40 CFR 52 (2 documents) ....5537, 5540 63...... 5543 Proposed Rules: 52 (2 documents) ....5593, 5594 721...... 5598 47 CFR 27...... 5543 54...... 5543 73...... 5543 74...... 5543 76...... 5543 50 CFR 218...... 5545 622...... 5571

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Rules and Regulations Federal Register Vol. 83, No. 27

Thursday, February 8, 2018

This section of the FEDERAL REGISTER W12–140, 1200 New Jersey Avenue SE, to skin failure, possibly resulting in a rapid contains regulatory documents having general Washington, DC 20590. depressurization of the aeroplane and applicability and legal effect, most of which • Hand Delivery: U.S. Department of consequently injury to occupants or loss of are keyed to and codified in the Code of Transportation, Docket Operations, M– structural integrity of the aeroplane. Federal Regulations, which is published under 30, West Building Ground Floor, Room To address this unsafe condition, 328 50 titles pursuant to 44 U.S.C. 1510. Support Services issued Service Bulletin SB– W12–140, 1200 New Jersey Avenue SE, 328J–53–320 that introduces a repetitive The Code of Federal Regulations is sold by Washington, DC, between 9 a.m. and 5 inspection, and defines as well maintenance the Superintendent of Documents. p.m., Monday through Friday, except requirements due to differences to the Federal holidays. original Type Certificate-configuration. For the reason stated above, this [EASA] DEPARTMENT OF TRANSPORTATION Examining the AD Docket AD requires repetitive inspection of skin You may examine the AD docket on doublers and structural members and, Federal Aviation Administration the internet at http:// depending on findings, accomplishment of www.regulations.gov by searching for structural repair. 14 CFR Part 39 and locating Docket No. FAA–2018– You may examine the MCAI on the internet at http://www.regulations.gov [Docket No. FAA–2018–0026; Product 0026; or in person at the Docket Identifier 2016–NM–157–AD; Amendment Operations office between 9 a.m. and 5 by searching for and locating Docket No. 39–19175; AD 2018–03–02] p.m., Monday through Friday, except FAA–2018–0026. Federal holidays. The AD docket FAA’s Determination and Requirements RIN 2120–AA64 contains this AD, the regulatory of This AD Airworthiness Directives; 328 Support evaluation, any comments received, and other information. The street address for This product has been approved by Services GmbH (Type Certificate the aviation authority of another Previously Held by AvCraft Aerospace the Docket Operations office (telephone: 800–647–5527) is in the ADDRESSES country, and is approved for operation GmbH; Fairchild Dornier GmbH; in the United States. Pursuant to our Dornier Luftfahrt GmbH) Airplanes section. Comments will be available in the AD docket shortly after receipt. bilateral agreement with the State of AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Design Authority, we have been notified Administration (FAA), DOT. Todd Thompson, Aerospace Engineer, of the unsafe condition described in the MCAI. We are issuing this AD because ACTION: Final rule; request for International Section, Transport we evaluated all pertinent information comments. Standards Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057–3356; and determined the unsafe condition SUMMARY: We are adopting a new telephone: 425–227–1175; fax: 425– exists and is likely to exist or develop airworthiness directive (AD) for certain 227–1149. on other products of the same type design. 328 Support Services GmbH Model SUPPLEMENTARY INFORMATION: 328–300 airplanes. This AD requires FAA’s Determination of the Effective Discussion contacting the FAA to obtain Date instructions for addressing the unsafe The European Aviation Safety Agency Since there are currently no domestic condition on these products, and doing (EASA), which is the Technical Agent operators of this product, we find good the actions specified in those for the Member States of the European cause that notice and opportunity for instructions. This AD was prompted by Union, has issued EASA AD 2016–0155, prior public comment are unnecessary. a determination that incomplete dated August 2, 2016 (referred to after In addition, for the reason(s) stated inspection instructions exist for the skin this as the Mandatory Continuing above, we find that good cause exists for under outer and inner doublers left Airworthiness Information, or ‘‘the making this amendment effective in less installed after the removal of a certain MCAI’’), to correct an unsafe condition than 30 days. data link system. We are issuing this AD for certain 328 Support Services GmbH to address the unsafe condition on these Model 328–300 airplanes. The MCAI Comments Invited products. states: This AD is a final rule that involves DATES: This AD becomes effective The Teledyne Telelink System, installed in requirements affecting flight safety, and February 23, 2018. accordance with FAA Supplemental Type we did not precede it by notice and We must receive comments on this certificate (STC) SA09839S, has been opportunity for public comment. We AD by March 26, 2018. removed from Dornier 328–300 aeroplanes. invite you to send any written relevant After removal, the outer and inner doubler, ADDRESSES: You may send comments, installed per STC instructions, have been left data, views, or arguments about this AD. using the procedures found in 14 CFR installed. These structural parts, not being Send your comments to an address 11.43 and 11.45, by any of the following part of the original aeroplane design, are not listed under the ADDRESSES section. methods: addressed by the aeroplane Instructions for Include ‘‘Docket No. FAA–2018–0026; • Federal eRulemaking Portal: Go to Continued Airworthiness, and no specific Product Identifier 2016–NM–157–AD’’ http://www.regulations.gov. Follow the inspections instructions for the skin under at the beginning of your comments. We instructions for submitting comments. the doublers are available. Consequently, a specifically invite comments on the crack under the installed doublers cannot be • Fax: 202–493–2251. overall regulatory, economic, • detected as per standard maintenance Mail: U.S. Department of program. environmental, and energy aspects of Transportation, Docket Operations, M– This condition could lead to undetected this AD. We will consider all comments 30, West Building Ground Floor, Room skin cracks that, if not corrected, could lead received by the closing date and may

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amend this AD based on those substantive verbal contact we receive instructions for addressing the unsafe comments. about this AD. condition, and doing the actions We will post all comments we specified in those instructions. Based on Costs of Compliance receive, without change, to http:// the actions specified in the MCAI AD, www.regulations.gov, including any Currently, there are no affected U.S.- we are providing the following cost personal information you provide. We registered airplanes. This AD requires estimates for an affected airplane that is will also post a report summarizing each contacting the FAA to obtain placed on the U.S. Register in the future:

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product

Inspection ...... 5 work-hours × $85 per hour = $425 per in- $0 per inspection cycle ...... $425 per inspection cycle. spection cycle.

We have received no definitive data For the reasons discussed above, I in any category, serial numbers 3145, 3149, that would enable us to provide cost certify that this AD: 3161, 3171, 3181, and 3185. estimates for any on-condition actions. 1. Is not a ‘‘significant regulatory (d) Subject action’’ under Executive Order 12866; Authority for This Rulemaking 2. Is not a ‘‘significant rule’’ under the Air Transport Association (ATA) of America Code 53, Fuselage. Title 49 of the United States Code DOT Regulatory Policies and Procedures specifies the FAA’s authority to issue (44 FR 11034, February 26, 1979); (e) Reason rules on aviation safety. Subtitle I, 3. Will not affect intrastate aviation in This AD was prompted by a determination section 106, describes the authority of Alaska; and that incomplete inspection instructions exist the FAA Administrator. ‘‘Subtitle VII: 4. Will not have a significant for the skin under outer and inner doublers Aviation Programs,’’ describes in more economic impact, positive or negative, left installed after the removal of a certain detail the scope of the Agency’s on a substantial number of small entities data link system. We are issuing this AD to authority. under the criteria of the Regulatory detect and correct skin cracks that could lead Flexibility Act. to skin failure and possible rapid We are issuing this rulemaking under depressurization and the subsequent loss of the authority described in ‘‘Subtitle VII, List of Subjects in 14 CFR Part 39 structural integrity of the airplane. Part A, Subpart III, Section 44701: Air transportation, Aircraft, Aviation (f) Compliance General requirements.’’ Under that safety, Incorporation by reference, section, Congress charges the FAA with Safety. Comply with this AD within the promoting safe flight of civil aircraft in compliance times specified, unless already air commerce by prescribing regulations Adoption of the Amendment done. for practices, methods, and procedures Accordingly, under the authority (g) Required Action(s) the Administrator finds necessary for delegated to me by the Administrator, Within 30 days after the effective date of safety in air commerce. This regulation the FAA amends 14 CFR part 39 as is within the scope of that authority this AD, request instructions from the follows: Manager, International Section, Transport because it addresses an unsafe condition Standards Branch, FAA, to address the that is likely to exist or develop on PART 39—AIRWORTHINESS unsafe condition specified in paragraph (e) of products identified in this rulemaking DIRECTIVES this AD; and accomplish the action(s) at the action. times specified in, and in accordance with, ■ 1. The authority citation for part 39 This AD is issued in accordance with those instructions. Guidance can be found in continues to read as follows: authority delegated by the Executive Mandatory Continuing Airworthiness Director, Aircraft Certification Service, Authority: 49 U.S.C. 106(g), 40113, 44701. Information (MCAI) European Aviation Safety Agency (EASA) AD 2016–0155, dated as authorized by FAA Order 8000.51C. § 39.13 [Amended] In accordance with that order, issuance August 2, 2016. ■ of ADs is normally a function of the 2. The FAA amends § 39.13 by adding (h) Alternative Methods of Compliance Compliance and Airworthiness the following new airworthiness (AMOCs) directive (AD): Division, but during this transition The Manager, International Section, period, the Executive Director has 2018–03–02 328 Support Services GmbH Transport Standards Branch, FAA, has the delegated the authority to issue ADs (Type Certificate Previously Held by authority to approve AMOCs for this AD, if applicable to transport category AvCraft Aerospace GmbH; Fairchild requested using the procedures found in 14 airplanes to the Director of the System Dornier GmbH; Dornier Luftfahrt CFR 39.19. In accordance with 14 CFR 39.19, Oversight Division. GmbH): Amendment 39–19175; Docket send your request to your principal inspector No. FAA–2018–0026; Product Identifier or local Flight Standards District Office, as Regulatory Findings 2016–NM–157–AD. appropriate. If sending information directly We determined that this AD will not (a) Effective Date to the International Section, send it to the attention of the person identified in have federalism implications under This AD becomes effective February 23, paragraph (i)(2) of this AD. Information may Executive Order 13132. This AD will 2018. be emailed to: 9-ANM-116-AMOC- not have a substantial direct effect on (b) Affected ADs [email protected]. Before using any the States, on the relationship between None. approved AMOC, notify your appropriate the national government and the States, principal inspector, or lacking a principal or on the distribution of power and (c) Applicability inspector, the manager of the local flight responsibilities among the various This AD applies to 328 Support Services standards district office/certificate holding levels of government. GmbH Model 328–300 airplanes, certificated district office.

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(i) Related Information telephone: (202) 267–8783. The Order is Availability and Summary of (1) Refer to MCAI EASA AD 2016–0155, also available for inspection at the Documents for Incorporation by dated August 2, 2016, for related information. National Archives and Records Reference You may examine the MCAI on the internet Administration (NARA). For at http://www.regulations.gov by searching information on the availability of FAA This document amends FAA Order for and locating Docket No. FAA–2018–0026. Order 7400.11B at NARA, call (202) 7400.11B, Airspace Designations and (2) For more information about this AD, Reporting Points, dated August 3, 2017, contact Todd Thompson, Aerospace 741–6030, or go to https:// www.archives.gov/federal-register/cfr/ and effective September 15, 2017. FAA Engineer, International Section, Transport Order 7400.11B is publicly available as Standards Branch, FAA, 1601 Lind Avenue ibr-locations.html. listed in the ADDRESSES section of this SW, Renton, WA 98057–3356; telephone: FAA Order 7400.11, Airspace 425–227–1175; fax: 425–227–1149. Designations and Reporting Points, is document. FAA Order 7400.11B lists Class A, B, C, D, and E airspace areas, (j) Material Incorporated by Reference published yearly and effective on September 15. air traffic service routes, and reporting None. points. FOR FURTHER INFORMATION CONTACT: Issued in Renton, Washington, on January Jeffrey Claypool, Federal Aviation The Rule 25, 2018. Administration, Operations Support This amendment to Title 14, Code of Michael Kaszycki, Group, Central Service Center, 10101 Acting Director, System Oversight Division, Federal Regulations (14 CFR) part 71 Hillwood Parkway, Fort Worth, TX modifies Class E airspace extending Aircraft Certification Service. 76177; telephone (817) 222–5711. [FR Doc. 2018–02016 Filed 2–7–18; 8:45 am] upward from 700 feet above the surface: SUPPLEMENTARY INFORMATION: BILLING CODE 4910–13–P Within a 6.4-mile radius (reduced Authority for This Rulemaking from a 7-mile radius) of Fort Scott Municipal Airport, Fort Scott, KS; The FAA’s authority to issue rules DEPARTMENT OF TRANSPORTATION removing the Fort Scott NDB from the regarding aviation safety is found in legal description; and removing the Title 49 of the United States Code. Federal Aviation Administration extension north of the NDB; Subtitle I, Section 106 describes the And within a 6.5-mile radius (reduced 14 CFR Part 71 authority of the FAA Administrator. Subtitle VII, Aviation Programs, from a 7.6-mile radius) of Phillipsburg [Docket No. FAA–2017–0523; Airspace describes in more detail the scope of the Municipal Airport, Phillipsburg, KS; Docket No. 17–ACE–9] agency’s authority. This rulemaking is removing the Phillipsburg NDB from the promulgated under the authority legal description; and removing the Amendment of Class E Airspace; Fort extension southeast of the NDB. Scott, KS; and Phillipsburg, KS described in Subtitle VII, Part A, Subpart I, Section 40103. Under that Airspace reconfiguration is necessary AGENCY: Federal Aviation section, the FAA is charged with due to the decommissioning of the Fort Administration (FAA), DOT. prescribing regulations to assign the use Scott NDB and the Phillipsburg NDB, ACTION: Final rule. of airspace necessary to ensure the the cancellation of the associated safety of aircraft and the efficient use of instrument approach procedures, and to SUMMARY: This action modifies Class E airspace. This regulation is within the bring the airspace in compliance with airspace extending upward from 700 scope of that authority as it amends FAA Order 7400.2L, Procedures for feet above the surface at Fort Scott Class E airspace extending upward from Handling Airspace Matters. Controlled Municipal Airport, Fort Scott, KS, and 700 feet above the surface at Fort Scott airspace is necessary for safety and the Phillipsburg Municipal Airport, Municipal Airport, Fort Scott, KS, and management of IFR operations at these Phillipsburg, KS. This action is required Phillipsburg Municipal Airport, airports. due to the decommissioning of the Fort Phillipsburg, KS, to support IFR Regulatory Notices and Analyses Scott non-directional radio beacon operations at these airports. (NDB) and the Phillipsburg NDB, and The FAA has determined that this the cancellation of the associated History regulation only involves an established instrument approach procedures. This The FAA published a notice of body of technical regulations for which action enhances the safety and proposed rulemaking in the Federal frequent and routine amendments are management of instrument flight rules Register (82 FR 46426; October 5, 2017) necessary to keep them operationally (IFR) operations at these airports. for Docket No. FAA–2017–0523 to current, is non-controversial and DATES: Effective 0901 UTC, May 24, modify Class E airspace extending unlikely to result in adverse or negative 2018. The Director of the Federal upward from 700 feet above the surface comments. It, therefore: (1) Is not a Register approves this incorporation by at Fort Scott Municipal Airport, Fort ‘‘significant regulatory action’’ under reference action under Title 1, Code of Scott, KS, and Phillipsburg Municipal Executive Order 12866; (2) is not a Federal Regulations, part 51, subject to Airport, Phillipsburg, KS. Interested ‘‘significant rule’’ under DOT the annual revision of FAA Order parties were invited to participate in Regulatory Policies and Procedures (44 7400.11 and publication of conforming this rulemaking effort by submitting FR 11034; February 26, 1979); and (3) amendments. written comments on the proposal to the does not warrant preparation of a ADDRESSES: FAA Order 7400.11B, FAA. No comments were received. regulatory evaluation as the anticipated Airspace Designations and Reporting Class E airspace designations are impact is so minimal. Since this is a Points, and subsequent amendments can published in paragraph 6005 of FAA routine matter that only affects air traffic be viewed online at http://www.faa.gov/ Order 7400.11B, dated August 3, 2017, procedures and air navigation, it is air_traffic/publications/. For further and effective September 15, 2017, which certified that this rule, when information, you can contact the is incorporated by reference in 14 CFR promulgated, does not have a significant Airspace Policy Group, Federal Aviation 71.1. The Class E airspace designations economic impact on a substantial Administration, 800 Independence listed in this document will be number of small entities under the Avenue SW, Washington, DC 20591; published subsequently in the Order. criteria of the Regulatory Flexibility Act.

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Environmental Review Issued in Fort Worth, Texas, on January 29, Authority for This Rulemaking 2018. The FAA’s authority to issue rules The FAA has determined that this Christopher L. Southerland, action qualifies for categorical exclusion regarding aviation safety is found in Acting Manager, Operations Support Group, Title 49 of the United States Code. under the National Environmental ATO Central Service Center. Subtitle I, Section 106 describes the Policy Act in accordance with FAA [FR Doc. 2018–02136 Filed 2–7–18; 8:45 am] authority of the FAA Administrator. Order 1050.1F, ‘‘Environmental BILLING CODE 4910–13–P Subtitle VII, Aviation Programs, Impacts: Policies and Procedures,’’ describes in more detail the scope of the paragraph 5–6.5.a. This airspace action agency’s authority. This rulemaking is is not expected to cause any potentially DEPARTMENT OF TRANSPORTATION promulgated under the authority significant environmental impacts, and Federal Aviation Administration described in Subtitle VII, Part A, no extraordinary circumstances exist Subpart I, Section 40103. Under that that warrant preparation of an 14 CFR Part 71 section, the FAA is charged with environmental assessment. prescribing regulations to assign the use Lists of Subjects in 14 CFR Part 71 of the airspace necessary to ensure the [Docket No. FAA–2017–0344; Airspace safety of aircraft and the efficient use of Docket No. 17–AWP–11] Airspace, Incorporation by reference, airspace. This regulation is within the Navigation (air). Modification of Air Traffic Service scope of that authority as it modifies the (ATS) Routes; Western United States air traffic service route structure in the Adoption of the Amendment western United States to maintain the efficient flow of air traffic. In consideration of the foregoing, the AGENCY: Federal Aviation Federal Aviation Administration Administration (FAA), DOT. History amends 14 CFR part 71 as follows: ACTION: Final rule. The FAA published a notice of proposed rulemaking (NPRM) in the SUMMARY: This action modifies VOR PART 71—DESIGNATION OF CLASS A, Federal Register for Docket No. FAA– Federal Airways V–113 and V–244 B, C, D, AND E AIRSPACE AREAS; AIR 2017–0344 (82 FR 41182; August 30, which caused navigational aid gaps due TRAFFIC SERVICE ROUTES; AND 2017). The NPRM proposed to amend to the decommissioning of Manteca and REPORTING POINTS two VOR Federal airways, V–113 and Maxwell VORs. V–244, in the western United States. ■ 1. The authority citation for part 71 DATES: Effective date 0901 UTC, March Interested parties were invited to continues to read as follows: 29, 2018. The Director of the Federal participate in this rulemaking effort by Authority: 49 U.S.C. 106(f), 106(g); 40103, Register approves this incorporation by submitting written comments on the 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, reference action under Title 1, Code of proposal. One comment was received. 1959–1963 Comp., p. 389. Federal Regulations, part 51, subject to the annual revision of FAA, Order Discussion of Comment § 71.1 [Amended] 7400.11 and publication of conforming The commenter wrote that V–113 amendments. should be further revised to remove the ■ 2. The incorporation by reference in Priest, CA, VOR from the route because ADDRESSES: FAA Order 7400.11B, 14 CFR 71.1 of FAA Order 7400.11B, Airspace Designations and Reporting that VOR is decommissioned. Airspace Designations and Reporting FAA response: The Priest VOR is in Points, and subsequent amendments can a shutdown status pending formal Points, dated August 3, 2017, and be viewed online at http://www.faa.gov/ decommissioning. This rule, in part, effective September 15, 2017, is air_traffic/publications/. For further corrects the coordinates defining the amended as follows: information, you can contact the PATYY intersection in V–113, while Airspace Policy Group, Federal Aviation Paragraph 6005 Class E Airspace Areas further amendment of V–113 is being Administration, 800 Independence Extending Upward From 700 Feet or More developed for a later date. In the Avenue SW, Washington, DC 20591; Above the Surface of the Earth. interim, RNAV-equipped aircraft can telephone: (202) 267–8783. The Order is continue to navigate along V–113,1 or * * * * * also available for inspection at the they can fly T–329 north-bound or National Archives and Records ACE KS E5 Fort Scott, KS [Amended] south-bound between the Paso Robles Administration (NARA). For Fort Scott Municipal Airport, KS VORTAC and the Panoche VORTAC, at information on the availability of FAA (Lat. 37°47′54″ N, long. 94°46′10″ W) which point they can resume V–113. Order 7400.11B at NARA, call (202) For non-RNAV equipped aircraft, ATC That airspace extending upward from 700 741–6030, or go to http:// could provide radar vectors or issue feet above the surface within a 6.4-mile www.archives.gov/federal-register/cfr/ alternative airway routing. radius of Fort Scott Municipal Airport. ibr-locations.html. * * * * * FAA Order 7400.11, Airspace Availability and Summary of Designations and Reporting Points, is Documents for Incorporation by ACE KS E5 Phillipsburg, KS published yearly and effective on Reference [Amended] September 15. This document amends FAA Order Phillipsburg Municipal Airport, KS FOR FURTHER INFORMATION CONTACT: 7400.11B, airspace Designations and Reporting Points, dated August 3, 2017, (Lat. 39°44′09″ N, long. 99°19′02″ W) Kenneth Ready, Airspace Policy Group, Office of Airspace Services, Federal and effective September 15, 2017. FAA That airspace extending upward from Aviation Administration, 800 Order 7400.11B is publicly available as 700 feet above the surface within a 6.5- Independence Avenue SW, Washington, mile radius of Phillipsburg Municipal DC 20591; telephone: (202) 267–8783. 1 Advisory Circular 90–108, Use of Suitable Area Navigation (RNAV) Systems on Conventional Airport. SUPPLEMENTARY INFORMATION: Routes and Procedures.

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listed in the ADDRESSES section of this Executive Order 12866; (2) is not a § 71.1 [Amended] document. FAA Order 7400.11B lists ‘‘significant rule’’ under Department of ■ 2. The incorporation by reference in Class A, B, C, D, and E airspace areas, Transportation (DOT) Regulatory 14 CFR 71.1 of FAA Order 7400.11B, air traffic service routes, and reporting Policies and Procedures (44 FR 11034; Airspace Designations and Reporting points. February 26, 1979); and (3) does not Points, dated August 3, 2017 and Differences From the NPRM warrant preparation of a regulatory effective September 15, 2017, is evaluation as the anticipated impact is amended as follows: Subsequent to publication of the so minimal. Since this is a routine NPRM, the FAA identified an error Paragraph 6010—Domestic VOR Federal matter that only affects air traffic Airways within a set of True (T) and Magnetic procedures and air navigation, it is (M) coordinates along V–113. The certified that this rule, when V–113 (Amended) intersection coordinates ‘‘INT Modesto ° ° promulgated, does not have a significant From Morro Bay, CA; Paso Robles, CA; 208 (T) 19(M) and El Nido 277 (T) economic impact on a substantial Priest, CA; Panoche, CA; INT Modesto 208° ° ° 262 (M) radials’’ were misidentified as number of small entities under the and El Nido 298 radials; Modesto, CA; PATYY intersection in the NPRM; when ° criteria of the Regulatory Flexibility Act. Linden, CA; INT Linden 046 and Mustang, in fact these coordinates are for WINDY NV, 208° radials; Mustang; 42 miles, 24 intersection. The FAA is changing the Environmental Review miles, 115 MSL, 95 MSL, Sod House, NV; 67 coordinates to ‘‘INT Modesto 208° (T) miles, 95 MSL, 85 MSL, Rome, OR; 61 miles, 191° (M) and El Nido 298° (T) 283° (M)’’ The FAA has determined that this 85 MSL, Boise, ID; Salmon, ID; Coppertown, as the correct coordinates for PATYY action modifying VOR Federal airways MT; Helena, MT; to Lewistown, MT intersection. V–113 and V–244 qualifies for * * * * * categorical exclusion under the National V–244 (Amended) The Rule Environmental Policy Act and its From Oakland, CA; INT Oakland 077° and The FAA is amending Title 14 Code agency-specific implementing Linden, CA, 246° radials; Linden; 30 miles, of Federal Regulations (14 CFR) part 71 regulations in FAA Order 1050.1F, 153 MSL, INT Linden 094° and Hangtown, to amend VOR Federal Airways V–113 ‘‘Environmental Impacts: Policies and CA, 157° radials; 58 miles, 153 MSL, INT and V–244 in the western United States Procedures’’ regarding categorical Coaldale, CA, 267° and Friant, CA, 022° due to the scheduled decommissioning exclusions for procedural actions at radials; 23 miles, 153 MSL, INT Coaldale of the Manteca and Maxwell VOR paragraph 5–6.5a, which categorically 267° and Bishop, CA, 337° radials; 43 miles, facilities. The routes are outlined below. excludes from full environmental 125 MSL, Coaldale, NV; Tonopah, NV; 40 V–113: V–113 currently extends impact review rulemaking actions that miles, 115 MSL, Wilson Creek, NV; 28 miles, 115 MSL, Milford, UT; Hanksville, UT; 63 between Morro Bay, CA (MQO) and designate or modify classes of airspace Lewistown, MT (LWT) with a gap miles, 13 miles, 140 MSL, 36 miles, 115 MSL, areas, airways, routes, and reporting Montrose, CO; Blue Mesa, CO; 33 miles, 122 between Panoche, CA (PXN) and points. Therefore, this airspace action is MSL, 27 miles, 155 MSL, Pueblo, CO; 18 Linden, CA (LIN). The FAA is filling the not expected to result in any significant miles, 48 miles, 60 MSL, Lamar, CO; 20 gap between Panoche, CA (PXN) and environmental impacts. In accordance miles, 116 miles, 65 MSL, Hays, KS; to Linden, CA (LIN). The unaffected with FAA Order 1050.1F, paragraph 5– Salina, KS. The airspace within R–2531A and portions of the existing route will 2 regarding Extraordinary R–2531B is excluded. remain as charted. Circumstances, this action has been Issued in Washington, DC, on January 29, V–244: V–244 currently extends reviewed for factors and circumstances 2018. between Oakland, CA (OAK) and Salina, in which a normally categorically Sean E. Hook, KS, (SLN). The FAA is relocating the excluded action may have a significant Acting Manager, Airspace Policy Group. segment of the route from Oakland, CA environmental impact requiring further [FR Doc. 2018–02133 Filed 2–7–18; 8:45 am] by rerouting the airway approximately 10 nautical miles north of the previous analysis, and it is determined that no BILLING CODE 4910–13–P airway until tied back into the previous extraordinary circumstances exist that route at Coaldale, NV. The unaffected warrant preparation of an portion of the existing route will remain environmental assessment. DEPARTMENT OF COMMERCE as charted. List of Subjects in 14 CFR Part 71 All radials in the regulatory text route Bureau of the Census descriptions below are stated in True Airspace, Incorporation by reference, degrees. Navigation (air). 15 CFR Chapter I VOR Federal airways are published in [Docket Number 160526465–8033–03] paragraph 6010(a), of FAA Order The Amendment RIN 0607–XC026 7400.11B dated August 3, 2017, and In consideration of the foregoing, the effective September 15, 2017, which is Federal Aviation Administration Final 2020 Census Residence Criteria incorporated by reference in 14 CFR amends 14 CFR part 71 as follows: and Residence Situations 71.1. The VOR Federal airways listed in this document will be subsequently PART 71—DESIGNATION OF CLASS A, AGENCY: Bureau of the Census, published in the Order. B, C, D, AND E AIRSPACE AREAS; AIR Department of Commerce. Regulatory Notices and Analyses TRAFFIC SERVICE ROUTES; AND ACTION: Final criteria. REPORTING POINTS The FAA has determined that this SUMMARY: The Bureau of the Census regulation only involves an established (U.S. Census Bureau) is providing ■ body of technical regulations for which 1. The authority citation for part 71 notification of the Final 2020 Census frequent and routine amendments are continues to read as follows: Residence Criteria and Residence necessary to keep them operationally Authority: 49 U.S.C. 106(f), 106(g); 40103, Situations. In addition, this document current. It, therefore: (1) Is not a 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, contains a summary of comments ‘‘significant regulatory action’’ under 1959–1963 Comp., p. 389. received in response to the June 30,

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2016, Federal Register document, as Determining usual residence is During the 60-day comment period that well as the Census Bureau’s responses straightforward for most people. ended on September 1, 2016, the Census to those comments. The residence However, given our nation’s wide Bureau received 77,958 comment criteria are used to determine where diversity in types of living submissions 4 that contained 77,995 people are counted during each arrangements, the concept of usual total comments in response to the decennial census. Specific residence residence has a variety of applications. proposed residence criteria and situations are included with the criteria Some examples of these living situations. A summary of these to illustrate how the criteria are applied. arrangements include people comments and the Census Bureau’s DATES: The final criteria in this experiencing homelessness, people with responses are included in section B of document are effective on March 12, a seasonal/second residence, people in this document. 2 2018. group facilities, people in the process Section C of this document provides of moving, people in hospitals, children the Final 2020 Census Residence FOR FURTHER INFORMATION CONTACT: in shared custody arrangements, college Criteria and Residence Situations.5 Jason Devine, Population and Housing students, live-in employees, military Programs Branch, U.S. Census Bureau, B. Summary of Comments Received in personnel, and people who live in Response to the ‘‘Proposed 2020 Census 6H173, Washington, DC 20233, workers’ dormitories. telephone (301) 763–2381; or Email Residence Criteria and Residence [[email protected]]. 2. Reviewing the 2020 Census Residence Situations’’ Criteria and Residence Situations SUPPLEMENTARY INFORMATION: On June 30, 2016, the Census Bureau Every decade, the Census Bureau published a document in the Federal A. Background undertakes a review of the Residence Register asking for public comment on The U.S. Census Bureau is committed Criteria and Residence Situations to the ‘‘Proposed 2020 Census Residence to counting every person in the 2020 ensure that the concept of usual Criteria and Residence Situations.’’ Of Census once, only once, and in the right residence is interpreted and applied, the 77,995 comments received, 77,887 6 place. The fundamental reason that the consistent with the intent of the Census pertained to prisoners, and 44 decennial census is conducted is to Act of 1790, which was authored by a pertained to overseas military fulfill the Constitutional requirement Congress that included many of the personnel. There were four comments (Article I, Section 2) to apportion the framers of the U.S. Constitution and on health care facilities. There were seats in the U.S. House of directed that people were to be counted three comments on each of the Representatives among the states.1 For a at their usual residence. This review following residence situations: Foreign fair and equitable apportionment, it is also serves as an opportunity to identify citizens in the United States, juvenile crucial that the Census Bureau counts new or changing living situations facilities, and people in shelters and/or everyone in the right place during the resulting from societal change, and to experiencing homelessness. There were decennial census. address those situations in the guidance two comments on each of the following in a way that is consistent with the residence situations: Boarding school The residence criteria are used to concept of usual residence. students, college students, group homes determine where people are counted This decade, as part of the review, the and residential treatment centers for during each decennial census. Specific Census Bureau requested public adults, transitory locations, visitors on residence situations are included with comment on the ‘‘2010 Census Census Day, people who live or stay in the criteria to illustrate how the criteria Residence Rule and Residence more than one place, merchant marine are applied. Situations’’ through the Federal personnel, and religious group quarters. 1. The Concept of Usual Residence Register (80 FR 28950) on May 20, 2015, There was one comment on each of the to allow the public to recommend any rest of the residence situations [people The Census Bureau’s enumeration changes they would like to be away from their usual residence on procedures are guided by the considered for the 2020 Census. The Census Day (e.g., on vacation or constitutional and statutory mandates to Census Bureau received 252 comment business trip); people living outside the count all residents of the several states. submission letters or emails that United States; people moving into or out [U.S. Const. Art. 1, Section 2, cl.3, Title contained 262 total comments. (Some of a residence around Census Day; 13, United States Code, Section 141.] comment submissions included people who are born or who die around The state in which a person resides and comments or suggestions on more than the specific location within that state is one residence situation.) 4 Of the 77,958 comment submissions, 2,958 determined in accordance with the On June 30, 2016, the Census Bureau contained unique content and 75,000 were concept of ‘‘usual residence,’’ which is published the ‘‘Proposed 2020 Census duplicates. defined by the Census Bureau as the Residence Criteria and Residence 5 The Census Bureau used the term ‘‘Residence place where a person lives and sleeps Rule and Residence Situations’’ when referring to Situations’’ in the Federal Register (81 the 2010 version of this documentation and in 3 most of the time. This is not always the FR 42577). In that publication, the portions of previous publications in the Federal same as a person’s legal residence, Census Bureau included a summary of Register in 2015 and 2016 regarding this topic. voting residence, or where they prefer to comments on the May 2015 Federal However, in this document, and in the foreseeable be counted. This concept of ‘‘usual Register document, as well as the future, the Census Bureau will use the term residence’’ is grounded in the law ‘‘Residence Criteria and Residence Situations.’’ Bureau’s responses to those comments. 6 The majority of comments received on this topic providing for the first census, the Act of used the terms ‘prisoner,’ ‘incarcerated,’ or ‘inmate.’ March 1, 1790, expressly specifying that 2 In this document, ‘‘group facilities’’ (referred to Although the terminology is not exactly what we persons be enumerated at their ‘‘usual also as ‘‘group quarters’’ (GQ)) are defined as places use in the residence criteria documentation, we place of abode.’’ where people live or stay in group living believe the context of the comments suggests the arrangements, which are owned or managed by an comments apply to people in Federal and State entity or organization providing housing and/or Prisons, Local Jails and Other Municipal 1 Apportionment is based on the resident services for the residents. Confinement Facilities, and possibly Federal population, plus a count of overseas federal 3 The Proposed 2020 Census Residence Criteria Detention Centers and Correctional Facilities employees, for each of the 50 states. Redistricting and Residence Situations are the same as the Final Intended for Juveniles. References in this document data include the resident population of the 50 2020 Census Residence Criteria and Residence to ‘‘prisons,’’ or ‘‘prisoners,’’ should be interpreted states, District of Columbia, and Puerto Rico. Situations that are provided in Section C. as referring to all of these types of facilities.

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Census Day; relatives and nonrelatives; and cannot fully resolve the issues Æ Some commenters suggested that residential schools for people with associated with where prisoners are the correctional facility where a disabilities; housing for older adults; counted. prisoner is located on Census Day is not U.S. military personnel; and workers’ • Most commenters suggested that where a prisoner spends most of their residential facilities]. The Census counting prisoners at the prison time. Bureau also received one comment on inaccurately represents the population D Some supported this suggestion by the concept of usual residence, seven counts and demographic characteristics stating that counting incarcerated general comments on the overall of prisoners’ home communities, as well people at the facility in which they are residence criteria, and 18 comments on as the communities where the prisons housed on Census Day ignores the other issues not directly related to the are located. These commenters stated transient and temporary nature of residence criteria or any specific that prisoners typically come from incarceration. These commenters stated residence situation. urban, underserved communities whose that incarcerated people are typically populations are disproportionately transferred multiple times between 1. Comments on Prisoners African-American and Latino, while various correctional facilities during the Of the 77,887 comments pertaining to prisons are more likely to be located in time between when they are arrested prisoners, 77,863 suggested that largely White (non-Hispanic) rural and when they are released. prisoners should be counted at their communities, far from the actual homes D Some supported this suggestion by home or pre-incarceration address. The of the prisoners. Therefore, most focusing on local jails. They stated that, rationales included in these comments commenters also suggested that while the length of incarceration for were as follows. counting prisoners at the prisons prison inmates is typically more than • Almost all commenters either disproportionally harms communities one year, about a third of all inmates (in directly suggested, or alluded to the with high proportions of minorities, by prisons and jails) are jail inmates, and view, that counting prisoners at the preventing their home communities the typical length of incarceration for prison inflates the political power of the from receiving their fair share of jail inmates is much shorter than one area where the prison is located, and representation and funding. year (i.e., a few days to a few weeks). A deflates the political power in the • Many commenters stated that the few also stated that the majority of jail prisoners’ home communities. These incarcerated population has increased inmates have not been convicted of a commenters stated that this distorts the significantly in recent decades. Some crime, or stated that they are awaiting redistricting process by allowing commenters also stated that, throughout trial and presumed innocent until officials to count prisoners as the long history of the decennial census, proven guilty. ‘‘residents’’ of the districts where they the Census Bureau has previously D A few supported this suggestion by are imprisoned, even though the evolved and reevaluated its residence stating that, if your measuring stick is prisoners are not allowed to vote during criteria in response to other historical the 10-year period for which the the time that they are confined in that changes in demographics and normative decennial census counts affect district. living situations (e.g., the 1950 change representation, funding, and policies, Æ Similarly, many commenters to how college students were counted). most prisoners are incarcerated for less suggested that counting prisoners away Therefore, they suggested that the than 10 years. from their home address goes against changes in the prisoner population and Æ A few commenters suggested that the principle of equal representation. patterns of prison locations during multiple factors must be considered Some commenters more specifically recent decades warrant a similar together when determining the correct suggested that the practice potentially evolution of the residence criteria. place to count certain types of people, violates the Voting Rights Act and/or • Some commenters suggested that such as prisoners, who do not easily the U.S. constitutional commitment to the Census Bureau should change its align with the standard definition of one person, one vote. A couple of interpretation of the concept of ‘‘usual usual residence. Therefore, they stated commenters stated that the practice residence’’ (i.e., as the place where a that a one-size-fits-all approach of differs from certain international person lives and sleeps most of the focusing solely on where people live guidelines. time), as it relates to incarcerated and sleep most of the time is not Æ A few commenters stated that people. To support this suggestion, appropriate for determining where to counting prisoners at the correctional commenters used various rationales. count prisoners. facilities can also negatively impact the Æ Some commenters suggested that Æ A few commenters suggested that communities in which the prisons are prisoners do not have enduring social only prisoners who are serving long- located by distorting and/or ties or allegiance to the community term sentences, such as longer than six complicating the redistricting process at where they are incarcerated. To explain months or a year, should be counted at the local level (e.g., county this, some commenters more the facility, and that prisoners serving commissions, city councils, and school specifically stated that prisoners cannot shorter terms should be counted at their boards). interact with the community where they usual residence outside of the facility. Æ Some commenters stated that the are incarcerated, are there involuntarily, • Some commenters suggested that current residence criteria for prisoners and generally do not plan to remain in the treatment of prisoners is are inconsistent with certain states’ laws that community upon their release. A inconsistent with the treatment of other regarding residency for elections (i.e., few commenters also stated that the residence situations in which people are some state laws specifically say that a governmental representatives of the temporarily living or staying away from correctional facility is not a residence). community where the prison is located their permanent address (e.g., travelers Æ Some commenters stated that some do not serve the prisoners, or they stated and snowbirds). A few stated that the states and many local governments that prisoners are not constituents of the proposed residence criteria make it already adjust their population data to community where the prison is located. appear as if the Census Bureau plans to remove prisoners when drawing their These commenters further stated that count boarding school students, districts. However, these commenters prisoners rely, instead, on the deployed military personnel, truck also suggested that this ‘‘piecemeal’’ representative services of the legislators drivers, members of Congress, and/or approach at the local level is inefficient in their pre-incarceration communities. juveniles in residential treatment

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facilities at their home address, even if the family and friends of the prisoners facility would be less consistent with they do not spend most of their time who travel to the facility for visitation. the concept of usual residence, since the there. One commenter suggested that majority of people in prisons live and • Some commenters suggested that counting prisoners at their ‘‘home sleep most of the time at the prison. the number/proportion of comments address’’ would create unreasonable States are responsible for legislative submitted on this issue indicates that burden on the census process because of redistricting. The Census Bureau works there is an overwhelming consensus the considerable time and effort that closely with the states and recognizes urging a change to how prisoners are would be necessary, both on the part of that some states have decided, or may counted in the census. the facility administrators who would decide in the future, to ‘move’ their • A few commenters suggested that need to research and maintain the prisoner population back to the the Census Bureau has acknowledged address records, and on the census prisoners’ pre-incarceration addresses the need to correct its own data by enumerators who would need to collect for redistricting and other purposes. proposing to help states with post- and ensure the accuracy of the Therefore, following the 2020 Census, census population adjustments. addresses. One commenter stated that the Census Bureau plans to offer a Æ Some of these commenters any approach that would count product that states can request, in order suggested that ‘‘this ad hoc approach is prisoners somewhere other than the to assist them in their goals of neither efficient nor universally prison would likely result in a national reallocating their own prisoner implementable.’’ Some also stated that undercount due to the difficulty in population counts. Any state that many states have laws that would tracking inmates in transit. One requests this product will be required to prevent them from using such commenter stated that it is not the submit a data file (indicating where alternative data to adjust their Census Census Bureau’s responsibility to each prisoner was incarcerated on counts for redistricting, and that many facilitate states’ redistricting activities Census Day, as well as their pre- states may not have the resources to beyond their currently proposed incarceration address) in a specified gather the necessary data to provide to activities (i.e., providing the format. The Census Bureau will review the Census Bureau. Some also expressed redistricting data file, identifying the the submitted file and, if it includes the concerns about the states’ inability to group quarters counts at the block level, necessary data, provide a product that and the proposed option to geocode provide data on federal prisoners and contains supplemental information the prisoner addresses if they are provided prisoners who are incarcerated in state can use to construct alternative by the state to the Census Bureau). another state. within-state tabulations for its own Æ Twenty comments were neutral purposes. However, the Census Bureau Therefore, some of these regarding where to count prisoners, in commenters suggested that the only way will not use the state-provided data in that they did not state whether they this product to make any changes to the to implement a consistent solution for thought that prisoners should be official decennial census counts. the entire United States is for the counted at the facility or at some other The Census Bureau also plans to Census Bureau to change the way it address. Many of these commenters provide group quarters data after the counts prisoners. A few also suggested stated the importance of equal 2020 Census sooner than it was that the Census Bureau would be best representation for all. Some stated that provided after the 2010 Census. For the able to accomplish this change if all prisoners should have the right to vote. 2010 Census, the Census Bureau correctional facilities (local, state, and A few further clarified that prisoners released the Advance Group Quarters federal) and/or all state and federal should have the right to vote if they are Summary File showing the seven major corrections departments were required going to be counted as residents (of any types of group quarters, including to collect and maintain accurate records place) for redistricting purposes, or vice on each prisoner’s home/pre- correctional facilities for adults and versa (i.e., if prisoners do not have the 7 incarceration address. right to vote, then they should not be juvenile facilities. This early release of Four comments were in support of counted). One specifically stated that data on the group quarters population counting prisoners at the correctional incarcerated people should not be was beneficial to many data users, facility. All of these commenters counted at all (either at the facility or including those in the redistricting suggested that the correctional facility is elsewhere) because they committed a community who must consider whether the prisoner’s usual residence, or where crime and are not legally eligible to to include or exclude certain they live and sleep most of the time (i.e., vote. A few commenters stated concerns populations when redrawing boundaries prisoners are usually in prison, or away regarding the fairness or effectiveness of as a result of state legislation. The from their pre-incarceration address, for the criminal justice system. Census Bureau is planning to relatively long periods of time, such as Census Bureau Response: For the incorporate similar group quarters one year or more). One commenter 2020 Census, the Census Bureau will information in the standard further stated that, because people are retain the proposed residence situation Redistricting Data (Public Law 94–171) usually sent to prison for more than one guidance for correctional facilities Summary File for 2020. year, they are not considered to be only (Sections C.13.e, C.15, and C.17.a). The 2. Comments on the Military Overseas ‘‘temporary residents’’ of the prison practice of counting prisoners at the under many government regulations correctional facility is consistent with Of the 44 comments received (other than the Census Bureau’s). One the concept of usual residence, as pertaining to the military overseas, 40 commenter suggested that it makes established by the Census Act of 1790. supported the Census Bureau proposal sense to count prisoners at the facility As noted in section A.1 of this 7 The Advance Group Quarters Summary File was because the communities in which the document, ‘‘usual residence’’ is defined released on April 20, 2011, which was earlier than facilities are located are responsible for as the place where a person lives and when that GQ data was originally planned to be providing emergency response and sleeps most of the time, which is not released in the Summary File 1 that was released certain law enforcement services to always the same as their legal residence, on June 16–August 25, 2011. The earlier release made it easier to use these GQ data in conjunction those facilities, as well as providing voting residence, or where they prefer to with the Redistricting Data (Public Law 94–171) road maintenance and hospitality be counted. Therefore, counting Summary File, which was released on February 3– services (e.g., hotels and restaurants) for prisoners anywhere other than the March 24, 2011.

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to treat military personnel who are Some commenters suggested that the change for counting deployed military is temporarily deployed overseas on a military member’s permanent duty implemented for the 2020 Census, then short-term basis differently than station from which they were deployed the Census Bureau should also ensure military personnel who are stationed is their usual residence (i.e., where they that the methodology used to produce overseas on a more long-term basis. live and sleep most of the time), and the annual population estimates is More specifically, most of these some commenters stated that counting revised accordingly. commenters suggested that military deployed personnel at their usual One commenter expressed support for personnel who are deployed overseas residence in the United States would be the proposal to include military and should be counted at their usual consistent with how the Census Bureau civilian employees of the U.S. residence in the United States where counts other people who are government who are deployed or they were stationed at the time they temporarily away for work purposes. A stationed/assigned overseas and are not were deployed, and included in the few commenters stated that U.S. citizens (but must be legal U.S. local community-level resident deployments are typically short in residents to meet the requirements for population counts. duration, and one commenter stated that federal employment) in the Federally Many commenters stated that the Army plans to further shorten the Affiliated Overseas Count, because these counting deployed military personnel at length of deployments in the future. A people have met the requirements to their usual residence (where they are few commenters stated that deployed qualify for federal employment and stationed) in the United States would personnel must return to their have pledged to serve our country. They more accurately reflect the social and permanent duty station in the United also stated that this proposal would be economic impact that these personnel States after the deployment ends, and a consistent with the fact that citizenship members have on the communities few commenters stated that many status is not a requirement for where they usually work, recreate, and deployed personnel have families that determining a person’s residence. reside. Many commenters similarly live with them at their permanent duty Three comments opposed the stated that deployed personnel should station and maintain their residence proposal to count deployed military at be counted at their usual residence in while the military member is deployed. their usual residence in the United the United States in order to ensure that Some commenters stated that many of States from which they were deployed. the communities surrounding military the family members of deployed One commenter suggested that all bases are able to obtain the necessary military were confused during the 2010 overseas military personnel should be resources and funding to support the Census about whether they should counted in the same way, and that there soldiers who serve our country and their count themselves at their usual is not a good reason to treat deployed families, as well as accurate data to residence because they were instructed personnel as a separate category from inform community planning. These that their deployed family member personnel who are stationed overseas. commenters stated that the would be counted through One commenter suggested that the aforementioned planning, funding, and administrative records, and they Census Bureau should continue to count other resources would support assumed the same would be true for all overseas military personnel, community services such as police and them as well. One of these commenters including those who are deployed, in fire departments, schools, roads, parks, stated that proposed residence guidance the state where they lived when they utilities, and other infrastructure and for how deployed personnel would be enlisted (i.e., their home of record) amenities. counted in the 2020 Census should because military personnel are typically Some commenters stated that reduce some of this confusion. reassigned to a different permanent duty deployments from specific military However, all of these commenters station every few years throughout their bases typically happen in surges to encouraged the Census Bureau to career, and their home of record is support specific events, such as combat conduct a strong communication and where they have the strongest ties. One missions or natural disasters. Therefore, outreach program to ensure that all commenter suggested that the Census these commenters suggested that, if an family members of deployed personnel Bureau should not implement the event like this happens around the time are made aware of the fact that they still proposed change to how deployed of the census enumeration, then the need to complete the census military are counted because that change would weaken the argument for population of the community questionnaire for themselves. One commenter expressed concern continuing to count prisoners at the surrounding that military base would be about footnote 5 in the proposed correctional facility where they are grossly undercounted if the deployed residence criteria documentation, which incarcerated on Census Day. This personnel were not counted there. One said: ‘‘The ability to successfully commenter also recommended that the commenter suggested that counting integrate the DOD data on deployed Census Bureau should make a stronger deployed personnel at their usual personnel into the resident population case for the distinction between these residence would produce more counts must be evaluated and confirmed two large populations (i.e., deployed consistent results than counting them at prior to the 2020 Census.’’ The military personnel versus prisoners). their home of record because the commenter was worried that the One comment was neutral regarding Department of Defense records on proposed change for counting deployed where to count overseas military military personnel members’ home of 8 military might not be implemented if personnel, in that they did not state record were not well maintained prior the research and evaluations are not where they thought deployed personnel to the 2010 Census. completed before final decisions must should be counted. They simply stated be made, and they suggested that such that it appeared that not all of the 8 Home of record is generally the permanent home of the person at the time of entry or re- research is not necessary because the locally stationed military personnel and enlistment into the Armed Forces, as included on Census Bureau already uses data from their dependents were being counted, personnel files. For the 2010 Census, if home of the Defense Manpower Data Center and asked for more information on record information was not available for a person, when producing annual population whether this was true and/or how to the Department of Defense used the person’s ‘‘legal residence’’ (the residence a member declares for estimates at the national, state, and ensure they were counted in the future. state income tax withholding purposes), or thirdly, county levels. This commenter also Census Bureau Response: For the ‘‘last duty station,’’ to assign a home state. recommended that if the proposed 2020 Census, the Census Bureau will

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retain the proposed residence situation should be counted at the residence are actively preparing to transition. guidance for overseas military personnel where they were living before they Comments on health care facilities not (Sections C.4.a–b and C.13.f–g). This entered the facility because they will addressed in this section were guidance makes a distinction between most likely return to their prior considered out of scope for this personnel who are deployed overseas community, which is where they would document. and those who are stationed or assigned normally vote. This commenter also 4. Comments on Foreign Citizens in the overseas. Deployments are typically stated that these people should be United States short in duration, and the deployed counted in their prior communities in personnel will be returning to their order to ensure that those communities Three comments were related to usual residence where they are receive the proper allocation of foreign citizens in the United States. stationed or assigned in the United representatives and resources. One commenter simply stated that they States after their temporary deployment One commenter similarly suggested agree with the Census Bureau’s proposal ends. Personnel stationed or assigned that people living in psychiatric regarding how foreign citizens are overseas generally remain overseas for hospitals on Census Day should be counted. One commenter suggested that longer periods of time and often do not counted at the residence where they the Census Bureau should add wording return to the previous stateside location sleep most of the time, and only to clarify whether foreign ‘‘snowbirds’’ from which they left. Therefore, counted at the facility if they do not (i.e., foreign citizens who stay in a counting deployed personnel at their have a usual home elsewhere. They seasonal residence in the United States usual residence in the United States stated that the Census Bureau for multiple months) are considered to follows the standard interpretation of misunderstands the functioning of state be ‘‘living’’ in the United States or only the residence criteria to count people at and private psychiatric hospitals, which ‘‘visiting’’ the United States. In order to their usual residence if they are today provide primarily acute and short more accurately reflect the impact of temporarily away for work purposes. term treatment (e.g., less than two foreign snowbirds on local jurisdictions The Census Bureau will use weeks, in most cases). They also stated in the United States, this commenter administrative data from the that most patients in these facilities are suggested defining those who are Department of Defense to count likely to have a permanent residence ‘‘living’’ in the United States as those deployed personnel at their usual elsewhere. The same commenter also who are ‘‘living or staying in the United residence in the United States for stated that the Census Bureau’s proposal States for an extended period of time apportionment purposes and for for how to count people in nursing/ exceeding ____months.’’ One inclusion in the resident population skilled-nursing facilities does not best commenter expressed concern about the counts. The Census Bureau will count capture the experience of people with impact of including undocumented military and civilian employees of the disabilities who are in the process of people in the population counts for U.S. government who are stationed or transitioning from group housing to redistricting because these people assigned outside the United States, and more independent housing. Therefore, cannot vote, and they stated that this their dependents living with them, in the commenter suggested that the practice encourages gerrymandering. their home state, for apportionment Census Bureau should alter the This commenter suggested collecting purposes only, using administrative proposed guidance in order to allow data to identify the citizen voting age data provided by the Department of people in nursing/skilled-nursing population (CVAP), so that the data Defense and the other federal agencies facilities to be counted at a residence to could be used to prevent that employ them. which they are actively preparing to gerrymandering in gateway The Census Bureau has been transition. communities during the redistricting communicating with stakeholders from Census Bureau Response: For the process. various military communities and plans 2020 Census, the Census Bureau will Census Bureau Response: For the to work closely with military retain the proposed residence situation 2020 Census, the Census Bureau will stakeholders to plan and carry out the guidance for health care facilities retain the proposed residence situation enumeration of military personnel. As (Section C.11). Separate residence guidance for foreign citizens in the the planning process moves forward, guidance was not added for memory United States (Section C.3). Foreign there will be continued testing of our care centers because these types of citizens are considered to be ‘‘living’’ in process for integrating DOD data on facilities would be considered the United States if, at the time of the deployed personnel into the resident subcategories of assisted living facilities census, they are living and sleeping population counts. and nursing facilities/skilled nursing most of the time at a residence in the facilities (Section C.11), and the United States. Section C.3 provides 3. Comments on Health Care Facilities guidance provided for these types of sufficient guidance for foreign citizens Four comments were related to health facilities is sufficient. Patients in mental either living in or visiting the United care facilities. One commenter simply (psychiatric) hospitals and psychiatric States. Section C.5 provides additional stated that they agree with the Census units in other hospitals (where the guidance regarding ‘‘snowbirds.’’ Bureau’s proposal regarding how to primary function is for long-term non- Comments on foreign citizens in the count people in health care facilities. acute care) will be counted at the United States not addressed in this One commenter suggested that the facility because the facilities or units section were considered out of scope for Census Bureau add residence guidance within the facilities are primarily this document. specifically regarding memory care serving long-term non-acute patients centers as a separate category from who live and sleep at the facility most 5. Comments on Juvenile Facilities nursing facilities because the nature of of time. Because people must be Three comments were related to Alzheimer’s disease and Dementia counted at their current usual residence, juvenile facilities. One commenter necessitates that these patients be rather than a future usual residence, the simply stated that they agree with the enumerated through administrative residence guidance for patients in Census Bureau’s proposal regarding records in order to ensure the accuracy nursing/skilled-nursing facilities will how to count juveniles in non- of the data. One commenter suggested not be revised to allow some people to correctional residential treatment that people in psychiatric facilities be counted at a residence to which they centers. One commenter stated that

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juveniles in all three types of juvenile the subcategory of people in emergency Census Bureau Response: For the facilities (i.e., correctional facilities, and transitional shelters with sleeping 2020 Census, the Census Bureau will non-correctional group homes, and non- facilities for people experiencing retain the proposed residence situation correctional residential treatment homelessness. This commenter stated guidance for college students (Section centers) should be counted at their that these data are important to both C.10.a–e) and boarding school students usual residence. One commenter housing advocates trying to assess the (Section C.9.a). The Census Bureau has similarly stated that people in juvenile housing needs of people with historically counted boarding school facilities should be counted at their disabilities, and to legal advocates students at their parental home, and usual residence outside the facility, but working to enforce the community will continue doing so because of the the context of the comment showed that integration mandates of the Americans students’ age and dependency on their this commenter was referring mostly to with Disabilities Act. parents, and the likelihood that they correctional facilities for juveniles Census Bureau Response: For the will return to their parents’ residence (rather than non-correctional group 2020 Census, the Census Bureau will when they are not attending their homes and non-correctional residential retain the proposed residence situation boarding school (e.g., weekends, treatment centers). guidance for people in shelters and summer/winter breaks, and when they Census Bureau Response: For the people experiencing homelessness stop attending the school). 2020 Census, the Census Bureau will (Section C.21). retain the proposed residence situation 8. Comments on Non-Correctional Adult The proposed residence guidance Group Homes and Residential guidance for juvenile facilities (Section already allows people who are C.17). People in correctional facilities Treatment Centers temporarily displaced by natural for juveniles and non-correctional group Two comments were related to adult disasters to be counted at their usual homes for juveniles will be counted at group homes and residential treatment residence to which they intend to the facility because the majority of centers. One commenter suggested that return. People in temporary group living people in these types of facilities live all people in adult group homes and quarters established for victims of and sleep there most of the time. People adult residential treatment centers natural disasters will be counted where in non-correctional residential treatment should be counted at their usual they live and sleep most of the time (or centers for juveniles will be counted at residence other than the facility, at the facility if they do not report a the residence where they live and sleep because counting them at the facility is usual home elsewhere). In addition, most of the time (or at the facility if they not consistent with their state’s do not have a usual home elsewhere) people who are temporarily displaced or definition of residence. One commenter because these people typically stay at experiencing homelessness, and are stated that the Census Bureau’s proposal the facility temporarily and often have staying in a residence for a short or for how to count people in adult group a usual home elsewhere to return to indefinite period of time, will be homes does not best capture the after treatment is completed. counted at the residence where they live experience of people with disabilities and sleep most of the time. If they who are in the process of transitioning 6. Comments on People in Shelters and cannot determine a place where they from group housing to more People Experiencing Homelessness live most of the time, they will be independent housing. Therefore, the Three comments were related to counted where they are staying on commenter suggested that the Census people in shelters and people Census Day. Bureau should alter the proposed experiencing homelessness. One 7. Comments on College Students and guidance in order to allow people in expressed agreement with the Census Boarding School Students adult group homes to be counted at a Bureau’s proposal regarding how to residence to which they are actively count people in all of the subcategories Two comments were related to preparing to transition. The same of this residence situation except for the boarding school students, and two commenter also requested that the subcategory of people in domestic comments were related to college Census Bureau publish national and/or violence shelters. This commenter students. One commenter simply stated state level population counts for the suggested that people in domestic that they agree with the Census Bureau’s subcategories of people in adult group violence shelters should be allowed to proposal regarding how to count homes and adult residential treatment be counted at their last residence boarding school students and college centers. This commenter stated that address prior to the shelter, due to the students. One commenter suggested that these data are important to both housing temporary nature of their stay and the they agree with counting college advocates trying to assess the housing confidentiality of that shelter’s location. students at their college residence needs of people with disabilities, and to One commenter suggested that the because that would better ensure that all legal advocates working to enforce the Census Bureau add residence guidance college students are counted in the community integration mandates of the specifically regarding ‘‘temporarily census. One commenter suggested that Americans with Disabilities Act. moved persons due to emergencies’’ boarding school students should be Census Bureau Response: For the (e.g., displaced from their home by a counted at the school because that is 2020 Census, the Census Bureau will hurricane or earthquake). This where they live and sleep most of the retain the proposed residence situation commenter stated that these people time, and they participate in (and guidance for people in non-correctional should be counted ‘‘in their normal consume the resources of) the adult group homes and residential prior residential locations’’ (if they state community where the school is located. treatment centers (Section C.16). People the intention to return to that prior This commenter also stated that in non-correctional group homes for location after their home is repaired/ counting boarding school students at adults will be counted at the facility rebuilt) so that accurate decisions can be their parental home is inconsistent with because the majority of people in these made regarding funding for rebuilding the fact that college students are types of facilities live and sleep there and infrastructure restoration in those counted at their college residence, most of the time. People in non- locations. One commenter requested considering that college students are correctional residential treatment that the Census Bureau publish national often just as dependent on their parents centers for adults will be counted at the and/or state level population counts for as boarding school students. residence where they live and sleep

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most of the time (or at the facility if they guidance for people in transitory guidance for merchant marine personnel do not have a usual home elsewhere) locations, including those living in (Section C.14). because these people typically stay at recreational vehicles, is provided in 13. Comments on Religious Group the facility temporarily and often have Section C.18. Comments on transitory Quarters a usual home elsewhere to return to locations not addressed in this section after treatment is completed. were considered out of scope for this Two comments were related to The residence guidance for people in document. religious group quarters. One adult group homes will not be revised commenter simply stated that they agree to allow some people to be counted at 10. Comments on Visitors on Census with the Census Bureau’s proposal a residence to which they are actively Day regarding how to count people in preparing to transition because people Two comments were related to religious group quarters. One must be counted at their current usual visitors on Census Day. One commenter commenter expressed agreement with residence, rather than a future usual simply stated that they agree with the the proposal because most religious residence. Comments on non- Census Bureau’s proposal regarding group quarters are long-term residences correctional adult group homes and how to count visitors on Census Day. that align with the concept of usual residential treatment centers not One commenter asked whether the residence. addressed in this section were Census Bureau would count all Census Bureau Response: For the considered out of scope for this vacationers in a specific state as 2020 Census, the Census Bureau will document. residents of that state. retain the proposed residence situation Census Bureau Response: For the 9. Comments on Transitory Locations guidance for religious group quarters 2020 Census, the Census Bureau will (Section C.20). Two comments were related to retain the proposed residence situation transitory locations. One commenter guidance for visitors on Census Day 14. Comments on Other Residence simply stated that they agree with the (Section C.2). People who are Situations Census Bureau’s proposal regarding temporarily visiting a location on There was one letter that included a how to count people in transitory Census Day will be counted where they comment on every residence situation, locations. One commenter stated that live and sleep most of the time. If they and each of those topic-specific the proposed residence guidance for do not have a usual residence to return comments was included as appropriate transitory locations is acceptable to, they will be counted where they are among the comments regarding the because it is consistent with the concept staying on Census Day. corresponding residence situations of usual residence. However, they were discussed above. However, for each of 11. Comments on People Who Live or concerned that the procedures used in the other residence situations not Stay in More Than One Place the 2010 Census may have caused already discussed above, the commenter certain types of people to not be Two comments were related to people stated that they agreed with how the counted in the census because these who live or stay in more than one place. Census Bureau proposed to count people typically move seasonally from One commenter simply stated that they people in the following residence one transitory location (e.g., RV park) to agree with the Census Bureau’s proposal situations. another throughout the year, but the regarding how to count people who live • People away from their usual location where they are staying on or stay in more than one place. One residence on Census Day (e.g., on Census Day may not be the location commenter suggested that the Census vacation or business trip) (Section C.1). where they spend most of the year. This Bureau add more clarification to the • People living outside the United commenter stated that, during the 2010 residence guidance regarding where States (Section C.4). Census, if the transitory location where ‘‘snowbirds’’ (i.e., seasonal residents) • People moving into or out of a a person was staying on Census Day was are counted. residence around Census Day (Section not where they stayed most of the time, Census Bureau Response: For the C.6). then they were not enumerated at that 2020 Census, the Census Bureau will • People who are born or who die location because the assumption was retain the proposed residence situation around Census Day (Section C.7). that they would be enumerated at their guidance for people who live or stay in • Relatives and nonrelatives (Section usual residence. Therefore, the more than one place (Section C.5). C.8). commenter was concerned that people People who travel seasonally between • Residential schools for people with who stayed in one RV park for a few residences (e.g., snowbirds) will be disabilities (Section C.9.b–c). months around Census Day were not counted at the residence where they live • Housing for older adults (Section counted at that RV park if they and sleep most of the time. If they C.12). indicated that they usually lived cannot determine a place where they • Stateside military personnel elsewhere (e.g., another RV park), and live most of the time, they will be (Section C.13.a–e). they would also not have been counted counted where they are staying on • Workers’ residential facilities at that other RV park when they are Census Day. (Section C.19). there later that year (after the census Census Bureau Response: For the enumeration period ends). The 12. Comments on Merchant Marine 2020 Census, the Census Bureau will commenter suggested that we add Personnel retain the proposed guidance for the procedures to account for people who Two comments were related to residence situations listed in this spend most of their time in a merchant marine personnel, and both section (B.14). combination of multiple transitory commenters simply stated that they 15. Comments on the Concept of Usual locations. agree with the Census Bureau’s proposal Residence or the General Residence Census Bureau Response: For the regarding how to count merchant Criteria 2020 Census, the Census Bureau will marine personnel. retain the proposed residence situation Census Bureau Response: For the There was one comment on the guidance for people in transitory 2020 Census, the Census Bureau will concept of usual residence, in which the locations (Section C.18). Sufficient retain the proposed residence situation commenter expressed agreement with

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the definition of ‘‘usual residence’’ as 1. People Away From Their Usual (b) People stationed or assigned being the place where a person lives and Residence on Census Day outside the United States on Census Day sleeps most of the time. People away from their usual who are military or civilian employees There were seven comments on the residence on Census Day, such as on a of the U.S. government, as well as their general residence criteria. One vacation or a business trip, visiting, dependents living with them outside the commenter simply supported the entire traveling outside the United States, or United States—Counted as part of the residence criteria and residence working elsewhere without a usual U.S. federally affiliated overseas situations documentation. Two residence there (for example, as a truck population, using administrative data provided by federal agencies. commenters stated that they specifically driver or traveling salesperson)— (c) People living outside the United agree with the three main principles of Counted at the residence where they States on Census Day who are not the residence criteria. One commenter live and sleep most of the time. disagreed with ‘‘this method of tallying military or civilian employees of the the U.S. population,’’ but did not refer 2. Visitors on Census Day U.S. government and are not dependents living with military or to any specific residence situation. One Visitors on Census Day—Counted at civilian employees of the U.S. commenter stated that every resident the residence where they live and sleep government—Not counted in the should be counted in the census. One most of the time. If they do not have a stateside census. commenter stated that every citizen usual residence to return to, they are should be counted in the census. One counted where they are staying on 5. People Who Live or Stay in More commenter suggested that the Census Census Day. Than One Place Bureau count people who are away from (a) People living away most of the their home at the time of the census 3. Foreign Citizens in the United States time while working, such as people who using a code to indicate the reason why (a) Citizens of foreign countries living live at a residence close to where they they are away (e.g., travel, work, in the United States—Counted at the work and return regularly to another incarceration, etc.). U.S. residence where they live and sleep residence—Counted at the residence Census Bureau Response: For the most of the time. where they live and sleep most of the 2020 Census, the Census Bureau will (b) Citizens of foreign countries living time. If they cannot determine a place retain the three main principles of the in the United States who are members where they live most of the time, they residence criteria (see introduction of the diplomatic community—Counted are counted where they are staying on portion of section C). The goal of the at the embassy, consulate, United Census Day. decennial census is to count all people Nations’ facility, or other residences (b) People who live or stay at two or who are living in the United States on where diplomats live. more residences (during the week, Census Day at their usual residence. (c) Citizens of foreign countries month, or year), such as people who Comments on the concept of usual visiting the United States, such as on a travel seasonally between residences residence or general residence criteria vacation or business trip—Not counted (for example, snowbirds)—Counted at not addressed in this section were in the census. the residence where they live and sleep considered out of scope for this 4. People Living Outside the United most of the time. If they cannot document. States determine a place where they live most 16. Other Comments of the time, they are counted where they (a) People deployed outside the are staying on Census Day. There were 18 comments that did not United States 9 on Census Day (while (c) Children in shared custody or directly address the residence criteria or stationed or assigned in the United other arrangements who live at more any particular residence situation. States) who are military or civilian than one residence—Counted at the Census Bureau Response: Comments employees of the U.S. government— residence where they live and sleep that did not directly address the Counted at the U.S. residence where most of the time. If they cannot residence criteria or any particular they live and sleep most of the time, determine a place where they live most residence situation are out of scope for using administrative data provided by of the time, they are counted where they this document. federal agencies.10 are staying on Census Day.

C. The Final 2020 Census Residence 9 In this document, ‘‘Outside the United States’’ 6. People Moving Into or Out of a Criteria and Residence Situations and ‘‘foreign port’’ are defined as being anywhere Residence Around Census Day outside the geographical area of the 50 United The Residence Criteria are used to States and the District of Columbia. Therefore, the (a) People who move into a new determine where people are counted Commonwealth of Puerto Rico, the U.S. Virgin residence on or before Census Day— during the 2020 Census. The Criteria Islands, the Pacific Island Areas (American Samoa, Counted at the new residence where say: Guam, and the Commonwealth of the Northern they are living on Census Day. • Mariana Islands), and all foreign countries are (b) People who move out of a Count people at their usual considered to be ‘‘outside the United States.’’ residence, which is the place where Conversely, ‘‘stateside,’’ ‘‘U.S. homeport,’’ and residence on Census Day and do not they live and sleep most of the time. ‘‘U.S. port’’ are defined as being anywhere in the move into a new residence until after • People in certain types of group 50 United States and the District of Columbia. Census Day—Counted at the old 10 Military and civilian employees of the U.S. facilities on Census Day are counted at residence where they were living on government who are deployed or stationed/assigned Census Day. the group facility. outside the United States (and their dependents (c) People who move out of a • People who do not have a usual living with them outside the United States) are residence before Census Day and do not residence, or who cannot determine a counted using administrative data provided by the Department of Defense and the other federal move into a new residence until after usual residence, are counted where they agencies that employ them. If they are deployed Census Day—Counted at the residence are on Census Day. outside the United States (while stationed/assigned where they are staying on Census Day. The following sections describe how in the United States), the administrative data are the Residence Criteria apply to certain used to count them at their usual residence in the United States. Otherwise, if they are stationed/ their dependents living with them outside the living situations for which people assigned outside the United States, the United States) in their home state for commonly request clarification. administrative data are used to count them (and apportionment purposes only.

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7. People Who Are Born or Who Die Counted at the residence where they United States—Not counted in the Around Census Day live and sleep most of the time. If they stateside census. (e) College students who are foreign (a) Babies born on or before Census cannot determine a place where they citizens living in the United States while Day—Counted at the residence where live most of the time, they are counted attending college in the United States they will live and sleep most of the where they are staying on Census Day. (i) Other nonrelatives, such as (living either on-campus or off- time, even if they are still in a hospital friends—Counted at the residence campus)—Counted at the on-campus or on Census Day. where they live and sleep most of the off-campus U.S. residence where they (b) Babies born after Census Day—Not time. If they cannot determine a place live and sleep most of the time. If they counted in the census. where they live most of the time, they are living in college/university student (c) People who die before Census are counted where they are staying on housing (such as dormitories or Day—Not counted in the census. residence halls) on Census Day, they are (d) People who die on or after Census Census Day. counted at the college/university Day—Counted at the residence where 9. People in Residential School-Related student housing. they were living and sleeping most of Facilities (f) Staff members living in college/ the time as of Census Day. (a) Boarding school students living university student housing (such as 8. Relatives and Nonrelatives away from their parents’ or guardians’ dormitories or residence halls) on home while attending boarding school (a) Babies and children of all ages, Census Day—Counted at the residence below the college level, including including biological, step, and adopted where they live and sleep most of the Bureau of Indian Affairs boarding children, as well as grandchildren— time. If they do not have a usual home schools—Counted at their parents’ or Counted at the residence where they elsewhere, they are counted at the guardians’ home. college/university student housing. live and sleep most of the time. If they (b) Students in residential schools for cannot determine a place where they people with disabilities on Census 11. People in Health Care Facilities live most of the time, they are counted Day—Counted at the school. (a) People in general or Veterans where they are staying on Census Day. (c) Staff members living at boarding Affairs hospitals (except psychiatric (Only count babies born on or before schools or residential schools for people units) on Census Day, including Census Day.) with disabilities on Census Day— newborn babies still in the hospital on (b) Foster children—Counted at the Counted at the residence where they Census Day—Counted at the residence residence where they live and sleep live and sleep most of the time. If they where they live and sleep most of the most of the time. If they cannot do not have a usual home elsewhere, time. Newborn babies are counted at the determine a place where they live most they are counted at the school. residence where they will live and sleep of the time, they are counted where they most of the time. If patients or staff are staying on Census Day. 10. College Students (and Staff Living in College Housing) members do not have a usual home (c) Spouses and close relatives, such elsewhere, they are counted at the as parents or siblings—Counted at the (a) College students living at their hospital. residence where they live and sleep parents’ or guardians’ home while (b) People in mental (psychiatric) most of the time. If they cannot attending college in the United States— hospitals and psychiatric units in other determine a place where they live most Counted at their parents’ or guardians’ hospitals (where the primary function is of the time, they are counted where they home. for long-term non-acute care) on Census are staying on Census Day. (b) College students living away from Day—Patients are counted at the (d) Extended relatives, such as their parents’ or guardians’ home while facility. Staff members are counted at grandparents, nieces/nephews, aunts/ attending college in the United States the residence where they live and sleep uncles, cousins, or in-laws—Counted at (living either on-campus or off- most of the time. If staff members do not the residence where they live and sleep campus)—Counted at the on-campus or have a usual home elsewhere, they are most of the time. If they cannot off-campus residence where they live counted at the facility. determine a place where they live most and sleep most of the time. If they are (c) People in assisted living of the time, they are counted where they living in college/university student facilities 11 where care is provided for are staying on Census Day. housing (such as dormitories or individuals who need help with the (e) Unmarried partners—Counted at residence halls) on Census Day, they are activities of daily living but do not need the residence where they live and sleep counted at the college/university the skilled medical care that is provided most of the time. If they cannot student housing. in a nursing home—Residents and staff determine a place where they live most (c) College students living away from members are counted at the residence of the time, they are counted where they their parents’ or guardians’ home while where they live and sleep most of the are staying on Census Day. attending college in the United States time. (f) Housemates or roommates— (living either on-campus or off-campus) (d) People in nursing facilities/skilled- Counted at the residence where they but staying at their parents’ or nursing facilities (which provide long- live and sleep most of the time. If they guardians’ home while on break or term non-acute care) on Census Day— cannot determine a place where they vacation—Counted at the on-campus or live most of the time, they are counted off-campus residence where they live 11 Nursing facilities/skilled-nursing facilities, in- where they are staying on Census Day. and sleep most of the time. If they are patient hospice facilities, assisted living facilities, (g) Roomers or boarders—Counted at living in college/university student and housing intended for older adults may coexist within the same entity or organization in some the residence where they live and sleep housing (such as dormitories or cases. For example, an assisted living facility may most of the time. If they cannot residence halls) on Census Day, they are have a skilled-nursing floor or wing that meets the determine a place where they live most counted at the college/university nursing facility criteria, which means that specific of the time, they are counted where they student housing. floor or wing is counted according to the guidelines (d) College students who are U.S. for nursing facilities/skilled-nursing facilities, while are staying on Census Day. the rest of the living quarters in that facility are (h) Live-in employees, such as citizens living outside the United States counted according to the guidelines for assisted caregivers or domestic workers— while attending college outside the living facilities.

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Patients are counted at the facility. Staff data provided by the Department of sleep most of the time. If staff members members are counted at the residence Defense. do not have a usual home elsewhere, where they live and sleep most of the (g) U.S. military personnel who are they are counted at the facility. time. If staff members do not have a stationed outside the United States and (c) People in federal detention centers usual home elsewhere, they are counted are living on or off a military on Census Day, such as Metropolitan at the facility. installation outside the United States on Correctional Centers, Metropolitan (e) People staying at in-patient Census Day, as well as their dependents Detention Centers, Bureau of Indian hospice facilities on Census Day— living with them outside the United Affairs Detention Centers, Immigration Counted at the residence where they States—Counted as part of the U.S. and Customs Enforcement (ICE) Service live and sleep most of the time. If federally affiliated overseas population, Processing Centers, and ICE contract patients or staff members do not have a using administrative data provided by detention facilities—Prisoners are usual home elsewhere, they are counted the Department of Defense. counted at the facility. Staff members at the facility. (h) U.S. military personnel assigned to are counted at the residence where they U.S. military vessels with a homeport live and sleep most of the time. If staff 12. People in Housing for Older Adults outside the United States on Census members do not have a usual home People in housing intended for older Day—Counted as part of the U.S. elsewhere, they are counted at the adults, such as active adult federally affiliated overseas population, facility. communities, independent living, senior using administrative data provided by (d) People in correctional residential apartments, or retirement the Department of Defense. facilities on Census Day, such as communities—Residents and staff halfway houses, restitution centers, and 14. Merchant Marine Personnel on U.S. members are counted at the residence prerelease, work release, and study Flag Maritime/Merchant Vessels where they live and sleep most of the centers—Residents are counted at the time. (a) Crews of U.S. flag maritime/ facility. Staff members are counted at merchant vessels docked in a U.S. port, 13. U.S. Military Personnel the residence where they live and sleep sailing from one U.S. port to another most of the time. If staff members do not (a) U.S. military personnel assigned to U.S. port, sailing from a U.S. port to a have a usual home elsewhere, they are military barracks/dormitories in the foreign port, or sailing from a foreign counted at the facility. United States on Census Day—Counted port to a U.S. port on Census Day— at the military barracks/dormitories. Counted at the onshore U.S. residence 16. People in Group Homes and (b) U.S. military personnel (and where they live and sleep most of the Residential Treatment Centers for dependents living with them) living in time. If they have no onshore U.S. Adults the United States (living either on base residence, they are counted at their (a) People in group homes intended or off base) who are not assigned to vessel. If the vessel is docked in a U.S. for adults (non-correctional) on Census barracks/dormitories on Census Day— port, sailing from a U.S. port to a foreign Day—Residents are counted at the Counted at the residence where they port, or sailing from a foreign port to a facility. Staff members are counted at live and sleep most of the time. U.S. port, crewmembers with no the residence where they live and sleep (c) U.S. military personnel assigned to onshore U.S. residence are counted at most of the time. If staff members do not U.S. military vessels with a U.S. the U.S. port. If the vessel is sailing from have a usual home elsewhere, they are homeport on Census Day—Counted at one U.S. port to another U.S. port, counted at the facility. the onshore U.S. residence where they crewmembers with no onshore U.S. (b) People in residential treatment live and sleep most of the time. If they residence are counted at the port of centers for adults (non-correctional) on have no onshore U.S. residence, they are departure. Census Day—Counted at the residence counted at their vessel’s homeport. (b) Crews of U.S. flag maritime/ where they live and sleep most of the (d) People who are active duty merchant vessels engaged in U.S. inland time. If residents or staff members do patients assigned to a military treatment waterway transportation on Census not have a usual home elsewhere, they facility in the United States on Census Day—Counted at the onshore U.S. are counted at the facility. Day—Patients are counted at the residence where they live and sleep 17. People in Juvenile Facilities facility. Staff members are counted at most of the time. the residence where they live and sleep (c) Crews of U.S. flag maritime/ (a) People in correctional facilities most of the time. If staff members do not merchant vessels docked in a foreign intended for juveniles on Census Day— have a usual home elsewhere, they are port or sailing from one foreign port to Juvenile residents are counted at the counted at the facility. another foreign port on Census Day— facility. Staff members are counted at (e) People in military disciplinary Not counted in the stateside census. the residence where they live and sleep barracks and jails in the United States most of the time. If staff members do not on Census Day—Prisoners are counted 15. People in Correctional Facilities for have a usual home elsewhere, they are at the facility. Staff members are Adults counted at the facility. counted at the residence where they live (a) People in federal and state prisons (b) People in group homes for and sleep most of the time. If staff on Census Day—Prisoners are counted juveniles (non-correctional) on Census members do not have a usual home at the facility. Staff members are Day—Juvenile residents are counted at elsewhere, they are counted at the counted at the residence where they live the facility. Staff members are counted facility. and sleep most of the time. If staff at the residence where they live and (f) U.S. military personnel who are members do not have a usual home sleep most of the time. If staff members deployed outside the United States elsewhere, they are counted at the do not have a usual home elsewhere, (while stationed in the United States) facility. they are counted at the facility. and are living on or off a military (b) People in local jails and other (c) People in residential treatment installation outside the United States on municipal confinement facilities on centers for juveniles (non-correctional) Census Day—Counted at the U.S. Census Day—Prisoners are counted at on Census Day—Counted at the residence where they live and sleep the facility. Staff members are counted residence where they live and sleep most of the time, using administrative at the residence where they live and most of the time. If juvenile residents or

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staff members do not have a usual home people experiencing homelessness— the Judge Advocate General, Department elsewhere, they are counted at the Counted at the residence where they of the Navy, 1322 Patterson Ave. SE, facility. live and sleep most of the time. If they Suite 3000, Washington Navy Yard, DC do not have a usual home elsewhere, 20374–5066, telephone 202–685–5040. 18. People in Transitory Locations they are counted at the soup kitchen or SUPPLEMENTARY INFORMATION: Pursuant People at transitory locations such as mobile food van location where they are to the authority granted in 33 U.S.C. recreational vehicle (RV) parks, on Census Day. 1605, the DoN amends 32 CFR part 706. campgrounds, hotels and motels, (e) People who, on Census Day, are at This amendment provides notice that hostels, marinas, racetracks, circuses, or targeted non-sheltered outdoor locations the DAJAG (Admiralty and Maritime carnivals—Anyone, including staff where people experiencing Law), under authority delegated by the members, staying at the transitory homelessness stay without paying— secretary of the Navy, has certified that location is counted at the residence Counted at the outdoor location where USS THOMAS HUDNER (DDG 116) is a where they live and sleep most of the they are on Census Day. vessel of the Navy which, due to its time. If they do not have a usual home (f) People who, on Census Day, are special construction and purpose, elsewhere, or they cannot determine a temporarily displaced or experiencing cannot fully comply with the following place where they live most of the time, homelessness and are staying in a specific provisions of 72 COLREGS they are counted at the transitory residence for a short or indefinite period without interfering with its special location. of time—Counted at the residence function as a naval ship: Annex I, paragraph 2(f)(i), pertaining to the 19. People in Workers’ Residential where they live and sleep most of the placement of the masthead light or Facilities time. If they cannot determine a place where they live most of the time, they lights above and clear of all other lights People in workers’ group living are counted where they are staying on and obstructions; Annex I, paragraph quarters and Job Corps Centers on Census Day. 2(f) (ii), pertaining to the vertical Census Day—Counted at the residence placement of task lights; Rule 23(a), the Dated: February 1, 2018. where they live and sleep most of the requirement to display a forward and aft time. If residents or staff members do Ron S. Jarmin, masthead light underway, and Annex I, not have a usual home elsewhere, they Associate Director for Economic Programs, paragraph 3(a), pertaining to the are counted at the facility. Performing the Non-Exclusive Functions and location of the forward masthead light Duties of the Director, Bureau of the Census. in the forward quarter of the ship, and 20. People in Religious-Related [FR Doc. 2018–02370 Filed 2–7–18; 8:45 am] Residential Facilities the horizontal distance between the BILLING CODE 3510–07–P forward and after masthead lights; and People in religious group quarters, Annex I, paragraph 3(c), pertaining to such as convents and monasteries, on placement of task lights not less than Census Day—Counted at the facility. DEPARTMENT OF DEFENSE two meters from the fore and aft centerline of the ship in the athwartship 21. People in Shelters and People Department of the Navy Experiencing Homelessness direction. The DAJAG (Admiralty and Maritime Law) has also certified that the (a) People in domestic violence 32 CFR Part 706 lights involved are located in closest shelters on Census Day—People staying possible compliance with the applicable at the shelter (who are not staff) are Certifications and Exemptions Under 72 COLREGS requirements. counted at the shelter. Staff members the International Regulations for Moreover, it has been determined, in are counted at the residence where they Preventing Collisions at Sea, 1972 accordance with 32 CFR parts 296 and live and sleep most of the time. If staff AGENCY: Department of the Navy, DoD. 701, that publication of this amendment members do not have a usual home for public comment prior to adoption is ACTION: Final rule. elsewhere, they are counted at the impracticable, unnecessary, and shelter. SUMMARY: The Department of the Navy contrary to public interest since it is (b) People who, on Census Day, are in (DoN) is amending its certifications and based on technical findings that the temporary group living quarters exemptions under the International placement of lights on this vessel in a established for victims of natural Regulations for Preventing Collisions at manner differently from that prescribed disasters—Anyone, including staff Sea, 1972 (72 COLREGS), to reflect that herein will adversely affect the vessel’s members, staying at the facility is the Deputy Assistant Judge Advocate ability to perform its military functions. counted at the residence where they live General (DAJAG) (Admiralty and and sleep most of the time. If they do List of Subjects in 32 CFR Part 706 Maritime Law) has determined that USS not have a usual home elsewhere, they Marine safety, Navigation (water), THOMAS HUDNER (DDG 116) is a are counted at the facility. Vessels. (c) People who, on Census Day, are in vessel of the Navy which, due to its special construction and purpose, For the reasons set forth in the emergency and transitional shelters with preamble, the DoN amends part 706 of sleeping facilities for people cannot fully comply with certain provisions of the 72 COLREGS without title 32 of the Code of Federal experiencing homelessness—People Regulations as follows: staying at the shelter (who are not staff) interfering with its special function as a are counted at the shelter. Staff naval ship . The intended effect of this PART 706—CERTIFICATIONS AND members are counted at the residence rule is to warn mariners in waters where EXEMPTIONS UNDER THE where they live and sleep most of the 72 COLREGS apply. INTERNATIONAL REGULATIONS FOR time. If staff members do not have a DATES: This rule is effective February 8, PREVENTING COLLISIONS AT SEA, usual home elsewhere, they are counted 2018 and is applicable beginning 1972 at the shelter. January 25, 2018. ■ (d) People who, on Census Day, are at FOR FURTHER INFORMATION CONTACT: 1. The authority citation for part 706 soup kitchens and regularly scheduled Lieutenant Commander Kyle Fralick, continues to read: mobile food vans that provide food to (Admiralty and Maritime Law), Office of Authority: 33 U.S.C. 1605.

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■ 2. Section 706.2 is amended by: ■ b . In Table Five, by adding, in alpha § 706 .2 Certifications of the Secretary of ■ a. In Table Four, paragraph 15, numerical order, by vessel number, an the Navy under Executive Order 11964 and adding, in alpha numerical order, by entry for USS THOMAS HUDNER (DDG 33 U.S.C. 1605. vessel number, an entry for USS 116). * * * * * THOMAS HUDNER (DDG 116); and The additions read as follows: 15. * * *

TABLE FOUR

Horizontal distance from the fore and aft center- Vessel Number line of the vessel in the athwartship direction

******* USS THOMAS HUDNER ...... DDG 115 ...... 1.81

*******

* * * * *

TABLE FIVE

Masthead lights Forward mast- After mast-head light less than 1⁄2 not over all other head light not in ship’s length aft of Percentage hori- Vessel Number lights and obstruc- forward quarter of forward masthead zontal separation tions. annex I, ship. annex I, sec. light. annex I, sec. attained sec. 2(f) 3(a) 3(a)

******* USS THOMAS HUDNER ...... DDG 116 ...... X X X 14.5

*******

Approved: January 25, 2018. monitored attainment of the 2006 24- Information (CBI) or other information A.S. Janin, hour fine particulate matter (PM2.5) the disclosure of which is restricted by Captain, USN, JAGC, Deputy Assistant Judge National Ambient Air Quality Standards statute. Certain other material, such as Advocate, General (Admiralty and Maritime (NAAQS) based on 2014–2016 data copyrighted material, is not placed on Law). available in the EPA’s Air Quality the internet and will be publicly [FR Doc. 2018–02554 Filed 2–7–18; 8:45 am] System (AQS) database. This available only in hard copy form. BILLING CODE 3810–FF–P determination will not constitute a Publicly available docket materials are redesignation to attainment. available either electronically through The EPA is also finalizing approval of https://www.regulations.gov or in hard ENVIRONMENTAL PROTECTION the revisions to Oregon’s State copy at the Air Planning Unit, Office of AGENCY Implementation Plan (SIP) consisting of Air and Waste, EPA Region 10, 1200 the updated Oakridge-Westfir PM2.5 Sixth Avenue, Seattle, WA, 98101. The 40 CFR Part 52 Attainment Plan (Oakridge Update) EPA requests that, if at all possible, you [EPA–R10–OAR–2017–0051; FRL–9974–16– submitted by the Oregon Department of contact the individual listed in the FOR Region 10] Environmental Quality (ODEQ) on FURTHER INFORMATION CONTACT section to January 20, 2017. The purpose of the view the hard copy of the docket. You Air Plan Approval; OR, Oakridge; PM2.5 Oakridge Update, developed by Lane may view the hard copy of the docket Moderate Plan, Finding of Attainment Regional Air Protection Agency Monday through Friday, 8:30 a.m. to and Clean Data Determination (LRAPA) in coordination with the 4:30 p.m., excluding federal holidays. ODEQ, is to provide an attainment AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: demonstration of the 2006 24-hour Agency (EPA). Christi Duboiski at (360) 753–9081, PM2.5 NAAQS and correct deficiencies ACTION: Final rule. [email protected] or by using the in the 2012 Oakridge Attainment Plan. above EPA, Region 10 address. DATES: This final rule is effective March SUMMARY: The Environmental Protection SUPPLEMENTARY INFORMATION: 12, 2018. Agency (EPA) is finalizing a finding of Throughout this document wherever attainment by the attainment date and a ADDRESSES: The EPA has established a ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is clean data determination (CDD) for the docket for this action under Docket ID intended to refer to the EPA. Oakridge-Westfir (Oakridge), Oregon No. EPA–R10–OAR–2017–0051. All fine particulate matter nonattainment documents in the docket are listed on Table of Contents area (Oakridge NAA). The finding is the https://www.regulations.gov I. Background Information based upon quality-assured, quality- website. Although listed in the index, II. Final Action controlled, and certified ambient air some information is not publicly III. Incorporation by Reference monitoring data showing the area has available, i.e., Confidential Business IV. Statutory and Executive Order Reviews

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I. Background Information under section 107(d)(3)(E) of the CAA, • The EPA is approving, and On October 21, 2016, the because the state must have an incorporating by reference, the Environmental Protection Agency (EPA) approved maintenance plan for the area following sections in the City of finalized a partial approval and partial as required under section 175A of the Oakridge Ordinance 920: Section 1 disapproval of the 2012 Oakridge CAA, and a determination that the area Definitions; Section 2(1) Curtailment; Attainment Plan (81 FR 72714) which has met the other requirements for Section 2(2) Prohibited materials; started a sanction clock for the redesignation in order to be Section 3 Solid Fuel Burning Devices imposition of offset sanctions and redesignated to attainment. The Upon Sale of the Property; Section 4 highway sanctions, 18 months and 24 designation status of the area will Solid Fuel Burning Devices Prohibited; months respectively, after the November remain nonattainment for the 2006 Section 5 Solid Fuel Burning Devices 21, 2016 effective date, pursuant to PM2.5 NAAQS until such time as the Exemptions; Section 7 Contingency section 179(a) of the Clean Air Act EPA determines that the area meets the Measures. CAA requirements for redesignation to (CAA) and our regulations at 40 CFR III. Incorporation by Reference 52.31. In addition to sanctions, the EPA attainment in CAA section 107(d)(3)(E). In this rule, the EPA is finalizing is required to promulgate a Federal II. Final Action Implementation Plan (FIP) no later than regulatory text that includes two years from the date of the finding The EPA is finalizing approval of the incorporation by reference. In following items: accordance with requirements of 1 CFR if the deficiency has not been corrected • within that time period. The determination that the 51.5, the EPA is finalizing the On January 20, 2017, Oregon Oakridge area attained the 2006 24-hour incorporation by reference of the Department of Environmental Quality PM2.5 NAAQS by the December 31, 2016 regulations described in the (ODEQ) submitted the Oakridge Update attainment date as demonstrated by amendments to 40 CFR part 52 set forth to correct the deficiencies identified in quality-assured and quality-controlled below. The EPA has made, and will the 2012 Oakridge Attainment Plan. On 2014–2016 ambient air monitoring data. continue to make, these materials • November 14, 2017, (82 FR 52683) the The Oakridge NAA achieved a generally available through https:// EPA proposed to approve the finding of clean data determination (CDD) in www.regulations.gov and at the EPA attainment by the attainment date, the accordance with the EPA’s clean data Region 10 Office (please contact the clean data determination (CDD) for the policy. person identified in the ‘‘For Further Oakridge-Westfir (Oakridge), Oregon • The Oakridge Update as meeting Information Contact’’ section of this fine particulate matter nonattainment the requirements of section 110(k) of the preamble for more information). area (Oakridge NAA), and the Oregon’s CAA. Specifically, the EPA has Therefore, these materials have been State Implementation Plan (SIP) determined the Oakridge Update meets approved by the EPA for inclusion in consisting of the updated Oakridge- the substantive statutory and regulatory the State implementation plan, have been incorporated by reference by the Westfir PM2.5 Attainment Plan requirements for base year and projected (Oakridge Update), which provided an emissions inventories for the EPA into that plan, are fully federally attainment demonstration of the 2006 nonattainment area, and an attainment enforceable under sections 110 and 113 of the CAA as of the effective date of the 24-hour fine particulate matter (PM2.5) demonstration with modeling analysis National Ambient Air Quality Standards and imposition of RACM/RACT level final rulemaking of the EPA’s approval, (NAAQS). An explanation of the CAA emission controls, RFP plan, QMs, and and will be incorporated by reference by attainment planning requirements, a contingency measures.1 The EPA is also the Director of the Federal Register in 2 detailed analysis of the submittal, and approving a comprehensive precursor the next update to the SIP compilation. the EPA’s reasons for proposing demonstration for VOCs, SO2, NOX, and IV. Statutory and Executive Order approval were provided in the notice of NH3 and the 2015 MVEB of 22.2 lb/day Reviews proposed rulemaking, and will not be for direct PM2.5. The EPA believes restated here. approval of these SIP elements corrects Under the CAA, the Administrator is The EPA believes the Oakridge deficiencies identified in our October required to approve a SIP submission Update corrects the deficiencies 21, 2016 partial approval and partial that complies with the provisions of the identified in our October 21, 2016, disapproval action that initiated Act and applicable federal regulations. partial approval and partial disapproval sanctions clocks (81 FR 72714). All 42 U.S.C. 7410(k); 40 CFR 52.02(a). action. Therefore, we are taking final sanctions and sanction clocks related to Thus, in reviewing SIP submissions, the action to make an attainment finding the partial disapproval of the 2012 EPA’s role is to approve state choices, and approve the Oakridge Update as Oakridge Attainment Plan will be provided that they meet the criteria of discussed in our notice of proposed permanently terminated on the effective the CAA. Accordingly, this action rulemaking, and all sanctions and date of the final approval of this action. merely approves state law as meeting sanction clocks related to the 2012 federal requirements and does not Oakridge Attainment Plan, partial 1 It is important to note, the 2016 Oakridge impose additional requirements beyond approval and partial disapproval action Update includes the complete 2012 Oakridge those imposed by state law. For that will be permanently terminated on the Attainment Plan which was previously partially reason, this action: approved, partially disapproved (81 FR 72714). In • effective date of this final approval. The this action, the EPA is taking no action on the Is not a ‘‘significant regulatory public comment period for the proposed following elements of 2012 Oakridge Attainment action’’ subject to review by the Office rule ended on December 14, 2017. The Plan included in Appendix 3 of the 2016 Oakridge of Management and Budget under Update; the 2012 Oakridge PM2.5 Attainment Plan Executive Orders 12866 (58 FR 51735, EPA received no comments on the and associated appendices F1, F6 and K. These proposal. elements are considered informational elements, October 4, 1993) and 13563 (76 FR 3821, Neither the finding of attainment by not essential for making decisions on the 2016 January 21, 2011); the attainment date nor CDD is Oakridge Update. On February 24, 2016, ODEQ • is not an Executive Order 13771 (82 equivalent to the redesignation of the withdrew appendices F2 and F3 from the Oakridge FR 9339, February 2, 2017) regulatory PM2.5 Attainment Plan submittal and clarified that area to attainment. This action does not they were provided for informational purposes constitute a redesignation to attainment only. 2 62 FR 27968 (May 22, 1997).

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action because SIP approvals are jurisdiction. In those areas of Indian List of Subjects in 40 CFR Part 52 exempted under Executive Order 12866; country, the rule does not have tribal • does not impose an information implications and it will not impose Environmental protection, Air collection burden under the provisions substantial direct costs on tribal pollution control, Incorporation by of the Paperwork Reduction Act (44 governments or preempt tribal law as reference, Nitrogen dioxide, Ozone, U.S.C. 3501 et seq.); specified by Executive Order 13175 (65 Particulate matter, Reporting and • is certified as not having a FR 67249, November 9, 2000). recordkeeping requirements, Sulfur oxides, Volatile organic compounds. significant economic impact on a The Congressional Review Act, 5 substantial number of small entities U.S.C. 801 et seq., as added by the Small Authority: 42 U.S.C. 7401 et seq. under the Regulatory Flexibility Act (5 Business Regulatory Enforcement Dated: January 25, 2018. U.S.C. 601 et seq.); Fairness Act of 1996, generally provides • does not contain any unfunded Chris Hladick, that before a rule may take effect, the mandate or significantly or uniquely Regional Administrator, Region 10. agency promulgating the rule must affect small governments, as described submit a rule report, which includes a in the Unfunded Mandates Reform Act For the reasons stated in the copy of the rule, to each House of the of 1995 (Pub. L. 104–4); preamble, 40 CFR part 52 is amended as • does not have Federalism Congress and to the Comptroller General follows: of the United States. The EPA will implications as specified in Executive PART 52—APPROVAL AND Order 13132 (64 FR 43255, August 10, submit a report containing this action and other required information to the PROMULGATION OF 1999); IMPLEMENTATION PLANS • is not an economically significant U.S. Senate, the U.S. House of regulatory action based on health or Representatives, and the Comptroller ■ safety risks subject to Executive Order General of the United States prior to 1. The authority citation for part 52 13045 (62 FR 19885, April 23, 1997); publication of the rule in the Federal continues to read as follows: • is not a significant regulatory action Register. A major rule cannot take effect Authority: 42 U.S.C. 7401 et seq. subject to Executive Order 13211 (66 FR until 60 days after it is published in the 28355, May 22, 2001); Federal Register. This action is not a Subpart MM—Oregon • is not subject to requirements of ‘‘major rule’’ as defined by 5 U.S.C. Section 12(d) of the National 804(2). ■ 2. Section 52.1970 is amended: Technology Transfer and Advancement Under section 307(b)(1) of the Clean ■ a. In paragraph (c), ‘‘Table 3–EPA Act of 1995 (15 U.S.C. 272 note) because Air Act, petitions for judicial review of Approved City and County Ordinances’’ application of those requirements would this action must be filed in the United by adding an entry ‘‘City of Oakridge be inconsistent with the Clean Air Act; States Court of Appeals for the Ordinance No. 920’’ at the end of the and appropriate circuit by April 9, 2018. table; and • does not provide the EPA with the Filing a petition for reconsideration by ■ discretionary authority to address, as the Administrator of this final rule does b. In paragraph (e), table entitled, appropriate, disproportionate human not affect the finality of this action for ‘‘State of Oregon Air Quality Control health or environmental effects, using the purposes of judicial review nor does Program’’ by adding under ‘‘Section 4’’, practicable and legally permissible it extend the time within which a two entries ‘‘4.66’’ and ‘‘4.67’’ in methods, under Executive Order 12898 petition for judicial review may be filed, numerical order. (59 FR 7629, February 16, 1994). and shall not postpone the effectiveness The additions read as follows: The SIP is not approved to apply on any of such rule or action. This action may § 52.1970 Identification of plan. Indian reservation land or in any other not be challenged later in proceedings to area where the EPA or an Indian tribe enforce its requirements. (See section * * * * * has demonstrated that a tribe has 307(b)(2)). (c) * * *

TABLE 3—EPA APPROVED CITY AND COUNTY ORDINANCES

Agency and ordinance Title or subject Date EPA approval date Explanation

******* City of Oakridge Ordi- An Ordinance Amending Section 7 of Ordi- 11/10/2016 2/8/2018, [Insert Fed- Oakridge PMÐ2.5 At- nance No. 920. nance 914 and Adopting New Standards for eral Register cita- tainment Plan. the Oakridge Air Pollution Control Program. tion]. Only with respect to Sections 1, 2(1), 2(2), 3, 4, 5 and 7.

* * * * * (e) ** *

STATE OF OREGON AIR QUALITY CONTROL PROGRAM

SIP citation Title/subject State effective date EPA approval date Explanation

******* 4.66, 12/06/2012 10/21/2016, 81 FR 72714 ...... 4.66 2012 Oakridge-Westfir PM2.5 Attainment Plan.

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STATE OF OREGON AIR QUALITY CONTROL PROGRAM—Continued

SIP citation Title/subject State effective date EPA approval date Explanation

4.67, 1/20/2017 2/8/2018, [Insert Federal Reg- 4.67 Updated Oakridge-Westfir ister citation]. PM2.5 Attainment Plan.

*******

* * * * * Number EPA–R03–OAR–2016–0574. All state had the option to submit a CAIR [FR Doc. 2018–02465 Filed 2–7–18; 8:45 am] documents in the docket are listed on SIP revision that expanded applicability BILLING CODE 6560–50–P the http://www.regulations.govwebsite. to include certain non-EGUs that Although listed in the index, some formerly participated in the NOX Budget information is not publicly available, Trading Program under the NOX SIP ENVIRONMENTAL PROTECTION e.g., confidential business information Call.1 West Virginia submitted, and EPA AGENCY (CBI) or other information whose approved, a CAIR SIP revision based on disclosure is restricted by statute. the model state rules establishing CAIR 40 CFR Part 52 Certain other material, such as state trading programs for annual SO2, [EPA–R03–OAR–2016–0574; FRL–9974–12– copyrighted material, is not placed on annual NOX, and ozone season NOX Region 3] the internet and will be publicly emissions, with certain non-EGUs available only in hard copy form. included in the state’s CAIR ozone Approval and Promulgation of Air Publicly available docket materials are season NOX trading program. See 74 FR Quality Implementation Plans; West available through http:// 38536 (August 4, 2009). Virginia; Removal of Clean Air www.regulations.gov, or please contact The United States Court of Appeals Interstate Rule Trading Programs the person identified in the FOR FURTHER for the District of Columbia Circuit (D.C. Replaced by Cross-State Air Pollution INFORMATION CONTACT section for Circuit) initially vacated CAIR in 2008, Rule Trading Programs additional availability information. but ultimately remanded the rule to EPA without vacatur to preserve the AGENCY: FOR FURTHER INFORMATION CONTACT: Environmental Protection environmental benefits provided by Marilyn Powers, (215) 814–2308, or by Agency (EPA). CAIR. North Carolina v. EPA, 550 F.3d email at [email protected]. ACTION: Final rule. 1176 (Dec. 23, 2008). The ruling allowed SUPPLEMENTARY INFORMATION: CAIR to remain in effect temporarily SUMMARY: The Environmental Protection until a replacement rule consistent with Agency (EPA) is approving state I. Background the Court’s opinion was developed. implementation plan (SIP) revisions In 2005, EPA promulgated CAIR (70 While EPA worked on developing a submitted by the State of West Virginia. FR 25162, May 12, 2005) to address replacement rule, the CAIR program These revisions pertain to two West transported emissions that significantly continued as planned with the NO Virginia regulations that established X contributed to downwind states’ annual and ozone season programs trading programs under the Clean Air nonattainment and interfered with beginning in 2009 and the SO annual Interstate Rule (CAIR). The EPA- 2 maintenance of the 1997 ozone and fine program beginning in 2010. administered trading programs under particulate matter (PM2.5) national On August 8, 2011 (76 FR 48208), CAIR were discontinued on December ambient air quality standards (NAAQS). acting on the D.C. Circuit’s remand, EPA 31, 2014 upon the implementation of CAIR required 28 states, including West promulgated CSAPR to replace CAIR in the Cross-State Air Pollution Rule Virginia, to revise their SIPs to reduce order to address the interstate transport (CSAPR), which was promulgated by emissions of NOX and SO2, precursors of emissions contributing to EPA to replace CAIR. CSAPR to the formation of ambient ozone and nonattainment and interfering with established federal trading programs for PM2.5. Under CAIR, EPA provided maintenance of the two air quality sources in multiple states, including model state rules for separate cap and standards covered by CAIR as well as West Virginia, that replace the CAIR trade programs for annual NOX, ozone the 2006 PM2.5 NAAQS. CSAPR state and federal trading programs. The season NOX, and annual SO2. The required EGUs in affected states, submitted SIP revisions request removal annual NOX and annual SO2 trading including West Virginia, to participate of state regulations that implemented programs were designed to address in federal trading programs to reduce the CAIR annual nitrogen oxide (NOX) transported PM2.5 pollution, while the annual SO2, annual NOX, and/or ozone and annual sulfur dioxide (SO2) trading ozone season NOX trading program was season NOX emissions. The rule also programs from the West Virginia SIP (as designed to address transported ozone contained provisions that would sunset CSAPR has replaced CAIR). EPA is pollution. EPA also promulgated CAIR CAIR-related obligations on a schedule approving these SIP revisions in federal implementation plans (FIPs) coordinated with the implementation of accordance with the requirements of the with CAIR federal trading programs that the CSAPR compliance requirements. Clean Air Act (CAA). West Virginia’s would address each state’s CAIR CSAPR was to become effective January SIP revision submittal requesting requirements in the event that a CAIR 1, 2012; however, the timing of CSAPR’s removal of a state regulation that SIP for the state was not submitted or implementation was impacted by a implemented the CAIR ozone season approved (71 FR 25328, April 28, 2006). number of court actions. Numerous NOX trading program will be addressed Generally, both the model state rules in a separate action. and the federal trading program rules 1 In October 1998, EPA finalized the ‘‘Finding of DATES: This final rule is effective on applied only to electric generating units Significant Contribution and Rulemaking for March 12, 2018. Certain States in the Ozone Transport Assessment (EGUs), but in the case of the model Group Region for Purposes of Reducing Regional ADDRESSES: EPA has established a state rule and federal trading program Transport of Ozone’’—commonly called the NOX docket for this action under Docket ID for ozone season NOX emissions, each SIP Call. See 63 FR 57356 (October 27, 1998).

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parties filed petitions for review of after 2016, in the original CSAPR ozone annual NOX and annual SO2 trading CSAPR in the D.C. Circuit, and on season NOX trading program, which had programs. As noted previously, the December 30, 2011, the D.C. Circuit addressed the state’s transport CAIR annual NOX and SO2 reduction stayed CSAPR prior to its obligations with respect to the 1997 programs addressed interstate transport implementation and ordered EPA to ozone NAAQS and required the state’s of emissions for the 1997 PM2.5 NAAQS. continue administering CAIR on an EGUs to participate starting in 2017 in The D.C. Circuit remanded CAIR to EPA interim basis. On August 21, 2012, the a new CSAPR ozone season NOX trading for replacement, and in response EPA court issued its ruling, vacating and program to address (in part) the state’s promulgated CSAPR which, among remanding CSAPR to EPA and ordering transport obligations with respect to the other things, fully addresses West continued implementation of CAIR. 2008 ozone NAAQS. Virginia’s interstate transport EME Homer City Generation, L.P. v. As noted above, starting in January obligations with regard to the 1997 EPA, 696 F.3d 7, 38 (D.C. Cir. 2012). The 2015, the CSAPR federal trading PM2.5 NAAQS. See 76 FR at 48210. D.C. Circuit’s vacatur of CSAPR was programs for annual NOX, ozone season Once the transport obligations formerly reversed by the United States Supreme NOX and annual SO2 were applicable in addressed through the CAIR trading Court on April 29, 2014, and the case West Virginia. Thus, since January 1, programs began to be addressed through was remanded to the D.C. Circuit to 2015, EPA has not administered the implementation of the CSAPR trading resolve remaining issues in accordance CAIR state trading programs for annual programs in January 2015, EPA stopped with the Supreme Court’s ruling. EPA v. NOX, ozone season NOX, or annual SO2 administering the CAIR trading EME Homer City Generation, L.P., 134 S. emissions established by the West programs, including West Virginia’s Ct. 1584 (2014). On remand, the D.C. Virginia regulations. state CAIR annual NOX and SO2 Circuit affirmed CSAPR in most respects On July 13, 2016, the State of West programs created by 45CSR39 and but remanded certain state emissions Virginia, through the West Virginia 45CSR41. Consequently, these two state budgets, including the Phase 2 ozone Department of Environmental Protection rules no longer play any role in season NOX budget for West Virginia. (WVDEP), submitted three SIP revisions remedying the transport obligation that EME Homer City Generation, L.P. v. requesting EPA to remove from its SIP the state adopted them to address, EPA, 795 F.3d 118, 138 (D.C. Cir. 2015). three regulations that implemented the which is now being met through other Throughout the initial round of D.C. CAIR state trading programs: Regulation rules. Further, these two state rules do Circuit proceedings and the ensuing 45CSR39—Control of Annual Nitrogen not serve any other purpose (such as Supreme Court proceedings, the stay on Oxides Emissions, Regulation helping to address requirements for CSAPR remained in place, and EPA 45CSR40—Control of Ozone Season certain non-EGUs under the NOX SIP continued to implement CAIR. Nitrogen Oxides Emissions, and Call). Therefore, EPA determines it is Following the April 2014 Supreme Regulation 45CSR41—Control of appropriate for these two state Court decision, EPA filed a motion Annual Sulfur Dioxide Emissions. On regulations implementing CAIR to be asking the D.C. Circuit to lift the stay in September 25, 2017 (41 FR 44525), EPA removed in their entirety from the West order to allow CSAPR to replace CAIR published a direct final rulemaking Virginia SIP. in an equitable and orderly manner notice (DFRN) for the State of West while further D.C. Circuit proceedings Virginia. In the DFRN, EPA approved III. Public Comments and EPA were held to resolve remaining claims the West Virginia SIP submittals Responses from petitioners. requesting removal of Regulation One commenter submitted two Additionally, EPA’s motion requested 45CSR39 and Regulation 45CSR41 from comments on the proposed approval of delay, by three years, of all CSAPR the West Virginia SIP, and explained WVDEP’s July 13, 2016 submittals compliance deadlines that had not that it would take separate action on requesting removal of Regulations passed as of the approval date of the Regulation 45CSR40 at a future date. On 45CSR39 and 45CSR41 from the West stay. On October 23, 2014, the D.C. the same date (41 FR 44544), EPA Virginia SIP. Circuit granted EPA’s request, and on published a notice of proposed Comment 1: The commenter stated December 3, 2014 (79 FR 71663), in an rulemaking (NPR) for the removal that EPA can only remove the CAIR interim final rule, EPA set the updated action. EPA published the DFRN NOX annual and SO2 annual trading effective date of CSAPR as January 1, without prior proposal because the programs at the same time as the NOX 2015 and delayed the implementation of Agency viewed the submittals as ozone season program, and EPA cannot CSAPR Phase I to 2015 and CSAPR noncontroversial and anticipated no remove two of the three programs Phase 2 to 2017. In accordance with the adverse comments. EPA explained that without adequately explaining why interim final rule, EPA stopped if adverse comments were received these programs can be removed administering the CAIR state and federal during the comment period, the DFRN separately. trading programs with respect to would be withdrawn and all public EPA Response to Comment 1: West emissions occurring after December 31, comments received would be addressed Virginia’s regulations that implemented 2014, and EPA began implementing in a subsequent final rule based on the the CAIR trading programs were CSAPR on January 1, 2015.2 September 25, 2017 proposed rule. EPA established in three separate In October 2016, EPA promulgated received an adverse comment, and on regulations: Regulation 45CSR39— the CSAPR Update (81 FR 74504, Oct. December 12, 2017 (82 FR 58341), Control of Annual Nitrogen Oxides 26, 2016). In the CSAPR Update, EPA withdrew the DFRN. Emissions, Regulation 45CSR40— responded to the remand of West Control of Ozone Season Nitrogen II. Summary of SIP Revision and EPA Virginia’s Phase 2 ozone season NOX Oxides Emissions, and Regulation budget by withdrawing the requirement Analysis 45CSR41—Control of Annual Sulfur for West Virginia EGUs to participate, WVDEP submitted two SIP revisions Dioxide Emissions. These regulations on July 13, 2016 that requested the were designed to allow West Virginia to 2 EPA solicited comment on the interim final rule removal from the West Virginia SIP of participate in the regional trading and subsequently issued a final rule affirming the the State’s regulations (45CSR39 and programs administered by EPA to meet amended compliance schedule after consideration of comments received. 81 FR 13275 (March 14, 45CSR41) which implemented the requirements of CAIR. The regional 2016). respectively West Virginia’s state CAIR trading programs under CAIR were

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separate trading programs for annual V. Statutory and Executive Order does not have tribal implications as NOX, ozone season NOX, and annual Reviews specified by Executive Order 13175 (65 SO2, and affected states had the A. General Requirements FR 67249, November 9, 2000), because flexibility to participate in one or more the SIP is not approved to apply in of the trading programs. Adoption of Under the CAA, the Administrator is Indian country located in the state, and one of the trading programs in a SIP was required to approve a SIP submission EPA notes that it will not impose not dependent on adoption of any of the that complies with the provisions of the substantial direct costs on tribal other trading programs into the state’s CAA and applicable federal regulations. governments or preempt tribal law. 42 U.S.C. 7410(k); 40 CFR 52.02(a). SIP, and each is therefore severable from Thus, in reviewing SIP submissions, B. Submission to Congress and the one another. West Virginia submitted EPA’s role is to approve state choices, Comptroller General three stand-alone SIP submittals on July provided that they meet the criteria of 13, 2016, each submittal requesting the CAA. Accordingly, this action The Congressional Review Act, 5 removal of one of the three CAIR merely approves state law as meeting U.S.C. 801 et seq., as added by the Small regulations from the West Virginia SIP. federal requirements and does not Business Regulatory Enforcement As these were three separate submittals impose additional requirements beyond Fairness Act of 1996, generally provides to remove separate state regulations for those imposed by state law. For that that before a rule may take effect, the separate regional trading programs, EPA reason, this action: agency promulgating the rule must can take independent action on each of • Is not a ‘‘significant regulatory submit a rule report, which includes a the submittals in accordance with action’’ subject to review by the Office copy of the rule, to each House of the section 110 of the CAA. The commenter of Management and Budget under Congress and to the Comptroller General has not cited any authority that Executive Orders 12866 (58 FR 51735, of the United States. EPA will submit a precludes EPA from taking such October 4, 1993) and 13563 (76 FR 3821, report containing this action and other independent actions, or any harm that January 21, 2011); • required information to the U.S. Senate, would arise from EPA’s approval of Is not an Executive Order 13771 (82 the U.S. House of Representatives, and FR 9339, February 2, 2017) regulatory West Virginia’s of the CAIR NOX annual the Comptroller General of the United action because SIP approvals are and SO2 annual trading programs States prior to publication of the rule in exempted under Executive Order 12866. separate from the NOX ozone season • the Federal Register. A major rule trading program. Does not impose an information collection burden under the provisions cannot take effect until 60 days after it Comment 2: The commenter also of the Paperwork Reduction Act (44 is published in the Federal Register. stated that EPA cannot simply say that U.S.C. 3501 et seq.); This action is not a ‘‘major rule’’ as the removals are in accordance with • Is certified as not having a defined by 5 U.S.C. 804(2). section 110(l) of the CAA, but needs to significant economic impact on a C. Petitions for Judicial Review explain how the removals meet the substantial number of small entities section 110(l) requirements. under the Regulatory Flexibility Act (5 Under section 307(b)(1) of the CAA, U.S.C. 601 et seq.); petitions for judicial review of this EPA Response to Comment 2: • Regarding the commenter’s concerns Does not contain any unfunded action must be filed in the United States mandate or significantly or uniquely with respect to the requirements of CAA Court of Appeals for the appropriate affect small governments, as described section 110(l), as noted previously in circuit by April 9, 2018. Filing a petition in the Unfunded Mandates Reform Act this rulemaking and in the DFRN, EPA for reconsideration by the Administrator of 1995 (Pub. L. 104–4); of this final rule does not affect the is no longer administering the CAIR • Does not have federalism finality of this action for the purposes of trading programs for annual NOX and implications as specified in Executive judicial review nor does it extend the SO2, including West Virginia’s State Order 13132 (64 FR 43255, August 10, CAIR programs created by 40CSR39 and 1999); time within which a petition for judicial 40CSR41. Because the State CAIR • Is not an economically significant review may be filed, and shall not trading programs created by these rules regulatory action based on health or postpone the effectiveness of such rule are no longer being implemented, and safety risks subject to Executive Order or action. because the rules serve no other 13045 (62 FR 19885, April 23, 1997); This action removing West Virginia purpose, removal of the rules from the • Is not a significant regulatory action regulations 45CSR39 and 45CSR41 may SIP does not interfere with any subject to Executive Order 13211 (66 FR not be challenged later in proceedings to applicable requirement concerning 28355, May 22, 2001); enforce its requirements. (See section • attainment or any other requirement of Is not subject to requirements of 307(b)(2)). the CAA. section 12(d) of the National Technology Transfer and Advancement List of Subjects in 40 CFR Part 52 IV. Final Action Act of 1995 (15 U.S.C. 272 note) because application of those requirements would Environmental protection, Air EPA is approving the two July 13, be inconsistent with the CAA; and pollution control, Incorporation by 2016 West Virginia SIP revision • Does not provide EPA with the reference, Nitrogen dioxide, Ozone, submissions which seek removal from discretionary authority to address, as Particulate matter, Reporting and the West Virginia SIP of Regulation appropriate, disproportionate human recordkeeping requirements, Sulfur 45CSR39 that implemented the CAIR health or environmental effects, using oxides. annual NO trading program and X practicable and legally permissible Dated: January 25, 2018. Regulation 45CSR41 that implemented methods, under Executive Order 12898 Cosmo Servidio, the CAIR annual SO2 trading program. (59 FR 7629, February 16, 1994). Removal of these two regulations from In addition, this rule removing West Regional Administrator, Region III. the West Virginia SIP is in accordance Virginia regulations 45CSR39 and 40 CFR part 52 is amended as follows: with section 110 of the CAA. 45CSR41 from the West Virginia SIP

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PART 52—APPROVAL AND 02), Office of Air Quality Planning and contained in the May 1995 Seitz PROMULGATION OF Standards, U.S. Environmental Memorandum. IMPLEMENTATION PLANS Protection Agency, Research Triangle The EPA anticipates that it will soon Park, North Carolina 27711, telephone publish a Federal Register document to ■ 1. The authority citation for part 52 number: (919) 541–4347 or (919) 541– take comment on adding regulatory text continues to read as follows: 2443, respectively; and email address: that will reflect EPA’s plain language Authority: 42 U.S.C. 7401 et seq. [email protected] or reading of the statute as discussed in [email protected], respectively. this memorandum. Subpart XX—West Virginia SUPPLEMENTARY INFORMATION: On Dated: January 25, 2018. § 52.2520 [Amended] January 25, 2018, the EPA issued a Panagiotis E. Tsirigotis, ■ guidance memorandum that addresses Director, Office of Air Quality Planning and 2. In § 52.2520, the table in paragraph Standards. (c) is amended by: the question of when a major source [FR Doc. 2018–02331 Filed 2–7–18; 8:45 am] ■ a. Removing the table heading ‘‘[45 subject to a maximum achievable CSR] Series 39 Control of Annual control technology (MACT) standard BILLING CODE 6560–50–P Nitrogen Oxide Emissions to Mitigate under CAA section 112 may be Interstate Transport of Fine Particulate reclassified as an area source, and Matter and Nitrogen Oxides’’ and the thereby avoid being subject thereafter to FEDERAL COMMUNICATIONS entries ‘‘Section 45–39–1’’ through major source MACT and other COMMISSION ‘‘Section 45–39–90’’; requirements applicable to major 47 CFR Parts 27, 54, 73, 74, and 76 ■ b. Removing the table heading ‘‘[45 sources under CAA section 112. As is explained in the memorandum, the CSR] Series 41 Control of Annual Sulfur [MB Docket No. 17–105; FCC 18–3] Dioxides Emissions’’ and the entries plain language of the definitions of ‘‘Section 45–41–1’’ through ‘‘Section ‘‘major source’’ in CAA section 112(a)(1) Deletion of Rules Made Obsolete by 45–41–90’’. and of ‘‘area source’’ in CAA section the Digital Television Transition 112(a)(2) compels the conclusion that a [FR Doc. 2018–02463 Filed 2–7–18; 8:45 am] major source becomes an area source at AGENCY: Federal Communications BILLING CODE 6560–50–P such time that the source takes an Commission. enforceable limit on its potential to emit ACTION: Final rule. (PTE) hazardous air pollutants (HAP) ENVIRONMENTAL PROTECTION below the major source thresholds (i.e., SUMMARY: In this document, the Federal AGENCY 10 tons per year (tpy) of any single HAP Communications Commission (Commission) eliminates rules that have 40 CFR Part 63 or 25 tpy of any combination of HAP). In such circumstances, a source that was been made obsolete by the digital [FRL–9973–51–OAR] previously classified as major, and television transition. which so limits its PTE, will no longer DATES: These rule revisions are effective RIN 2060–AM75 be subject either to the major source on February 8, 2018. Issuance of Guidance Memorandum, MACT or other major source FOR FURTHER INFORMATION CONTACT: For ‘‘Reclassification of Major Sources as requirements that were applicable to it additional information on this Area Sources Under Section 112 of the as a major source under CAA section proceeding, contact Raelynn Remy of Clean Air Act’’ 112. the Policy Division, Media Bureau at A prior EPA guidance memorandum [email protected], or (202) 418– AGENCY: Environmental Protection had taken a different position. See 2120. Agency (EPA). Potential to Emit for MACT Standards— SUPPLEMENTARY INFORMATION: This is a ACTION: Issuance and withdrawal of Guidance on Timing Issues.’’ John Seitz, summary of the Commission’s Report guidance memorandums. Director, Office of Air Quality Planning and Order (Order), FCC 18–3, adopted and Standards, U.S. Environmental SUMMARY: The Environmental Protection and released on January 24, 2018. The Protection Agency, (May 16, 1995) (the Agency (EPA) is notifying the public full text is available for public ‘‘May 1995 Seitz Memorandum’’). The that it has issued the guidance inspection and copying during regular May 1995 Seitz Memorandum set forth memorandum titled ‘‘Reclassification of business hours in the FCC Reference a policy, commonly known as ‘‘once in, Major Sources as Area Sources Under Center, Federal Communications always in’’ (the ‘‘OIAI policy’’), under Section 112 of the Clean Air Act’’. The Commission, 445 12th Street SW, Room which ‘‘facilities may switch to area EPA is also withdrawing the CY–A257, Washington, DC 20554. This source status at any time until the ‘first memorandum titled ‘‘Potential to Emit document will also be available via compliance date’ of the standard,’’ with for MACT Standards—Guidance on ECFS at https://apps.fcc.gov/edocs_ ‘‘first compliance date’’ being defined to Timing Issues.’’ public/attachmatch/FCC-18-3A1.docx. mean the ‘‘first date a source must DATES: Effective on February 8, 2018. Documents will be available comply with an emission limitation or electronically in ASCII, Microsoft Word, ADDRESSES: You may view this guidance other substantive regulatory and/or Adobe Acrobat. The complete memorandum electronically at: https:// requirement.’’ May 1995 Seitz text may be purchased from the www.epa.gov/stationary-sources-air- Memorandum at 5. Thereafter, under Commission’s copy contractor, 445 12th pollution/reclassification-major- the OIAI policy, ‘‘facilities that are Street SW, Room CY–B402, Washington, sources-area-sources-under-section-112- major sources for HAP on the ‘first DC 20554. Alternative formats are clean. compliance date’ are required to comply available for people with disabilities FOR FURTHER INFORMATION CONTACT: Ms. permanently with the MACT standard.’’ (Braille, large print, electronic files, Elineth Torres or Ms. Debra Dalcher, Id. at 9. audio format), by sending an email to Policy and Strategies Group, Sector The guidance signed on January 25, [email protected] or calling the Policies and Programs Division (D205– 2018, supersedes that which was Commission’s Consumer and

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Governmental Affairs Bureau at (202) Allotments and is the ‘‘successor Commission amends 47 CFR parts 27, 418–0530 (voice), (202) 418–0432 regulation’’ to § 73.606.3 54, 73, 74, and 76 as follows: (TTY). 4. The rule revisions adopted in this Order are non-substantive, editorial PART 27—MISCELLANEOUS Paperwork Reduction Act of 1995 revisions. Because these revisions WIRELESS COMMUNICATIONS Analysis merely eliminate provisions that are no SERVICES This document does not contain new longer effective and thus obsolete, we ■ 1. The authority citation for part 27 or modified information collection find good cause to conclude that notice continues to read as follows: requirements subject to the Paperwork and comment procedures are Reduction Act of 1995 (PRA). In unnecessary and would not serve any Authority: 47 U.S.C. 154, 301, 302a, 303, addition, therefore, it does not contain useful purpose. For the same reason, 307, 309, 332, 336, 337, 1403, 1404, 1451, any new or modified information and to expedite the elimination of such and 1452, unless otherwise noted. collection burden for small business obsolete references for the benefit of the § 27.20 [Removed] concerns with fewer than 25 employees, public, we find good cause to make ■ 2. Remove § 27.20. pursuant to the Small Business these rule revisions effective upon publication in the Federal Register. Paperwork Relief Act of 2002. PART 54—UNIVERSAL SERVICE 5. Because these rule changes do not Synopsis require notice and comment, the ■ 3. The authority citation for part 54 1. In this Order, we make non- Regulatory Flexibility Act does not continues to read as follows: apply. substantive, editorial revisions to parts Authority: 47 U.S.C. 151, 154(i), 155, 201, 27, 54, 73, 74, and 76 of the 6. The Commission will send a copy of the Order in a report to Congress and 205, 214, 219, 220, 254, 303(r), 403, and 1302 Commission’s rules as part of our unless otherwise noted. continuing efforts to modernize our the Government Accountability Office media regulations and eliminate pursuant to the Congressional Review § 54.418 [Removed] Act. unnecessary rules.1 These revisions ■ 4. Remove § 54.418. 7. Accordingly, it is ordered that, delete rule provisions that are without effective upon publication in the current legal effect and are therefore PART 73—RADIO BROADCAST 2 Federal Register, parts 27, 54, 73, 74, SERVICES obsolete. and 76 of the Commission’s rules are 2. We delete rules that impose amended pursuant to the authority ■ 5. The authority citation for part 73 consumer notification and station contained in sections 4(i) and 303(r) of continues to read as follows: interference protection obligations the Communications Act of 1934, as relating to the analog-to-digital Authority: 47 U.S.C. 154, 303, 309, 310, amended, 47 U.S.C. 154(i), 303(r) and in 334, 336, and 339. transition for full power television sections 553(b)(3)(B) and 553(d)(3) of ■ broadcast stations (DTV transition), the Administrative Procedure Act, 5 6. Revise § 73.606 to read as follows: which concluded on June 12, 2009. In U.S.C. 553(b)(3)(B), 553(d)(3). § 73.606 Table of allotments. particular, we delete §§ 27.20, 54.418, 73.616(a) and the accompanying Note, List of Subjects The table of allotments set forth in § 73.622(i) contains the channels 73.674, 73.3526(e)(11)(iv), 47 CFR Parts 27 and 54 73.3527(e)(13) and 76.1630 of the designated for the listed communities in Commission’s rules, which are without Communications, Communications the United States, its Territories, and common carriers, Telecommunications. current legal effect and obsolete. We possessions. Channels designated with also delete the Note to § 73.625(a)(1), 47 CFR Parts 73 and 74 an asterisk are assigned for use by noncommercial educational broadcast which sets forth outdated DTV principal Communications, Television. community coverage minimum field stations only. strength requirements applicable to 47 CFR Part 76 §§ 73.607, 73.610, and 73.611 [Removed] certain television broadcast licensees. Cable television, Communications, ■ 7. Remove §§ 73.607, 73.610, and 3. In addition, we delete rules that Television. 73.611. were adopted in conjunction with full Federal Communications Commission. § 73.616 [Amended] power analog television broadcasting, Marlene H. Dortch, which is no longer permitted. Secretary, Office of the Secretary. ■ 8. Amend § 73.616 by removing Specifically, we delete §§ 73.607, paragraph (a), redesignating paragraphs 73.610, 73.611, 73.671(d), 73.6011, Final Rules (b) through (f) as paragraphs (a) through 73.6016, and 74.705 of the For the reasons discussed in the (e), and removing the note to § 73.616. Commission’s rules, which are without preamble, the Federal Communications current legal effect and obsolete. In § 73.625 [Amended] addition, we amend § 73.606 of our 3 Section 73.606 (the analog TV Table of ■ 9. Amend § 73.625(a)(1) by removing rules by deleting the Table of Allotments) is referenced in the statutory definition the note to the paragraph. Allotments applicable to full power of a ‘‘qualified noncommercial educational television station’’ that qualifies for must carry § 73.671 [Amended] analog television broadcast service and rights, although the statute also refers to ‘‘any cross-referencing § 73.622(i), which sets successor regulation’’ to § 73.606. The ‘‘successor ■ 10. Amend § 73.671 by removing and forth the Post-Transition Table of DTV regulation’’ to § 73.606 is § 73.622(i), the Post- reserving paragraph (d). Transition Table of DTV Allotments. During the post-incentive auction transition process, the § 73.674 [Removed] 1 Commission Launches Modernization of Media Commission has explained that it will not use a Regulation Initiative, Public Notice, 32 FCC Rcd codified Table of Allotments to implement post- ■ 11. Remove § 73.674. 4406 (MB 2017). auction channel changes and that the Media Bureau 2 We delegate authority to the Media Bureau to intends to initiate a proceeding to amend § 73.622 § 73.3526 [Amended] make conforming amendments to other Commission of the rules to reflect all new full power channel ■ rules that cross-reference the rule sections deleted assignments as well as NCE status in a revised 12. Amend § 73.3526 by removing in this Order. Table of Allotments. paragraph (e)(11)(iv).

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§ 73.3527 [Amended] mammals incidental to conducting and reporting requirements. Section ■ 13. Amend § 73.3527 by removing and testing and training activities in the 101(a)(5)(A) of the MMPA and the reserving paragraph (e)(13). Eglin Gulf Test and Training Range implementing regulations at 50 CFR part (EGTTR) in the Gulf of Mexico over the 216, subpart I provide the legal basis for §§ 73.6011 and 73.6016 [Removed] course of five years. These regulations issuing this rule and any subsequent ■ 14. Remove §§ 73.6011 and 73.6016. allow NMFS to issue a Letter of LOA pursuant to those regulations. As Authorization (LOA) for the incidental directed by this legal authority, this PART 74—EXPERIMENTAL RADIO, take of marine mammals during the final rule contains mitigation, AUXILIARY, SPECIAL BROADCAST specified testing and training activities monitoring, and reporting requirements. AND OTHER PROGRAM carried out during the rule’s period of Authorization for incidental takings DISTRIBUTIONAL SERVICES effectiveness, set forth the permissible shall be granted if NMFS finds that the methods of taking, set forth other means taking will have a negligible impact on ■ 15. The authority citation for part 74 of effecting the least practicable adverse the species or stock(s), will not have an continues to read as follows: impact on marine mammal species or unmitigable adverse impact on the Authority: 47 U.S.C. 154, 302a, 303, 307, stocks and their habitat, and set forth availability of the species or stock(s) for 309, 310, 336 and 554. requirements pertaining to the subsistence uses (where relevant), and if monitoring and reporting of the the Secretary sets forth permissible § 74.705 [Removed] incidental take. The specific activities methods of taking and other means of ■ 16. Remove § 74.705. are classified as military readiness effecting the least practicable impact on activities. the species or stock and its habitat. NMFS has defined ‘‘negligible impact’’ PART 76—MULTICHANNEL VIDEO DATES: Effective February 13, 2018 in 50 CFR 216.103 as ‘‘an impact AND CABLE TELEVISION SERVICE through February 12, 2023. resulting from the specified activity that ■ 17. The authority citation for part 76 ADDRESSES: To obtain an electronic cannot be reasonably expected to, and is continues to read as follows: copy of the USAF 96 CEG/CEIEA’s LOA not reasonably likely to, adversely affect application or other referenced Authority: 47 U.S.C. 151, 152, 153, 154, the species or stock through effects on documents, visit the internet at: http:// annual rates of recruitment or survival.’’ 301, 302, 302a, 303, 303a, 307, 308, 309, 312, www.nmfs.noaa.gov/pr/permits/ 315, 317, 325, 338, 339, 340, 341, 503, 521, The National Defense Authorization 522, 531, 532, 534, 535, 536, 537, 543, 544, incidental/military.htm. Documents Act for Fiscal Year 2004 (Section 319, 544a, 545, 548, 549, 552, 554, 556, 558, 560, cited in this rule may also be viewed, by Pub. L. 108–136, November 24, 2003) 561, 571, 572, 573. appointment, during regular business (NDAA of 2004) removed the ‘‘small hours, at 1315 East-West Highway, numbers’’ and ‘‘specified geographical § 76.1630 [Removed] SSMC III, Silver Spring, MD 20912. region’’ limitations indicated earlier and ■ 18. Remove § 76.1630. FOR FURTHER INFORMATION CONTACT: Rob amended the definition of harassment as [FR Doc. 2018–02552 Filed 2–7–18; 8:45 am] Pauline, Office of Protected Resources, it applies to a ‘‘military readiness BILLING CODE 6712–01–P NMFS, (301) 427–8401. activity’’ to read as follows (Section SUPPLEMENTARY INFORMATION: 3(18)(B) of the MMPA, 16 U.S.C. 1362(18)(B)): (i) Any act that injures or Availability has the significant potential to injure a DEPARTMENT OF COMMERCE A copy of the 96 CEG/CEIEA’s marine mammal or marine mammal National Oceanic and Atmospheric application, NMFS proposed rule (82 FR stock in the wild (Level A Harassment); Administration 61372; December 27, 2017), the USAF’s or (ii) any act that disturbs or is likely Eglin Gulf Test and Training Range to disturb a marine mammal or marine 50 CFR Part 218 Environmental Assessment (Navy 2015) mammal stock in the wild by causing and NMFS Finding of No Significant disruption of natural behavioral [Docket No. 170831846–8105–02] Impact (FONSI) may be obtained by patterns, including, but not limited to, visiting the internet at: http:// RIN 0648–BH21 migration, surfacing, nursing, breeding, www.nmfs.noaa.gov/pr/permits/ feeding, or sheltering, to a point where Taking and Importing Marine incidental/military.htm. Documents such behavioral patterns are abandoned Mammals; Taking Marine Mammals cited in this rule may also be viewed, by or significantly altered (Level B Incidental to Testing and Training appointment, during regular business Harassment). hours, at the aforementioned address Activities Conducted in the Eglin Gulf National Environmental Policy Act Test and Training Range in the Gulf of (see ADDRESSES). Mexico To comply with the National Background Environmental Policy Act of 1969 AGENCY: National Marine Fisheries Section 101(a)(5)(A) of the MMPA (16 (NEPA; 42 U.S.C. 4321 et seq.) and Service (NMFS), National Oceanic and U.S.C. 1371(a)(5)(A)) directs the NOAA Administrative Order (NAO) Atmospheric Administration (NOAA), Secretary of Commerce to allow, upon 216–6A, NMFS must review the Commerce. request, the incidental, but not proposed action (i.e., the issuance of ACTION: Final rule. intentional taking of small numbers of regulations and an LOA) with respect to marine mammals by U.S. citizens who potential impacts on the human SUMMARY: Upon application from the engage in a specified activity (other than environment. United States Air Force (USAF), 96th commercial fishing) within a specified Accordingly, NMFS has adopted the Civil Engineer Group/Environmental geographical region for up to five years USAF’s Eglin Gulf Test and Training Planning Office (96 CEG/CEIEA) at Eglin if, after notice and public comment, the Range Environmental Assessment and Air Force Base (hereafter referred to as agency makes certain findings and after an independent evaluation of the Eglin AFB), NMFS is issuing regulations issues regulations that set forth document found that it included under the Marine Mammal Protection permissible methods of taking pursuant adequate information analyzing the Act (MMPA) for the taking of marine to that activity, as well as monitoring effects on the human environment of

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issuing incidental take authorizations. final reports. Information regarding their mammals and other marine life. EGTTR In February 2018, NMFS issued a monitoring results may be found in the missions may not resume until adequate Finding of No Significant Impact Effects of the Specified Activity on sea conditions exist for monitoring; (FONSI). The final EA and FONSI are Marine Mammals and their Habitat • If unauthorized takes of marine available at: http://www.nmfs.noaa.gov/ section. Based on these reports, NMFS mammals (i.e., serious injury or pr/permits/incidental/military.htm. has determined that impacts to marine mortality) occur, ceasing operations and mammals were not beyond those reporting to NMFS immediately and Summary of Request anticipated. Eglin AFB’s current LOA submitting a report to NMFS within 24 On September 16, 2015, NMFS would supersede the existing PSW and hours; received a request for regulations from AS gunnery rule that is in effect until • Aerial-based monitoring will be Eglin AFB for the taking of marine March 4, 2019, and would include all of employed which provides an excellent mammals incidental to testing and Eglin AFB’s testing and training viewing platform for detection of marine training activities in the EGTTR activities, including WSEP activities, mammals at or near the surface; (defined as the area and airspace over into one new rule with the exception of • Video-based monitoring via live the Gulf of Mexico controlled by Eglin NEODS training activities. Eglin AFB high-definition video feed will be AFB, beginning at a point three nautical has never conducted any NEODS employed which facilitates data miles (NM) off the coast of Florida) for training activities and is not including collection for the mission but can also a period of five years. Eglin AFB worked these activities as part of the new allow remote viewing of the area for with NMFS to revise the model used to rulemaking. determination of environmental calculate take estimates and submitted a conditions and the presence of marine revised application on April 15, 2017. Summary of Major Provisions Within species up to the release time of live The application was considered the Final Rule munitions; adequate and complete on October 30, Following is a summary of some of • Vessel-based monitoring will be 2017. the major provisions applicable to Eglin employed; and On August 24, 2017, we published a AFB’s Testing and training missions in • Ramp-up procedures will be notice of receipt of Eglin AFB’s the EGTTR. We have determined that implemented during gunnery application in the Federal Register (82 Eglin AFB’s adherence to the mitigation, operations. FR 40141), requesting comments and monitoring, and reporting measures Detailed Description of the Specified information for thirty days related to included in this rule would achieve the Activity Eglin AFB’s request. We did not receive least practicable adverse impact on the any comments from the public. We affected marine mammals. The The proposed rule (82 FR 61372; subsequently published a notice of provisions, which are generally December 27, 2017) and the 96 CEG/ proposed rulemaking in the Federal designed to minimize the duration and CEIEA’s EA include a complete Register on December 27, 2017 (82 FR total volume of explosive detonations, description of the USAF’s specified 61372), again requesting public include: training activities for which NMFS is comments. • Monitoring will be conducted by authorizing incidental take of marine NMFS previously issued incidental personnel who have completed Eglin’s mammals in this final rule. Surface and take authorizations for activities taking Marine Species Observer Training sub-surface detonations are the stressors place in the EGTTR. On April 23, 2012, Course, which was developed in most likely to result in impacts on NMFS promulgated rulemaking and cooperation with the National Marine marine mammals that could rise to the issued an LOA for takes of marine Fisheries Service; level of harassment. The mammals incidental to Eglin AFB’s • For each live mission, at a aforementioned documents can be Naval Explosive Ordnance Disposal minimum, pre- and post-mission found at http://www.nmfs.noaa.gov/pr/ School (NEODS) training operations at monitoring will be required. Monitoring permits/incidental/military.htm). The Eglin AFB. This rule expired on April will be conducted from a given platform description of location, delivery aircraft, 24, 2017 (77 FR 16718; March 22, 2012). depending on the specific mission. The and weapon types remain unchanged, On March 5, 2014, NMFS promulgated purposes of pre-mission monitoring are and we incorporate this description by rulemaking and issued an LOA for takes to (1) evaluate the mission site for reference, and provide a summary of marine mammals incidental to Eglin environmental suitability and (2) verify below. AFB’s Special Operations Command that the zone of influence (ZOI) is free Eglin AFB will conduct military (AFSOC) precision strike weapons of visually detectable marine mammals aircraft missions within the EGTTR that (PSW) and air-to-surface (AS) gunnery and potential marine mammal involve the employment of multiple activities in the EGTTR, which is valid indicators. Post-mission monitoring is types of live (explosive) and inert (non- through March 4, 2019 (79 FR 13568; designed to determine the effectiveness explosive) munitions against various March 11, 2014). In addition to these of pre-mission mitigation by reporting surface targets. Munitions may be rules and LOAs, NMFS has issued sightings of any dead or injured marine delivered by multiple types of aircraft Incidental Harassment Authorizations mammals; including, but not limited to, fighter (IHA) for take of marine mammals • Mission delay will be implemented jets, bombers, and gunships. Munitions incidental to Eglin AFB’s Maritime during live ordnance mission activities consist of bombs, missiles, rockets, and Strike Operations (78 FR 52135; August if protected species, large schools of gunnery rounds. The targets may vary, 22, 2013; valid August 19, 2013 through fish, or large flocks of birds are observed but primarily consist of stationary, August 18, 2014) and Maritime feeding at the surface within the ZOI. towed, or remotely controlled boats, Weapons Systems Evaluations Program Mission activities may not resume until inflatable targets, or marking flares. (WSEP) annually in 2015 (80 FR 17394), the animals are observed moving away Detonations may occur in the air, at the 2016 (81 FR 7307), and 2017 (82 FR from the ZOI or 30 minutes have passed; water surface, or approximately 10 feet 10747) which currently expires on • Mission delay will be implemented (ft) below the surface. Absent February 3, 2018. Eglin AFB complied if daytime weather and/or sea mitigation, mission activities planned in with all conditions of the LOAs and conditions preclude adequate the EGTTR have the potential to expose IHAs issued, including submission of monitoring for detecting marine cetaceans to sound or pressure levels

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currently associated with mortality, Munitions (SOPGM) testing involving Missions that involve inert munitions Level A harassment, and Level B captive-carry, store separation, and and in-air detonations may occur harassment, as defined by the MMPA. weapon employment tests; (5) 780th anywhere in the EGTTR but are Testing and training missions would Test Squadron (TS) activities involving typically conducted in W–151. be conducted during any time of the precision strike weapon (PSW) test For this LOA, descriptions of mission year. Missions that involve inert missions (launch of munitions against activities that involve in-water munitions and in-air detonations may targets in the EGTTR) and Longbow detonations include a section called occur anywhere in the EGTTR. Aside Littoral Testing (data collection on Mission-Day Categorization. This from gunnery operations, mission tracking and impact ability of the subsection describes the mission-day activities that release live ordnance Longbow missile on small boats); (6) scenario used for acoustic modeling and resulting in surface or subsurface 96th Test Wing Inert Missions is based on the estimated number of detonations would be conducted at a (developmental testing and evaluation weapons released per day. This pre-determined location approximately for wide variety of air-delivered approach is meant to satisfy NMFS’ 17 miles offshore of Santa Rosa Island, weapons and other systems using inert requests to analyze and assess acoustic in a water depth of about 35 meters (m) bombs); and (7) 96 Operations Group impacts associated with accumulated (115 ft). (OG) missions, which involve the energy from multiple detonations All activities will take place within support of air-to-surface missions for occurring over a 24-hour timeframe. the EGTTR, which is defined as the several user groups within EGTTR. Eglin AFB used all available airspace over the Gulf of Mexico During these activities, ordnances information to develop each mission- controlled by Eglin AFB, beginning at a may be delivered by multiple types of day scenario, including historical point 3 NM from shore. The EGTTR is aircraft, including bombers and fighter release records; however, these subdivided into blocks consisting of aircraft. The actions include air-to- scenarios may not represent exact Warning Areas W–155, W–151, W–470, ground missiles (AGM); air intercept weapon releases because military needs W–168, and W–174, as well as Eglin missiles (AIM); bomb dummy units and requirements are in a constant state Water Test Areas 1 through 6 (See (BDU); guided bomb units (GBU); of flux. The mission-day categorizations Figure 1–2 in Application). Most of the projectile gun units (PGU); cluster bomb provide high-, medium-, and low- blocks are further sub-divided into units (CBU); wind-corrected munitions intensity mission-day scenarios for smaller airspace units for scheduling dispensers (WCMD); small-diameter some groups and an average scenario for purposes (for example, W–151A, B, C, bombs (SDB) and laser small diameter other groups. Mission-day scenarios and D). However, most of the activities bombs (LSDB); high explosive vary for each user group and are will occur in W–151, and the great incendiary units (HEI); joint direct described in the following sections. majority will occur specifically in sub- attack munitions (JDAM) and laser joint area W–151A due to its proximity to direct attack munitions (LJDAM); Note that additional testing and shore (Figure 1–3 in Application). research department explosives (RDX); training activities are planned for the Descriptive information for all of W–151 joint air-to-surface stand-off missiles EGTTR that will not result in any and for W–151A specifically is provided (JASSM); high altitude anti-submarine acoustic impacts to marine mammals below. warfare weapons (inert); high-speed and, therefore, not require any acoustic Eglin AFB plans to conduct the maneuverable surface targets; and analyses. Examples include the firing of following actions in the EGTTR: (1) 86th gunnery rounds. Net explosive weight 0.50 caliber and 7.62 gunnery rounds Fighter Weapons Squadron (86 FWS) (NEW) of the live munitions ranges from that do not contain explosives, use of Maritime Weapons System Evaluation 0.1 to 945 pounds (lb). airburst-only detonations, and Program (WSEP) test missions that The EGTTR testing and training operations involving simulated weapons involve the use of multiple types of live missions are classified as military delivery. Those activities are described and inert munitions (bombs and readiness activities and involve the in detail in the Application but are not missiles) detonated above, at, or slightly firing or dropping of air-to-surface discussed here. below the water surface; (2) Advanced weapons. Depending on the 86th Fighter Weapons Squadron Systems Employment Project actions requirements of a given mission, Maritime Weapons System Evaluation that involve deployment of a variety of munitions may be inert (contain no or Program pods, air-to-air missiles, bombs, and very little explosive charges) or live other munitions (all inert ordnances in (contain explosive charges). Live The 86 FWS would continue to use relation to EGTTR); (3) Air Force munitions may detonate above, at, or multiple types of live and inert Special Operations Command (AFSOC) slightly below the water surface. In most munitions in the EGTTR against small training, including air-to-surface cases, missions consisting of live bombs, boat targets for the Maritime WSEP gunnery missions involving firing live missiles, and rockets that detonate at or Operational Testing Program. The gunnery rounds at targets on the water below the water surface will occur at a purpose of the testing is to continue the surface in EGTTR, small diameter bomb site in W–151A that has been designated development of tactics, techniques and (SDB) and Griffin/Hellfire missile specifically for these types of activities. procedures (TTP) for USAF strike training involving the use of live Typically, test data collection is aircraft to counter small maneuvering missiles and SDBs in the EGTTR against conducted from an instrumentation surface vessels in order to better protect small towed boats, and CV–22 tiltrotor barge known as the Gulf Range vessels or other assets from small boat aircraft training involving the firing of Armament Test Vessel (GRATV) threats. 0.50 caliber (cal.)/7.62 mm ammunition anchored on-site, which provides a Proposed aircraft and munitions at flares floating on the EGTTR water platform for cameras and weapon- associated with Maritime WSEP surface; (4) 413th Flight Test Squadron tracking equipment. Therefore, the activities are shown in Table 1. Because (FLTS) Precision Strike Program (PSP) mission area is referred to as the GRATV the focus of the tests would be weapon/ activities involving firing munitions at target location. Alternative site locations target interaction, no particular aircraft flare targets on the EGTTR water surface may be selected, if necessary, within a would be specified for a given test as and Stand-Off Precision Guided 5-mile radius around the GRATV point. long as it met the delivery requirements.

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TABLE 1—MARITIME WSEP MUNITIONS AND EXAMPLE AIRCRAFT

Munitions Aircraft

AGMÐ114 (Hellfire) ...... FÐ15 fighter aircraft. AGMÐ176 (Griffin) ...... FÐ16 fighter aircraft. AGMÐ65 (Mavericks) ...... FÐ18 fighter aircraft. AIMÐ9X ...... FÐ22 fighter aircraft. BDUÐ56 ...... FÐ35 fighter aircraft. CBUÐ105 (WCMD) ...... ACÐ130 gunship. GBUÐ12/GBUÐ54 ...... AÐ10 fighter aircraft. GBUÐ10/GBUÐ24 ...... BÐ1 bomber aircraft. GBUÐ31 ...... BÐ52 bomber aircraft. GBUÐ38 ...... BÐ2 bomber aircraft. PGUÐ13/B ...... MQÐ1. PGUÐ27 ...... MQÐ9. 2.75 in Rockets. 7.62mm/50 Cal. GBUÐ39 (Laser SDB). GBUÐ53 (SDB II). AGM = air-to-ground missile; AIM = air intercept missile; BDU = Bomb, Dummy Unit; GBU = Guided Bomb Unit; PGU = Projectile Gun Unit; CBU = Cluster Bomb Unit; WCMD = Wind-Corrected Munitions Dispenser; mm = millimeters; SDB = Small Diameter Bomb.

Live munitions would be set to about 5 to 10 ft. The annual number, tested is considered necessary to detonate either in the air, height or depth of detonation, explosive provide the intended level of tactics and instantaneously upon contact with a material, and net explosive weight weapons evaluation, including a target boat, or after a slight delay (up to (NEW) of each live munition associated number of replicate tests sufficient for 10 millisecond) after impact, which with Maritime WSEP is provided in an acceptable confidence level regarding would correspond to a water depth of Table 2. The quantity of live munitions munitions capabilities.

TABLE 2—ANNUAL MARITIME WSEP MUNITIONS USE IN THE EGTTR

Number of Detonations sce- NEW Type of munition munitions nario Warhead—explosive material (lbs)

GBUÐ10 or GBUÐ24 ...... 2 Surface or Sub- MK–84—Tritonal ...... 945 surface. GBUÐ49 ...... 4 Surface ...... Tritonal ...... 300 JASSM ...... 4 Surface ...... Tritonal ...... 240 GBUÐ12/Ð54 (LJDAM)/Ð38/Ð32 (JDAM) .... 10 Surface or Sub- MK–82—Tritonal ...... 192 surface. AGMÐ65 (Maverick)...... 8 Surface ...... WDUÐ24/B penetrating blast-fragmenta- 86 tion warhead. CBUÐ105 ...... 4 Airburst ...... 10 BLUÐ108 submunitions with 4 projec- 107.63 tiles, parachute, rocket motor & altim- eter. 10.69 lbs NEW/submunition (in- cludes 2.15 lbs/projectile). GBUÐ39 (LSDB) ...... 4 Airburst, Surface, or AFXÐ757 (Insensitive munition) ...... 37 Subsurface. AGMÐ114 (Hellfire) ...... 30 Airburst or Surface, High Explosive Anti-Tank (HEAT) tandem 29 Subsurface. anti-armor metal augmented charge. GBUÐ53 (SDB II) ...... 4 Airburst, Surface or PBXÐNÐ109 Aluminized Enhanced Blast, 22.84 Subsurface. Scored Frag Case, Copper Shape Charge. AIMÐ9X ...... 2 Surface ...... PBXNÐ3 ...... 7.9 AGMÐ176 (Griffin) ...... 10 Airburst or Surface .. Blast fragmentation ...... 4.58 Rockets (including APKWS) ...... 100 Surface ...... Comp BÐ4 HEI ...... 10 PGUÐ13 HEI 30 mm...... 1,000 Surface ...... 30 x 173 mm caliber with aluminized 0.1 RDX explosive. Designed for GAUÐ8/A Gun System. GBUÐ10 ...... 21 Inert ...... N/A ...... N/A GBUÐ12 ...... 27 Inert ...... N/A ...... N/A GBUÐ24 ...... 17 Inert ...... N/A ...... N/A GBUÐ31 ...... 6 Inert ...... N/A ...... N/A GBUÐ38 ...... 3 Inert ...... N/A ...... N/A GBUÐ54 ...... 16 Inert ...... N/A ...... N/A BDUÐ56 ...... 13 Inert ...... N/A ...... N/A AIMÐ9X ...... 3 Inert ...... N/A ...... N/A PGUÐ27 ...... 46,000 Inert ...... N/A ...... N/A AGM = air-to-ground missile; AIM = air intercept missile; BDU = Bomb, Dummy Unit; CBU = Cluster Bomb Unit; GBU = Guided Bomb Unit; HEI = high explosive incendiary; lbs = pounds; LJDAM = laser joint direct attack munition; LSDB = Laser Small Diameter Bombs; MK = mark; mm = millimeters; NEW = Net Explosive Weight; PGU = Projectile Gun Unit; RDX = research department explosive; SDB = Small Diameter Bomb.

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Mission-day categorizations of develop three different scenarios: Category B represents munitions with weapon releases listed in Table 3 were Categories A, B, and C. Mission-day medium levels of NEW (20 to 86 developed based on historical mission Category A represents munitions with pounds) including surface and data, project engineer input, and future larger NEW (192 to 945 pounds) with subsurface detonations. Category B was Maritime WSEP requirements. both surface and subsurface developed using actual levels of weapon Categories of missions were grouped detonations. This category includes releases during Maritime WSEP first using historical weapon releases future requirements and provides missions (refer to Maritime WSEP per day (refer to Maritime Strike and flexibility for the military mission. To annual reports for 2015 and 2016). Maritime WSEP annual reports for 2015 date, Category A levels of activity have Category C represents munitions with and 2016). Next, the most recent not been conducted under the 86 FWS smaller NEW (0.1 to 13 pounds) and weapons evaluation needs and Maritime WSEP missions and is includes surface detonations only. requirements were considered to considered a worst-case scenario.

TABLE 3—MARITIME WSEP MUNITIONS CATEGORIZED AS REPRESENTATIVE MISSION DAYS

Total Mission Munition NEW (lbs) Detonation Munitions per Mission days/ Munitions/ category type day year year

A ...... GBUÐ10/Ð24/Ð31 ...... 945 Subsurface ..... 1 2 2 (10-ft depth) ... GBUÐ49 ...... 300 Surface ...... 2 ...... 4 JASSM ...... 240 Surface ...... 2 ...... 4 GBUÐ12/-54 (LJDAM)/Ð38/Ð32 (JDAM) 192 Subsurface ..... 5 ...... 10 (10-ft depth) ... B ...... AGMÐ65 (Maverick) ...... 86 Surface ...... 2 4 8 GBUÐ39 (SDB) ...... 37 Surface ...... 1 ...... 4 AGMÐ114 (Hellfire) ...... 20 Subsurface ..... 5 ...... 20 (10-ft depth) ... C ...... AGMÐ176 (Griffin) ...... 13 Surface ...... 5 2 10 2.75 rockets ...... 12 Surface ...... 50 ...... 100 AIMÐ9X ...... 7.9 Surface ...... 1 ...... 2 PGUÐ12 HEI 30 mm ...... 0.1 Surface ...... 500 ...... 1,000 AGM = air-to-ground missile; CBU = Cluster Bomb Unit; GBU = Guided Bomb Unit; HEI = high explosive incendiary; JDAM = Joint Direct At- tack Munition; LJDAM = Laser Joint Direct Attack Munition; lbs = pounds; NEW = net explosive weight; PGU = Projectile Gun Unit; mm = milli- meter; SDB = Small Diameter Bomb.

Advanced Systems Employment Project munitions in nearshore waters of the well under a minute and rarely from The planned Advanced Systems EGTTR (W–151). Training activities two to five minutes. Employment Project (ASEP) action include air-to-surface gunnery and small Gunnery missions could occur any includes evaluating upgrades to diameter bomb/Griffin/Hellfire missile season of year, during daytime or numerous research and development, as proficiency training. The following nighttime hours. The quantity of live well as USAF hardware and software, subsections describe the planned rounds expended is based on estimates initiatives. F16, F15E, and BAC1–11 actions included in Eglin AFB’s LOA provided by AFSOC regarding the aircraft would be used to deploy a request. annual number of missions and number variety of pods, air-to-air missiles, Air-to-surface gunnery missions of rounds per mission. The 105 mm FU rounds would typically be used during bombs, and other munitions. Many of involve firing of live gunnery rounds daytime missions, while the 105 mm TR the missions are conducted over Eglin from the AC–130 aircraft at targets on variants would be used at night. land ranges. However, inert the water surface in the EGTTR. instrumented MK–84 Joint Direct Attack On March 5, 2014, NMFS issued a 5- Munition (JDAM) bombs would be After target deployment, the firing year LOA in accordance with the expended in W–151 under the planned sequence is initiated. A typical gunship MMPA for AFSOC’s air-to-surface action. Bombs would be dropped on mission lasts approximately five hours gunnery activities which is currently target boats located 20 to 25 miles without air-to-air refueling, and six valid through March 4, 2019. This LOA offshore. A maximum of 12 over-water hours when refueling is accomplished. request would supersede that missions could be conducted annually, A typical mission includes 1.5 to 2 authorization for AC–130 air-to-surface although the number could be as low as hours of live fire. This time includes gunnery activities for another five years 4. There would be no live ordnance clearing the area and transiting to and (2018–2023); it incorporates the updated associated with ASEP actions in the from the range. Actual firing activities approach to analysis requested by EGTTR. typically do not exceed 30 minutes. The NMFS. No significant changes to these number and type of munitions deployed mission activities are anticipated in the Air Force Special Operations Command during a mission varies with each type foreseeable future. Table 4 shows the Training of mission flown. The 105-mm TR annual number of missions and gunnery The USAF Special Operations variants are used during nighttime rounds currently authorized under the Command (AFSOC) conducts various training. Live fire events are continuous, existing LOA which will be carried training activities with multiple types of with pauses during the firing usually forward for this LOA request.

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TABLE 4—SUMMARY OF ANNUAL AFSOC ACÐ130 GUNNERY OPERATIONS

Number of Number of Munition NEW Total daytime nighttime (lbs) munitions/year missions missions

105 mm HE (FU) ...... 4.7 750 25 45 105 mm HE (TR) ...... 0.35 1,350 ...... 40 mm HE ...... 0.87 4,480 ...... 30 mm HE ...... 0.1 35,000 ...... 25 mm HE ...... 0.067 39,200 ......

Total ...... 80,780 ...... HE = High Explosive; lbs = pounds; mm = millimeter; NEW = net explosive weight; TR = Training Round; FU = Full Up.

Two mission-day scenarios were air-to-surface gunnery missions; AC–130 air-to-surface gunnery missions developed to represent the average category D for daytime missions and are shown in Table 5. number of gunnery rounds expended category E for nighttime missions. The during daytime and nighttime AC–130 mission-day scenarios developed for

TABLE 5—AC–130 GUNNERY OPERATIONS CATEGORIZED AS REPRESENTATIVE MISSION DAYS

Mission Detonation Munitions Mission Total category Munition NEW (lbs) type per day days/year munitions/year

D ...... 105 mm HE (FU) ...... 4.7 Surface ...... 30 25 750 40 mm HE ...... 0.87 Surface ...... 64 ...... 1,600 30 mm HE ...... 0.1 Surface ...... 500 ...... 12,500 25 mm HE ...... 0.067 Surface ...... 560 ...... 14,000 E ...... 105 mm HE (TR) ...... 0.35 Surface ...... 30 45 1,350 40 mm HE ...... 0.87 Surface ...... 64 ...... 2,880 30 mm HE ...... 0.1 Surface ...... 500 ...... 22,500 25 mm HE ...... 0.067 Surface ...... 560 ...... 25,200

Total ...... 70 80,780 HE = High Explosive; lbs = pounds; mm = millimeter; NEW = net explosive weight; TR = Training Round; FU = Full Up.

413th Flight Test Squadron Wright-Patterson AFB, is fielding the mission days planned annually. Up to The United States Special Operations new AC–130J for flight characterization, eleven mission days are planned for 413 Command (SOCOM) has requested the as well as testing and evaluation. FLTS operations annually. The total 413th Flight Test Squadron (413 FLTS) AFSOC is integrating some of the same number of munitions were averaged to demonstrate the feasibility and weapons on the AC–130W. Therefore, over each day and are shown in Table capability of the Precision Strike the activities described below for the 6. All missions would be conducted Package and the Stand-Off Precision 413 FLTS may involve either of these shoreward of the continental shelf Guided Munitions (SOPGM) missile aircraft variants. break/200 m isobath as shown in Figure system on the AC–130 aircraft. SOCOM, 413 FLTS mission day scenarios were 1–7 in the Application). in conjunction with A3 Operations at developed based on the number of

TABLE 6—413 FLTS PRECISION STRIKE PACKAGE GUNNERY TESTING CATEGORIZED AS REPRESENTATIVE MISSION DAYS

Total Mission Munition NEW Detonation Munitions Mission munitions/ category (lbs) type per day days/year year

F ...... 30 mm ...... 0.1 Surface ...... 33 3 99 G ...... 105 mm FU ...... 4.7 Surface ...... 15 4 60 H ...... 105 mm TR ...... 0.35 Surface ...... 15 4 60 FU = full up; lbs = pounds; mm = millimeter; NEW = net explosive weight; TR = Training Round.

Stand off precision guided missiles of inert and/or live weapons for a final FLTS provided the number of munitions (SOPGMs) are planned for use in testing end-to-end check of the system. Table 7 required over a span of four years. The feasibility of these missiles on AC–130 shows the mission-day scenarios and numbers in the table represent the aircraft. Weapon employment missions annual number of munitions expended average per year (total number of would be flown using any combination annually for SOPGM testing. The 413 munitions divided by four).

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TABLE 7—413 FLTS SOPGM ANNUAL TESTING CATEGORIZED AS REPRESENTATIVE MISSION DAYS

Total Mission Munition NEW Detonation Munitions Mission munitions/ category (lbs) type per day days/year year

I ...... AGMÐ176 (Griffin) ...... 4.58 Surface ...... 5 2 10 J ...... AGMÐ114 (Hellfire) ...... 29 Surface ...... 5 2 10 K ...... GBUÐ39 (SDB I) ...... 36 Surface ...... 3 2 6 L ...... GBUÐ39 (LSDB) ...... 36 Surface ...... 5 2 10 AGM = Air-To-Ground Missile; GBU = Guided Bomb Unit; lbs = pounds; LSDB = Laser Small Diameter Bomb; SDB = Small Diameter Bomb.

780th Test Squadron The U.S. Air Force Life Cycle in the EGTTR. The weapons used in Testing activities conducted by the Management Center and U.S. Navy, in testing are the AGM–158 A and B (Joint 780th Test Squadron (780 TS) include cooperation with the 780 TS, conducts Air-to-Surface Standoff Missile Precision Strike Weapon, Longbow Precision Strike Weapon (PSW) test (JASSM), and the GBU–39/B (SDB I). missile littoral testing, and several other missions utilizing resources within the PSW munitions are shown in Table 8. various future actions. Eglin Military Complex, including sites

TABLE 8—SUMMARY OF ANNUAL PRECISION STRIKE WEAPON TESTS

Number of Total number Number of Total number Munitions live tests/ of live inert tests/ of inert year munitions year munitions

AGMÐ158 (JASSM) ...... 2 2 4 4 GBUÐ39 (SDB I) Single Launch ...... 2 2 4 4 GBUÐ39 (SDB I) Simultaneous Launch ...... 2 4 4 8 JASSM = Joint Air-To-Surface Stand-Off Missile; SDB = Small Diameter Bomb.

In addition to the above description, Test and Evaluation Center (AFOTEC) future (Phase 2) testing of the SDB is as shown in Table 9. planned by the Air Force Operational

TABLE 9—SUMMARY OF PHASE 1 AND PHASE 2 PRECISION STRIKE WEAPON LIVE TESTS

Number Number NEW of live of inert Weapon (lbs) munitions munitions released released

AGMÐ158 (JASSM) ...... 240 2 4 GBUÐ39 (SDB I) ...... 37 2 4 GBUÐ39 (SDB I) Double Shot ...... 74 2 4 GBUÐ53 (SDB II) ...... 22.84 2 1

The 780 TS/OGMT missions have of weapons released per day, assuming annually. Representative mission days been categorized based on the number three mission days are planned are shown in Table 10.

TABLE 10—780 TS/OGMT PRECISION STRIKE WEAPON TESTING CATEGORIZED AS REPRESENTATIVE MISSION DAYS

Total Mission Munition NEW Detonation Munitions Mission munitions/ category (lbs) type per day days/year year

M ...... AGMÐ158 (JASSM) ...... 240 Surface ...... 2 1 2 N ...... GBUÐ39 (SDB I) ...... 37 Surface ...... 2 1 2 GBUÐ39 (SDB I) Double Shot * ...... 74 Surface ...... 2 2 O ...... GBUÐ53 (SDB II) ...... 22.84 Surface ...... 2 1 2 AGM = Air-To-Ground Missile; GBU = Guided Bomb Unit; JASSM = Joint Air-To-Surface Standoff Missile; lbs = pounds; SDB = Small Diame- ter Bomb. * NEW is doubled for each simultaneous launch.

The 780 TS plans to conduct other would primarily be delivered by live fuse (typically contains a very small various testing activities that involve aircraft, although a rail gun would be NEW). Total future munitions for 780 targets on the water surface in the used for one test. Live warheads would TS are listed in Table 11. EGTTR. Many of the missions would be used for some missions, while others target small boats or barges. Weapons would involve inert warheads with a

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TABLE 11—780 TS ANNUAL MUNITIONS, OTHER FUTURE ACTIONS

NEW Number of Planned Detonation Munition (lbs) releases location Target type type

Joint Air-Ground Missile .. 27.41 2 WÐ151 (subareas A, S5, HSMST or Boston 1—Point Detonation 1— and S6). Whaler type boat. Airburst. Navy Rail Gun ...... Inert 19 WÐ151 ...... Barge ...... Penetrating Rod. 1 5 WÐ151 ...... Barge ...... Airburst. JDAM—Extended Range Inert 3 WÐ151 ...... Water surface (2) Barge Inert. (1). Navy HAAWC ...... Inert 2 WÐ151 ...... Water surface ...... Inert. Laser SDB (live fuse only) 0.4 4 WÐ151A ...... Small boats ...... Airburst or Surface. SDB II Guided Test Vehi- 0.4 4 WÐ151A...... Small boats...... Surface. cle (live fuse only). HAAWC = High Altitude Anti-Submarine Warfare Weapon Capability; HSMT = High Speed Maneuverable Surface Target; JDAM = Joint Direct Attack Munition; NEW = net explosive weight; SDB = Small Diameter Bomb.

The 780 TS/OGMT future missions detonated as airbursts were not representative mission days were primarily consist of one-day test events included in the development of these developed for live munitions resulting for each type of munition. Inert scenarios because no in-water acoustic in surface detonations, as shown in munitions and munitions being impacts are anticipated. Therefore Table 12.

TABLE 12—780 TS OTHER FUTURE ACTIONS CATEGORIZED AS REPRESENTATIVE MISSION DAYS

Total Mission Munition NEW Detonation Munitions Mission munitions/ category (lbs) type per day days/year year

P ...... Joint Air-Ground Missile ...... 27.41 Surface ...... 1 1 1 Q ...... Laser SDB (fuse only) and SDB II Guid- 0.4 Surface ...... 2 4 8 ed Test Vehicle (fuse only). HAAWC = High Altitude Anti-Submarine Warfare Weapon Capability; HSMT = High Speed Maneuverable Surface Target; JDAM = Joint Direct Attack Munition; N/A = not applicable; NEW = net explosive weight; SDB = Small Diameter Bomb.

96 Operations Group anticipates support of air-to-surface descriptions under this category have missions for several user groups on an not been determined, as this is meant to The 96 Operations Group (OG), which infrequent basis. As the organization capture future unknown activities. Sub- conducts the 96 TW’s primary missions that oversees all users of Eglin ranges, surface detonations would be at 5 to 10 of developmental testing and evaluation they have the authority to approve new ft below the surface. Projected annual of conventional munitions, and missions that could be conducted in the munitions expenditures and detonation command and control systems, EGTTR. Specific details on mission scenarios are listed in Table 13.

TABLE 13—ANNUAL MUNITIONS FOR 96TH OPERATIONS GROUP SUPPORT

Number Munition NEW Detonation annual (lbs) scenario releases

GBUÐ10 or GBUÐ24 ...... 945 Subsurface ..... 1 AGMÐ158 (JASSM) ...... 240 Surface ...... 1 GBUÐ12 or GBUÐ54 ...... 192 Subsurface ..... 1 AGMÐ65 (Maverick) ...... 86 Surface ...... 2 GBUÐ39 (SDB I or LSDB) ...... 37 Subsurface ..... 4 AGMÐ114 (Hellfire) ...... 20 Subsurface ..... 20 105 mm full-up ...... 4.7 Surface ...... 125 40 mm ...... 0.9 Surface ...... 600 Live fuse ...... 0.4 Surface ...... 200 30 mm ...... 0.1 Surface ...... 5,000 AGM = air-to-ground missile; GBU = Guided Bomb Unit; lbs = pounds; LSDB = Laser Small Diameter Bomb; SDB = Small Diameter Bomb.

The 96 OG future missions have been hour timeframe. Eglin AFB used all flux. The mission day scenarios for 96 categorized based on the number of available information to determine these OG annually are shown in Table 14. weapons released per day, instead of daily estimates, including historic Categories of missions for 96 OG were treating each weapon release as a release reports; however, these scenarios grouped (similar to Maritime WSEP) separate event. This approach is meant may not represent exact weapon first using historical weapon releases to satisfy NMFS requests for analysis releases because military needs and per day. Next, the most recent weapons and modeling of accumulated energy requirements are in a constant state of evaluation needs and requirements were from multiple detonations over a 24- considered to develop three different

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scenarios: Categories R, S, and T. pounds) and both surface and provides flexibility for the military Mission-day Category R represents subsurface detonations. This category mission. munitions with larger NEW (192 to 945 includes future requirements and

TABLE 14—96 OG FUTURE MISSIONS CATEGORIZED AS REPRESENTATIVE MISSION DAYS

Total Mission Munition NEW Detonation Munitions Mission munitions/ category (lbs) type per day days/year year

R ...... GBUÐ10/Ð24 ...... 945 Subsurface (10-ft depth) ...... 1 1 1 AGMÐ158 (JASSM) ...... 240 Surface ...... 1 ...... 1 GBUÐ12 or GBUÐ54 ...... 192 Subsurface (10-ft depth) ...... 1 ...... 1 S ...... AGMÐ65 (Maverick) ...... 86 Surface ...... 1 2 2 GBUÐ39 (SDB I or LSDB) .... 37 Subsurface ...... 2 ...... 4 AGMÐ114 (Hellfire) ...... 20 Subsurface (10-ft depth) ...... 10 ...... 20 T ...... 105 mm full-up ...... 4.7 Surface ...... 13 10 130 40 mm ...... 0.9 Surface ...... 60 ...... 600 Live fuse ...... 0.4 Surface ...... 20 ...... 200 30 mm ...... 0.1 Surface ...... 500 ...... 5,000 AGM = air-to-ground missile; GBU = Guided Bomb Unit; HEI = high explosive incendiary; JDAM = Joint Direct Attack Munition; LJDAM = Laser Joint Direct Attack Munition; LSDB = Laser Small Diameter Bomb; lbs = pounds; PGU = Projectile Gun Unit; mm = millimeter; SDB = Small Di- ameter Bomb.

Planned mitigation, monitoring, and previously issued incidental take However, human safety concerns and reporting measures are described in authorizations. Past monitoring reports, the inability to make mission go/no-go detail later in this document (please see described in more detail in the Effects decisions in a timely manner are the Mitigation and Monitoring and of Specified Activities on Marine most immediate obstacles for the USAF Reporting). Mammals and their Habitat section, implementing PAM as part of the suite Comments and Responses have not recorded any instances of take of mitigation measures during live over the last five years in past. While weapon missions in the EGTTR. For A notice of receipt of Eglin AFB’s the distances from the detonation area safety purposes during live air-to- application published in the Federal are large, these distances are essential to surface missions in the EGTTR, a large Register on August 24, 2017 (82 FR provide protection and safety of area of the Gulf of Mexico is closed off 40141). NMFS published a proposed humans, both military and civilian, that rule in the Federal Register on to human activity. The human safety may be in or near the mission area. The zone corresponds to the weapon safety December 27, 2017 (82 FR 61372). USAF agrees that observing animals During the 30-day public comment footprint. The size of the closure area from aircraft can be challenging but varies depending on the weapons being period on the proposed rule, NMFS believes that these pre-mission flights received comments from the Marine dropped, the type of aircraft being used, offer an ability to detect marine and the specific release parameters Mammal Commission (Commission) mammals. Aerial surveys conducted at (direction, altitude, airspeed, etc.) and seven members of the general higher altitudes (up to 6,000 ft) would requested by the mission group, but it public. use optical sensors and instrumentation always encompasses the area occupied Comment 1: The Commission noted on the aircraft, which is much more that in some instances, the mission area effective than the naked eye. The LOA by the instrumentation barge (GRATV). would be determined to be clear of application summarizes the capabilities Typically, this footprint where marine mammals at least 30 minutes, for these sensors and provides a figure personnel are restricted ranges between and likely longer, before the munitions example of what can be seen with the a 9-nautical mile (nmi) radius up to a are detonated. The monitoring vessels instrumentation. 12-nmi radius around the GRATV. As and aircraft would move to the part of PAM, biologists generally deploy periphery of the human safety zone, Comment 2: The Commission has been recommending that the USAF’s an array of hydrophones, listen for which the application indicated would vocalizations from a nearby boat, and be approximately 24 km from the mitigation measures be supplemented with passive acoustic monitoring (PAM) use software to triangulate an animal’s detonation location. In other instances, general location. The ability to execute the mission aircraft would be since 2010 and that fulfilling the monitoring requirements under section this requires multiple hydrophones conducting monitoring during the lined up in a carefully determined array approximately 15 minutes it takes to fly 101(a)(5) of the MMPA, in this case the or fence configuration with a trained two orbits around the mission area at an PAM study, should be made a priority biologist in close proximity to the altitude of up to 6,000 ft Given those in addition to developing real-time large areas and high aircraft altitudes, mitigation capability via PAM. For these hydrophones. Alternatively, the the Commission does not believe that reasons, the Commission recommends biologist could be stationed in a remote the USAF would be able to monitor that NMFS compel the USAF to location but would require a direct line- effectively for marine mammals entering prioritize (1) completing both aspects of of-sight for radio links to transmit the the mortality and injury zones its PAM study and (2) further data from the hydrophones. The particularly after the mission area has investigating ways to supplement its maximum distance that a remote link been cleared and during the timeframe mitigation measures with the use of could be established is estimated to be prior to detonation. real-time PAM devices. about 5 nmi. This would fall inside the NMFS Response: The USAF has NMFS Response: NMFS has engaged human safety zone. Therefore, real-time successfully employed similar protocols in multiple discussions with the USAF monitoring for marine mammal in EGTTR exercises as required under about the implementation of PAM. vocalizations during a mission is not

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considered feasible for human safety Comment 3: The Commission transparency in the Endangered Species concerns. expressed concern about the lack of Act (ESA) listings and determination Even if vocalization data were able to adequate time to provide public actions. be collected in real time in order to comments as well as the abbreviated Response: The purpose of this final determine presence/absence of marine timeframes during which NMFS is able rule and associated LOA is not to make mammals, a decision to delay or stop a to address public comments. The species listings determinations but Commission recommended that NMFS mission without knowing where the rather to authorize the incidental take of ensure that it publishes and finalizes animals are in relation to the small numbers of marine mammals proposed incidental harassment hydrophones and weapon impact within a specific geographic region. location further contributes to the authorizations sufficiently before the planned start date of the proposed Furthermore, take of ESA-listed species operational constraints for is not authorized or expected as a result implementing PAM as mitigation. A activities to ensure full consideration is given to all comments received. of testing and training activities in the vocalizing marine mammal could be EGTTR. detected by the hydrophone while Response: NMFS gave the standard outside any zones of impact. 30-day notice for public comment. Description of Marine Mammals in the Furthermore, the time it would take to NMFS also acknowledges the Area of Specified Activities collect and transmit vocalization data to importance of providing MMPA remote computers, run the software to incidental take authorization in a timely There are 21 marine mammal species localize vocalizations and estimate the (and sometimes expedited) manner for with potential or confirmed occurrence location of the animals has not been planned activities when the necessary in the planned activity area. Not all of tested or verified. With high-priority findings are made. these species occur in this region during military missions, the USAF cannot Comment 4: Three citizens asserted the project timeframe, or the likelihood jeopardize Department of Defense that marine life in the Gulf of Mexico of occurrence is very low. The should not be disturbed or killed and objectives on unproven methods and ‘‘Description of Marine Mammals in the that training activities can be done unknown procedures. Therefore, a Area of the Specified Activities’’ section without injuring animals. simplified presence/absence of included in the proposed rule (82 FR Response: NMFS appreciates the 61372; December 12, 2018) and sections vocalizations as mitigation strategy commenters’ concern for the marine would not be considered appropriate for 3 and 4 of the USAF’s application environment. However, the summarize available information these mission activities. Based on other commenters’ assertion that the Navy’s consultations associated with the 86 regarding status and trends, distribution activities in the EGTTR will result in the and habitat preferences, and behavior FWS for activities in Hawaii, where killing or deaths of marine mammals is and life history, of the potentially Navy range assets and expertise are far incorrect. As discussed throughout this affected species. These descriptions more developed than in the EGTTR, rule and in the Eglin Gulf Test and have not changed and are incorporated using PAM for real-time mitigation was Training Range Environmental here by reference. Additional determined to not be feasible because of Assessment. The majority of predicted the high level of uncertainty with takes are by Level B harassment information regarding population trends localizing marine mammals using (behavioral reactions and TTS), and and threats may be found in NMFS’ multiple hydrophones, and making there are no mortality takes predicted or Stock Assessment Reports (SAR; mission-critical decisions to delay or authorized for any training activities in www.nmfs.noaa.gov/pr/sars/) and more cease activities. the study area. Modeling results general information about these species The USAF is supportive of PAM and estimate that there could be up to 11 (e.g., physical and behavioral will conduct a NMFS-approved PAM Level A takes (2 from slight lung injury descriptions) may be found on NMFS’s study as an initial step towards and 9 from permanent threshold shift website (www.nmfs.noaa.gov/pr/ understanding acoustic impacts from (PTS)). These exposure estimates, species/mammals/). Additional underwater detonations. However, given however, do not take into account the information may be found in the USAF the level of success with current mitigation and monitoring measures 96 CEG/CEIEA EA. Of the 21 species mitigation procedures and the high level which are expected to decrease the that occur in the northern Gulf of of unknowns associated with potential for impacts. Mexico, two species occur in densities implementing PAM as part of mitigation After careful analysis, NMFS has great enough to warrant inclusion in procedures for EGTTR activities, the determined that serious injury is this rule (Table 15). The final list of USAF does not believe that using PAM unlikely to result from this activity. species is based on summer density as a real-time mitigation measure is Comment 5: Several citizens wrote estimates, a conservative range-to- practicable at this time. that there is a need for greater effects, and duration of the activity.

TABLE 15—SPECIES AUTHORIZED FOR TAKE *

ESA/MMPA status; Stock abundance Common name Scientific name Stock (CV, N , most recent PBR Annual Strategic min M/SI 3 abundance survey) 2 (Y/N) 1

Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

Family Delphinidae

Common Bottlenose dol- Tursiops truncatus ...... Choctawatchee Bay ...... -/-:Y 179 (0.04,173, 2007) .... 1.7 3.4 (0.99) phin.

Pensacola/East Bay ...... -/-:Y 33 (0.80, UNK, 1993) .... UND UND St. Andrew Bay ...... -/-:Y 124 (0.21, UNK, 1993) .. UND UND

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TABLE 15—SPECIES AUTHORIZED FOR TAKE *—Continued

ESA/MMPA Stock abundance Annual Common name Scientific name Stock status; (CV, N , most recent PBR Strategic min M/SI 3 abundance survey) 2 (Y/N) 1

Gulf of Mexico Northern -/-:N 7,185 ( 0.21, 6,044, 60 21 (0.66) Coastal. 2012). Northern Gulf of Mexico -/-:N 51,192 (0.10, 46,926, 469 56 (0.42) Continental Shelf. 2012). Northern Gulf of Mexico -/-;N 5,806 (0.39, 4,230, 42 6.5 (0.65) Oceanic. 2009). Atlantic spotted dolphin Stenella frontalis ...... Northern Gulf of Mexico -/-:N 37,611 (0.28, UNK, UND 42 (0.45) 2004). * Hayes et al. 2017. 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable [explain if this is the case]. 3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases.

Marine Mammal Hearing reflecting the capabilities of every potential to co-occur with the planned species within that group): survey activities. Both species are Hearing is the most important sensory • Low-frequency cetaceans classified as mid-frequency cetaceans. modality for marine mammals (mysticetes): Generalized hearing is underwater and exposure to estimated to occur between Effects of Specified Activities on Marine anthropogenic sound can have approximately 7 Hz and 35 kHz, with Mammals and Their Habitat deleterious effects. To appropriately best hearing estimated to be from 100 In the Potential Effects of Specified assess the potential effects of exposure Hz to 8 kHz; Activities on Marine Mammals section to sound, it is necessary to understand • Mid-frequency cetaceans (larger of the proposed rule (82 FR 61372; the frequency ranges marine mammals toothed whales, beaked whales, and December 12, 2017), we included a are able to hear. Current data indicate most delphinids): Generalized hearing is qualitative discussion of the different that not all marine mammal species estimated to occur between ways that activities in the EGTTR may have equal hearing capabilities (e.g., approximately 150 Hz and 160 kHz, potentially affect marine mammals Richardson et al., 1995; Wartzok and with best hearing from 10 to less than without consideration of mitigation and Ketten, 1999; Au and Hastings, 2008). 100 kHz; monitoring measures. • High-frequency cetaceans To reflect this, Southall et al. (2007) Previous Monitoring Results recommended that marine mammals be (porpoises, river dolphins, and members NMFS has previously issued IHAs divided into functional hearing groups of the genera Kogia and and an LOA to cover mission activities based on directly measured or estimated Cephalorhynchus; including two members of the genus Lagenorhynchus, in the EGTTR. For these missions, Eglin hearing ranges on the basis of available AFB conducted required monitoring behavioral response data, audiograms on the basis of recent echolocation data and genetic data): generalized hearing is activities and submitted monitoring derived using auditory evoked potential estimated to occur between reports. Between August 2013 and techniques, anatomical modeling, and approximately 275 Hz and 160 kHz. March 2014 nine maritime strike other data. Note that no direct • Pinnipeds in water; Phocidae (true operations testing missions were measurements of hearing ability have seals): Generalized hearing is estimated conducted in the EGTTR and no takes been successfully completed for to occur between approximately 50 Hz were recorded. In calendar year 2014, mysticetes (i.e., low-frequency to 86 kHz, with best hearing between 1– ten air-to-surface (A–S) gunnery cetaceans). Subsequently, NMFS (2016) 50 kHz; missions were conducted with no described generalized hearing ranges for • Pinnipeds in water; Otariidae (eared recorded takes. During 2015, eight A–S these marine mammal hearing groups. seals): Generalized hearing is estimated gunnery missions, and eight WSEP Generalized hearing ranges were chosen to occur between 60 Hz and 39 kHz, missions were conducted (only 4 of based on the approximately 65 dB with best hearing between 2–48 kHz. these missions used live munitions). No threshold from the normalized The pinniped functional hearing takes of protected species were composite audiograms, with the group was modified from Southall et al. recorded. For calendar year 2016, two exception for lower limits for low- (2007) on the basis of data indicating air-to-surface (A–S) gunnery missions, frequency cetaceans where the lower that phocid species have consistently eight WSEP missions, and two PSW bound was deemed to be biologically demonstrated an extended frequency missions were conducted with no takes implausible and the lower bound from range of hearing compared to otariids, recorded by observers. A report on 2017 Southall et al. (2007) retained. The especially in the higher frequency range EGTTR monitoring activities is hearing groups and the associated (Hemila¨ et al., 2006; Kastelein et al., currently under development. frequencies are indicated below (note 2009; Reichmuth and Holt, 2013). While no mortality, injury or take of that these frequency ranges correspond Two marine mammal species marine mammals was recorded during to the range for the composite group, (common bottlenose and Atlantic these exercises, animals were with the entire range not necessarily spotted dolphins) have the reasonable occasionally observed during pre-

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mission surveys on multiple mission predict the onset of behavioral producing air emboli that can restrict days. However, proper measures were harassment, PTS, tissue damage, and oxygen delivery to the brain or heart. taken (delay of missions while waiting mortality. Whereas a single mortality threshold on marine mammals to clear the area) to was previously used in acoustic impacts Acoustic Thresholds ensure no marine mammals were in the analysis, species-specific thresholds are area during the mission. Monitoring Using the best available science, currently required. Thresholds are based reports containing more detailed NMFS has developed acoustic on the level of impact that would cause information may be found at: https:// thresholds that identify the received extensive lung injury to one percent of www.fisheries.noaa.gov/national/ level of underwater sound above which exposed animals (i.e., an impact level marine-mammal-protection/incidental- exposed marine mammals would be from which one percent of exposed take-authorizations-military-readiness- reasonably expected to be behaviorally animals would not recover). (Finneran activities. harassed (equated to Level B and Jenkins, 2012). The threshold represents the expected onset of Estimated Take harassment) or to incur PTS of some degree (equated to Level A harassment). mortality, where 99 percent of exposed This section provides the number of Thresholds have also been developed to animals would be expected to survive. incidental takes, by stock, authorized identify the pressure levels above which Most survivors would have moderate through this final rule, which informs animals may incur different types of blast injuries. The lethal exposure level both NMFS’ consideration of the tissue damage from exposure to pressure of blast noise, associated with the negligible impact determination. waves from explosive detonation. positive impulse pressure of the blast, is For this military readiness activity, The criteria and thresholds used to expressed as Pa·s and is determined the MMPA defines ‘‘harassment’’ as: (i) estimate potential pressure and energy using the Goertner (1982) modified Any act that injures or has the impacts to marine mammals resulting positive impulse equation. This significant potential to injure a marine equation incorporates source/animal mammal or marine mammal stock in the from detonations were obtained from Finneran and Jenkins (2012). Criteria depths and the mass of a newborn calf wild (Level A Harassment); or (ii) Any for the affected species. The threshold is act that disturbs or is likely to disturb used to analyze impacts to marine mammals include mortality, harassment conservative because animals of greater a marine mammal or marine mammal mass can withstand greater pressure stock in the wild by causing disruption that causes or is likely to cause injury (Level A) and harassment that disrupts waves, and newborn calves typically of natural behavioral patterns, make up a very small percentage of any or is likely to disrupt natural behavior including, but not limited to, migration, cetacean group. patterns (Level B). Each category is surfacing, nursing, breeding, feeding, or For the actions described in this LOA, sheltering, to a point where such discussed below with additional details two species are expected to occur behavioral patterns are abandoned or provided in Appendix A of the within the EGTTR Study Area: The significantly altered (Level B application. bottlenose dolphin and the Atlantic Harassment). Mortality spotted dolphin. Finneran and Jenkins Authorized takes would primarily be (2012) provide known or surrogate by Level B harassment, as use of Mortality risk assessment may be masses for newborn calves of several explosive sources has the potential to considered in terms of direct injury, cetacean species. For the bottlenose result in disruption of behavioral which includes primary blast injury and dolphin, this value is 14 kilograms (kg) patterns and TTS for individual marine barotrauma. The potential for direct (31 pounds). Values are not provided for mammals. There is also some potential injury of marine mammals has been the Atlantic spotted dolphin and, for auditory injury and tissue damage inferred from terrestrial mammal therefore, a surrogate species, the (Level A harassment) to result. The experiments and from post-mortem striped dolphin (Stenella coeruleoalba), planned mitigation and monitoring examination of marine mammals is used. The mass provided for a measures are expected to minimize the believed to have been exposed to newborn striped dolphin calf is 7 kg (15 severity of such taking to the extent underwater explosions (Finneran and pounds). Impacts analysis for the practicable. As described previously, no Jenkins, 2012; Ketten et al., 1993; unidentified dolphin group (assumed to mortality is anticipated or authorized Richmond et al., 1973). Actual effects consist of bottlenose and Atlantic for this activity. Below we describe how on marine mammals may differ from striped dolphins) conservatively used the take is estimated. terrestrial animals due to anatomical the mass of the smaller spotted dolphin. Described in the most basic way, we and physiological differences, such as a The Goertner equation, as presented in estimate take by considering: (1) reinforced trachea and flexible thoracic Finneran and Jenkins (2012) is used in Acoustic thresholds above which NMFS cavity, which may decrease the risk of the acoustic model to develop impacts believes the best available science injury (Ridgway and Dailey, 1972). analysis in this LOA request. The indicates marine mammals will be Primary blast injuries result from the equation is provided in Table 16. behaviorally harassed or incur some initial compression of a body exposed to degree of permanent hearing a blast wave, and is usually limited to Injury (Level A Harassment) impairment; (2) the area or volume of gas-containing structures (e.g., lung and Potential injuries that may occur to water that will be ensonified above gut) and the auditory system (U.S. marine mammals include blast related these levels in a day; (3) the density or Department of the Navy, 2001b). injury: Gastrointestinal (GI) tract injury occurrence of marine mammals within Barotrauma refers to injuries caused and slight lung injury, and irrecoverable these ensonified areas; and, (4) and the when large pressure changes occur auditory damage. These injury number of days of activities. Below, we across tissue interfaces, normally at the categories are all types of Level A describe these components in more boundaries of air-filled tissues such as harassment as defined in the MMPA. detail and present the authorized take the lungs. Primary blast injury to the Slight Lung Injury—This threshold is estimate. respiratory system may be fatal based on a level of lung injury from Based on the best available science, depending upon the severity of the which all exposed animals are expected NMFS used the acoustic and pressure trauma. Rupture of the lung may to survive (zero percent mortality) thresholds indicated in Table 16 to introduce air into the vascular system, (Finneran and Jenkins, 2012). Similar to

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the mortality determination, the metric fall within the mid-frequency hearing levels below those considered to cause is positive impulse and the equation for category. The PTS thresholds use dual TTS in marine mammals, particularly in determination is that of the Goertner criteria, one based on cumulative SEL cases of multiple detonations. During an injury model (1982), corrected for and one based on peak SPL of an activity with a series of explosions (not atmospheric and hydrostatic pressures underwater blast. For a given analysis, concurrent multiple explosions shown and based on the cube root scaling of the more conservative of the two is in a burst), an animal is expected to body mass (Richmond et al., 1973; U.S. applied to afford the most protection to exhibit a startle reaction to the first Department of the Navy, 2001b). The marine mammals. The mid-frequency detonation followed by a behavioral equation is provided in Table 16. cetacean criteria for PTS are provided in response after multiple detonations. At Gastrointestinal Tract Injuries—GI Table 16. close ranges and high sound levels, tract injuries are correlated with the avoidance of the area around the peak pressure of an underwater Non-Injurious Impacts (Level B Harassment) explosions is the assumed behavioral detonation. GI tract injury thresholds response in most cases. Other are based on the results of experiments Two categories of Level B harassment behavioral impacts may include in the 1970s in which terrestrial are currently recognized: temporary decreased ability to feed, communicate, mammals were exposed to small threshold shift (TTS) and behavioral migrate, or reproduce, among others. charges. The peak pressure of the shock impacts. Although TTS is a Such effects, known as sub-TTS Level B wave was found to be the causal agent physiological impact, it is not harassment, are based on observations in recoverable contusions (bruises) in considered injury because auditory of behavioral reactions in captive the GI tract (Richmond et al., 1973, in structures are temporarily fatigued dolphins and beluga whales exposed to Finneran and Jenkins, 2012). The instead of being permanently damaged. pure tones, a different type of noise than experiments found that a peak SPL of TTS—Non-injurious effects on marine that produced from an underwater 237 dB re 1 mPa predicts the onset of GI mammals, such as TTS, are generally detonation (Finneran and Schlundt, tract injuries, regardless of an animal’s extrapolated from data on terrestrial 2004; Schlundt et al., 2000). For mass or size. Therefore, the unweighted mammals (Southall et al., 2007). Similar multiple, successive detonations (i.e., peak SPL of 237 dB re 1 mPa is used in to PTS, dual criteria are provided for detonations happening at the same explosive impacts assessments as the TTS thresholds, and the more location within a 24-hour period), the threshold for slight GI tract injury for all conservative is typically applied in threshold for behavioral disturbance is marine mammals. impacts analysis. TTS criteria are based set 5 dB below the SEL-based TTS Auditory Damage (PTS)—Another on data from impulse sound exposures threshold, unless there are species- or type of injury, permanent threshold when available. According to the most group-specific data indicating that a shift or PTS, is auditory damage that recent data (Navy, 2017) the TTS onset lower threshold should be used. This is does not fully recover and results in a thresholds for mid-frequency cetaceans based on observations of behavioral permanent decrease in hearing are based on TTS data from a beluga reactions in captive dolphins and sensitivity. As there have been no whale exposed to an underwater belugas occurring at exposure levels studies to determine the onset of PTS in impulse produced from a seismic approximately 5 dB below those causing marine mammals, this threshold is watergun. The TTS thresholds consist of TTS after exposure to pure tones estimated from available information the SEL of an underwater blast weighted (Finneran and Jenkins, 2012; Finneran associated with TTS. According to to the hearing sensitivity of mid- and Schlundt, 2004; Schlundt et al., research by the Navy (Navy, 2017) PTS frequency cetaceans and an unweighted 2000). thresholds are defined differently for peak SPL measure. The dual thresholds three groups of cetaceans based on their for TTS in mid-frequency cetaceans are Table 16 outlines the explosive hearing sensitivity: Low frequency, mid- provided in Table 16. thresholds, based on the best available frequency, and high frequency. science, used by NMFS to predict the Bottlenose and Atlantic spotted Behavioral Impacts onset of disruption of natural behavior dolphins that are the subject of the Behavioral impacts refer to patterns, PTS, tissue damage, and EGTTR acoustic impacts analysis both disturbances that may occur at sound mortality.

Marine Mammal Occurrence integrated 23 years of aerial and bottlenose dolphins, geographic shipboard surveys, linked them to modeling strata from MMPA stock Bottlenose and Atlantic spotted dolphin density estimates used in this environmental covariates obtained from boundaries and seasonal strata were not document were obtained from Duke remote sensing and ocean models, and defined because of the lack of University Marine Geospatial Ecology built habitat-based density models using information about seasonality in the Lab Reports (Roberts et al., 2016) which distance sampling methodology. For Gulf of Mexico, as well as substantial

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spatial and seasonal biases in survey entire W–151A area include AFSOC’s Atlantic spotted dolphins, and provides efforts (Roberts et al., 2015a). Therefore, Air-to-Surface Gunnery Training more realistic take calculations. bottlenose dolphin numbers were Operations and 413 FLTS’s AC–130J Raster data provided online from the modeled in the Gulf of Mexico using a Precision Strike Package Gunnery Duke University Marine Geospatial single year-round model. Similarly for Testing (Scenarios D, E, F, G, and H). Ecology Lab Report was imported into Atlantic spotted dolphins, there is no The other density estimate is considered ArcGIS and overlaid onto the W–151A evidence that this species migrates or a fine-scale estimate and is used for exhibits seasonal patterns in the Gulf of missions that are planned specifically area. Density values for each species Mexico, so a single, year-round model around the GRATV target area. The were provided in 10 x 10 km boxes. The that incorporated all available survey mission sets that utilize the nearshore large-scale estimates for W–151A were data was used (Roberts et al., 2015b). GRATV target location are 86th FWS obtained by averaging the density values The model results are available at the Maritime WSEP, 413 FLTS AC–130J and of these 100 km2 boxes within the W– OBIS–SEAMAP repository found online AC–130W Stand-Off Precision Guided 151A boundaries and converted to (http://seamap.env.duke.edu/). Munitions Testing, 780th TS Precision number of animals per km2. Fine-scale Two marine mammal density Strike Weapons, 780 TS/OGMT future estimates were calculated by selecting estimates were calculated for this LOA. missions, and 96th OG future missions nine 100 km2 boxes centered around the One density estimate is considered a (Scenarios A, B, C, and I through T). GRATV target location and averaging large-scale estimate and is used for Using two different density estimates the density values from those boxes. missions that could occur anywhere in based on the mission locations accounts Large-scale and fine-scale density W–151A, shoreward of the 200-m for the differences between inshore and estimates are provided in Table 17. isobath. The mission sets that utilize the offshore distribution of bottlenose and

TABLE 17—MARINE MAMMAL DENSITY ESTIMATES FOR EGTTR TESTING AND TRAINING ACTIVITIES

Large-scale Fine-scale density density Species estimate a estimate b (animals per (animals per km2) km2)

Bottlenose dolphin c ...... 0.276 0.433 Atlantic spotted dolphin d ...... 0.160 0.148 a Large-scale estimates incorporate the entire WÐ151A area. b Fine-scale estimates incorporate the nine 10 km2 boxes centered around the GRATV location. c Densities derived from Roberts et al. 2015a. d Densities derived from Roberts et al. 2015b.

Density estimates usually assume that evenly distributed from surface to not necessarily occur at the same depth animals are uniformly distributed bottom can present a distorted view of corresponding to the maximum sound within the prescribed area, even though marine mammal distribution in any and pressure ranges. this is likely rarely true. Marine region. Density is assumed to be two- A mission-day based analysis was mammals are often clumped in areas of dimensional, and exposure estimates utilized in order to model accumulated greater importance, for example, in are, therefore, simply calculated as the energy over a 24-hour timeframe where areas of high productivity, lower product of affected area, animal density, predation, safe calving, etc. and number of events. The resulting each mission-day scenario would be Furthermore, assuming that marine exposure estimates are considered considered a separate event. As mammals are distributed evenly within conservative, because all animals are described previously, Eglin AFB the water column does not accurately presumed to be located at the same developed multiple mission-day reflect behavior. Databases of behavioral depth, where the maximum sound and categories separated by mission groups and physiological parameters obtained pressure ranges would extend from and estimated the number of days each through tagging and other technologies detonations, and would, therefore, be category would be executed annually. In have demonstrated that marine animals exposed to the maximum amount of total, there are 20 different mission-day use the water column in various ways. energy or pressure. In reality, it is highly scenarios included in the acoustic Some species conduct regular deep likely that some portion of marine analysis Labeled A–T. Table 18 below dives while others engage in much mammals present near the impact area summarizes the number of days each shallower dives, regardless of bottom at the time of detonation would be at mission-day scenario, or event, would depth. Assuming that all species are various depths in the water column and be conducted annually in the EGTTR.

TABLE 18—ANNUAL NUMBER OF DAYS PLANNED FOR EACH MISSION CATEGORY DAY

Mission Number Mission groups category of mission day days/year

86 FWS Maritime WSEP ...... A 2 B 4 C 2 AFSOC Air-to-Surface Gunnery ...... D 25 E 45 413 FLTS PSP Gunnery ...... F 3 G 4

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TABLE 18—ANNUAL NUMBER OF DAYS PLANNED FOR EACH MISSION CATEGORY DAY—Continued

Mission Number Mission groups category of mission day days/year

H 4 413 FLTS SOPGM ...... I 2 J 2 K 2 L 2 780 TS Precision Strike Weapon ...... M 1 N 1 O 1 780 TS Other Tests ...... P 1 Q 4 96 OG Future Missions ...... R 1 S 2 T 10

Take Calculation and Estimation released in a 24-hour time period was surface to seafloor, centered at the calculated based on explosive acoustic sound source with a radius set equal to Eglin AFB completed acoustic characteristics, sound propagation, and the maximum range, Rmx, across all modeling to determine the distances sound transmission loss in the EGTTR. depths and azimuths at which the from their explosive ordnance Results are shown in Table 19. These particular metric is still above the corresponding to NMFS’ explosive calculations incorporated water depth, threshold. The total energy for all thresholds. These distances were then sediment type, wind speed, bathymetry, weapons released as part of a used with each species’ density to and temperature/salinity profiles. representative mission day was determine exposure estimates. Below is Transmission loss was calculated from calculated to assess impacts from the a summary of the methodology for those the explosive source depth down to an accumulated energy resulting from modeling efforts. Appendix A in the array of water depth bins (0 to 160 m). multiple weapon releases within a 24- application provides additional details. Impact volumes were computed for each hour period. The number of animals The maximum estimated range, or explosive source (based on the total impacted is computed by multiplying radius, from the detonation point to the number of munitions released on a the area of a circle with radius Rmax, by point at which the various thresholds representative mission day). The impact the original animal density given in extend for all munitions planned to be volume is a cylinder extending from animal per km2. TABLE 19—THRESHOLD RADII (IN KILOMETERS) FOR EGTTR AIR-TO-SURFACE TESTING AND TRAINING

Mortality Level A harassment Level B harassment Slight lung TTS Behavioral Mission-day category Modified injury GI tract injury PTS Goertner Modified 170 224 dB Peak 165 Model 1 Goertner 237 185 230 dB Peak dB SEL SPL dB SEL Model 2 dB SPL dB SEL SPL

Bottlenose Dolphin

A ...... 0.427 0.768 0.348 1.039 0.705 5.001 1.302 8.155 B ...... 0.107 0.225 0.156 0.43 0.317 2.245 0.585 3.959 C ...... 0.037 0.085 0.083 0.32 0.169 1.128 0.312 1.863 D ...... 0.024 0.055 0.059 0.254 0.12 0.982 0.222 1.413 E ...... 0.01 0.024 0.034 0.232 0.069 0.878 0.126 1.252 F ...... 0.003 0.007 0.019 0.096 0.033 0.218 0.062 0.373 G ...... 0.024 0.055 0.059 0.167 0.12 0.552 0.222 0.809 H ...... 0.006 0.015 0.025 0.097 0.051 0.229 0.093 0.432 I ...... 0.023 0.054 0.059 0.125 0.119 0.328 0.22 0.572 J ...... 0.045 0.101 0.096 0.167 0.195 0.555 0.36 0.812 K ...... 0.057 0.128 0.117 0.164 0.237 0.541 0.438 0.795 L ...... 0.057 0.128 0.117 0.2 0.237 0.654 0.438 0.953 M ...... 0.12 0.249 0.22 0.211 0.447 0.761 0.825 1.123 N ...... 0.076 0.168 0.149 0.202 0.302 0.671 0.557 0.982 O ...... 0.047 0.107 0.101 0.136 0.204 0.432 0.376 0.64 P ...... 0.051 0.115 0.107 0.116 0.217 0.271 0.4 0.527 Q ...... 0.007 0.016 0.026 0.073 0.053 0.149 0.098 0.207 R ...... 0.427 0.768 0.348 0.811 0.705 4.316 1.302 6.883 S ...... 0.142 0.286 0.156 0.692 0.317 3.941 0.585 5.132 T ...... 0.024 0.055 0.059 0.224 0.12 0.837 0.222 1.209

Atlantic Spotted Dolphin

A ...... 0.504 0.886 0.348 1.039 0.705 5.001 1.302 8.155 B ...... 0.133 0.266 0.156 0.43 0.317 2.245 0.585 3.959 C ...... 0.047 0.104 0.083 0.32 0.169 1.128 0.312 1.863 D ...... 0.03 0.067 0.059 0.254 0.12 0.982 0.222 1.413 E ...... 0.013 0.03 0.034 0.232 0.069 0.878 0.126 1.252

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TABLE 19—THRESHOLD RADII (IN KILOMETERS) FOR EGTTR AIR-TO-SURFACE TESTING AND TRAINING—Continued

Mortality Level A harassment Level B harassment Slight lung TTS Behavioral Mission-day category Modified injury GI tract injury PTS Goertner Modified 170 224 dB Peak 165 Model 1 Goertner 237 185 230 dB Peak dB SEL SPL dB SEL Model 2 dB SPL dB SEL SPL

F ...... 0.004 0.009 0.019 0.096 0.033 0.218 0.062 0.373 G ...... 0.03 0.067 0.059 0.167 0.12 0.552 0.222 0.809 H ...... 0.008 0.018 0.025 0.097 0.051 0.229 0.093 0.432 I ...... 0.03 0.067 0.059 0.125 0.119 0.328 0.22 0.572 J ...... 0.057 0.124 0.096 0.167 0.195 0.555 0.36 0.812 K ...... 0.072 0.157 0.117 0.164 0.237 0.541 0.428 0.795 L ...... 0.072 0.157 0.117 0.2 0.237 0.654 0.438 0.953 M ...... 0.15 0.29 0.22 0.211 0.447 0.761 0.825 1.123 N ...... 0.096 0.201 0.149 0.202 0.302 0.671 0.557 0.982 O ...... 0.06 0.131 0.101 0.136 0.204 0.432 0.376 0.64 P ...... 0.065 0.141 0.107 0.116 0.217 0.271 0.4 0.527 Q ...... 0.009 0.02 0.026 0.073 0.053 0.149 0.098 0.207 R ...... 0.504 0.886 0.348 0.811 0.705 4.316 1.302 6.883 S ...... 0.172 0.336 0.156 0.692 0.317 3.941 0.585 5.132 T ...... 0.03 0.067 0.059 0.224 0.12 0.837 0.222 1.209

The ranges presented above were used adjusted for the appropriate weighting Atlantic spotted dolphin. However, the to calculate the total area (circle) of the function value of that frequency band. modeling is conservative and it did not zones of influence for each criterion/ Similarly, a ‘‘take’’ would occur for include implementation of the threshold. To eliminate ‘‘double- impulse and peak SPL metrics if the mitigation and monitoring measures, counting’’ of animals, impact areas from received level is equal to or above the and therefore we believe that mortality higher impact categories (e.g., mortality) associated threshold. For impact is unlikely. Further, the potential for were subtracted from areas associated categories with multiple criteria (e.g., Level A harassment takes would be with lower impact categories (e.g., Level slight lung injury, GI tract injury, and significantly reduced. As such, NMFS is A harassment). The estimated number of PTS for Level A harassment) and criteria not authorizing any take due to marine mammals potentially exposed to with two thresholds (e.g., 187 dB SEL mortality. and 230 peak SPL for PTS), the criterion the various impact thresholds was Animals from the Northern Gulf of calculated with a two-dimensional and/or threshold that yielded the highest exposure estimate was utilized Mexico stock of spotted dolphins and approach, as the product of the adjusted for analysis of detonation impacts and the Northern Gulf of Mexico Continental impact area, animal density, and annual shows the total numbers of marine shelf stock of bottlenose dolphins are number of events for each mission-day mammals potentially affected by all likely to be affected. There is also a category. The calculations generally EGTTR testing and training mission chance that a limited number of resulted in decimal values, suggesting activities annually (See Table 20). These bottlenose dolphins from the Gulf of that, in most cases, a fraction of an exposure estimates do not take into Mexico Northern Coastal stock could be animal was exposed. The results were account the mitigation and monitoring affected. Animals from this stock are therefore rounded at the annual measures that are expected to decrease known to occur in waters greater than mission-day level and then summed for the potential for impacts. 20 m in depth. Even though the 20 m each criterion to obtain total annual take Acoustic analysis results indicate the isopleth delineates the stock’s range, it estimates from all EGTTR mission potential for injury and non-injurious is an artificial boundary used for activities. A ‘‘take’’ is considered to harassment (including behavioral management purposes and is not occur for SEL metrics if the received harassment) to marine mammals in the ecologically based. However, most of level is equal to or above the associated absence of mitigation measures. the bottlenose dolphins potentially threshold within the appropriate Mortality was calculated as one (1) for affected would be part of the Northern frequency band of the sound received, bottlenose dolphins and zero (0) for Gulf of Mexico Continental shelf stock.

TABLE 20—TOTAL NUMBER OF MARINE MAMMALS AUTHORIZED TO BE TAKEN ANNUALLY BY AIR-TO-SURFACE TESTING AND TRAINING MISSIONS IN THE EGTTR

Level A harassment Level B harassment Species Slight lung PTS TTS injury (SEL) (SEL) Behavioral

Bottlenose dolphin ...... 2 7 220 315 Atlantic spotted dolphin ...... 0 2 85 120

Total ...... 2 9 305 435

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Mitigation Timing Restrictions—With the surveyed, whichever comes first. At In order to issue an LOA under exception of gunnery operations, approximately 30 minutes prior to live Section 101(a)(5)(A) of the MMPA, missions will take place no earlier than weapon deployment, marine species NMFS must set forth the permissible two hours after sunrise. This measure observers will be instructed to leave the methods of taking pursuant to such provides observers with adequate mission site and remain outside the activity, and other means of effecting visibility necessary for two hour pre- safety zone, which on average will be 15 the least practicable impact on such mission monitoring. Missions must also miles from the detonation point. be completed at least 30 minutes before The duration of pre-mission surveys species or stock and its habitat, paying sunset which will allow adequate will depend on the area required to be particular attention to rookeries, mating visibility for post-mission monitoring. surveyed and survey platforms (vessels grounds, and areas of similar Trained Observers—All monitoring versus aircraft). All marine mammal significance, and on the availability of will be conducted by personnel who sightings including the species (if such species or stock for taking for have completed Eglin’s Marine Species possible), number, location, and certain subsistence uses (latter not Observer Training Course, which was behavior of the animals will be applicable for this action). developed in cooperation with NMFS. documented on report forms that will be The NDAA of 2004 amended the This training includes a summary of submitted to Eglin AFB after each MMPA as it relates to military-readiness environmental laws, consequences of mission. Missions will be postponed, activities and the incidental take non-compliance, description of an relocated, or cancelled based on the authorization process such that ‘‘least observer’s role, pictures and presence of protected species within the practicable adverse impact’’ shall descriptions of protected species and survey areas. include consideration of personnel protected species indicators, survey Post-mission monitoring is designed safety, practicality of implementation, methods, monitoring requirements, and to determine the effectiveness of pre- and impact on the effectiveness of the reporting procedures. The training will mission mitigation by reporting military readiness activity. be provided to user groups either sightings of any dead or injured marine In evaluating how mitigation may or electronically or in person by an Eglin mammals. Post-detonation monitoring may not be appropriate to ensure the AFB representative. Any person acting surveys will commence once the least practicable adverse impact on as an observer for a particular mission mission has ended or, if required, as species or stocks and their habitat, as must have completed the training soon as the mission area is declared well as subsistence uses where within the year prior to the mission. safe. Vessels will move into the survey applicable, we carefully consider two Names of personnel who have area from outside the safety zone and primary factors: completed the training will be monitor for at least 30 minutes. The (1) The manner in which, and the submitted to Eglin AFB along with the duration of post-mission surveys will degree to which, the successful date of completion. In cases where vary based on survey platform. Similar implementation of the measure(s) is multiple survey platforms are required to pre-mission surveys, all sightings expected to reduce impacts to marine to cover large survey areas, a Lead would be properly documented on mammals, marine mammal species or Biologist will be designated to lead all report forms and submitted to Eglin stocks, and their habitat. This considers monitoring efforts and coordinate AFB. Any marine mammals that are the nature of the potential adverse sighting information with the Test detected in the ZOI during post-mission impact being mitigated (likelihood, Director or Safety Officer. surveys and for which takes are scope, range). It further considers the Pre- and Post-Mission Monitoring— authorized will be counted as Level B likelihood that the measure will be For each live mission, at a minimum, takes. Furthermore, any marine mammal effective if implemented (probability of pre- and post-mission monitoring will observed in the ZOI for which take is accomplishing the mitigating result if be required. Missions will occur no not authorized will be reported implemented as planned) and the earlier than two hours after sunrise and immediately to the Office of Protected likelihood of effective implementation no later than two hours prior to sunset Resources, NMFS. (probability of being implemented as to ensure adequate daylight for pre- and If any marine mammals are killed or planned); and post-mission monitoring, with the injured as a result of the mission, Eglin (2) the practicability of the measures exception of AFSOC and the 413 FLTS AFB would be contacted immediately. for applicant implementation, which gunnery missions. In those cases, Observers would document the species may consider such things as cost, aircrews will utilize aircraft or description of the animal, location, impact on operations, and, in the case instrumentation and sensors to monitor and behavior and, if practicable, take of a military readiness activity, the area. pictures and maintain visual contact personnel safety, practicality of Monitoring will be conducted from a with the animal. Eglin AFB must notify implementation, and impact on the given platform depending on the the Director, Office of Protected effectiveness of the military readiness specific mission. The purposes of pre- Resources, NMFS, or designee, by activity. mission monitoring are to (1) evaluate telephone (301–427–8401), and the the mission site for environmental Southeast Regional Office immediately Mitigation for Marine Mammals and suitability and (2) verify that the ZOI is and await further instructions or the Their Habitat free of visually detectable marine arrival of a response team on-site, if Eglin AFB will employ practicable mammals and potential marine mammal feasible. Activities shall cease and not and effective mitigation measures, indicators. USAF range clearing vessels resume until NMFS is able to review the which include a careful balancing of the and protected species survey vessels circumstances of the prohibited take. likely benefit of any particular measure will be on-site at least two hours prior Mission Delay under Poor Sea State to the marine mammals with the likely to the mission. Vessel-based surveys Conditions—Weather conducive to effect of that measure on personnel will begin approximately one and one- marine mammal monitoring is required safety, practicality of implementation, half hours prior to live weapon to effectively conduct the pre- and post- and impact on the military-readiness deployment. Surveys will continue for mission surveys. Wind speed and the activity. Required mitigation measures approximately one hour or until the resulting surface conditions are critical include the following: entire ZOI has been adequately factors affecting observation

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effectiveness. Higher winds typically threshold range listed in Table 19 radii for Atlantic spotted dolphins for increase wave height and create represents a radius of impact for a given mission-day categories D through H ‘‘whitecap’’ conditions, both of which threshold of each munition/detonation (between 0.4 km and 1.4 km (0.2 and 0.8 limit an observer’s ability to locate scenario. These ranges are used for nmi)) shows that a much larger area will marine species at or near the surface. determining the size of the area required be covered by this monitoring Air-to-surface missions will be delayed to be monitored during pre-mission procedure. or rescheduled if the sea state is greater surveys for each activity. For any Mission Delay Associated with than number 4 as listed in Table 21 at mission involving live munitions (other Animals in Zone of Influence—A the time of the mission. Protected than gunnery rounds) an area extending mission delay of live ordnance mission species observers or the Lead Biologist out to the PTS harassment range for the activities will occur if a protected will make the final determination of corresponding mission-day scenario species, large schools of fish, or large whether or not conditions are conducive will be completely cleared of marine flocks of birds feeding at the surface are to sighting protected species. mammals prior to release of the first live observed within the Level B harassment ordnance. Depending on the mission- ZOI. Mission activities cannot resume TABLE 21—SEA STATE SCALE FOR day scenario, the corresponding radius until one of the following conditions is EGTTR PRE-MISSION SURVEYS could be between 73 m for a live fuse met: (1) Marine mammal is confirmed to surface detonation associated with be outside of the ZOI on a heading away Sea state No. Sea conditions mission-day scenario Q, and 1,039 m from the target area; (2) marine mammal associated with mission-day scenario A. is not seen again for 30 minutes and 0 ...... Flat, calm, no waves or This would help ensure that no marine presumed to be outside the Level A ZOI; ripples. mammals will be within any of the 1 ...... Light air, winds 1Ð2 knots; or (3) large groupings of fish or birds Level A harassment or mortality zones leading to required delay are confirmed wave height to 1 foot; during a live detonation event, ripples without crests. outside the ZOI. significantly reducing the potential for 2 ...... Light breeze, winds 3Ð6 Mission Abort if Sperm or Baleen knots; wave height 1Ð2 these types of impacts to occur. Some missions will be delayed to Whales Observed During Pre-mission feet; small wavelets, Monitoring —Marine mammal species crests not breaking. allow survey platforms to evacuate the 3 ...... Gentle breeze, winds 7Ð10 human safety zone after pre-missions found in the Gulf of Mexico, including knots; wave height 2Ð3.5 surveys are completed. For these the Federally listed sperm whale and feet; large wavelets, delayed missions, Eglin proposes to the Bryde’s whale, which is proposed scattered whitecaps. include a buffer around the survey area for ESA listing, occur with greater 4 ...... Moderate breeze, winds that would extend to the TTS regularity in waters over and beyond the 11Ð16 knots; wave harassment zone for the corresponding continental shelf break. To avoid height 3.5Ð6 feet; break- mission-day scenario. This would impacts to the sperm whale, AFSOC has ing crests, numerous agreed to conduct all gunnery missions whitecaps. double, and in some cases triple, the size of the survey area for the PTS zone. within (shoreward of) the 200-m This buffer will mitigate for the isobath, which is considered to be the Visibility is also a critical factor for potential that an animal outside the area shelf break for purposes of this flight safety issues when aerial surveys during pre-mission surveys would enter document. Furthermore, mission are being conducted. Therefore, a the Level A harassment or mortality activities will be aborted/suspended for minimum ceiling of 305 m (1,000 ft) and zones during a mission. However, the remainder of the day if one or more visibility of 5.6 km (3 nmi) is required missions that consist solely of gunnery sperm or baleen whales are detected to support monitoring efforts and flight testing and training operations will during pre-mission monitoring activities safety concerns. actually survey larger areas based on as no takes of these species have been Determination of ZOI Survey Areas— previously established safety profiles authorized. This measure will The ZOI is defined as the area or and the ability to conduct aerial surveys incidentally provide greater protection volume of ocean in which marine of large areas from mission aircraft. to several other species as well. Trained mammals could be exposed to various These ranges are shown in Table 22. observers will also be instructed to be pressure or acoustic energy levels Comparing the monitoring area below vigilant in ensuring Bryde’s whales are caused by exploding ordnance. Each with behavioral harassment threshold not in the ZOI.

TABLE 22—MONITORING AREA RADII FOR GUNNERY MISSIONS

Aircraft Gunnery round Monitoring area Monitoring altitude Operational altitude

ACÐ130 gunship ...... 25 mm, 30 mm, 40 mm, 105 mm 5 nmi (9,260 m) ...... 6,000 ft ...... 15,000Ð20,000 ft. (FU and TR). CVÐ22 Osprey ...... 50 cal, 7.62 mm ...... 3 nmi (5,556 m) ...... 1,000 ft ...... 1,000 ft. cal = caliber; ft = feet; FU = full up; m = meters; mm = millimeter; nmi = nautical miles; TR = Training Round.

Mitigation Measures for Gunnery interrupted for more than 10 minutes, times more HE than that found in the Actions—Eglin AFB has identified and and eliminating missions conducted next largest round (40 mm). As a required implementation of operational over waters beyond the continental mitigation technique, the USAF mitigation measures for gunnery shelf. developed a 105-mm TR that contains missions, including development of the The largest type of ammunition used only 0.35 pounds of HE. The TR was 105-mm TR, use of ramp-up procedures during gunnery missions is a 105-mm developed to substantially reduce the (explained below), re-initiation of round, which contains 4.7 pounds of risk of harassment during nighttime species surveys if live fire activities are high explosive (HE). This is several operations, when visual surveying for

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marine mammals is of limited determined that the mitigation measures The following monitoring options effectiveness (however, monitoring by provide the means effecting the least have been developed to support various use of the AC–130’s instrumentation is practicable impact on the affected types of air-to-surface mission activities effective at night). species or stocks and their habitat, that may be conducted in the EGTTR. Ramp-up procedures refer to the while also considering personnel safety, Eglin AFB users covered by this LOA process of beginning with the least practicality of implementation, and the must meet specific test or training impactive action and proceeding to impact of effectiveness of the military objectives and safety requirements and more impactive actions. In the case of readiness activity. have different assets available to execute gunnery activities, ramp-up procedures the pre- and post-mission surveys. The Monitoring and Reporting entail beginning a mission with the monitoring options and mitigation lowest caliber munition and proceeding In order to issue an incidental take measures described in the subsections to the highest, which means the authorization for an activity, Section below balance all mission-essential munitions would be fired in the order 101(a)(5)(A) of the MMPA states that parameters with measures that will of 25 mm, 40 mm, and 105 mm. The NMFS must set forth, ‘‘requirements support adequate protection to marine rationale for the procedure is that this pertaining to the monitoring and mammals. Monitors will search for any process may allow marine species to reporting of such taking.’’ The MMPA marine mammal, including species for perceive steadily increasing noise levels implementing regulations at 50 CFR which takes have been and have not and to react, if necessary, before the 216.104 (a)(13) indicate that requests for been authorized. Monitors will be noise reaches a threshold of authorizations must include the instructed to be extra vigilant in significance. suggested means of accomplishing the ensuring that species of concern, If use of gunship weapons is necessary monitoring and reporting that including the sperm whale (listed as interrupted for more than 10 minutes, will result in increased knowledge of endangered under the ESA) and Bryde’s Eglin AFB would be required to the species and of the level of taking or whale (proposed for listing under the reinitiate applicable protected species impacts on populations of marine ESA) are clear of the ZOI during testing surveys in the ZOI to ensure that no mammals that are expected to be and training activities. marine mammal species entered into the present in the action area. Effective Vessel-based Monitoring—Pre- ZOI during that time. reporting is critical to compliance as mission surveys conducted from surface The AC–130 gunship weapons are well as ensuring that the most value is vessels will typically begin at sunrise. used in two phases. First, the guns are obtained from the required monitoring. Trained observers will be aboard checked for functionality and calibrated. Monitoring and reporting designated vessels to conduct protected This step requires an abbreviated period requirements prescribed by NMFS species surveys before and after each of live fire. After the guns are should contribute to improved mission. These vessels will be dedicated determined ready for use, the aircraft understanding of one or more of the solely to monitoring for protected deploys a flare onto the surface of the following: marine species and species indicators water as a target, and the mission • Occurrence of marine mammal during the pre-mission surveys. For proceeds under various test and training species or stocks in the area in which missions that require multiple vessels to scenarios. This second phase involves a take is anticipated (e.g., presence, conduct surveys based on the size of the more extended period of live fire and abundance, distribution, density); survey area, a Lead Biologist will be can incorporate use of one or any • Nature, scope, or context of likely designated to coordinate all survey combination of the munitions available marine mammal exposure to potential efforts, compile sighting information (25-mm, 40-mm, and 105-mm rounds). stressors/impacts (individual or from the other vessels, function as the A ramp-up procedure will be required cumulative, acute or chronic), through point of contact between the survey for the initial calibration phase and, better understanding of: (1) Action or vessels and Tower Control on Santa after this phase, the guns may be fired environment (e.g., source Rosa Island, and provide final in any order. Eglin AFB believes this characterization, propagation, ambient recommendations to the Safety Officer/ process will allow marine species the noise); (2) affected species (e.g., life Test Director on the suitability of the opportunity to respond to increasing history, dive patterns); (3) co-occurrence mission site based on environmental noise levels. If an animal leaves the area of marine mammal species with the conditions and survey results. during ramp-up, it is unlikely to return action; or (4) biological or behavioral Survey vessels will run pre- during the live-fire mission. This context of exposure (e.g., age, calving or determined line transects, or survey protocol provides a more realistic feeding areas); routes, that will provide sufficient training experience for aircrews. In • Individual marine mammal coverage of the survey area. Monitoring combat situations, gunship crews would responses (behavioral or physiological) activities will be conducted from the not necessarily fire the complete to acoustic stressors (acute, chronic, or highest point feasible on the vessels. ammunition load of a given caliber gun cumulative), other stressors, or There will be at least two dedicated before proceeding to another gun. cumulative impacts from multiple observers on each vessel, and they will Rather, a combination of guns might be stressors; utilize optical equipment with sufficient used as required by real-time situations. • How anticipated responses to magnification to allow observation of An additional benefit of this protocol is stressors impact either: (1) Long-term surfaced animals. that mechanical or ammunition fitness and survival of individual All sighting information from pre- problems with an individual gun can be marine mammals; or (2) populations, mission surveys will be communicated resolved while live fire continues with species, or stocks; to the Lead Biologist on a pre- functioning weapons. This diminishes • Effects on marine mammal habitat determined radio channel to reduce the possibility of pause in live fire (e.g., marine mammal prey species, overall radio chatter and potential lasting 10 minutes or more, which acoustic habitat, or other important confusion. After compiling all the would necessitate reinitiation of physical components of marine sighting information from the other protected species surveys. mammal habitat); and survey vessels, the Lead Biologist will Based on our evaluation of Eglin • Mitigation and monitoring inform Tower Control on Santa Rosa AFB’s planned measures, NMFS has effectiveness. Island on whether the area is clear of

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protected species or not. If the range is protected species sightings or civilian via live high-definition video feed not clear, the Lead Biologist will boat traffic interference, will be the transmitted to CCF. Video monitoring provide recommendations on whether responsibility of the Safety Officer, with typically facilitates data collection for the mission should be delayed or concurrence from the Test Director. the mission but can also allow remote cancelled. For example, a mission delay Aerial-based Monitoring—Aircraft viewing of the area for determination of would be recommended if a small typically provide an excellent viewing environmental conditions and the number of protected species are in the platform for detection of marine presence of marine species up to the ZOI but appear to be on a heading away mammals at or near the surface. release time of live munitions. There are from the mission area. The delay would Depending on the mission, the aerial multiple sources of video that can be continue until the Lead Biologist has survey team will either consist of Eglin streamed to multiple monitors within confirmed that the animals are no longer AFB personnel or their designees aboard CCF. When authorized for specific in the ZOI and traveling away from the a non-mission aircraft or the mission missions (e.g., Maritime WSEP), a mission site. On the other hand, a aircrew who have completed the Marine trained marine species observer from mission cancellation could be Species Observer Training. A Eglin AFB will monitor all live video recommended if one or more protected description of each follows. feed transmitted to CFF and will report species in the ZOI are found and there For non-mission aircraft, the pilot will any marine mammal sightings to the is no indication that they would leave be instructed in protected marine Safety Officer, who will also be at CCF. the area on their own within a species survey techniques and will be Employing this measure typically reasonable timeframe. Tower Control on familiar with marine species expected to resolves any lapse between the time Santa Rosa Island will relay the Lead occur in the area. One person in the survey vessels or aircraft leave the safety Biologist’s recommendation to the aircraft will act as data recorder and is zone after completing pre-mission Safety Officer. The Safety Officer and responsible for relaying the location, surveys but before the mission actually Test Director will collaborate regarding species (if possible), direction of begins. range conditions based on the movement, and number of animals The primary platform for video information provided by the Lead sighted to the Lead Biologist. The aerial monitoring would be through the Biologist and the status of range clearing team will also identify protected species GRATV. Four video cameras are vessels. The Safety Officer will have indicators such as large schools of fish typically positioned on the GRATV final authority on decisions regarding and large, active groups of birds. Pilots (anchored on-site) to allow for real-time delays and cancellations of missions. will fly the aircraft in such a manner monitoring and data collection during USAF Support Vessels—USAF that the entire ZOI (and a buffer, if the mission. The cameras will also be support vessels will consist of a required) is monitored. Marine mammal used to monitor for the presence of combination of USAF and civil service/ sightings from the aerial survey team protected species. All cameras have a civilian personnel responsible for will be compiled by the Lead Biologist zoom capability of up to at least a 300- mission site/target setup and range and communicated to the Test Director mm equivalent. At this setting, when clearing activities. USAF personnel will or Safety Officer. Similar to survey targets are at a distance of 2 nmi from be within the mission area (on boats and vessel requirements, all non-mission the GRATV, the field of view would be the GRATV) for each mission well in personnel will be required to exit the 195 ft by 146 ft. Video observers can advance of weapon deployment, human safety zone before the mission detect an item with a minimum size of typically near sunrise. They will can commence. As a result, the ZOI may 1 square foot up to 4,000 m away. The perform a variety of tasks including not be monitored up to immediate GRATV will typically be located about target preparation, equipment checks, deployment of live weapons. Due to this 183 m (600 ft) from the target area; this etc., and will observe for marine fact, the aerial team may be required to range is well within the zooming mammals and indicators as feasible survey an additional buffer zone unless capability of the video cameras. throughout test preparation. However, other monitoring assets, such as live Supplemental video monitoring can such observations are considered video monitoring, can be employed. also be accomplished through the incidental and would only occur as time Some mission aircraft have the employment of additional aerial assets, and schedule permits. Any sightings capability to conduct aerial surveys when available. Eglin’s aerostat balloon would be relayed to the Lead Biologist. immediately prior to releasing provides aerial imagery of weapon The Eglin Safety Officer, in munitions. In those instances, aircrews impacts and instrumentation relay. cooperation with the Tower Control on that have completed the marine species When utilized, it is tethered to a boat Santa Rosa Island will coordinate and observer training will make several anchored near the GRATV but outside manage all range clearing efforts and be passes over the target area to ensure the weapon impact areas. The balloon can in direct communication with the area is clear of all protected species. For be deployed to an altitude up to 2,000 survey vessel team, typically through mission aircraft in this category, ft above sea level. It is equipped with a the Lead Biologist. All support vessels aircrews will operate at reasonable and high-definition camera system that is will be in radio contact with one safe altitudes (dependent on the aircraft) remotely controlled to pivot and focus another and with Tower Control. The appropriate to either visually scan the on a specific target or location within Safety Officer will monitor all radio sea surface or utilize available the mission site. The video feed from communications, but Tower Control instrumentation and sensors to detect the camera system is transmitted to will relay messages between the vessels protected species. Typical missions in CCF. Eglin may also employ other assets and the Safety Officer. The Safety this category are air-to-surface gunnery such as intelligence, surveillance, and Officer and Tower Control will also be operations from AC–130 and CV–22 reconnaissance aircraft to provide real- in continual contact with the Test gunships. In some cases, other aerial time imagery or relay targeting pod Director throughout the mission and platforms may be available to videos from mission aircraft. Unmanned will convey information regarding range supplement monitoring activities for aerial vehicles may also be employed to clearing progress and protected species pre-mission surveys and during the provide aerial video surveillance. While survey status. Final decisions regarding missions. each of these platforms may not be mission execution, including possible Video-based Monitoring—Video- available for all missions, they typically mission delay or cancellation based on based monitoring may be accomplished can be used in combination with each

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other and with the GRATV cameras to rudimentary PAM study is successfully or night use. The IDS is capable of supplement marine mammal monitoring implemented, the USAF cannot commit detecting very small thermal efforts. to PAM as a mitigation measure, which differences. CV–22 aircraft have similar Even with a variety of platforms would add multiple layers of visual scanners and operable sensors; potentially available to supply video complexities required to detect and however, they operate at much lower feeds to CCF, the entire ZOI may not be localize marine mammals during a live altitudes than the AC–130 gunships, visible for the entire duration of the mission event. Furthermore, Eglin and no HE rounds will be fired from mission. However, the targets and would need to gain better understanding these aircraft. immediately surrounding areas will of PAM capabilities so mission- If any marine mammals are detected typically be in the field of view of the appropriate procedures could be during pre-mission surveys or during GRATV cameras and the observer will developed for making go/no-go the mission, activities will be be able to identify any protected species decisions in a timely manner. Given the immediately halted until the ZOI area is that may enter the target area before level of success with current mitigation clear of all marine mammals, or the weapon releases. In addition, the procedures and the high level of mission will be relocated to another observer will be able to determine if any unknowns associated with target area. If the mission is relocated, animals were injured immediately implementing PAM as part of mitigation the pre-mission survey procedures will following the detonations. Should a procedures for USAF activities, Eglin be repeated. In addition, if multiple protected marine species be detected on AFB and NMFS agreed that using PAM firing missions are conducted within the the live video, the weapon release can as a real-time mitigation measure is not be stopped almost immediately because practicable at this time. same flight, clearance procedures will the video camera observer is in direct AC–130 and CV–22 Gunship precede each mission. contact with Test Director and Safety Procedures—After arriving at the Gunship crews will conduct a post- Officer at CCF. mission site and prior to initiating firing mission survey beginning at the Acoustic Monitoring—Eglin will events, gunships will conduct at least operational altitude and proceeding conduct a NMFS-approved PAM study two complete orbits around the survey through a spiraling descent to the as an initial step towards understanding area at a minimum safe airspeed around designated monitoring altitude. It is acoustic impacts from underwater the mission site at the appropriate anticipated that the descent will occur detonations. During a live mission monitoring altitude. Provided that over a three- to five-minute time period. event, the Eglin AFB proposes to collect marine mammals (and other protected During this time, aircrews will use data that measures energy and pressure species or indicators) are not detected, similar equipment and instrumentation levels from varying distances away from the aircraft will then begin the ascent to to scan the water surface for animals weapon impact points. The data would operational altitude, continuing to orbit that may have been impacted during the likely be recorded by hydrophones the target area as it climbs. The initial gunnery mission. During daytime attached to buoys that are deployed just orbits occur over a timeframe of missions, visual scans will be used as before the mission. After mission approximately 10 to 15 minutes. well. activities, the buoys would be collected, Monitoring for marine mammals, Coordination with Eglin Natural then the data would be downloaded and vessels, and other objects will continue Resources Office—Prior to conducting analyzed. The results would be throughout the mission. If a towed target live missions, proponents will compared to the various ranges to is used, mission personnel will ensure coordinate with Eglin Natural Resources effects for Level A and Level B that the target remains in the center to be briefed on their mitigation and Harassment that were calculated with portion of the survey area to ensure monitoring requirements. Throughout the acoustic model. Eglin will also gunnery impacts do not extend past the coordination efforts, mission assets conduct PAM for marine mammal ZOI. available for monitoring will be vocalizations before, during, and after During the low-altitude orbits and identified and an implementation plan live missions in the EGTTR. Once climb, the aircrew will visually scan the will be developed. Based on the assets, funding for these efforts is secured, sea surface within the aircraft’s orbit survey routes will be designed to Eglin AFB will work closely with NMFS circle for the presence of marine incorporate the size of the monitoring to develop a research plan that will mammals. The surface scan will area and determine whether a buffer meet mutually agreeable objectives. primarily be conducted by the flight As previously described in the crew in the cockpit and personnel will be required. Training and reporting response to Comment #2, Eglin AFB and stationed in the tail observer bubble and requirements will also be NMFS have discussed the possibility of starboard viewing window. During communicated to the proponents employing PAM as a required mitigation nighttime missions, crews will use night The following table lists known measure during EGTTR activities. vision goggles during observation. In proponents and the monitoring However, human safety concerns and addition to visual surveys, aircraft platforms that may be employed for the inability to make mission go/no-go optical and electronic sensors will also marine mammal monitoring before, decisions in a timely manner are the be used for site clearance. AC–130 during, and after live air-to-surface most immediate obstacles for Eglin AFB gunships are equipped with low-light missions. As stated above, coordination implementing real-time PAM during TV cameras and infrared detection sets with proponents before live missions live weapon missions in the EGTTR. (IDSs). The TV cameras operate in a will ensure these options are still As noted previously, Eglin’s current range of visible and near-visible light. available, as well as any changes to boat and aerial pre- and post-mission Infrared systems are capable of detecting assets or mission capabilities for new visual surveys have been successful in differences in temperature from thermal proponents that would fall under this preventing impacts to marine mammals energy (heat) radiated from living bodies authorization. Eglin Natural Resources because no unauthorized takes have or from reflected and scattered thermal will ensure all practical measures will occurred as a result of these procedures energy. In contrast to typical night- be implemented to the maximum extent under previous incidental take vision devices, visible light is not possible to comply with the mitigation authorizations. Until Eglin AFB is necessary for object detection. Infrared and monitoring requirements while confident that this first step toward a systems are equally effective during day meeting mission objectives.

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TABLE 23—MONITORING OPTIONS AVAILABLE FOR LIVE AIR-TO-SURFACE MISSION PROPONENTS OPERATING IN THE EGTTR

Monitoring platform Mission Vessel Aerial Video

86 FWS Maritime Weapons System Evaluation Program (WSEP) ...... • ...... •

USAF Special Operations Command (AFSOC) Training

Air-to-Surface Gunnery ...... • ...... Small Diameter Bomb/Griffin Missile Training ...... • ...... CVÐ22 Training ...... • ......

413th Flight Test Squadron (FLTS)

ACÐ130J Precision Strike Package Testing ...... • • ACÐ130J Stand-Off Precision Guided Munitions Testing ...... • •

780th Test Squadron

Precision Strike Weapon ...... • • • Longbow Littoral Testing ...... • ...... •

Monitoring and Reporting Measures to mission activities, or injured or killed monitoring, or reporting measures are In addition to monitoring for marine during mission activities, a report must substantial, NMFS will publish a notice species before and after missions, the be made to the NMFS Southeast Region of proposed LOA in the Federal following monitoring and reporting Marine Mammal Stranding Network at Register and solicit public comment. If, measures will be required. 877–433–8299, the Chief of the Permits however, NMFS determines that an • Within a year before the planned and Conservation Division, Office of emergency exists that poses a significant missions, all protected species observers Protected Resources, at 301–427–8401 risk to the well-being of the species or will receive the Marine Species and the Florida Marine Mammal stocks of marine mammals in the Gulf Observer Training Course developed by Stranding Hotline at 888–404–3922 of Mexico, an LOA may be modified immediately. without prior notice or opportunity for Eglin in cooperation with NMFS. Æ • Eglin AFB will track use of the Any unauthorized impacts on public comment. Notice would be EGTTR and protected species marine mammals must be immediately published in the Federal Register observation results through the use of reported to the National Marine within 30 days of the action. protected species observer report forms. Fisheries Service’s Southeast Regional • Administrator, at 727–842–5312, and Negligible Impact Analysis and A summary annual report of marine Determination mammal observations and mission the Chief of the Permits and activities will be submitted to the NMFS Conservation Division, Office of NMFS has defined negligible impact Southeast Regional Office and the Protected Resources, at 301–427–8401. as an impact resulting from the specified activity that cannot be NMFS Office of Protected Resources 90 Adaptive Management days after completion of mission reasonably expected to, and is not activities each year or 60 days prior to NMFS may modify (including reasonably likely to, adversely affect the the issuance of any subsequent LOA for augment) the existing mitigation, species or stock through effects on projects at the EGTTR, whichever comes monitoring, or reporting measures (after annual rates of recruitment or survival first. A final report shall be prepared consulting with Eglin AFB regarding the (50 CFR 216.103). A negligible impact and submitted within 30 days following practicability of the modifications) if finding is based on the lack of likely resolution of comments on the draft doing so creates a reasonable likelihood adverse effects on annual rates of annual reports from NMFS. This annual of more effectively accomplishing the recruitment or survival (i.e., population- report must include the following goals of the mitigation and monitoring level effects). An estimate of the number information: measures for these regulations. of takes alone is not enough information Æ Date and time of each mission. Possible sources of data that could on which to base an impact Æ A complete description of the pre- contribute to the decision to modify the determination. In addition to mission and post-mission activities mitigation, monitoring, or reporting considering estimates of the number of related to mitigating and monitoring the measures in an LOA include: (1) Results marine mammals that might be ‘‘taken’’ effects of mission activities on marine from Eglin AFB’s acoustic monitoring through harassment, NMFS considers mammal populations. study; (2) results from monitoring other factors, such as the likely nature Æ Results of the visual monitoring, during previous year(s); (3) results from of any responses (e.g., intensity, including numbers by species/stock of other marine mammal and/or sound duration), the context of any responses any marine mammals noted injured or research or studies; and (4) any (e.g., critical reproductive time or killed as a result of the missions, and information that reveals marine location, migration), as well as effects number of marine mammals (by species mammals may have been taken in a on habitat, and the likely effectiveness if possible) that may have been harassed manner, extent or number not of the mitigation. We also assess the due to presence within the activity authorized by these regulations or number, intensity, and context of zone. subsequent LOAs. estimated takes by evaluating this Æ If any dead or injured marine If, through adaptive management, the information relative to population mammals are observed or detected prior modifications to the mitigation, status. Consistent with the 1989

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preamble for NMFS’s implementing hours per day depending on the mission live weapon detonations are not likely regulations (54 FR 40338; September 29, category). to result in long-term physical 1989), the impacts from other past and Level B harassment in the form of alterations of the water column or ocean ongoing anthropogenic activities are TTS was modeled to occur in both floor. These effects are not expected to incorporated into this analysis via their species for which take is authorized. If substantially affect prey availability, are impacts on the environmental baseline TTS occurs, it is expected to be at low of limited duration, and are (e.g., as reflected in the regulatory status levels and of short duration. As intermittent. Impacts to marine fish of the species, population size and explained previously, TTS is temporary were analyzed in the Eglin Gulf Test growth rate where known, ongoing with no long-term effects to species. The and Training Range Environmental sources of human-caused mortality, or modeled take numbers are expected to Assessment (Department of the Air ambient noise levels). be overestimates because NMFS expects Force, 2015). In the EA, it was To avoid repetition, the discussion of that successful implementation of the determined that fish populations were our analyses applies to bottlenose required aerial-based, vessel-based and unlikely to be affected and prey dolphins and Atlantic spotted dolphins, video-based mitigation measures could availability for marine mammals would given that the anticipated effects of this avoid TTS. Furthermore, monitoring not be impaired. Other factors related to activity on these different marine results from previous incidental take EGTTR activities that could potentially mammal stocks are expected to be authorizations have demonstrated that it affect marine mammal habitat include similar. There is little information about is uncommon to sight marine mammals the introduction of metals, explosives the nature or severity of the impacts, or within the ZOI, especially for prolonged and explosion by-products, other the size, status, or structure of these two durations. Results from monitoring chemical materials, and debris into the species or stocks that would lead to a programs associated with Eglin AFB’s water column and substrate due to the different analysis for this activity. 2015 and 2016 Maritime WSEP use of munitions and target vessels. For reasons stated previously in this activities have shown the absence of However, the effects of each were document and based on the following marine mammals within the ZOI during analyzed in the EA and were factors, Eglin AFB’s specified activities operations. determined to not be significant. are not likely to cause long-term NMFS expects that successful behavioral disturbance, serious injury, implementation of the required aerial- While animals may be impacted in or death. Because the exposure model based, vessel-based and video-based the immediate vicinity of the target area, was conservative and calculated a single mitigation measures would avoid or because of the short duration of the bottlenose dolphin death, along with the reduce take by Level A harassment in actual individual explosions themselves fact that the required mitigation and some instances. Marine mammals (versus continual sound source monitoring measures were not would likely begin to move away from operation) combined with the relatively incorporated into the model, NMFS the immediate target area once bombing short duration of daily operations (i.e. does not anticipate or propose to begins, decreasing exposure to the full ranging from a few minutes to no more authorize any take by mortality. The amount of acoustic energy. There have than four hours per day depending on takes from Level B harassment would be also been no marine mammal the mission category), NMFS has due to disturbance of normal behavioral observations in the ZOI according to determined that there will not be a patterns and TTS, as duration of monitoring reports from previous years. substantial impact on marine mammals exposure is relatively short. The Therefore, we anticipate that, because of or their habitat in Gulf of Mexico potential takes from Level A harassment the mitigation measures, low ecosystems in the EGTTR. We do not would be due to PTS and slight lung observation rate of marine mammals in expect that the planned activity would injury (not gastrointestinal tract injury). the target area, and the likely limited impact rates of recruitment or survival NMFS has determined that direct duration of exposures, any PTS incurred of marine mammals since we do not strike by ordnance is highly unlikely. would be in the form of only a small expect mortality (which would remove Although strike from a munition at the degree of PTS, rather than total individuals from the population) or surface of the water while the animals deafness. serious injury to occur. In addition, the are at the surface is possible, the Other than for mortality, the take activity will not occur in areas (and/or potential risk of a direct hit to an animal numbers authorized by NMFS do not times) of significance for the marine within the target area would be low. The consider mitigation or avoidance. mammal populations potentially USAF (2002 PEA) estimated that in the Therefore, NMFS expects that Level A affected by the exercises (e.g., feeding, absence of mitigation a maximum of 0.2 harassment is unlikely to occur at the resting, or reproductive areas), and the marine mammals could potentially be authorized numbers. However, since it activities will only occur in a small part struck by projectiles, falling debris, and is difficult to quantify the degree to of their overall range, so the impact of inert munitions each year. which the mitigation and avoidance will any potential temporary displacement Disruption of normal behavioral reduce the number of animals that would be negligible and animals would patterns constituting Level B might incur Level A harassment (i.e. be expected to return to the area after harassment would be limited to PTS, slight lung injury), NMFS proposes the cessations of activities. Although the reactions such as startle responses, to authorize take by Level A harassment planned activity could result in Level A movements away from the area, and at the numbers derived from the (PTS and slight lung injury) and Level short-term changes to behavioral state. exposure model and has included that B (behavioral disturbance and TTS of These impacts are expected to be potential amount of take in our analysis. lesser degree and shorter duration) temporary and of limited duration due Moreover, the mitigation and harassment of marine mammals, the to the likely avoidance of the action area monitoring measures required under the level of harassment is not anticipated to by marine mammals, short period of Authorization (described earlier in this impact rates of recruitment or survival individual explosions themselves document) are expected to further of marine mammals because the number (versus continual sound source minimize the potential for both Level A of exposed animals is expected to be operation), and relatively short duration and Level B harassment. low due to the relatively short-term and of the EGTTR operations (i.e. ranging Impacts to habitat are not anticipated. site-specific nature of the activity. from a few minutes to no more than four Noise and pressure waves resulting from Furthermore, we do not anticipate that

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the effects would be detrimental to rates threatened species or result in the Administrator finds good cause to waive of recruitment and survival because we destruction or adverse modification of the 30-day delay in the effective date. do not expect serious extended designated critical habitat. No List of Subjects in 50 CFR Part 218 behavioral responses that would result incidental take of ESA-listed marine in energetic effects at the level to impact mammal species is authorized or Exports, Fish, Imports, Incidental fitness or physiological impacts of a expected to result from the proposed take, Indians, Labeling, Marine nature that would impede reproduction activities. Therefore, NMFS has mammals, Penalties, Reporting and or survival. determined that formal consultation recordkeeping requirements, Seafood, In summary and as described above, under section 7 of the ESA is not Transportation. the following factors primarily support required for this action. our determination that the impacts Dated: February 5, 2018. resulting from this activity are not Classification Samuel D. Rauch III, expected to adversely affect the species The Office of Management and Budget Deputy Assistant Administrator for or stock through effects on annual rates has determined that this final rule is not Regulatory Programs, National Marine of recruitment or survival: significant for purposes of Executive Fisheries Service. • No mortality is anticipated or Order 12866. This rule is not an For reasons set forth in the preamble, authorized and only 11 instances of Executive Order 13771 regulatory action 50 CFR part 218 is amended as follows: Level A harassment are authorized. because this rule is not significant under Remaining impacts would be within the Executive Order 12866. PART 218—REGULATIONS non-injurious TTS or behavioral effects Pursuant to the Regulatory Flexibility GOVERNING THE TAKING AND zones (Level B harassment consisting of Act (RFA), the Chief Counsel for IMPORTING OF MARINE MAMMALS generally temporary modifications in Regulation of the Department of behavior); ■ 1. The authority citation for part 218 • Commerce certified to the Chief Counsel Effectiveness of mitigation and for Advocacy of the Small Business is revised to read as follows: monitoring requirements which are Administration at the proposed rule Authority: 16 U.S.C. 1361 et seq., unless designed and expected to avoid stage that this rule would not have a otherwise noted. exposures that may cause serious injury significant economic impact on a ■ and minimize the likelihood of PTS, substantial number of small entities. 2. Add subpart G to part 218 to read TTS, or more severe behavioral Eglin AFB is the sole entity that would as follows: responses; • be affected by this rulemaking, and Subpart G—Taking of Marine Mammals Adverse impacts to habitat are not Eglin AFB is not a small governmental Incidental to Testing and Training Activities expected; and jurisdiction, small organization, or small Conducted at the Eglin Gulf Test and • Results from previous monitoring business, as defined by the RFA. Training Range in the Gulf of Mexico reports did not record any marine Because this action directly affects Eglin Sec. mammal takes associated with military AFB and not a small entity, NMFS 218.60 Specified activity and specified readiness activities occurring in the concluded the action will not result in geographical region. EGTTR. a significant economic impact on a 218.61 Effective dates. Based on the analysis contained 218.62 Permissible methods of taking. herein of the likely effects of the substantial number of small entities. No comments were received regarding this 218.63 Prohibitions. specified activity on marine mammals 218.64 Mitigation requirements. certification. As a result, a regulatory and their habitat, and taking into 218.65 Requirements for monitoring and consideration the implementation of the flexibility analysis is not required and reporting. monitoring and mitigation measures, none has been prepared. 218.66 Letters of Authorization. NMFS finds that the total marine The Assistant Administrator for 218.67 Renewals and modifications of mammal take from the planned activity Fisheries has determined that there is Letters of Authorization. 218.68–218.69 [Reserved] will have a negligible impact on all good cause under the Administrative Procedure Act to waive the 30-day delay affected marine mammal species or Subpart G—Taking of Marine Mammals stocks. in the effective date (5 U.S.C. 553(d)(3)) of the measures contained in the final Incidental to Testing and Training Unmitigable Adverse Impact Analysis rule. The USAF is the only entity Activities Conducted at the Eglin Gulf and Determination subject to the regulations, and it has Test and Training Range in the Gulf of Mexico There are no relevant subsistence uses informed NMFS that it requests that this of the affected marine mammal stocks or final rule take effect by February 13, § 218.60 Specified activity and specified species implicated by this action. 2018, to accommodate a USAF testing geographical region. Therefore, NMFS has determined that and training exercise planned for that (a) Regulations in this subpart apply the total taking of affected species or day in the EGTTR. Any delay of only to Eglin Air Force Base (Eglin AFB) stocks would not have an unmitigable enacting the final rule would result in and those persons it authorizes to adverse impact on the availability of either: (1) A suspension of planned conduct activities on its behalf, for the such species or stocks for taking for naval training, which would disrupt taking of marine mammals as outlined subsistence purposes. vital training essential to national security; or (2) the USAF’s procedural in paragraph (b) of this section and Endangered Species Act (ESA) non-compliance with the MMPA incidental to testing and training Section 7(a)(2) of the Endangered (should the USAF conduct testing and missions in the Eglin Gulf Test and Species Act of 1973 (ESA: 16 U.S.C. training without an LOA), thereby Training Range (EGTTR). 1531 et seq.) requires that each Federal resulting in the potential for (b) The taking of marine mammals by agency insure that any action it unauthorized takes of marine mammals. Eglin AFB pursuant to a Letter of authorizes, funds, or carries out is not Moreover, the USAF is ready to Authorization (LOA) is authorized only likely to jeopardize the continued implement the rule immediately. For if it occurs at the EGTTR in the Gulf of existence of any endangered or these reasons, the Assistant Mexico.

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§ 218.61 Effective dates. surface are observed within the ZOI. training missions and to track marine Regulations in this subpart are Mission activities cannot resume until mammal observations. effective February 13, 2018 through one of the following conditions is met: (d) Depending on the mission February 12, 2023. (1) Protected species marine category, visual aerial-based, vessel- mammal(s) is confirmed to be outside of based, or video-based marine mammal § 218.62 Permissible methods of taking. the ZOI on a heading away from the surveys shall be conducted before and Under a Letter of Authorization (LOA) target area; or after live ordnance mission activities issued pursuant to § 216.106 of this (2) Protected species marine each day. chapter and § 218.66, the Holder of the mammal(s) is not seen again for 30 (e) Vessel-based surveys shall begin LOA (herein after Eglin AFB) may minutes and presumed to be outside the approximately one and one-half hour incidentally, but not intentionally, take Level A harassment ZOI. prior to live weapon deployment and marine mammals by Level A and Level (3) Large groupings of fish or birds shall be completed 30 minutes prior to B harassment associated with EGTTR leading to required delay are confirmed the start of mission. activities within the area described in outside of the ZOI. (f) Surveys shall continue for § 218.60 provided the activities are in (d) Gunnery operations shall require approximately one hour or until the compliance with all terms, conditions, employment of the following mitigation entire ZOI has been adequately and requirements of these regulations in measures. surveyed, whichever comes first. this subpart and the appropriate LOA. (1) Use of 105-millimeter (mm) (g) Post-mission monitoring surveys training rounds (TR) during nighttime shall commence once the mission has § 218.63 Prohibitions. missions. ended or as soon as the mission area is Notwithstanding takings (2) Ramp-up procedures requiring the declared safe. contemplated in § 218.60 and use of the lowest caliber munition and (h) Vessel-based post-mission surveys authorized by an LOA issued under proceeding to the highest, which means shall be conducted for 30 minutes after § 216.106 of this chapter and § 218.66, the munitions would be fired in the completion of live ordnance missions. no person in connection with the order of 25 mm, 40 mm, and 105 mm. (i) Any marine mammals detected in activities described in § 218.60 may: (3) Any pause in live fire activities the ZOI during post-mission surveys, for (a) Violate, or fail to comply with, the greater than 10 minutes shall require which take are authorized, shall be terms, conditions, and requirements of reinitiation of protected species surveys. counted as takes by Level B harassment. this subpart or an LOA issued under (4) Missions shall be conducted Any marine mammals detected in the § 216.106 of this chapter and § 218.66. within the 200-meter (m) isobaths to ZOI during post-mission surveys, for (b) Take any marine mammal not provide greater protection to several which take is not authorized, shall be specified in such LOAs; species. reported immediately to the Office of (c) Take any marine mammal (e) If one or more sperm or baleen Protected Resources, NMFS. specified in such LOAs in any manner whales are detected during pre-mission (j) A minimum of two dedicated other than as specified; monitoring activities, mission activities observers shall be stationed on each (d) Take a marine mammal specified shall be aborted/suspended for the vessel. in such LOAs if NMFS determines such remainder of the day. (k) Observers shall utilize optical taking results in more than a negligible (f) Additional mitigation measures as equipment with sufficient magnification impact on the species or stocks of such contained in an LOA. to allow observation of surfaced marine mammal; or animals. § 218.65 Requirements for monitoring and (l) The size of the survey area for each § 218.64 Mitigation requirements. reporting. mission shall be determined according When conducting activities identified (a) Holders of LOAs issued pursuant to the radius of impact for the given in § 218.60, the mitigation measures to § 218.66 for activities described in threshold of each munition/detonation contained in the LOA issued under § 218.60(a) are required to cooperate scenario. These ranges shall be § 216.106 of this chapter and § 218.66 with NMFS, and any other Federal, monitored during pre-mission surveys must be implemented. These mitigation state, or local agency with authority to for each activity. measures shall include but are not monitor the impacts of the activity on (m) Some missions shall be delayed to limited to the following general marine mammals. If the authorized allow survey platforms to evacuate the conditions: activity identified in § 218.60(a) is human safety zone after pre-missions (a) If daytime weather and/or sea thought to have resulted in the mortality surveys are completed. conditions preclude adequate or injury of any marine mammals or (n) Any aerial-based pre-mission monitoring for detecting marine take of marine mammals not identified surveys shall be conducted by observers mammals and other marine life, EGTTR in § 218.60(b), then the Holder of the aboard non-mission aircraft or mission operations must be delayed until LOA must notify the Director, Office of aircraft who have completed the Marine adequate sea conditions exist for Protected Resources, NMFS, or Species Observer Training. monitoring to be undertaken. designee, by telephone (301) 427–8401, (o) Gunship standard procedures (b) Restrictions on time of activities. and the Southeast Regional Office initiated prior to initiation of live-firing (1) Missions involving the use of live (phone within 24 hours of the injury or events shall require at least two bombs, missiles and rockets shall only death). complete orbits around the survey occur during daylight hours. (b) Monitoring shall be conducted by mission site at the appropriate airspeed (2) Missions during daylight hours personnel who have completed Eglin’s and monitoring altitude and include the shall occur no earlier than two hours Marine Species Observer Training following: after sunrise and no later than two hours Course, which was developed in (1) Monitoring for marine mammals prior to sunset. cooperation with the National Marine shall continue throughout the mission (c) Required delay of live ordnance Fisheries Service. by mission crew; mission activities shall occur if a (c) The Holder of the LOA shall use (2) Where applicable aircraft optical protected species, large schools of fish mission-reporting forms to track their and electronic sensors shall be used for or large flocks of birds feeding at the use of the EGTTR for testing and marine mammal observation;

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(3) If any marine mammals are mammals (by species if possible) that (4) In the event that Eglin AFB detected during pre-mission surveys or may have been harassed due to presence discovers an injured or dead marine during the mission, activities shall be within the zone of influence. mammal, and the lead observer immediately halted until the ZOI area is (2) The draft report shall be subject to determines that the injury or death is clear of all marine mammals, or the review and comment by NMFS. Any not associated with or related to the mission shall be relocated to another recommendations made by NMFS must activities authorized in the LOA (e.g., target area. If the mission is relocated, be addressed in the final report prior to previously wounded animal, carcass the pre-mission survey procedures shall acceptance by NMFS. The draft report with moderate to advanced be repeated; shall be considered the final report for decomposition, scavenger damage), (4) If multiple firing missions are this activity under the LOA if NMFS has Eglin AFB shall report the incident to conducted within the same flight, not provided comments and the Office of Protected Resources, standard clearance procedures shall recommendations within 90 days of NMFS, and the Southeast Regional precede each mission; and receipt of the draft report. Office, NMFS, within 24 hours of the (5) Gunship crews shall conduct a (s) Reporting injured or dead marine discovery. Eglin AFB shall provide post-mission survey beginning at the mammals: photographs or video footage or other operational altitude and proceeding (1) In the unanticipated event that the documentation of the stranded animal through a spiraling descent to the specified activity clearly causes the take sighting to NMFS. designated monitoring altitude. of a marine mammal in a manner (5) Additional Conditions: (p) Video-based monitoring from the prohibited by the LOA, such as an (i) The Holder of the LOA must GRATV shall be conducted where injury for species not authorized (Level inform the Director, Office of Protected appropriate via live high-definition A harassment), serious injury, or Resources, NMFS, (301–427–8401) or video feed. mortality, Eglin AFB shall immediately designee prior to the initiation of any (1) Supplemental video monitoring cease the specified activities and report changes to the monitoring plan for a shall be conducted through the the incident to the Office of Protected specified mission activity. employment of additional aerial assets Resources, NMFS, and the Southeast (ii) A copy of the LOA must be in the including aerostats and drones when Regional Office, NMFS. The report must possession of the safety officer on duty available. include the following information: each day that EGTTR missions are (2) [Reserved] (i) Time and date of the incident; conducted. (q) Acoustic Monitoring: (ii) Description of the incident; (iii) The LOA may be modified, (1) Eglin AFB shall conduct a passive (iii) Environmental conditions (e.g., suspended or withdrawn if the holder acoustic monitoring (PAM) study as an wind speed and direction, Beaufort sea fails to abide by the conditions initial step towards understanding state, cloud cover, and visibility); prescribed herein, or if NMFS acoustic impacts from underwater (iv) Description of all marine mammal determines the authorized taking is detonations, if funding is approved; observations in the 24 hours preceding having more than a negligible impact on (2) Eglin AFB shall conduct PAM for the incident; the species or stock of affected marine marine mammal vocalizations before, (v) Species identification or mammals. description of the animal(s) involved; during, and after live missions in the § 218.66 Letters of Authorization. EGTTR, once funding is approved; and (vi) Fate of the animal(s); and (3) The results of the PAM study shall (vii) Photographs or video footage of (a) To incidentally take marine be submitted to NMFS OPR as a draft the animal(s). mammals pursuant to these regulations, monitoring report within 90 days of (2) Activities shall not resume until Eglin AFB must apply for and obtain an completion of the study. NMFS is able to review the LOA. (r) The Holder of the LOA is required circumstances of the prohibited take. (b) An LOA, unless suspended or to: NMFS shall work with Eglin AFB to revoked, may be effective for a period of (1) Submit an annual draft report to determine what measures are necessary time not to exceed the expiration date NMFS OPR on all monitoring conducted to minimize the likelihood of further of these regulations. (c) If an LOA expires prior to the under the LOA within 90 days of the prohibited take and ensure MMPA expiration date of these regulations, completion of marine mammal compliance. Eglin AFB may not resume Eglin AFB must apply for and obtain a monitoring, or 60 days prior to the their activities in the EGTTR until renewal of the LOA. issuance of any subsequent LOA for notified by NMFS. (3) In the event that Eglin AFB (d) In the event of projected changes projects at the EGTTR, whichever comes to the activity or to mitigation and discovers an injured or dead marine first. A final report shall be prepared monitoring measures required by an mammal, and the lead observer and submitted within 30 days following LOA, Eglin AFB must apply for and determines that the cause of the injury resolution of comments on the draft obtain a modification of the LOA as or death is unknown and the death is report from NMFS. This report must described in § 218.67. contain, at a minimum, the following relatively recent (e.g., in less than a (e) The LOA shall set forth: information: moderate state of decomposition), Eglin (1) Permissible methods of incidental (i) Date and time of each EGTTR AFB shall immediately report the taking; mission; incident to the Office of Protected (2) Number of marine mammals, by (ii) A complete description of the pre- Resources, NMFS, and the Southeast species and age class, authorized to be mission and post-mission activities Regional Office, NMFS. The report must taken; related to mitigating and monitoring the include the same information identified (3) Means of effecting the least effects of EGTTR missions on marine in paragraph (p)(1) of this section. practicable adverse impact (i.e., mammal populations; and Activities may continue while NMFS mitigation) on the species of marine (iii) Results of the monitoring reviews the circumstances of the mammals authorized for taking, on its program, including numbers by species/ incident. NMFS shall work with Eglin habitat, and on the availability of the stock of any marine mammals noted AFB to determine whether additional species for subsistence uses; and injured or killed as a result of the mitigation measures or modifications to (4) Requirements for monitoring and EGTTR mission and number of marine the activities are appropriate. reporting.

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(f) Issuance of an LOA shall be based (ii) Results from other marine FOR FURTHER INFORMATION CONTACT: on a determination that the level of mammal and sound research or studies; Frank Helies, NMFS Southeast Regional taking shall be consistent with the or Office, telephone: 727–824–5305, email: findings made for the total taking (iii) Any information that reveals [email protected]. allowable under these regulations. marine mammals may have been taken SUPPLEMENTARY INFORMATION: The (g) Notice of issuance or denial of an in a manner, extent or number not fishery for coastal migratory pelagic fish LOA shall be published in the Federal authorized by these regulations or includes king mackerel, Spanish Register within 30 days of a subsequent LOAs. mackerel, and cobia, and is managed determination. (3) If, through adaptive management, under the Fishery Management Plan for the modifications to the mitigation, § 218.67 Renewals and modifications of the Coastal Migratory Pelagic Resources Letters of Authorization. monitoring, or reporting measures are of the Gulf of Mexico and Atlantic substantial, NMFS will publish a notice Region (FMP). The FMP was prepared (a) An LOA issued under § 216.106 of of proposed LOA in the Federal this chapter and § 218.66 for the activity by the Gulf of Mexico and South Register and solicit public comment. Atlantic Fishery Management Councils identified in § 218.60(a) shall be (4) Emergencies—If NMFS determines renewed or modified upon request by and is implemented by NMFS under the that an emergency exists that poses a authority of the Magnuson-Stevens the applicant, provided that: significant risk to the well-being of the (1) The specified activity and Fishery Conservation and Management species or stocks of marine mammals mitigation, monitoring, and reporting Act (Magnuson-Stevens Act) by specified under LOAs issued pursuant measures, as well as the anticipated regulations at 50 CFR part 622. All to § 216.106 of this chapter and impacts, are the same as those described weights for Atlantic king mackerel § 218.60, an LOA may be modified and analyzed for these regulations below apply as either round or gutted without prior notice or opportunity for (excluding changes made pursuant to weight. public comment. Notice would be the adaptive management provision in On April 11, 2017, NMFS published published in the Federal Register paragraph (c)(1) of this section); and a final rule to implement Amendment within 30 days of the action. (2) NMFS determines that the 26 to the FMP in the Federal Register mitigation, monitoring, and reporting §§ 218.68–218.69 [Reserved] (82 FR 17387). That final rule adjusted the management boundaries, zones, and measures required by the previous LOA [FR Doc. 2018–02511 Filed 2–7–18; 8:45 am] under these regulations were annual catch limits for Atlantic BILLING CODE 3510–22–P implemented. migratory group king mackerel (Atlantic (b) For an LOA modification or king mackerel). The commercial quota for Atlantic king mackerel in the renewal request by the applicant that DEPARTMENT OF COMMERCE includes changes to the activity or the southern zone is 4,540,640 lb (2,059,600 mitigation, monitoring, or reporting National Oceanic and Atmospheric kg) for the current fishing year, March (excluding changes made pursuant to Administration 1, 2017, through February 28, 2018 (50 the adaptive management provision in CFR 622.384(b)(2)(ii)). paragraph (c)(1) of this section) that do 50 CFR Part 622 The Atlantic king mackerel southern not change the findings made for the zone encompasses an area of Federal regulations or result in no more than a [Docket No. 160426363–7275–02] waters south of a line extending from the state border of North Carolina and minor change in the total estimated RIN 0648–XG009 number of authorized takes (or South Carolina, as specified in 50 CFR distribution by species or years), NMFS Coastal Migratory Pelagic Resources 622.2, and north of a line extending due may publish a notice of proposed LOA of the Gulf of Mexico and Atlantic east from the border of Miami-Dade and in the Federal Register, including the Region; Commercial Trip Limit Monroe Counties, Florida (50 CFR associated analysis illustrating the Increase in the Atlantic Southern Zone 622.369(a)(2)(ii)). From October 1 change, and solicit public comment through January 31, the commercial trip before issuing the LOA. AGENCY: National Marine Fisheries limit for king mackerel in or from the (c) An LOA issued under § 216.106 of Service (NMFS), National Oceanic and southern zone that may be possessed on this chapter and § 218.66 for the activity Atmospheric Administration (NOAA), board or landed from a federally identified in § 218.60(a) may be Commerce. permitted vessel is 50 fish per day (50 modified by NMFS under the following ACTION: Temporary rule; trip limit CFR 622.385(a)(2)(i)(A)). circumstances: increase. However, if NMFS determines that (1) Adaptive Management—NMFS less than 70 percent of the Atlantic may modify (including augment) the SUMMARY: NMFS increases the southern zone commercial quota has existing mitigation, monitoring, or commercial trip limit for king mackerel been harvested by February 1, then reporting measures (after consulting in or from Federal waters in an area off during the month of February, the with Eglin AFB regarding the the Florida east coast between the commercial trip limit for king mackerel practicability of the modifications) if border of Flagler and Volusia Counties in or from a specified area of the doing so creates a reasonable likelihood and the border of Miami-Dade and southern zone that may be possessed on of more effectively accomplishing the Monroe Counties in the Atlantic board or landed from a federally goals of the mitigation and monitoring southern zone to 75 fish per day. This permitted vessel is increased to 75 fish set forth in the preamble for these commercial trip limit increase is per day (50 CFR 622.385(a)(1)(ii)(D)). regulations; necessary to maximize the The area of the southern zone in which (2) Possible sources of data that could socioeconomic benefits associated with the commercial trip limit increase contribute to the decision to modify the harvesting the commercial quota of applies is in Federal waters south of mitigation, monitoring, or reporting Atlantic migratory group king mackerel. 29°25′ N lat., which is a line that measures in an LOA are: DATES: This temporary rule is effective extends due east from the border of (i) Results from Eglin AFB’s annual from 12:01 a.m., local time, February 5, Flagler and Volusia Counties, Florida, monitoring reports; 2018, through February 28, 2018. and north of 25°20′24″ N lat., which is

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a line that extends due east from the Atlantic king mackerel and is consistent rule establishing the commercial trip border of Miami-Dade and Monroe with the Magnuson-Stevens Act and limits has already been subject to notice Counties, Florida. other applicable laws. and comment, and all that remains is to NMFS has determined that less than This action is taken under 50 CFR notify the public of the trip limit 70 percent of the commercial quota for 622.385(a)(1)(ii)(D) and is exempt from increase. Such procedures are contrary Atlantic king mackerel in the southern review under Executive Order 12866. to the public interest, because prior zone was harvested by February 1, 2018. These measures are exempt from the notice and opportunity for public Accordingly, a 75-fish commercial trip procedures of the Regulatory Flexibility comment would require time and delay limit applies to vessels fishing for king Act because the temporary rule is issued the fishers’ ability to catch more king mackerel in or from Federal waters without opportunity for prior notice and mackerel to harvest the commercial south of 29°25′ N lat. and north of comment. quota and achieve optimum yield, and 25°20′24″ N lat. off the east coast of would prevent fishers from reaping the This action responds to the best Florida in the Atlantic southern zone socioeconomic benefits associated with scientific information available. The effective at 12:01 a.m., local time, this increased commercial trip limit. February 5, 2018. The 75-fish trip limit Assistant Administrator for NOAA For the aforementioned reasons, the will remain in effect through February Fisheries (AA) finds that the need to AA also finds good cause to waive the 28, 2018, or until the commercial quota immediately implement this is reached and the southern zone closes. commercial trip limit increase 30-day delay in effectiveness of this On March 1, 2018, the new fishing year constitutes good cause to waive the action, pursuant to 5 U.S.C. 553(d)(3). begins and a commercial trip limit of 50 requirements to provide prior notice Authority: 16 U.S.C. 1801 et seq. fish will again be in effect for this area. and opportunity for public comment pursuant to the authority set forth in 5 Dated: February 5, 2018. Classification U.S.C. 553(b)(B), because prior notice Alan D. Risenhoover, The Regional Administrator for the and opportunity for public comment on Director, Office of Sustainable Fisheries, NMFS Southeast Region has determined this temporary rule is unnecessary and National Marine Fisheries Service. this temporary rule is necessary for the contrary to the public interest. Such [FR Doc. 2018–02544 Filed 2–5–18; 4:15 pm] conservation and management of procedures are unnecessary because the BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 83, No. 27

Thursday, February 8, 2018

This section of the FEDERAL REGISTER www.regulations.gov, including any designated this rule as not significant contains notices to the public of the proposed personal information provided, and can under Executive Order 12866, issuance of rules and regulations. The be accessed by the public. All comments ‘‘Regulatory Planning and Review,’’ and purpose of these notices is to give interested must include the agency name and therefore, OMB has not reviewed this persons an opportunity to participate in the docket number or Regulatory rule. The rule is not subject to Executive rule making prior to the adoption of the final rules. Information Number (RIN) for this rule. Order 13771, ‘‘Reducing Regulation and For detailed instructions on submitting Controlling Regulatory Costs.’’ comments and additional information, Paperwork Reduction Act of 1995 DEPARTMENT OF AGRICULTURE see http://www.regulations.gov. If you are submitting comments electronically Pursuant to the provisions of the Federal Crop Insurance Corporation through the Federal eRulemaking Portal Paperwork Reduction Act of 1995 (44 and want to attach a document, we ask U.S.C. chapter 35), the collections of 7 CFR Part 400 that it be in a text-based format. If you information in this rule have been want to attach a document that is a approved by the Office of Management [Docket No. FCIC–17–0005] scanned Adobe PDF file, it must be and Budget (OMB) under control RIN 0563–AC54 scanned as text and not as an image, number 0563–0069. thus allowing FCIC to search and copy E-Government Act Compliance General Administrative Regulations; certain portions of your submissions. Subpart L—Reinsurance Agreement— For questions regarding attaching a FCIC is committed to complying with Standards for Approval; Regulations document that is a scanned Adobe PDF the E-Government Act of 2002, to for the 2019 and Subsequent file, please contact the RMA Web promote the use of the internet and Reinsurance Years Content Team at (816)823–4694 or by other information technologies to provide increased opportunities for AGENCY: Federal Crop Insurance email at [email protected]. PRIVACY ACT: Anyone is able to search citizen access to Government Corporation, USDA. information and services, and for other ACTION: Proposed rule. the electronic form of all comments received for any dockets by the name of purposes. SUMMARY: The Federal Crop Insurance the person submitting the comment (or Unfunded Mandates Reform Act of Corporation (FCIC) proposes to revise signing the comment, if submitted on 1995 the General Administrative Regulations; behalf of an association, business, labor Title II of the Unfunded Mandates Subpart L—Reinsurance Agreement— union, etc.). You may review the Reform Act of 1995 (UMRA), Public Standards for Approval; Regulations for complete User Notice and Privacy Law 104–4, establishes requirements for the 2019 and Subsequent Reinsurance Notice for Regulations.gov at http:// Federal agencies to assess the effects of Years. The intended effect of this action www.regulations.gov/#!privacyNotice. their regulatory actions on State, local, is to clarify and improve Subpart L to FOR FURTHER INFORMATION CONTACT: and tribal governments and the private better align with the existing Standard David L. Miller, Director, Reinsurance sector. This rule contains no Federal Reinsurance Agreement (SRA) and Services Division, Federal Crop mandates (under the regulatory Livestock Price Reinsurance Agreement Insurance Corporation, United States provisions of title II of the UMRA) for (LPRA) and to eliminate language that is Department of Agriculture (USDA), State, local, and tribal governments or no longer relevant. 1400 Independence Avenue SW, Stop the private sector. Therefore, this rule is DATES: Written comments and opinions 0801, Washington, DC 20250, telephone not subject to the requirements of on this proposed rule will be accepted (202) 720–9830. sections 202 and 205 of UMRA. until close of business April 9, 2018 and SUPPLEMENTARY INFORMATION: will be considered when the rule is Executive Order 13132 Executive Orders 12866, 13563, and made final. It has been determined under section 13771 ADDRESSES: FCIC prefers that comments 1(a) of Executive Order 13132, be submitted electronically through the Executive Order 12866, ‘‘Regulatory Federalism, that this rule does not have Federal eRulemaking Portal. You may Planning and Review,’’ and Executive sufficient implications to warrant submit comments, identified by Docket Order 13563, ‘‘Improving Regulation consultation with the States. The ID No. FCIC–17–0005, by any of the and Regulatory Review,’’ direct agencies provisions contained in this rule will following methods: to assess all costs and benefits of not have a substantial direct effect on • Federal eRulemaking Portal: http:// available regulatory alternatives and, if States, or on the relationship between www.regulations.gov. Follow the regulation is necessary, to select the national government and the States, instructions for submitting comments. regulatory approaches that maximize or on the distribution of power and • By Mail to: Director, Reinsurance net benefits (including potential responsibilities among the various Services Division, Federal Crop economic, environmental, public health levels of government. Insurance Corporation, United States and safety effects, distributive impacts, Department of Agriculture (USDA), and equity). Executive Order 13563 Executive Order 13175 1400 Independence Avenue SW, Stop emphasized the importance of This rule has been reviewed in 0801, Washington, DC 20250. quantifying both costs and benefits, of accordance with the requirements of All comments received, including reducing costs, of harmonizing rules, Executive Order 13175, ‘‘Consultation those received by mail, will be posted and of promoting flexibility. The Office and Coordination with Indian Tribal without change to http:// of Management and Budget (OMB) Governments.’’ Executive Order 13175

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requires Federal agencies to consult and Federal Assistance Program Subpart L—Reinsurance Agreement— coordinate with tribes on a government- This program is listed in the Catalog Standards for Approval; Regulations to-government basis on policies that of Federal Domestic Assistance under for the 2019 and Subsequent have tribal implications, including No. 10.450. Reinsurance Years regulations, legislative comments or Executive Order 12372 Sec. proposed legislation, and other policy 400.161 Definitions. statements or actions that have This program is not subject to the 400.162 Qualification ratios. substantial direct effects on one or more provisions of Executive Order 12372, 400.163 Applicability. Indian tribes, on the relationship which require intergovernmental 400.164 Eligibility for a Reinsurance between the Federal Government and consultation with State and local Agreement. Indian tribes or on the distribution of officials. See the Notice related to 7 CFR 400.165 [Reserved] power and responsibilities between the part 3015, subpart V, published at 48 FR 400.166 [Reserved] 29115, June 24, 1983. 400.167 [Reserved] Federal Government and Indian tribes. 400.168 [Reserved] FCIC has assessed the impact of this Executive Order 12988 400.169 Disputes. rule on Indian tribes and determined This rule has been reviewed in 400.170 [Reserved] that this rule does not, to its knowledge, accordance with Executive Order 12988 400.171 [Reserved] on civil justice reform. The provisions 400.172 [Reserved] have tribal implications that require 400.173 [Reserved] tribal consultation under E.O. 13175. If of this rule will not have a retroactive 400.174 [Reserved] a Tribe requests consultation, FCIC will effect. The provisions of this rule will 400.175 [Reserved] work with the Office of Tribal Relations preempt State and local laws to the 400.176 [Reserved] to ensure meaningful consultation is extent such State and local laws are 400.177 [Reserved] inconsistent herewith. Interpretations of provided where changes, additions and § 400.161 Definitions. modifications identified herein are not statutory and regulatory provisions are expressly mandated by Congress. matters of general applicability and, In addition to the terms defined in the therefore, no administrative appeals Standard Reinsurance Agreement, Regulatory Flexibility Act process is available and judicial review Livestock Price Reinsurance Agreement may only be brought to challenge the and any other Reinsurance Agreement, FCIC certifies that this regulation will interpretation after seeking a the following terms as used in this rule not have a significant economic impact determination of appeal ability by the are defined to mean: on a substantial number of small Director of the National Appeals Annual statutory financial statement entities. Program requirements for the Division (NAD) in accordance with 7 means the annual financial statement of Federal crop insurance program are the CFR part 11. An interpretation of a a Company prepared in accordance with same for all producers regardless of the policy provision not codified in the Statutory Accounting Principles and size of their farming operation. For Code of Federal Regulations or any submitted to the state insurance instance, all producers are required to procedure used in the administration of department if required by any state in submit an application and acreage any Federal crop insurance program are which the Company is licensed. report to establish their insurance administratively appealable and the Company means the insurance guarantees and compute premium appeal provisions published at 7 CFR company that currently has or is amounts, and all producers are required part 11 must be exhausted before any applying to FCIC for a Reinsurance to submit a notice of loss and action for judicial review may be Agreement. production information to determine the brought against FCIC. FCIC means the Federal Crop amount of an indemnity payment in the Environmental Evaluation Insurance Corporation as authorized in event of an insured cause of crop loss. section 503 of the Federal Crop This action is not expected to have a Insurance Act (7 U.S.C. 1503). Whether a producer has 10 acres or significant economic impact on the MPUL means the maximum possible 1000 acres, there is no difference in the quality of the human environment, underwriting loss that a Company can kind of information collected. To ensure health, or safety. Therefore, neither an sustain on policies it intends to reinsure crop insurance is available to small Environmental Assessment nor an after adjusting for the effect of any entities, the Federal Crop Insurance Act Environmental Impact Statement is Reinsurance Agreement and any private (Act) authorizes FCIC to waive needed. collection of administrative fees from reinsurance, as evaluated by FCIC. beginning farmers or ranchers and List of Subjects in 7 CFR Part 400 Plan of operation means the limited resource farmers. FCIC believes Administrative practice and documentation and information this waiver helps to ensure that small procedure, Crop insurance, Reporting submitted by a Company to apply for or maintain a Reinsurance Agreement as entities are given the same opportunities and recordkeeping requirements. required by FCIC. as large entities to manage their risks Proposed Rule Quarterly Statutory Financial through the use of Federal crop Accordingly, as set forth in the Statement means the quarterly financial insurance. A Regulatory Flexibility preamble, FCIC proposes to amend 7 statement of a Company prepared in Analysis has not been prepared since CFR part 400 to read as follows: accordance with Statutory Accounting this regulation does not have an impact Principles and submitted to the state on small entities, and, therefore, this PART 400—GENERAL insurance department if required by any regulation is exempt from the provisions ADMINISTRATIVE REGULATIONS state in which the Company is licensed. of the Regulatory Flexibility Act (5 ■ Reinsurance Agreement means the U.S.C. 605). This regulation pertains to 1. The authority citation for 7 CFR part 400 continues to read as follows: Standard Reinsurance Agreement, all legal entities wanting a Reinsurance Livestock Price Reinsurance Agreement Agreement, to insure financial stability Authority: 7 U.S.C. 1506(l), 1506(o). and any other Reinsurance Agreement and capacity under this regulation. ■ 2. Revise Subpart L to read as follows: between the Company and FCIC.

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§ 400.162 Qualification ratios. Information System’’ distributed by formulated by FCIC and is calculated (a) The eighteen qualification ratios NAIC, 1100 Walnut St., Suite 1500, the same as the One-Year Change to include: Kansas City, MO 64106–2197; Surplus IRIS ratio but for a two-year (1) Thirteen National Association of (2) Three ratios used by A.M. Best period; and Insurance Commissioner’s (NAIC’s) Company found in subsections (b)(13), (4) One ratio found in paragraph Insurance Regulatory Information (15), and (16) of this section and (b)(18) of this section, which is reported System (IRIS) ratios found in referenced in Best’s Key Rating Guide, on the annual statutory financial subsections (b)(1), (2), (3), (4), (5), (6), A.M. Best, Ambest Road, Oldwick, N.J. statement. (7), (8), (9), (10), (11), (12), and (17) of 08858–0700; (b) The Company shall provide an this section and referenced in ‘‘Using (3) One ratio found in paragraph explanation for any ratio falling outside the NAIC Insurance Regulatory (b)(14) of this section which is of the requirements stated below.

Ratio Ratio requirement

(1) Gross Premium Written to Policyholders Surplus ...... <900% (2) Net Premium Written to Policyholders Surplus ...... <300% (3) Change in Net Premiums Writings ...... ¥33% to 33% (4) Surplus Aid to Policyholders Surplus ...... <15% (5) Two-Year Overall Operating Ratio ...... <100% (6) Change in Policyholders Surplus ...... ¥10% to 50% (7) Investment Yield ...... 3.0% to 6.5% (8) Liabilities to Liquid Assets ...... <100% (9) Gross Agents Balances to Policyholders Surplus ...... <40% (10) One Year Reserve Development to Policyholders Surplus ...... <20% (11) Two Year Reserve Development to Policyholders Surplus ...... <20% (12) Estimated Current Reserve Deficiency to Policyholders Surplus ...... <25% (13) Combined Ratio after Policyholder Dividend ...... <115% (14) Two Year Change in Surplus ...... >¥10% (15) Quick Liquidity ...... >20% (16) Return on Surplus ...... >¥5% (17) Net Change in Adjusted Policyholder Surplus ...... ¥10% to 25% (18) Risk Based Capital Ratio ...... >200%

§ 400.163 Applicability. in Section 400.162 as well as meeting administrative determination must be in The standards contained herein shall methodologies, data submission writing and submitted within 45 days be applicable to a Company applying for requirements and assessment appearing after receipt after the disputed action. and those maintaining a Reinsurance in Appendix II (Plan of Operations) of (b) With respect to compliance Agreement. the Reinsurance Agreement to meet the matters, the Compliance Field Office requirements, including addressing renders an initial finding or outcome, § 400.164 Eligibility for a Reinsurance reasonable risks, associated with a permits the Company to respond, and Agreement. Reinsurance Agreement, as determined then issues a final finding or outcome. FCIC will offer a Reinsurance by FCIC. If the Company believes that the Agreement to an eligible Company as (e) The Company shall provide data Compliance Field Office’s final finding determined by FCIC. To be eligible and and demonstrate a satisfactory or outcome is not in accordance with qualify initially or thereafter for a performance record to obtain a the applicable laws, regulations, custom Reinsurance Agreement with FCIC, a Reinsurance Agreement and continue to or practice of the insurance industry, or Company must: hold a Reinsurance Agreement for the FCIC approved policy and procedure, it (a) Be licensed or admitted in any reinsurance year as determined by FCIC. may request, the Deputy Administrator state, territory, or possession of the of Compliance to make a final § 400.165 [Reserved] United States; administrative determination addressing (b) Be licensed or admitted, or use as § 400.166 [Reserved] the disputed final finding or outcome. a policy-issuing company an insurance The Deputy Administrator of company that is licensed or admitted, in § 400.167 [Reserved] Compliance will render the final each state where the Company will § 400.168 [Reserved] administrative determination of the write policies under a Reinsurance FCIC with respect to these issues. All Agreement; § 400.169 Disputes. requests for a final administrative (c) Have surplus, as reported in its (a) If the Company believes that the determination must be in writing and most recent Annual or Quarterly FCIC has taken an action that is not in submitted within 45 days after receipt of Statutory Financial Statement, that is at accordance with the provisions of a the final finding or outcome. least equal to twice the MPUL amount Reinsurance Agreement except (c) A Company may also request for the Company’s estimated retained compliance issues, it may request the reconsideration by the Deputy premium submitted in its plan of Deputy Administrator of Insurance Administrator of Insurance Services of a operation. Services to make a final administrative decision of the FCIC rendered under any (d) The Company shall have the determination addressing the disputed FCIC bulletin or directive which financial and operational resources, action. The Deputy Administrator of bulletin or directive does not interpret, including but not limited to, Insurance Services will render the final explain, or restrict the terms of the organization, experience, internal administrative determination of the Reinsurance Agreement. The Company, controls, and technical skills, positive FCIC with respect to the applicable if it disputes the FCIC’s determination, assessment of the ratio results appearing actions. All requests for a final must request a reconsideration of that

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determination in writing, within 45 DATES: We must receive comments on 2018–0031; Product Identifier 2017– days of the receipt of the determination. this proposed AD by March 26, 2018. NM–127–AD’’ at the beginning of your The determination of the Deputy ADDRESSES: You may send comments, comments. We specifically invite Administrator of Insurance Services will using the procedures found in 14 CFR comments on the overall regulatory, be final and binding on the Company. 11.43 and 11.45, by any of the following economic, environmental, and energy Such determinations will not be methods: aspects of this NPRM. We will consider appealable to the Board of Contract • Federal eRulemaking Portal: Go to all comments received by the closing Appeals. http://www.regulations.gov. Follow the date and may amend this NPRM (d) Appealable final administrative instructions for submitting comments. because of those comments. determinations of the FCIC under • Fax: 202–493–2251. We will post all comments we paragraph (a) or (b) of this section may • Mail: U.S. Department of receive, without change, to http:// be appealed to the Board of Contract Transportation, Docket Operations, M– www.regulations.gov, including any Appeals in accordance with 48 CFR part 30, West Building Ground Floor, Room personal information you provide. We 6102 and with the provisions 7 CFR part W12–140, 1200 New Jersey Avenue SE, will also post a report summarizing each 24. Washington, DC 20590. substantive verbal contact we receive • Hand Delivery: Deliver to Mail about this NPRM. § 400.170 [Reserved] address above between 9 a.m. and 5 Discussion p.m., Monday through Friday, except § 400.171 [Reserved] The FAA has examined the Federal holidays. underlying safety issues involved in fuel § 400.172 [Reserved] For service information identified in tank explosions on several large this NPRM, contact Boeing Commercial § 400.173 [Reserved] transport airplanes, including the Airplanes, Attention: Contractual & Data adequacy of existing regulations, the § 400.174 [Reserved] Services (C&DS), 2600 Westminster service history of airplanes subject to Blvd., MC 110–SK57, Seal Beach, CA § 400.175 [Reserved] those regulations, and existing 90740–5600; telephone 562–797–1717; maintenance practices for fuel tank § 400.176 [Reserved] internet https:// systems. As a result of those findings, www.myboeingfleet.com. You may view § 400.177 [Reserved] we issued a final rule titled ‘‘Transport this service information at the FAA, Airplane Fuel Tank System Design Signed in Washington, DC, on February 1, Transport Standards Branch, 1601 Lind Review, Flammability Reduction and 2018. Avenue SW, Renton, WA. For Maintenance and Inspection Heather Manzano, information on the availability of this Requirements’’ (66 FR 23086, May 7, Acting Manager, Federal Crop Insurance material at the FAA, call 425–227–1221. 2001). In addition to new airworthiness Corporation. It is also available on the internet at standards for transport airplanes and http://www.regulations.gov by searching [FR Doc. 2018–02489 Filed 2–7–18; 8:45 am] new maintenance requirements, that for and locating Docket No. FAA–2018– BILLING CODE 3410–08–P rule included Amendment 21–78, 0031. which established Special Federal Examining the AD Docket Aviation Regulation No. 88 (‘‘SFAR 88’’) at 14 CFR part 21. Subsequently, SFAR DEPARTMENT OF TRANSPORTATION You may examine the AD docket on 88 was amended by Amendment 21–82 the internet at http:// Federal Aviation Administration (67 FR 57490, September 20, 2002; www.regulations.gov by searching for corrected at 67 FR 70809, November 26, and locating Docket No. FAA–2018– 14 CFR Part 39 2002) and Amendment 21–83 (67 FR 0031; or in person at Docket Operations 72830, December 9, 2002; corrected at [Docket No. FAA–2018–0031; Product between 9 a.m. and 5 p.m., Monday 68 FR 37735, June 25, 2003, to change Identifier 2017–NM–127–AD] through Friday, except Federal holidays. ‘‘21–72’’ to ‘‘21–83’’). The AD docket contains this NPRM, the Among other actions, SFAR 88 RIN 2120–AA6417 regulatory evaluation, any comments requires certain type design (i.e., type received, and other information. The certificate (TC) and supplemental type Airworthiness Directives; The Boeing street address for Docket Operations Company Airplanes certificate (STC)) holders to substantiate (phone: 800–647–5527) is in the that their fuel tank systems can prevent AGENCY: Federal Aviation ADDRESSES section. Comments will be ignition sources in the fuel tanks. This Administration (FAA), DOT. available in the AD docket shortly after requirement applies to type design receipt. ACTION: Notice of proposed rulemaking holders for large turbine-powered (NPRM). FOR FURTHER INFORMATION CONTACT: transport airplanes and for subsequent Christopher Baker, Aerospace Engineer, modifications to those airplanes. It SUMMARY: We propose to adopt a new Propulsion Section, FAA, Seattle ACO requires them to perform design reviews airworthiness directive (AD) for certain Branch, 1601 Lind Avenue SW, Renton, and to develop design changes and The Boeing Company Model 727 WA 98057–3356; phone: 425–917–6498; maintenance procedures if their designs airplanes. This proposed AD was fax: 425–917–6590; email: do not meet the new fuel tank safety prompted by significant changes made [email protected]. standards. As explained in the preamble to the airworthiness limitations (AWLs) SUPPLEMENTARY INFORMATION: to the final rule published on May 7, related to fuel tank ignition prevention. 2001, we intended to adopt Comments Invited This proposed AD would require airworthiness directives to mandate any revising the maintenance or inspection We invite you to send any written changes found necessary to address program, as applicable, to incorporate relevant data, views, or arguments about unsafe conditions identified as a result the latest revision of the AWLs. We are this proposal. Send your comments to of these reviews. proposing this AD to address the unsafe an address listed under the ADDRESSES In evaluating these design reviews, we condition on these products. section. Include ‘‘Docket No. FAA– have established four criteria intended

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to define the unsafe conditions develop in other products of the same components must be done in associated with fuel tank systems that type design. accordance with the CDCCLs specified require corrective actions. The by this proposed AD. Proposed AD Requirements percentage of operating time during Related Rulemaking which fuel tanks are exposed to This proposed AD would require flammable conditions is one of these revision of the maintenance or Five ADs are related to this NPRM. criteria. The other three criteria address inspection program to incorporate the We have determined that certain the failure types under evaluation: ALI and CDCCL tasks described requirements of those ADs may be Single failures, single failures in previously. terminated when the referenced AWLs combination with another latent This proposed AD would require specified in this proposed AD have been condition(s), and in-service failure revisions to certain operator incorporated, as follows: experience. For all four criteria, the maintenance documents to include new • The revision required by paragraph evaluations included consideration of actions (e.g., inspections) and CDCCLs. (g) of AD 2008–04–10 R1, Amendment previous actions taken that may mitigate Compliance with these actions and 39–16121 (74 FR 66227, December 15, the need for further action. CDCCLs is required by 14 CFR 2009). We have determined that the actions 91.403(c). For airplanes that have been • The revision required by paragraph identified in this proposed AD are previously modified, altered, or repaired (h) of AD 2009–05–03, Amendment 39– necessary to reduce the potential of in the areas addressed by this proposed 15827 (74 FR 8851, February 27, 2009). ignition sources inside fuel tanks, AD, the operator may not be able to • The revision required by paragraph which, in combination with flammable accomplish the actions described in the (j) of AD 2011–12–05, Amendment 39– fuel vapors, could result in fuel tank revisions. In this situation, to comply 16712 (76 FR 33991, June 10, 2011). explosions and consequent loss of the with 14 CFR 91.403(c), the operator • The revision required by paragraph airplane. must request approval for an alternative (h) of AD 2013–22–03, Amendment 39– Related Service Information Under 1 method of compliance according to 17635 (78 FR 65193, October 31, 2013). CFR Part 51 paragraph (k) of this proposed AD. The • The revision required by paragraphs We reviewed Boeing 727–100/200 request should include a description of (n)(1) and (n)(2) of AD 2013–24–15, Airworthiness Limitations (AWLs) D6– changes to the required inspections that Amendment 39–17692 (78 FR 72791, 8766–AWL, dated December 2016. The will ensure the continued operational December 4, 2013). safety of the airplane. service information describes AWL Differences Between This Proposed AD Notwithstanding any other tasks that include airworthiness and the Service Information limitation instructions (ALIs) and maintenance or operational critical design configuration control requirements, components that have AWL No. 28–AWL–03 identifies limitations (CDCCLs) related to fuel tank been identified as airworthy or installed certain wire types. Paragraph (h)(1) of ignition prevention. This service on the affected airplanes before this proposed AD specifies additional information is reasonably available accomplishing the revision of the acceptable wire types and cables. because the interested parties have airplane maintenance or inspection AWL No. 28–AWL–03 identifies access to it through their normal course program specified in this proposed AD certain sleeving materials. Paragraph of business or by the means identified do not need to be reworked in (h)(2) of this proposed AD specifies in the ADDRESSES section. accordance with the latest revision of additional acceptable sleeving materials. the CDCCLs specified by this proposed Costs of Compliance FAA’s Determination AD for incorporation. However, once We are proposing this AD because we the airplane maintenance or inspection We estimate that this proposed AD evaluated all the relevant information program has been revised as specified affects 20 airplanes of U.S. registry. We and determined the unsafe condition by this proposed AD, future estimate the following costs to comply described previously is likely to exist or maintenance actions on these with this proposed AD:

ESTIMATED COSTS

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

Maintenance or inspection program revision .. 1 work-hour × $85 per hour = $85 ...... $0 $85 $1,700

Authority for This Rulemaking promoting safe flight of civil aircraft in FAA Order 8000.51C. In accordance Title 49 of the United States Code air commerce by prescribing regulations with that order, issuance of ADs is specifies the FAA’s authority to issue for practices, methods, and procedures normally a function of the Compliance rules on aviation safety. Subtitle I, the Administrator finds necessary for and Airworthiness Division, but during section 106, describes the authority of safety in air commerce. This regulation this transition period, the Executive the FAA Administrator. Subtitle VII: is within the scope of that authority Director has delegated the authority to Aviation Programs, describes in more because it addresses an unsafe condition issue ADs applicable to transport detail the scope of the Agency’s that is likely to exist or develop on category airplanes and associated authority. products identified in this rulemaking appliances to the Director of the System We are issuing this rulemaking under action. Oversight Division. the authority described in Subtitle VII, This proposed AD is issued in Regulatory Findings Part A, Subpart III, Section 44701: accordance with authority delegated by ‘‘General requirements.’’ Under that the Executive Director, Aircraft We determined that this proposed AD section, Congress charges the FAA with Certification Service, as authorized by would not have federalism implications

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under Executive Order 13132. This (c) Applicability specified in paragraph (g)(3)(i) or (g)(3)(ii) of proposed AD would not have a This AD applies to The Boeing Company this AD. substantial direct effect on the States, on Model 727, 727C, 727–100, 727–100C, 727– (i) For airplanes that have been previously the relationship between the national 200, and 727–200F series airplanes, inspected as specified in 28–AWL–17 as of certificated in any category, with an original the effective date of this AD: Conduct the Government and the States, or on the inspection within 12 months after the most distribution of power and standard airworthiness certificate or original export certificate of airworthiness issued on recent inspection. responsibilities among the various or before the effective date of this AD. (ii) For airplanes that have not been levels of government. inspected as specified in 28–AWL–17 as of For the reasons discussed above, I (d) Subject the effective date of this AD: Conduct the certify this proposed regulation: Air Transport Association (ATA) of inspection within 90 days after the effective (1) Is not a ‘‘significant regulatory America Code 28, Fuel. date of this AD. action’’ under Executive Order 12866, (4) For AWL No. 28–AWL–18, ‘‘Fuel (2) Is not a ‘‘significant rule’’ under (e) Unsafe Condition Quantity Indicating System (FQIS)—Out- the DOT Regulatory Policies and This AD was prompted by significant Tank Wiring Lightning Shield to Ground Procedures (44 FR 11034, February 26, changes made to the airworthiness Termination and Joint Resistance for the Volumetric Top-Off (VTO) Unit (If 1979), limitations (AWLs) related to fuel tank ignition prevention. We are issuing this AD Installed)’’: at the applicable time specified (3) Will not affect intrastate aviation to prevent the potential for ignition sources in paragraph (g)(4)(i) or (g)(4)(ii) of this AD. in Alaska, and inside fuel tanks caused by latent failures, (i) For airplanes that have been previously (4) Will not have a significant alterations, repairs, or maintenance actions, inspected as specified in 28–AWL–18 as of economic impact, positive or negative, which, in combination with flammable fuel the effective date of this AD: Conduct the on a substantial number of small entities vapors, could result in fuel tank explosions inspection within 120 months after the most under the criteria of the Regulatory and consequent loss of the airplane. recent inspection. Flexibility Act. (ii) For airplanes that have not been (f) Compliance inspected as specified in 28–AWL–18: List of Subjects in 14 CFR Part 39 Comply with this AD within the Conduct the inspection within 12 months Air transportation, Aircraft, Aviation compliance times specified, unless already after the effective date of this AD. safety, Incorporation by reference, done. (5) For AWL No. 28–AWL–22, ‘‘AC Fuel Boost Pump Bonding Installation’’: at the Safety. (g) Maintenance or Inspection Program applicable time specified in paragraph Revision The Proposed Amendment (g)(5)(i) or (g)(5)(ii) of this AD. Within 60 days after the effective date of (i) For airplanes that have been previously Accordingly, under the authority this AD, revise the maintenance or inspection inspected as specified in 28–AWL–22 as of delegated to me by the Administrator, program, as applicable, to incorporate all the effective date of this AD: Conduct the the FAA proposes to amend 14 CFR part information in Section A, including inspection within 72 months after the most 39 as follows: Subsections A.1 and A.2, of Boeing 727–100/ recent inspection. 200 Airworthiness Limitations (AWLs) D6– (ii) For airplanes that have not been PART 39—AIRWORTHINESS 8766–AWL, dated December 2016. The initial inspected as specified in 28–AWL–22 as of DIRECTIVES compliance times for the airworthiness the effective date of this AD: Conduct the limitation instruction (ALI) items are within inspection within 12 months after the ■ 1. The authority citation for part 39 the applicable compliance times specified in effective date of this AD. continues to read as follows: paragraphs (g)(1) through (g)(6) of this AD. (6) For AWL No. 28–AWL–24, ‘‘Motor (1) For AWL No. 28–AWL–01, ‘‘External Operated Valve Bonding Jumper Authority: 49 U.S.C. 106(g), 40113, 44701. Wires Over Center Fuel Tank (Tank No. 2)’’: Installation—Fault Current Protection’’: at § 39.13 [Amended] at the applicable time specified in paragraph the applicable time specified in paragraph (g)(1)(i) or (g)(1)(ii) of this AD. ■ (g)(6)(i) or (g)(6)(ii) of this AD. 2. The FAA amends § 39.13 by adding (i) For airplanes that have been previously (i) For airplanes that have been previously the following new airworthiness inspected as specified in 28–AWL–01 as of inspected as specified in 28–AWL–24 as of directive (AD): the effective date of this AD: Conduct the the effective date of this AD: Conduct the The Boeing Company: Docket No. FAA– inspection within 120 months after the most inspection within 60 months after the most 2018–0031; Product Identifier 2017– recent inspection. recent inspection. NM–127–AD. (ii) For airplanes that have not been (ii) For airplanes that have not been inspected as specified in 28–AWL–01 as of inspected as specified in 28–AWL–24 as of (a) Comments Due Date the effective date of this AD: Conduct the the effective date of this AD: Conduct the We must receive comments by March 26, inspection within 12 months after the inspection within 12 months after the 2018. effective date of this AD. effective date of this AD. (2) For AWL No. 28–AWL–16, ‘‘Over- (b) Affected ADs Current and Arcing Protection Electrical (h) Additional Acceptable Wire Types and This AD affects the ADs specified in Design Features Operation—Boost Pump Sleeving paragraphs (b)(1) through (b)(5) of this AD. Ground Fault Interrupter (GFI)’’: at the (1) Where AWL No. 28–AWL–03 identifies (1) AD 2008–04–10 R1, Amendment 39– applicable time specified in paragraph wire types BMS 13–48, BMS 13–58, and BMS 16121 (74 FR 66227, December 15, 2009) (g)(2)(i) or (g)(2)(ii) of this AD. 13–60, the following acceptable wire types (‘‘AD 2008–04–10 R1’’). (i) For airplanes that have been previously and cables can be added to AWL No. 28– (2) AD 2009–05–03, Amendment 39–15827 inspected as specified in 28–AWL–16 as of AWL–03: MIL–W–22759/16, SAE AS22759/ (74 FR 8851, February 27, 2009) (‘‘AD 2009– the effective date of this AD: Conduct the 16 (Formerly M22759/16), MIL–W–22759/32, 05–03’’). inspection within 12 months after the most SAE AS22759/32 (Formerly M22759/32), (3) AD 2011–12–05, Amendment 39–16712 recent inspection. MIL–W–22759/34, SAE AS22759/34 (76 FR 33991, June 10, 2011) (‘‘AD 2011–12– (ii) For airplanes that have not been (Formerly M22759/34), MIL–W–22759/41, 05’’). inspected as specified in 28–AWL–16 as of SAE AS22759/41 (Formerly M22759/41), (4) AD 2013–22–03, Amendment 39–17635 the effective date of this AD: Conduct the MIL–W–22759/86, SAE AS22759/86 (78 FR 65193, October 31, 2013) (‘‘AD 2013– inspection within 90 days after the effective (Formerly M22759/86), MIL–W–22759/87, 22–03’’). date of this AD. SAE AS22759/87 (Formerly M22759/87), (5) AD 2013–24–15, Amendment 39–17692 (3) For AWL No. 28–AWL–17, ‘‘Auxiliary MIL–W–22759/92 and SAE AS22759/92 (78 FR 72791, December 4, 2013) (‘‘AD 2013– Tank Fuel Boost Pump Power Failed On (Formerly M22759/92); and MIL–C–27500 24–15’’). Protection System’’: at the applicable time cables that are constructed from the MIL

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specification wire types identified above; and Engineer, Propulsion Section, FAA, Seattle DATES: We must receive comments on NEMA WC 27500 cables that are constructed ACO Branch, 1601 Lind Avenue SW, Renton, this proposed AD by March 26, 2018. from the SAE specification wire types WA 98057–3356; phone: 425–917–6498; fax: ADDRESSES: identified above. 425–917–6590; email: christopher.r.baker@ You may send comments, (2) Where AWL No. 28–AWL–03 identifies faa.gov. using the procedures found in 14 CFR TFE–2X Standard wall for wire sleeving, the (2) For service information identified in 11.43 and 11.45, by any of the following following acceptable sleeving materials can this AD, contact Boeing Commercial methods: be added to AWL No. 28–AWL–03: Roundit Airplanes, Attention: Contractual & Data • Federal eRulemaking Portal: Go to 2000NX and Varglas Type HO, HP, or HM, Services (C&DS), 2600 Westminster Blvd., http://www.regulations.gov. Follow the Grade A. MC 110–SK57, Seal Beach, CA 90740–5600; instructions for submitting comments. telephone 562–797–1717; internet https:// (i) No Alternative Actions, Intervals, and • Fax: 202–493–2251. www.myboeingfleet.com. You may view this Critical Design Configuration Control • Mail: U.S. Department of service information at the FAA, Transport Limitations (CDCCLs) Transportation, Docket Operations, M– Standards Branch, 1601 Lind Avenue SW, After the maintenance or inspection Renton, WA. For information on the 30, West Building Ground Floor, Room program, as applicable, has been revised as availability of this material at the FAA, call W12–140, 1200 New Jersey Avenue SE, required by paragraph (g) of this AD, no 425–227–1221. Washington, DC 20590. alternative actions (e.g., inspections), • Hand Delivery: Deliver to Mail intervals, and CDCCLs may be used unless Issued in Renton, Washington, on January 26, 2018. address above between 9 a.m. and 5 the actions, intervals, and CDCCLs are p.m., Monday through Friday, except approved as an alternative method of Michael Kaszycki, compliance (AMOC), in accordance with the Federal holidays. Acting Director, System Oversight Division, For service information identified in procedures specified in paragraph (k) of this Aircraft Certification Service. AD. this NPRM, contact Airbus SAS, [FR Doc. 2018–02085 Filed 2–7–18; 8:45 am] Airworthiness Office—EAW, 1 Rond (j) Terminating Actions BILLING CODE 4910–13–P Point Maurice Bellonte, 31707 Blagnac Accomplishment of the revision required Cedex, France; telephone: +33 5 61 93 by paragraph (g) of this AD terminates the 36 96; fax: +33 5 61 93 44 51; email: DEPARTMENT OF TRANSPORTATION actions specified in paragraphs (j)(1) through [email protected]; (j)(5) of this AD for the airplane on which the revision has been incorporated. Federal Aviation Administration internet: http://www.airbus.com. You (1) The revision required by paragraph (g) may view this referenced service of AD 2008–04–10 R1. 14 CFR Part 39 information at the FAA, Transport (2) The revision required by paragraph (h) Standards Branch, 1601 Lind Avenue of AD 2009–05–03. [Docket No. FAA–2018–0071; Product SW, Renton, WA. For information on (3) The revision required by paragraph (j) Identifier 2017–NM–063–AD] the availability of this material at the of AD 2011–12–05. FAA, call 425–227–1221. (4) The revision required by paragraph (h) RIN 2120–AA64 of AD 2013–22–03. Examining the AD Docket (5) The revision required by paragraphs Airworthiness Directives; Airbus (n)(1) and (n)(2) of AD 2013–24–15. You may examine the AD docket on Airplanes the internet at http:// (k) Alternative Methods of Compliance www.regulations.gov by searching for (AMOCs) AGENCY: Federal Aviation Administration (FAA), DOT. and locating Docket No. FAA–2018– (1) The Manager, Seattle ACO Branch, 0071; or in person at the Docket ACTION: Notice of proposed rulemaking FAA, has the authority to approve AMOCs Management Facility between 9 a.m. (NPRM). for this AD, if requested using the procedures and 5 p.m., Monday through Friday, found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your SUMMARY: We propose to supersede except Federal holidays. The AD docket principal inspector or local Flight Standards Airworthiness Directive (AD) 2016–23– contains this proposed AD, the District Office, as appropriate. If sending 01, which applies to all Airbus Model regulatory evaluation, any comments information directly to the manager of the A310 series airplanes. AD 2016–23–01 received, and other information. The certification office, send it to the attention of requires repetitive detailed inspections street address for the Docket Operations the person identified in paragraph (l)(1) of for cracking around the fastener holes in office (telephone: 800–647–5527) is in this AD. Information may be emailed to: 9- certain areas of the wing top skin the ADDRESSES section. Comments will [email protected]. be available in the AD docket shortly (2) Before using any approved AMOC, panels, supplemental repetitive notify your appropriate principal inspector, ultrasonic inspections for cracking after receipt. or lacking a principal inspector, the manager around the fastener holes in certain FOR FURTHER INFORMATION CONTACT: Dan of the local flight standards district office/ other areas of the wing top skin panels, Rodina, Aerospace Engineer, certificate holding district office. and repair if necessary. Since we issued International Section, Transport (3) An AMOC that provides an acceptable AD 2016–23–01, an evaluation done by Standards Branch, FAA, 1601 Lind level of safety may be used for any repair, the design approval holder (DAH) Avenue SW, Renton, WA 98057–3356; modification, or alteration required by this telephone: 425–227–2125; fax: 425– AD if it is approved by the Boeing indicates that the wing top skin panel Commercial Airplanes Organization attachment holes at a certain area are 227–1149. Designation Authorization (ODA) that has also subject to widespread fatigue SUPPLEMENTARY INFORMATION: been authorized by the Manager, Seattle ACO damage (WFD). This proposed AD Branch, to make those findings. To be would add an inspection and Comments Invited approved, the repair method, modification modification of the attachment holes of We invite you to send any written deviation, or alteration deviation must meet the wing top skin panels at a certain relevant data, views, or arguments about the certification basis of the airplane, and the area. This proposed AD also includes this proposed AD. Send your comments approval must specifically refer to this AD. terminating action for certain to an address listed under the (l) Related Information inspections. We are proposing this AD ADDRESSES section. Include ‘‘Docket No. (1) For more information about this AD, to address the unsafe condition on these FAA–2018–0071; Product Identifier contact Christopher Baker, Aerospace products. 2017–NM–063–AD’’ at the beginning of

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your comments. We specifically invite structural details and stress levels. As for all Airbus Model A310 series comments on the overall regulatory, an airplane ages, WFD will likely occur, airplanes. The MCAI states: economic, environmental, and energy and will certainly occur if the airplane Following scheduled maintenance, cracks aspects of this proposed AD. We will is operated long enough without any were found around the wing top skin panels consider all comments received by the intervention. fastener holes at Rib 2, between Stringer closing date and may amend this The FAA’s WFD final rule (75 FR (STG) 2 and STG14. proposed AD based on those comments. 69746, November 15, 2010) became This condition, if not detected and We will post all comments we effective on January 14, 2011. The WFD corrected, could reduce the structural receive, without change, to http:// rule requires certain actions to prevent integrity of the aeroplane. www.regulations.gov, including any structural failure due to WFD To address this issue, Airbus developed an personal information you provide. We throughout the operational life of inspection programme, and published will also post a report summarizing each certain existing transport category Service Bulletin (SB) A310–57–2096, substantive verbal contact we receive airplanes and all of these airplanes that providing instructions for repetitive detailed inspections (DET) to ensure that any visible about this proposed AD. will be certificated in the future. For cracks in the wing top skin panels 1 and 2 existing and future airplanes subject to Discussion along Rib 2 are detected on time and repaired the WFD rule, the rule requires that appropriately. Consequently, EASA issued We issued AD 2016–23–01, DAHs establish an LOV of the AD 2008–0211 [which corresponds to FAA Amendment 39–18708 (81 FR 78899, engineering data that support the AD 2010–04–03] to require implementation November 10, 2016) (‘‘AD 2016–23– structural maintenance program. of that inspection programme. 01’’), for all Airbus Model A310 series Operators affected by the WFD rule may After that [EASA] AD was issued, Airbus airplanes. AD 2016–23–01 was not fly an airplane beyond its LOV, improved the inspection programme, revising prompted by development of an unless an extended LOV is approved. SB A310–57–2096 accordingly, to include a ultrasonic inspection program to allow The WFD rule (75 FR 69746, special detailed inspection (SDI), using an for earlier crack detection and extended November 15, 2010) does not require ultrasonic method, to allow earlier crack repetitive inspection intervals. AD detection, to subsequently reduce the scope identifying and developing maintenance of potential repair action, and to extend the 2016–23–01 requires repetitive detailed actions if the DAHs can show that such intervals of the repetitive inspections. inspections for cracking around the actions are not necessary to prevent Consequently, EASA issued AD 2014–0200 fastener holes in certain wing top skin WFD before the airplane reaches the (later revised), retaining the requirements of panels between the front and rear spars LOV. Many LOVs, however, do depend EASA AD 2008–0211, which was on the left- and right-hand sides of the on accomplishment of future superseded, and required supplementary fuselage, supplemental repetitive maintenance actions. As stated in the repetitive SDI [for cracking] of the wing top ultrasonic inspections for cracking WFD rule, any maintenance actions skin panel 1 and 2 between STG2 and STG10 around the fastener holes in wing top necessary to reach the LOV will be at Rib 2 [and repair if needed], as described skin panels 1 and 2 at ribs 2 and 3, and mandated by airworthiness directives in Airbus SB A310–57–2096 Revision 02. repair if necessary. We issued AD 2016– Since EASA AD 2014–0200R1 was issued, through separate rulemaking actions. a Widespread Fatigue Damage (WFD) 23–01 to detect and correct fatigue In the context of WFD, this action is analysis concluded that the inspection cracking around the fastener holes, necessary to enable DAHs to propose programme had to be extended to include the which could result in reduced structural LOVs that allow operators the longest wing top skin panels at Rib 3 attachments, integrity of the airplane. operational lives for their airplanes, and and Airbus issued SB A310–57–2096 Since we issued AD 2016–23–01, still ensure that WFD will not occur. Revision 03 accordingly, to provide the WFD analysis identified structural This approach allows for an necessary instructions. Consequently, EASA modification points for certain fastener implementation strategy that provides issued [EASA] AD 2016–0005 [which holes located at each attachment from flexibility to DAHs in determining the corresponds to FAA AD 2016–23–01], retaining the requirements of EASA AD stringer (STG) 2 through STG10 at ribs timing of service information 2 and 3 on both wings. Inspections and 2014–0200R1, which was superseded, and development (with FAA approval), extending the inspection area to include modifications were developed to reset while providing operators with certainty Rib 3. the fatigue life of the attachment holes regarding the LOV applicable to their In addition to changes to the inspected at the top skin attachment to rib 2 and airplanes. area, WFD analysis identified structural rib 3 up to the limit of validity (LOV). modification points for certain fastener holes, Fatigue damage can occur locally, in Actions Since AD 2016–23–01 Was located at each attachment from STG2 to small areas or structural design details, Issued STG10, at Ribs 2 and 3 on both wings. or globally, in widespread areas. Since we issued AD 2016–23–01, we Airbus developed modification (mod) Multiple-site damage is widespread have received a report that an 13785 and mod 13786, consisting of an SDI, damage that occurs in a large structural evaluation done by the DAH indicates followed by an oversize of the defined holes element such as a single rivet line of a on Ribs 2 and 3 on both wings. Airbus issued that the wing top skin panel attachment SB A310–57–2106 and SB A310–57–2107 to lap splice joining two large skin panels. holes at ribs 2 and 3 are also subject to provide in-service modification instructions Widespread damage can also occur in WFD, and an analysis identified for top skin attachments to Rib 2 and Rib 3 multiple elements such as adjacent structural modification points for respectively. Accomplishment of these frames or stringers. Multiple-site certain fastener holes located at each modifications at the specified time will reset damage and multiple-element damage attachment from STG2 through STG10 the fatigue life of the attachment holes at the cracks are typically too small initially to at ribs 2 and 3 on both wings. top skin attachment to Rib 2 and Rib 3 to the be reliably detected with normal The European Aviation Safety Agency Limit of Validity (LOV). Airbus issued inspection methods. Without (EASA), which is the Technical Agent inspection SB A310–57–2096 Revision 04 to intervention, these cracks will grow, for the Member States of the European account for the inspection requirements post- modification. and eventually compromise the Union, has issued EASA AD 2017–0081, For the reasons describe above, this structural integrity of the airplane. This dated May 8, 2017 (referred to after this [EASA] AD retains the requirements of EASA condition is known as WFD. It is as the Mandatory Continuing AD 2016–0005, which is superseded, associated with general degradation of Airworthiness Information, or ‘‘the requires modifications to the top skin large areas of structure with similar MCAI’’), to correct an unsafe condition attachment holes at Rib 2 and Rib 3, and

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defines the inspection requirements for Rib 2 WFD before it becomes a hazard to and Airworthiness Division, but during and Rib 3 after modification. flight. We will not grant any extensions this transition period, the Executive Modification of the fastener holes at of the compliance time to complete any Director has delegated the authority to top skin ribs 2 and 3 constitutes AD-mandated service bulletin related to issue ADs applicable to transport terminating action for certain repetitive WFD without extensive new data that category airplanes to the Director of the special detailed inspections. You may would substantiate and clearly warrant System Oversight Division. such an extension. examine the MCAI in the AD docket on Regulatory Findings the internet at http:// Costs of Compliance www.regulations.gov by searching for We determined that this proposed AD and locating Docket No. FAA–2018– We estimate that this proposed AD would not have federalism implications 0071. affects 8 airplanes of U.S. registry. under Executive Order 13132. This The actions required by AD 2016–23– proposed AD would not have a Related Service Information Under 1 01, and retained in this proposed AD, substantial direct effect on the States, on CFR Part 51 take about 8 work-hours per product, at the relationship between the national Airbus has issued the following an average labor rate of $85 per work- Government and the States, or on the service information. hour. Based on these figures, the distribution of power and • Airbus Service Bulletin A310–57– estimated cost of the actions that are responsibilities among the various 2096, Revision 04, dated December 5, required by AD 2016–23–01 on U.S. levels of government. operators to be $5,440, or $680 per 2016. This service information describes For the reasons discussed above, I product. procedures for detailed and ultrasonic certify this proposed regulation: inspections for cracking around the We also estimate that it would take fastener holes of wing top skin panels 1 about 95 work-hours per product to 1. Is not a ‘‘significant regulatory and 2, at ribs 2 and 3, on the left- and comply with the basic requirements of action’’ under Executive Order 12866; right-hand sides of the fuselage. this proposed AD. Required parts would 2. Is not a ‘‘significant rule’’ under the • Airbus Service Bulletin A310–57– cost about $10,200 per product. The DOT Regulatory Policies and Procedures 2106, dated November 14, 2016. This average labor rate is $85 per work-hour. (44 FR 11034, February 26, 1979); service information describes Based on these figures, we estimate the 3. Will not affect intrastate aviation in procedures for a special detailed cost of this proposed AD on U.S. Alaska; and inspection and modification of the operators to be $146,200, or $18,275 per 4. Will not have a significant fastener holes of wing top skin panels 1 product. economic impact, positive or negative, and 2, at rib 2. In addition, we estimate that any on a substantial number of small entities • Airbus Service Bulletin A310–57– necessary modification would take under the criteria of the Regulatory 2107, dated November 14, 2016. This about 40 work-hours and require parts Flexibility Act. service information describes costing $10,000, for a cost of $13,400 procedures for a special detailed per product. We have no way of List of Subjects in 14 CFR Part 39 inspection and modification of the determining the number of aircraft that Air transportation, Aircraft, Aviation fastener holes of wing top skin panels 1 might need these actions. safety, Incorporation by reference, and 2, at rib 3. Authority for This Rulemaking Safety. This service information is reasonably available because the interested parties Title 49 of the United States Code The Proposed Amendment have access to it through their normal specifies the FAA’s authority to issue Accordingly, under the authority course of business or by the means rules on aviation safety. Subtitle I, delegated to me by the Administrator, identified in the ADDRESSES section. section 106, describes the authority of the FAA Administrator. ‘‘Subtitle VII: the FAA proposes to amend 14 CFR part FAA’s Determination and Requirements Aviation Programs,’’ describes in more 39 as follows: of This Proposed AD detail the scope of the Agency’s PART 39—AIRWORTHINESS authority. This product has been approved by DIRECTIVES the aviation authority of another We are issuing this rulemaking under country, and is approved for operation the authority described in ‘‘Subtitle VII, ■ Part A, Subpart III, Section 44701: 1. The authority citation for part 39 in the United States. Pursuant to our continues to read as follows: bilateral agreement with the State of General requirements.’’ Under that Design Authority, we have been notified section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. of the unsafe condition described in the promoting safe flight of civil aircraft in § 39.13 [Amended] MCAI and service information air commerce by prescribing regulations referenced above. We are proposing this for practices, methods, and procedures ■ 2. The FAA amends § 39.13 by AD because we evaluated all pertinent the Administrator finds necessary for removing Airworthiness Directive (AD) information and determined an unsafe safety in air commerce. This regulation 2016–23–01, Amendment 39–18708 (81 condition exists and is likely to exist or is within the scope of that authority FR 78899, November 10, 2016), and develop on other products of the same because it addresses an unsafe condition adding the following new AD: type design. that is likely to exist or develop on Airbus: Docket No. FAA–2018–0071; Product products identified in this rulemaking Identifier 2017–NM–063–AD. Explanation of Compliance Time action. (a) Comments Due Date The compliance time for the This proposed AD is issued in modification specified in this proposed accordance with authority delegated by We must receive comments by March 26, AD for addressing WFD was established the Executive Director, Aircraft 2018. to ensure that discrepant structure is Certification Service, as authorized by (b) Affected ADs modified before WFD develops in FAA Order 8000.51C. In accordance This AD replaces AD 2016–23–01, airplanes. Standard inspection with that order, issuance of ADs is Amendment 39–18708 (81 FR 78899, techniques cannot be relied on to detect normally a function of the Compliance November 10, 2016) (‘‘AD 2016–23–01’’).

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(c) Applicability (ii) Within 30 days after December 15, 2016 (3) For Model A310–304, –322, –324, and This AD applies to all Airbus Model A310– (the effective date of AD 2016–23–01). –325 airplanes having an AFT of equal to or 203, –204, –221, –222, –304, –322, –324, and (2) For Model A310–304, –322, –324, and more than 4 hours: Do the actions required –325 airplanes, certificated in any category, –325 airplanes having an average flight time by paragraphs (g)(1) and (g)(2) of this AD all manufacturer serial numbers. (AFT) of less than 4 hours: Do the actions within 6,100 flight hours or 1,200 flight required by paragraphs (g)(1) and (g)(2) of cycles, whichever occurs first since the most (d) Subject this AD at the later of the times specified in recent inspection. paragraphs (h)(2)(i) and (h)(2)(ii) of this AD. Air Transport Association (ATA) of (j) Retained Compliance Times if No America Code 57, Wings. Repeat the inspections specified in paragraphs (g)(1) and (g)(2) of this AD Ultrasonic Equipment Is Available, With (e) Reason thereafter at intervals not to exceed 2,000 Revised Service Information This AD was prompted by an evaluation flight cycles or 5,600 flight hours, whichever This paragraph restates the requirements of done by the design approval holder (DAH) occurs first. paragraph (j) of AD 2016–23–01, with revised indicating that the wing top skin panel (i) Prior to the accumulation of 17,300 service information. If no ultrasonic attachment holes at ribs 2 and 3 are also flight cycles or 48,400 flight hours since first equipment is available for the initial or subject to widespread fatigue damage (WFD). flight of the airplane, whichever occurs first. second inspection required by paragraph (g) We are issuing this AD to detect and correct (ii) Within 30 days after December 15, 2016 or (h) of this AD, accomplish the detailed fatigue cracking around the fastener holes, (the effective date of AD 2016–23–01). inspection specified in paragraph (g)(1) of which could result in reduced structural (3) For Model A310–304, –322, –324, and this AD within the applicable compliance integrity of the airplane. –325 airplanes having an AFT of equal to or times specified in paragraphs (j)(1) and (j)(2) (f) Compliance more than 4 hours: Do the actions required of this AD. After accomplishing the detailed by paragraphs (g)(1) and (g)(2) of this AD at inspection, do the inspections specified in Comply with this AD within the the later of the times specified in paragraphs paragraphs (g)(1) and (g)(2) of this AD at the compliance times specified, unless already (h)(3)(i) and (h)(3)(ii) of this AD. Repeat the applicable compliance times specified by done. inspections specified in paragraphs (g)(1) and paragraphs (i)(1), (i)(2), and (i)(3) of this AD. (g) Retained Repetitive Inspections, With (g)(2) of this AD thereafter at intervals not to Subsequently, repeat the inspections Revised Service Information exceed 1,500 flight cycles or 7,500 flight specified in paragraphs (g)(1) and (g)(2) of hours, whichever occurs first. this AD thereafter at the applicable repetitive This paragraph restates the requirements of (i) Prior to the accumulation of 12,800 intervals specified in paragraphs (h)(1), paragraph (g) of AD 2016–23–01, with flight cycles or 64,300 flight hours since first (h)(2), and (h)(3) of this AD. revised service information. Except as flight of the airplane, whichever occurs first. (1) For airplanes not previously inspected required by paragraph (i) of this AD: Within (ii) Within 30 days after December 15, 2016 before December 15, 2016 (the effective date the initial compliance time and thereafter at (the effective date of AD 2016–23–01). of AD 2016–23–01), using the service the repetitive intervals specified in information identified in paragraph (j)(2)(i), paragraphs (h)(1) through (h)(3) of this AD, (i) Retained Compliance Times for Airplanes as applicable, accomplish the actions (j)(2)(ii), (j)(2)(iii), or (j)(2)(iv) of this AD: Do Previously Inspected, With Revised Service the actions required by paragraph (g)(1) of specified in paragraphs (g)(1) and (g)(2) of Information this AD concurrently and in sequence, in this AD within the initial compliance time This paragraph restates the requirements of accordance with the Accomplishment specified by paragraphs (h)(1), (h)(2), and paragraph (i) of AD 2016–23–01, with revised Instructions of Airbus Service Bulletin A310– (h)(3) of this AD, as applicable. service information. 57–2096, Revision 03, dated June 30, 2015, (2) For airplanes previously inspected For airplanes previously inspected before or Revision 04, dated December 5, 2016; before December 15, 2016 (the effective date December 15, 2016 (the effective date of AD except as provided by paragraph (j) of this of AD 2016–23–01), using the service 2016–23–01), using Airbus Service Bulletin AD. As of the effective date of this AD, use information identified in paragraph (j)(2)(i), A310–57–2096, dated May 6, 2008; Airbus only Airbus Service Bulletin A310–57–2096, (j)(2)(ii), (j)(2)(iii), or (j)(2)(iv) of this AD: Do Revision 04, dated December 5, 2016, to Service Bulletin A310–57–2096, Revision 01, the actions required by paragraph (g)(1) of accomplish the required actions. dated August 5, 2010; or Airbus Service this AD within the applicable compliance (1) Accomplish a detailed inspection for Bulletin A310–57–2096, Revision 02, dated times specified in paragraphs (i)(1), (i)(2), cracking around the fastener holes in the March 5, 2014: At the applicable compliance and (i)(3) of this AD. wing top skin panels 1 and 2, along ribs 2 times specified in paragraphs (i)(1), (i)(2), (i) Airbus Service Bulletin A310–57–2096, and 3, between the front and rear spars on and (i)(3) of this AD, accomplish the actions dated May 6, 2008. the left- and right-hand sides of the fuselage. specified in paragraphs (g)(1) and (g)(2) (ii) Airbus Service Bulletin A310–57–2096, (2) Accomplish an ultrasonic inspection for concurrently and in sequence, in accordance Revision 01, dated August 5, 2010. cracking around the fastener holes in the with the Accomplishment Instructions of (iii) Airbus Service Bulletin A310–57– wing top skin panels 1 and 2, along ribs 2 Airbus Service Bulletin A310–57–2096, 2096, Revision 02, dated March 5, 2014. and 3, between stringer (STG) 2 and STG10 Revision 03, dated June 30, 2015, or Revision (iv) Airbus Service Bulletin A310–57– on the left- and right-hand sides of the 04, dated December 5, 2016. As of the 2096, Revision 03, dated June 30, 2015. fuselage. effective date of this AD, use only Airbus Service Bulletin A310–57–2096, Revision 04, (k) Retained Repair of Cracking, With No (h) Retained Compliance Times for dated December 5, 2016, to accomplish the Changes Airplanes Not Previously Inspected, With No required actions. Repeat the inspections This paragraph restates the requirements of Changes specified in paragraphs (g)(1) and (g)(2) of paragraph (k) of AD 2016–23–01, with no This paragraph restates the requirements of this AD thereafter at the repetitive intervals changes. If any cracking is found during any paragraph (h) of AD 2016–23–01, with no specified in paragraphs (h)(1), (h)(2), and inspection required by paragraph (g), (h), (i), changes. (h)(3) of this AD, as applicable. or (j) of this AD, before further flight, repair (1) For Model A310–203, –204, –221, and (1) For Model A310–203, –204, –221, and the cracking using a method approved by the –222 airplanes: Do the actions required by –222 airplanes: Do the actions required by Manager, International Section, Transport paragraphs (g)(1) and (g)(2) of this AD at the paragraphs (g)(1) and (g)(2) of this AD within Standards Branch, FAA; or the European later of the times specified in paragraphs 3,500 flight hours or 1,700 flight cycles, Aviation Safety Agency (EASA); or Airbus’s (h)(1)(i) and (h)(1)(ii) of this AD. Repeat the whichever occurs first since the most recent EASA Design Organization Approval (DOA). inspections specified in paragraphs (g)(1) and inspection. If approved by the DOA, the approval must (g)(2) of this AD thereafter at intervals not to (2) For Model A310–304, –322, –324, and include the DOA-authorized signature. exceed 2,000 flight cycles or 4,100 flight –325 airplanes having an AFT of less than 4 Accomplishing the repair specified in this hours, whichever occurs first. hours: Do the actions required by paragraphs paragraph terminates the repetitive (i) Prior to the accumulation of 18,700 (g)(1) and (g)(2) of this AD within 4,600 flight inspections required by paragraph (g), (h), (i), flight cycles or 37,400 flight hours since first hours or 1,600 flight cycles, whichever or (j) of this AD, as applicable, for the flight of the airplane, whichever occurs first. occurs first since the most recent inspection. repaired area only.

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(l) Retained Definition of AFT, With No first flight of the airplane, whichever occurs repetitive special detailed inspections Changes first. required by paragraph (g)(2) of this AD for This paragraph restates the requirements of (ii) Within 30 days after the effective date the modified fastener holes at top skin rib 2 paragraph (l) of AD 2016–23–01, with no of this AD. for that airplane. After modification, the un- changes. For the purposes of this AD, the modified fastener holes at top skin rib 2 (o) New Requirements of This AD: Rib 3 between the front and rear spars remain AFT should be established as specified in Inspection and Modification paragraphs (l)(1), (l)(2), and (l)(3) of this AD subject to the repetitive inspections required for the determination of the compliance At the compliance time specified in by paragraph (g)(1) of this AD. times. paragraph (p) of this AD, as applicable, (2) Accomplishment of the modification (1) The inspection threshold is defined as accomplish the actions specified in specified in paragraph (o) of this AD the total flight hours accumulated (counted paragraphs (o)(1) and (o)(2) of this AD constitutes terminating action for the from take-off to touch-down), divided by the concurrently and in sequence, in accordance repetitive special detailed inspections total number of flight cycles accumulated at with the Accomplishment Instructions of required by paragraph (g)(2) of this AD for the effective date of this AD. Airbus Service Bulletin A310–57–2107, the modified fastener holes at top skin rib 3 (2) The initial inspection interval is dated November 14, 2016. for that airplane. After modification, the un- defined as the total flight hours accumulated (1) Accomplish a special detailed modified fastener holes at top skin rib 3 divided by the total number of flight cycles inspection to determine the diameter of the between the front and rear spars remain accumulated at the time of the initial fastener holes in the wing top skin panels 1 subject to the repetitive inspection required inspection threshold. and 2, at rib 3 of both wings. by paragraph (g)(1) of this AD. (3) The second inspection interval is (2) Modify the fastener holes. (s) Other FAA AD Provisions defined as the total flight hours accumulated (p) New Compliance Times for Rib 3 (1) Alternative Methods of Compliance divided by the total number of flight cycles Inspection and Modification accumulated between the initial and second (AMOCs): The Manager, International inspection threshold. For all inspection (1) For Model A310–203, –204, –221, and Section, Transport Standards Branch, FAA, intervals onwards, the average flight time is –222 airplanes: Do the actions required by has the authority to approve AMOCs for this the flight hours divided by the flight cycles paragraphs (o)(1) and (o)(2) of this AD at the AD, if requested using the procedures found accumulated between the last two later of the times specified in paragraphs in 14 CFR 39.19. In accordance with 14 CFR inspections. (p)(1)(i) and (p)(1)(ii) of this AD. 39.19, send your request to your principal (i) Prior to the accumulation of 46,400 inspector or local Flight Standards District (m) New Requirements of This AD: Rib 2 flight cycles or 92,900 flight hours since first Office, as appropriate. If sending information Inspection and Modification flight of the airplane, whichever occurs first. directly to the International Branch, send it At the compliance time specified in (ii) Within 30 days after the effective date to the attention of the person identified in paragraph (n) of this AD, as applicable, of this AD. paragraph (t)(2) of this AD. Information may accomplish the actions specified in (2) For Model A310–304, –322, –324, and be emailed to: 9-ANM-116-AMOC- paragraphs (m)(1) and (m)(2) of this AD –325 airplanes having an average flight time [email protected]. Before using any concurrently and in sequence, in accordance (AFT) of less than 4 hours: Do the actions approved AMOC, notify your appropriate with the Accomplishment Instructions of required by paragraphs (o)(1) and (o)(2) of principal inspector, or lacking a principal Airbus Service Bulletin A310–57–2106, this AD at the later of the times specified in inspector, the manager of the local flight dated November 14, 2016. paragraphs (p)(2)(i) and (p)(2)(ii) of this AD. standards district office/certificate holding (1) Accomplish a special detailed (i) Prior to the accumulation of 45,400 district office. inspection to determine the diameter of the flight cycles or 127,300 flight hours since (2) Contacting the Manufacturer: As of the fastener holes in the wing top skin panels 1 first flight of the airplane, whichever occurs effective date of this AD, for any requirement and 2, at rib 2 of both wings. first. in this AD to obtain corrective actions from (2) Modify the fastener holes. (ii) Within 30 days after the effective date a manufacturer, the action must be of this AD. accomplished using a method approved by (n) New Compliance Times for Rib 2 (3) For Model A310–304, –322, –324, and the Manager, International Section, Transport Inspection and Modification –325 airplanes having an AFT of 4 hours or Standards Branch, FAA; or EASA; or (1) For Model A310–203, –204, –221, and more: Do the actions required by paragraphs Airbus’s EASA DOA. If approved by the –222 airplanes: Do the actions required by (o)(1) and (o)(2) of this AD at the later of the DOA, the approval must include the DOA- paragraphs (m)(1) and (m)(2) of this AD at the times specified in paragraphs (p)(3)(i) and authorized signature. later of the times specified in paragraphs (p)(3)(ii) of this AD. (3) Required for Compliance (RC): If any (n)(1)(i) and (n)(1)(ii) of this AD. (i) Prior to the accumulation of 33,800 service information contains procedures or (i) Prior to the accumulation of 40,000 flight cycles or 169,000 flight hours since tests that are identified as RC, those flight cycles or 93,300 flight hours since first first flight of the airplane, whichever occurs procedures and tests must be done to comply flight of the airplane, whichever occurs first. first. with this AD; any procedures or tests that are (ii) Within 30 days after the effective date (ii) Within 30 days after the effective date not identified as RC are recommended. Those of this AD. of this AD. procedures and tests that are not identified (2) For Model A310–304, –322, –324, and as RC may be deviated from using accepted –325 airplanes having an average flight time (q) New Corrective Actions methods in accordance with the operator’s (AFT) of less than 4 hours: Do the actions If any cracking is found during any maintenance or inspection program without required by paragraphs (m)(1) and (m)(2) of inspection required by paragraph (m), (n), (o), obtaining approval of an AMOC, provided this AD at the later of the times specified in or (p) of this AD, before further flight, repair the procedures and tests identified as RC can paragraphs (n)(2)(i) and (n)(2)(ii) of this AD. the cracking using a method approved by the be done and the airplane can be put back in (i) Prior to the accumulation of 40,000 Manager, International Section, Transport an airworthy condition. Any substitutions or flight cycles or 116,000 flight hours since Standards Branch, FAA; or EASA; or changes to procedures or tests identified as first flight of the airplane, whichever occurs Airbus’s EASA DOA. If approved by the RC require approval of an AMOC. first. DOA, the approval must include the DOA- (t) Related Information (ii) Within 30 days after the effective date authorized signature. Accomplishing the of this AD. repair specified in this paragraph terminates (1) Refer to Mandatory Continuing (3) For Model A310–304, –322, –324, and the repetitive inspections required by Airworthiness Information (MCAI) EASA AD –325 airplanes having an AFT of 4 hours or paragraph (g), (h), (i), or (j) of this AD, as 2017–0081, dated May 8, 2017, for related more: Do the actions required by paragraphs applicable, for the repaired area only. information. This MCAI may be found in the (m)(1) and (m)(2) of this AD at the later of AD docket on the internet at http:// the times specified in paragraphs (n)(3)(i) and (r) New Terminating Actions www.regulations.gov by searching for and (n)(3)(ii) of this AD. (1) Accomplishment of the modification locating Docket No. FAA–2018–0071. (i) Prior to the accumulation of 30,000 specified in paragraph (m) of this AD (2) For more information about this AD, flight cycles or 150,000 flight hours since constitutes terminating action for the contact Dan Rodina, Aerospace Engineer,

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International Section, Transport Standards M–30, West Building Ground Floor, Discussion Branch, FAA, 1601 Lind Avenue SW, Room W12–140, 1200 New Jersey Fatigue damage can occur locally, in Renton, WA 98057–3356; telephone: 425– Avenue SE, Washington, DC 20590. 227–2125; fax: 425–227–1149. • small areas or structural design details, (3) For service information identified in Hand Delivery: Deliver to Mail or globally, in widespread areas. this AD, contact Airbus SAS, Airworthiness address above between 9 a.m. and 5 Multiple-site damage is widespread Office—EAW, 1 Rond Point Maurice p.m., Monday through Friday, except damage that occurs in a large structural Bellonte, 31707 Blagnac Cedex, France; Federal holidays. element such as a single rivet line of a telephone: +33 5 61 93 36 96; fax: +33 5 61 For service information identified in lap splice joining two large skin panels. 93 44 51; email: account.airworth-eas@ this NPRM, contact Airbus SAS, airbus.com; internet: http://www.airbus.com. Widespread damage can also occur in Airworthiness Office—EAW, 1 Rond multiple elements such as adjacent You may view this service information at the Point Maurice Bellonte, 31707 Blagnac FAA, Transport Standards Branch, 1601 Lind frames or stringers. Multiple-site Avenue SW, Renton, WA. For information on Cedex, France; telephone: +33 5 61 93 damage and multiple-element damage the availability of this material at the FAA, 36 96; fax: +33 5 61 93 44 51; email: cracks are typically too small initially to call 425–227–1221. [email protected]; be reliably detected with normal Issued in Renton, Washington, on January internet: http://www.airbus.com. You inspection methods. Without 25, 2018. may view this service information at the intervention, these cracks will grow, Michael Kaszycki, FAA, Transport Standards Branch, 1601 and eventually compromise the Lind Avenue SW, Renton, WA. For Acting Director, System Oversight Division, structural integrity of the airplane. This Aircraft Certification Service. information on the availability of this condition is known as widespread material at the FAA, call 425–227–1221. [FR Doc. 2018–02084 Filed 2–7–18; 8:45 am] fatigue damage. It is associated with BILLING CODE 4910–13–P Examining the AD Docket general degradation of large areas of structure with similar structural details You may examine the AD docket on and stress levels. As an airplane ages, DEPARTMENT OF TRANSPORTATION the internet at http:// WFD will likely occur, and will www.regulations.gov by searching for certainly occur if the airplane is Federal Aviation Administration and locating Docket No. FAA–2018– operated long enough without any 0025; or in person at the Docket intervention. 14 CFR Part 39 Management Facility between 9 a.m. The FAA’s WFD final rule (75 FR and 5 p.m., Monday through Friday, 69746, November 15, 2010) became [Docket No. FAA–2018–0025; Product except Federal holidays. The AD docket Identifier 2017–NM–101–AD] effective on January 14, 2011. The WFD contains this NPRM, the regulatory rule requires certain actions to prevent RIN 2120–AA64 evaluation, any comments received, and structural failure due to WFD other information. The street address for throughout the operational life of Airworthiness Directives; Airbus the Docket Operations office (telephone: Airplanes certain existing transport category 800–647–5527) is in the ADDRESSES airplanes and all of these airplanes that AGENCY: Federal Aviation section. Comments will be available in will be certificated in the future. For Administration (FAA), DOT. the AD docket shortly after receipt. existing and future airplanes subject to ACTION: Notice of proposed rulemaking FOR FURTHER INFORMATION CONTACT: Dan the WFD rule, the rule requires that (NPRM). Rodina, Aerospace Engineer, DAHs establish a limit of validity (LOV) International Section, Transport of the engineering data that support the SUMMARY: We propose to adopt a new Standards Branch, FAA, 1601 Lind structural maintenance program. airworthiness directive (AD) for all Avenue SW, Renton, WA 98057–3356; Operators affected by the WFD rule may Airbus Model A310–203, –221, –222, telephone: 425–227–2125; fax: 425– not fly an airplane beyond its LOV, –304, –322, –324, and –325 airplanes. 227–1149. unless an extended LOV is approved. This proposed AD was prompted by a SUPPLEMENTARY INFORMATION: The WFD rule (75 FR 69746, design approval holder (DAH) November 15, 2010) does not require evaluation indicating that the outer Comments Invited identifying and developing maintenance wing lower junction is subject to We invite you to send any written actions if the DAHs can show that such widespread fatigue damage (WFD). This relevant data, views, or arguments about actions are not necessary to prevent proposed AD would require modifying this proposed AD. Send your comments WFD before the airplane reaches the the fastener holes at certain locations, to an address listed under the LOV. Many LOVs, however, do depend which includes related investigative ADDRESSES section. Include ‘‘Docket No. on accomplishment of future actions and applicable corrective FAA–2018–0025; Product Identifier maintenance actions. As stated in the actions. We are proposing this AD to 2017–NM–101–AD’’ at the beginning of WFD rule, any maintenance actions address the unsafe condition on these your comments. We specifically invite necessary to reach the LOV will be products. comments on the overall regulatory, mandated by airworthiness directives DATES: We must receive comments on economic, environmental, and energy through separate rulemaking actions. this proposed AD by March 26, 2018. aspects of this NPRM. We will consider In the context of WFD, this action is ADDRESSES: You may send comments, all comments received by the closing necessary to enable DAHs to propose using the procedures found in 14 CFR date and may amend this NPRM based LOVs that allow operators the longest 11.43 and 11.45, by any of the following on those comments. operational lives for their airplanes, and methods: We will post all comments we still ensure that WFD will not occur. • Federal eRulemaking Portal: Go to receive, without change, to http:// This approach allows for an http://www.regulations.gov. Follow the www.regulations.gov, including any implementation strategy that provides instructions for submitting comments. personal information you provide. We flexibility to DAHs in determining the • Fax: 202–493–2251. will also post a report summarizing each timing of service information • Mail: U.S. Department of substantive verbal contact we receive development (with FAA approval), Transportation, Docket Operations, about this NPRM. while providing operators with certainty

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regarding the LOV applicable to their affected holes at Rib 1, stiffeners 1 to 14, on actions. This service information is airplanes. both outer wings between FR 40 and FR 47. reasonably available because the The European Aviation Safety Agency Required actions include a interested parties have access to it (EASA), which is the Technical Agent modification of the fastener holes at rib through their normal course of business for the Member States of the European 1, stiffeners 1 to 14, on both outer wings or by the means identified in the Union, has issued EASA AD 2017–0122, between FR 40 and FR 47 by cold- ADDRESSES section. dated July 18, 2017 (referred to after this working. The modification includes as the Mandatory Continuing related investigative actions and FAA’s Determination and Requirements Airworthiness Information, or ‘‘the applicable corrective actions. The of This Proposed AD MCAI’’), to correct an unsafe condition related investigative actions include a This product has been approved by for all Airbus Model A310–203, –221, rotating probe test of the fastener holes the aviation authority of another –222, –304, –308, –322, –324, and –325 for cracks and checking the hole country, and is approved for operation airplanes. The MCAI states: diameter for certain diameters. The in the United States. Pursuant to our In response to the FAA Part 26 rule, wing corrective action is repair. structural items of the Airbus A310 design You may examine the MCAI in the bilateral agreement with the State of were assessed regarding Widespread Fatigue AD docket on the internet at http:// Design Authority, we have been notified Damage (WFD) phenomenon. One outcome www.regulations.gov by searching for of the unsafe condition described in the was that the outer wing lower junction is and locating Docket No. FAA–2018– MCAI and service information prone to WFD at level of the first fasteners 0025. referenced above. We are proposing this row, close to Rib 1 between Frame (FR) 40 AD because we evaluated all pertinent and FR 47. Related Service Information Under 1 information and determined an unsafe This condition, if not corrected, could CFR Part 51 reduce the structural integrity of the wing. condition exists and is likely to exist or Prompted by the conclusion of WFD Airbus has issued Service Bulletin develop on other products of the same analysis, Airbus issued Service Bulletin (SB) A310–57–2105, Revision 00, dated type design. A310–57–2105 to provide modification November 23, 2016. The service instructions. The accomplishment of this information describes procedures for a Costs of Compliance modification at the specified time will modification of the fastener holes at rib recondition/renovate/extend the life of the We estimate that this proposed AD 1, stiffeners 1 to 14, on both outer wings fasteners holes at Rib 1, in order to reach the affects 13 airplanes of U.S. registry. Limit Of Validity. between FR 40 and FR 47 by cold- For the reasons described above, this working and includes related We estimate the following costs to [EASA] AD requires cold working of the investigative actions and corrective comply with this proposed AD:

ESTIMATED COSTS

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

Modification, including related investigative 66 work-hours × $85 per hour = $5,610 ...... $24,200 $29,810 $387,530 actions.

We estimate the following costs to do required based on the results of the determining the number of aircraft that any necessary repair that would be proposed inspection. We have no way of might need this repair:

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Repair ...... 9 work-hours × $85 per hour = $765 ...... $254 $1,019

Authority for This Rulemaking the Administrator finds necessary for issue ADs applicable to transport Title 49 of the United States Code safety in air commerce. This regulation category airplanes to the Director of the specifies the FAA’s authority to issue is within the scope of that authority System Oversight Division. because it addresses an unsafe condition rules on aviation safety. Subtitle I, Regulatory Findings section 106, describes the authority of that is likely to exist or develop on the FAA Administrator. ‘‘Subtitle VII: products identified in this rulemaking We determined that this proposed AD Aviation Programs,’’ describes in more action. would not have federalism implications detail the scope of the Agency’s This proposed AD is issued in under Executive Order 13132. This authority. accordance with authority delegated by proposed AD would not have a We are issuing this rulemaking under the Executive Director, Aircraft substantial direct effect on the States, on the authority described in ‘‘Subtitle VII, Certification Service, as authorized by the relationship between the national Part A, Subpart III, Section 44701: FAA Order 8000.51C. In accordance Government and the States, or on the General requirements.’’ Under that with that order, issuance of ADs is distribution of power and section, Congress charges the FAA with normally a function of the Compliance responsibilities among the various promoting safe flight of civil aircraft in and Airworthiness Division, but during levels of government. air commerce by prescribing regulations this transition period, the Executive For the reasons discussed above, I for practices, methods, and procedures Director has delegated the authority to certify this proposed regulation:

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1. Is not a ‘‘significant regulatory PART 39—AIRWORTHINESS (e) Reason action’’ under Executive Order 12866; DIRECTIVES This AD was prompted by a design 2. Is not a ‘‘significant rule’’ under the approval holder (DAH) evaluation indicating ■ 1. The authority citation for part 39 DOT Regulatory Policies and Procedures that the outer wing lower junction is subject continues to read as follows: to widespread fatigue damage (WFD). We are (44 FR 11034, February 26, 1979); issuing this AD to prevent WFD at the outer Authority: 49 U.S.C. 106(g), 40113, 44701. 3. Will not affect intrastate aviation in wing lower junction, which could result in Alaska; and § 39.13 [Amended] reduced structural integrity of the airplane. 4. Will not have a significant ■ 2. The FAA amends § 39.13 by adding (f) Compliance economic impact, positive or negative, the following new airworthiness Comply with this AD within the on a substantial number of small entities directive (AD): compliance times specified, unless already under the criteria of the Regulatory Airbus: Docket No. FAA–2018–0025; Product done. Flexibility Act. Identifier 2017–NM–101–AD. (g) Modification List of Subjects in 14 CFR Part 39 (a) Comments Due Date Before exceeding the compliance time We must receive comments by March 26, specified in figure 1 to paragraph (g) of this Air transportation, Aircraft, Aviation 2018. AD, as applicable, or within 30 days after the safety, Incorporation by reference, effective date of this AD, whichever occurs (b) Affected ADs later: Modify the fastener holes at rib 1, Safety. None. stiffeners 1 to 14, on both outer wings The Proposed Amendment between frame (FR) 40 and FR 47, including (c) Applicability doing all related investigative and applicable Accordingly, under the authority This AD applies to all Airbus Model A310– corrective actions, in accordance with the delegated to me by the Administrator, 203, –221, –222, –304, –322, –324, and –325 Accomplishment Instructions of Airbus airplanes, certificated in any category. Service Bulletin A310–57–2105, Revision 00, the FAA proposes to amend 14 CFR part dated November 23, 2016, except as required 39 as follows: (d) Subject by paragraph (h) of this AD. Do all related Air Transport Association (ATA) of investigative and applicable corrective America Code 57, Wings. actions before further flight.

(h) Service Information Exception Office, as appropriate. If sending information the approval must include the DOA- Where Airbus Service Bulletin A310–57– directly to the International Section, send it authorized signature. 2105, Revision 00, dated November 23, 2016, to the attention of the person identified in (3) Required for Compliance (RC): Except specifies to contact Airbus for appropriate paragraph (j)(2) of this AD. Information may as required by paragraph (h) of this AD: If action, and specifies that action as ‘‘RC’’ be emailed to: 9-ANM-116-AMOC- any service information contains procedures (Required for Compliance): Before further [email protected]. Before using any or tests that are identified as RC, those flight, accomplish corrective actions in approved AMOC, notify your appropriate procedures and tests must be done to comply accordance with the procedures specified in principal inspector, or lacking a principal with this AD; any procedures or tests that are paragraph (i)(2) of this AD. inspector, the manager of the local flight not identified as RC are recommended. Those (i) Other FAA AD Provisions standards district office/certificate holding procedures and tests that are not identified district office. The following provisions also apply to this as RC may be deviated from using accepted (2) Contacting the Manufacturer: For any AD: methods in accordance with the operator’s (1) Alternative Methods of Compliance requirement in this AD to obtain corrective maintenance or inspection program without (AMOCs): The Manager, International actions from a manufacturer, the action must obtaining approval of an AMOC, provided Section, Transport Standards Branch, FAA, be accomplished using a method approved the procedures and tests identified as RC can has the authority to approve AMOCs for this by the Manager, International Section, be done and the airplane can be put back in AD, if requested using the procedures found Transport Standards Branch, FAA; or the an airworthy condition. Any substitutions or in 14 CFR 39.19. In accordance with 14 CFR European Aviation Safety Agency (EASA); or changes to procedures or tests identified as Airbus’s EASA Design Organization 39.19, send your request to your principal RC require approval of an AMOC. inspector or local Flight Standards District Approval (DOA). If approved by the DOA,

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(j) Related Information serialization of the HSTA attachment this proposed AD. Send your comments (1) Refer to Mandatory Continuing pins and trunnions, and repair or to an address listed under the Airworthiness Information (MCAI) EASA AD replacement of damaged HSTA ADDRESSES section. Include ‘‘Docket No. 2017–0122, dated July 18, 2017, for related attachment pins and trunnions. We are FAA–2018–0028; Product Identifier information. This MCAI may be found in the proposing this AD to address the unsafe 2017–NM–143–AD’’ at the beginning of AD docket on the internet at http:// condition on these products. your comments. We specifically invite www.regulations.gov by searching for and DATES: We must receive comments on comments on the overall regulatory, locating Docket No. FAA–2018–0025. (2) For more information about this AD, this proposed AD by March 26, 2018. economic, environmental, and energy contact Dan Rodina, Aerospace Engineer, ADDRESSES: You may send comments, aspects of this NPRM. We will consider International Section, Transport Standards using the procedures found in 14 CFR all comments received by the closing Branch, FAA, 1601 Lind Avenue SW, 11.43 and 11.45, by any of the following date and may amend this NPRM based Renton, WA 98057–3356; telephone: 425– methods: on those comments. 227–2125; fax: 425–227–1149. • Federal eRulemaking Portal: Go to We will post all comments we (3) For service information identified in http://www.regulations.gov. Follow the receive, without change, to http:// this AD, contact Airbus SAS, Airworthiness instructions for submitting comments. www.regulations.gov, including any Office—EAW, 1 Rond Point Maurice • Fax: 202–493–2251. personal information you provide. We Bellonte, 31707 Blagnac Cedex, France; • Mail: U.S. Department of telephone: +33 5 61 93 36 96; fax: +33 5 61 will also post a report summarizing each 93 44 51; email: account.airworth-eas@ Transportation, Docket Operations, substantive verbal contact we receive airbus.com; internet: http://www.airbus.com. M–30, West Building Ground Floor, about this NPRM. Room W12–140, 1200 New Jersey You may view this service information at the Discussion FAA, Transport Standards Branch, 1601 Lind Avenue SE, Washington, DC 20590. Avenue SW, Renton, WA. For information on • Hand Delivery: Deliver to Mail Transport Canada Civil Aviation the availability of this material at the FAA, address above between 9 a.m. and 5 (TCCA), which is the aviation authority call 425–227–1221. p.m., Monday through Friday, except for Canada, has issued Canadian Issued in Renton, Washington, on January Federal holidays. Airworthiness Directive CF–2017–24, 25, 2018. For service information identified in dated July 12, 2017 (referred to after this Michael Kaszycki, this NPRM, contact Bombardier, Inc., as the Mandatory Continuing 400 Coˆte Vertu Road West, Dorval, Airworthiness Information, or ‘‘the Acting Director, System Oversight Division, ´ Aircraft Certification Service. Quebec H4S 1Y9, Canada; Widebody MCAI’’), to correct an unsafe condition Customer Response Center North [FR Doc. 2018–02018 Filed 2–7–18; 8:45 am] for certain Bombardier, Inc., Model CL– America toll-free telephone 1–866–538– BILLING CODE 4910–13–P 600–1A11 (CL–600), CL–600–2A12 (CL– 1247 or direct-dial telephone 1–514– 601 Variant), and CL–600–2B16 (CL– 855–2999; fax 514–855–7401; email 601–3A, CL–601–3R, and CL–604 DEPARTMENT OF TRANSPORTATION [email protected]; internet Variants) airplanes. The MCAI states: http://www.bombardier.com. You may During a review of the Horizontal Federal Aviation Administration view this service information at the FAA, Transport Standards Branch, 1601 Stabilizer Trim Actuator (HSTA) system, it was discovered that the safe life limits of the 14 CFR Part 39 Lind Avenue SW, Renton, WA. For HSTA attachment pins and trunnions were information on the availability of this not listed in the Airworthiness Limitation [Docket No. FAA–2018–0028; Product material at the FAA, call 425–227–1221. (AWL) Section of the Instructions for Identifier 2017–NM–143–AD] Examining the AD Docket Continued Airworthiness. Also, the HSTA RIN 2120–AA64 attachment pins and trunnions were not You may examine the AD docket on serialized making it impossible to keep Airworthiness Directives; Bombardier, the internet at http:// accurate records of the life of these parts. Inc., Airplanes www.regulations.gov by searching for Failure of these pins and trunnions could and locating Docket No. FAA–2018– lead to a disconnect of the horizontal AGENCY: Federal Aviation 0028; or in person at the Docket stabilizer and subsequent loss of the Administration (FAA), DOT. Management Facility between 9 a.m. aeroplane. and 5 p.m., Monday through Friday, This [Canadian] AD mandates the ACTION: Notice of proposed rulemaking incorporation of AWL tasks into the (NPRM). except Federal holidays. The AD docket maintenance schedule and serialization of contains this NPRM, the regulatory HSTA attachment pins and trunnions. Some SUMMARY: We propose to adopt a new evaluation, any comments received, and aircraft require AWL tasks and serialization airworthiness directive (AD) for certain other information. The street address for of the attachment pins only, while others Bombardier, Inc., Model CL–600–1A11 the Docket Operations office (telephone require AWL tasks and serialization of the (CL–600), CL–600–2A12 (CL–601 800–647–5527) is in the ADDRESSES trunnions and attachment pins [and repair or Variant), and CL–600–2B16 (CL–601– section. Comments will be available in replacement if damaged (including linear 3A, CL–601–3R, and CL–604 Variants) the AD docket shortly after receipt. scratches, pits, spalling, dents, or surface texture variations)]. airplanes. This proposed AD was FOR FURTHER INFORMATION CONTACT: Aziz prompted by a determination that the Ahmed, Aerospace Engineer, Airframe This proposed AD would require safe life limits of the horizontal and Mechanical Systems Section, FAA, revisions to certain operator stabilizer trim actuator (HSTA) New York ACO Branch, 1600 Stewart maintenance documents to include new attachment pins and trunnions were not Avenue, Suite 410, Westbury, NY actions (e.g., inspections). Compliance listed in certain airworthiness 11590; telephone 516–228–7239; fax with these actions is required by 14 CFR limitations (AWLs) and that the HSTA 516–794–5531. 91.403(c). For airplanes that have been attachment pins and trunnions were not SUPPLEMENTARY INFORMATION: previously modified, altered, or repaired serialized. This proposed AD would in the areas addressed by this proposed require revision of the maintenance or Comments Invited AD, the operator may not be able to inspection program, as applicable, to We invite you to send any written accomplish the actions described in the include the latest revision of the AWLs, relevant data, views, or arguments about revisions. In this situation, to comply

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with 14 CFR 91.403(c), the operator • Task 5–10–10, ‘‘Time Limits • Task 27–42–01–108, ‘‘Discard of the must request approval for an alternative (Structural),’’ of Section 5–10–00, Horizontal-Stabilizer Trim-Actuator method of compliance according to ‘‘Airworthiness Limitations,’’ of (HSTA) Trunnion Support; Part No. paragraph (m)(1) of this proposed AD. Bombardier Challenger 601 Time 601R92386–1/–3,’’ of Section 5–10–10, The request should include a Limits/Maintenance Checks, Publication ‘‘Life Limits (Structures),’’ of description of changes to the required No. PSP–601A5, Revision 41, dated Bombardier Challenger 650 CL–650 actions that will ensure the continued March 28, 2017. Time Limits/Maintenance Checks, Part operational safety of the airplane. • Task 5–10–11, ‘‘Time Limits 2 Airworthiness Limitations, Revision 4, You may examine the MCAI in the (Structural),’’ of Section 5–10–00, dated June 16, 2017. AD docket on the internet at http:// ‘‘Airworthiness Limitations,’’ of • Task 27–42–01–112, ‘‘Discard of the www.regulations.gov by searching for Bombardier Challenger 601 Time Horizontal-Stabilizer Trim-Actuator and locating Docket No. FAA–2018– Limits/Maintenance Checks, Publication (HSTA) Upper and Lower Attachment 0028. No. PSP–601A5, Revision 41, dated Pins; Upper Pin Part No. 600–92384–5/ March 28, 2017. –7 or 601R92310–1/–3 and Lower Pin Related Service Information Under 1 • Task 5–10–12, ‘‘Time Limits CFR Part 51 Part No. 600–92383–5/–7 or (Structural),’’ of Section 5–10–00, 601R92309–1/–3,’’ of Section 5–10–10, Bombardier, Inc., has issued the ‘‘Airworthiness Limitations,’’ of ‘‘Life Limits (Structures),’’ of following service information. Bombardier Challenger 601 Time Bombardier Challenger 650 CL–650 The following service information Limits/Maintenance Checks, Publication Time Limits/Maintenance Checks, Part describes procedures for serializing the No. PSP–601A5, Revision 41, dated 2 Airworthiness Limitations, Revision 4, HSTA attachment pins and trunnions. March 28, 2017. dated June 16, 2017. The following service information These documents are distinct since they The following service information describes life limits for certain HSTA apply to different airplane models in describes procedures for identifying attachment pins and trunnion supports. different configurations. damage to HSTA attachment pins and • Bombardier Service Bulletin 600– These documents are distinct since they apply to different airplane models in trunnions, and repair or replacement 0760, Revision 01, dated April 21, 2017. instructions. These documents are • Bombardier Service Bulletin 601– different configurations. distinct since they apply to different 0626, Revision 01, dated April 21, 2017. • Task 27–42–01–108, ‘‘Discard of the airplane models in different • Bombardier Service Bulletin 604– Horizontal-Stabilizer Trim-Actuator (HSTA) Trunnion Support; Part No. configurations. 27–034, Revision 01, dated April 21, • 2017. 601R92386–1/–3,’’ of Section 5–10–10, Bombardier Repair Engineering • Bombardier Service Bulletin 605– ‘‘Life Limits (Structures),’’ of Order (REO) 600–27–42–002, ‘‘General 27–005, Revision 01, dated April 21, Bombardier Challenger 604 CL–604 Repair—HSTA Upper and Lower Pins,’’ 2017. Time Limits/Maintenance Checks, Part dated December 15, 2016. • The following service information 2 Airworthiness Limitations, Revision Bombardier Repair Engineering identifies airworthiness limitation tasks 29, dated June 16, 2017. Order (REO) 600–27–42–011, ‘‘General for revising the life limits for HSTA • Task 27–42–01–112, ‘‘Discard of the Repair—HSTA Trunnion P/N attachment pins and trunnions. These Horizontal-Stabilizer Trim-Actuator 601R92386–1/–3,’’ dated December 15, documents are distinct since they apply (HSTA) Upper and Lower Attachment 2016. to different airplane models in different Pins; Upper Pin Part No. 600–92384–5/ • Bombardier Repair Engineering configurations. –7 or 601R92310–1/–3 and Lower Pin Order (REO) 604–27–42–012, ‘‘General • Task 5–10–10, ‘‘Time Limits Part No. 600–92383–5/–7 or Repair—HSTA Upper and Lower Pins,’’ (Structural),’’ of Section 5–10–00, 601R92309–1/–3,’’ of Section 5–10–10, dated December 15, 2016. ‘‘Airworthiness Limitations,’’ of ‘‘Life Limits (Structures),’’ of This service information is reasonably Bombardier Challenger 600 Time Bombardier Challenger 604 CL–604 available because the interested parties Limits/Maintenance Checks, Publication Time Limits/Maintenance Checks, Part have access to it through their normal No. PSP 605, Revision 38, dated March 2 Airworthiness Limitations, Revision course of business or by the means 28, 2017. 29, dated June 16, 2017. identified in the ADDRESSES section. • Task 5–10–10, ‘‘Time Limits • Task 27–42–01–108, ‘‘Discard of the FAA’s Determination and Requirements (Structural)—Pre SB 601—0280,’’ of Horizontal-Stabilizer Trim-Actuator of This Proposed AD Section 5–10–00, ‘‘Airworthiness (HSTA) Trunnion Support; Part No. Limitations,’’ of Bombardier Challenger 601R92386–1/–3,’’ of Section 5–10–10, This product has been approved by 601 Time Limits/Maintenance Checks, ‘‘Life Limits (Structures),’’ of the aviation authority of another Publication No. PSP 601–5, Revision 45, Bombardier Challenger 605 CL–605 country, and is approved for operation dated March 28, 2017. Time Limits/Maintenance Checks, Part in the United States. Pursuant to our • Task 5–10–11, ‘‘Time Limits 2 Airworthiness Limitations, Revision bilateral agreement with the State of (Structural)—Post SB 601—0280,’’ of 17, dated June 16, 2017. Design Authority, we have been notified Section 5–10–00, ‘‘Airworthiness • Task 27–42–01–112, ‘‘Discard of the of the unsafe condition described in the Limitations,’’ of Bombardier Challenger Horizontal-Stabilizer Trim-Actuator MCAI and service information 601 Time Limits/Maintenance Checks, (HSTA) Upper and Lower Attachment referenced above. We are proposing this Publication No. PSP 601–5, Revision 45, Pins; Upper Pin Part No. 600–92384–5/ AD because we evaluated all pertinent dated March 28, 2017. –7 or 601R92310–1/–3 and Lower Pin information and determined an unsafe • Task 5–10–12, ‘‘Time Limits Part No. 600–92383–5/–7 or condition exists and is likely to exist or (Structural)—Post SB 601—0360,’’ of 601R92309–1/–3,’’ of Section 5–10–10, develop on other products of these same Section 5–10–00, ‘‘Airworthiness ‘‘Life Limits (Structures),’’ of type designs. Limitations,’’ of Bombardier Challenger Bombardier Challenger 605 CL–605 601 Time Limits/Maintenance Checks, Time Limits/Maintenance Checks, Part Costs of Compliance Publication No. PSP 601–5, Revision 45, 2 Airworthiness Limitations, Revision We estimate that this proposed AD dated March 28, 2017. 17, dated June 16, 2017. affects 137 airplanes of U.S. registry.

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We estimate the following costs to comply with this proposed AD:

ESTIMATED COSTS

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

Revision of maintenance or inspection 1 work-hour × $85 per hour = $85 ...... $0 $85 ...... $11,645. program. Serialization ...... Up to 20 work-hours × $85 per hour = 449 Up to $2,149 ...... Up to $294,413. $1,700.

We have received no definitive data 1. Is not a ‘‘significant regulatory (3) Model CL–600–2B16 (CL–601–3A and that would enable us to provide cost action’’ under Executive Order 12866; CL–601–3R Variants) airplanes, serial estimates for the on-condition actions 2. Is not a ‘‘significant rule’’ under the numbers 5001 through 5194 inclusive. specified in this proposed AD. (4) Model CL–600–2B16 (CL–604 Variant) DOT Regulatory Policies and Procedures airplanes, serial numbers 5301 through 5665 Authority for This Rulemaking (44 FR 11034, February 26, 1979); inclusive, 5701 through 5990 inclusive, and 3. Will not affect intrastate aviation in 6050 and subsequent. Title 49 of the United States Code Alaska; and specifies the FAA’s authority to issue (d) Subject 4. Will not have a significant rules on aviation safety. Subtitle I, economic impact, positive or negative, Air Transport Association (ATA) of section 106, describes the authority of America Code 27, Flight controls. on a substantial number of small entities the FAA Administrator. ‘‘Subtitle VII: under the criteria of the Regulatory (e) Reason Aviation Programs,’’ describes in more Flexibility Act. detail the scope of the Agency’s This AD was prompted by a determination that the safe life limits of the horizontal authority. List of Subjects in 14 CFR Part 39 stabilizer trim actuator (HSTA) attachment We are issuing this rulemaking under pins and trunnions were not listed in certain the authority described in ‘‘Subtitle VII, Air transportation, Aircraft, Aviation safety, Incorporation by reference, airworthiness limitations (AWLs) and that Part A, Subpart III, Section 44701: the HSTA attachment pins and trunnions General requirements.’’ Under that Safety. were not serialized. We are issuing this AD section, Congress charges the FAA with The Proposed Amendment to prevent failure of the HSTA attachment promoting safe flight of civil aircraft in pins and trunnions, which could lead to a air commerce by prescribing regulations Accordingly, under the authority disconnect of the horizontal stabilizer and for practices, methods, and procedures delegated to me by the Administrator, subsequent loss of the airplane. the Administrator finds necessary for the FAA proposes to amend 14 CFR part (f) Compliance 39 as follows: safety in air commerce. This regulation Comply with this AD within the is within the scope of that authority PART 39—AIRWORTHINESS compliance times specified, unless already because it addresses an unsafe condition DIRECTIVES done. that is likely to exist or develop on (g) Maintenance or Inspection Program products identified in this rulemaking ■ 1. The authority citation for part 39 Revision for Model CL–600–1A11 (CL–600), action. continues to read as follows: Model CL–600–2A12 (CL–601 Variant), and This proposed AD is issued in Model CL–600–2B16 (CL–601–3A and CL– accordance with authority delegated by Authority: 49 U.S.C. 106(g), 40113, 44701. 601–3R Variants) Airplanes the Executive Director, Aircraft § 39.13 [Amended] For airplanes identified in paragraphs Certification Service, as authorized by ■ (c)(1), (c)(2), and (c)(3) of this AD: Within 60 FAA Order 8000.51C. In accordance 2. The FAA amends § 39.13 by adding days after the effective date of this AD, revise with that order, issuance of ADs is the following new airworthiness the maintenance or inspection program, as normally a function of the Compliance directive (AD): applicable, to incorporate the life limit AWL and Airworthiness Division, but during Bombardier, Inc.: Docket No. FAA–2018– tasks identified in table 1 to paragraph (g) of this transition period, the Executive 0028; Product Identifier 2017–NM–143– this AD, as specified in the applicable service Director has delegated the authority to AD. information identified in paragraphs (g)(1), issue ADs applicable to transport (g)(2), or (g)(3) of this AD. The initial (a) Comments Due Date compliance time is within 500 flight cycles category airplanes to the Director of the We must receive comments by March 26, of the effective date of this AD, or at the System Oversight Division. 2018. applicable time (in terms of landings) Regulatory Findings specified in the applicable AWL task (b) Affected ADs identified in table 1 to paragraph (g) of this We determined that this proposed AD None. AD, whichever occurs later. would not have federalism implications (1) For Model CL–600–1A11 (CL–600) under Executive Order 13132. This (c) Applicability airplanes, Task 5–10–10, ‘‘Time Limits proposed AD would not have a This AD applies to the Bombardier, Inc., (Structural),’’ of Section 5–10–00, substantial direct effect on the States, on airplanes identified in paragraphs (c)(1) ‘‘Airworthiness Limitations,’’ of Bombardier the relationship between the national through (c)(4) of this AD, certificated in any Challenger 600 Time Limits/Maintenance category. Checks, Publication No. PSP 605, Revision Government and the States, or on the (1) Model CL–600–1A11 (CL–600) 38, dated March 28, 2017. distribution of power and airplanes, serial numbers 1002 and 1004 (2) For Model CL–600–2A12 (CL–601 responsibilities among the various through 1085 inclusive. Variant) airplanes, the applicable task levels of government. (2) Model CL–600–2A12 (CL–601 Variant) specified in paragraph (g)(2)(i), (g)(2)(ii), or For the reasons discussed above, I airplanes, serial numbers 3001 through 3066 (g)(2)(iii) of this AD, as identified in Section certify this proposed regulation: inclusive. 5–10–00, ‘‘Airworthiness Limitations,’’ of

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Bombardier Challenger 601 Time Limits/ (3) For Model CL–600–2B16 (CL–601–3A (i) Task 5–10–10, ‘‘Time Limits Maintenance Checks, Publication No. PSP and CL–601–3R Variants) airplanes, the (Structural).’’ 601–5, Revision 45, dated March 28, 2017. applicable task specified in paragraph (ii) Task 5–10–11, ‘‘Time Limits (i) Task 5–10–10, ‘‘Time Limits (g)(3)(i), (g)(3)(ii) or (g)(3)(iii) of this AD, as (Structural).’’ (Structural)—Pre SB 601–0280.’’ identified in Section 5–10–00, (iii) Task 5–10–12, ‘‘Time Limits (ii) Task 5–10–11, ‘‘Time Limits ‘‘Airworthiness Limitations,’’ of Bombardier (Structural).’’ (Structural)—Post SB 601–0280.’’ Challenger 601 Time Limits/Maintenance (iii) Task 5–10–12, ‘‘Time Limits Checks, Publication No. PSP–601A5, (Structural)—Post SB 601–0360.’’ Revision 41, dated March 28, 2017.

(h) Maintenance or Inspection Program 10, ‘‘Life Limits (Structures),’’ of Bombardier using a method approved by the Manager, Revision for Model CL–600–2B16 (CL–604 Challenger 605 CL–605 Time Limits/ New York ACO Branch, FAA; or Transport Variant) Airplanes Maintenance Checks, Part 2 Airworthiness Canada Civil Aviation (TCCA); or For airplanes identified in paragraph (c)(4) Limitations, Revision 17, dated June 16, Bombardier, Inc.’s TCCA Design Approval of this AD: Within 60 days after the effective 2017. Organization (DAO). If approved by the DAO, date of this AD, revise the maintenance or (3) For airplanes having serial numbers the approval must include the DAO- inspection program, as applicable, to 6050 and subsequent: Section 5–10–10, ‘‘Life authorized signature. If the damaged HSTA Limits (Structures),’’ of Bombardier incorporate new life limit AWL task 27–42– trunnion or attachment pin cannot be Challenger 650 CL–650 Time Limits/ 01–108, ‘‘Discard of the Horizontal-Stabilizer repaired in accordance with the applicable Trim-Actuator (HSTA) Trunnion Support; Maintenance Checks, Part 2 Airworthiness Limitations, Revision 4, dated June 16, 2017. service information specified in paragraph Part No. 601R92386–1/–3,’’ and task 27–42– (i)(1), (i)(2), or (i)(3) of this AD: Before further 01–112, ‘‘Discard of the Horizontal-Stabilizer (i) Serialization of HSTA Attachment Pins flight, replace the damaged HSTA trunnion Trim-Actuator (HSTA) Upper and Lower and Trunnions or attachment pin with a serviceable Attachment Pins; Upper Pin Part No. 600– For airplanes identified in table 2 to 92384–5/–7 or 601R92310–1/–3 and Lower serialized HSTA trunnion or attachment pin, paragraph (i) of this AD: Within 48 months Pin Part No. 600–92383–5/–7 or 601R92309– in accordance with the applicable service after the effective date of this AD, or prior to 1/–3,’’ as specified in the applicable time information specified in table (2) to performing a maintenance task required by limits maintenance checks (TLMC) manuals paragraph (i) of this AD. paragraph (g) or (h) of this AD, as applicable, identified in paragraphs (h)(1), (h)(2), and (1) Bombardier Repair Engineering Order whichever occurs first, do a general visual (h)(3) of this AD. The initial compliance time (REO) 600–27–42–002, ‘‘General Repair— inspection for damage (including linear is within 500 flight cycles after the effective HSTA Upper and Lower Pins,’’ dated scratches, pits, spalling, dents, or surface date of this AD, or at the applicable time December 15, 2016. texture variations), and add serial numbers to specified in the applicable AWL task, (2) Bombardier Repair Engineering Order the HSTA trunnions, lower attachment pin, whichever occurs later. and upper attachment pin, as applicable, in (REO) 600–27–42–011, ‘‘General Repair— (1) For airplanes having serial numbers accordance with the Accomplishment HSTA Trunnion P/N 601R92386–1/-3,’’ dated 5301 through 5665 inclusive: Section 5–10– Instructions of the applicable service December 15, 2016. 10, ‘‘Life Limits (Structures),’’ of Bombardier information specified in table (2) to (3) Bombardier Repair Engineering Order Challenger 604 CL–604 Time Limits/ paragraph (i) of this AD. If any damage to the (REO) 604–27–42–012, ‘‘General Repair— Maintenance Checks, Part 2 Airworthiness HSTA trunnions or attachment pins is found, HSTA Upper and Lower Pins,’’ dated Limitations, Revision 29, dated June 16, repair the damage in accordance with the December 15, 2016. 2017. applicable service information specified in (2) For airplanes having serial numbers BILLING CODE 4910–13–P paragraph (i)(1), (i)(2), or (i)(3) of this AD; or 5701 through 5990 inclusive: Section 5–10–

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BILLING CODE 4910–13–C attachment pin, unless the pin has a serial flight standards district office/certificate (j) No Alternative Actions or Intervals number. holding district office. (2) As of the effective date of this AD, no (2) Contacting the Manufacturer: For any After the maintenance or inspection person may install, on any Bombardier, Inc., requirement in this AD to obtain corrective program has been revised as required by Model CL–600–2B16 (CL–604 Variant) actions from a manufacturer, the action must paragraph (g) or (h) of this AD, no alternative be accomplished using a method approved actions (e.g., inspections) or intervals may be airplane with serial number 5301 and by the Manager, New York ACO Branch, used unless the actions or intervals are subsequent, an HSTA trunnion, unless the FAA; or TCCA; or Bombardier, Inc.’s TCCA approved as an alternative method of HSTA trunnion has a serial number. DAO. If approved by the DAO, the approval compliance (AMOC) in accordance with the (m) Other FAA AD Provisions must include the DAO-authorized signature. procedures specified in paragraph (m)(1) of this AD. The following provisions also apply to this (n) Related Information AD: (k) Credit for Previous Actions (1) Alternative Methods of Compliance (1) Refer to Mandatory Continuing This paragraph provides credit for actions (AMOCs): The Manager, New York ACO Airworthiness Information (MCAI) Canadian required by paragraph (i) of this AD, if those Branch, FAA, has the authority to approve Airworthiness Directive CF–2017–24, dated July 12, 2017, for related information. This actions were performed before the effective AMOCs for this AD, if requested using the MCAI may be found in the AD docket on the date of this AD using the service information procedures found in 14 CFR 39.19. In internet at http://www.regulations.gov by specified in paragraph (k)(1), (k)(2), (k)(3), or accordance with 14 CFR 39.19, send your searching for and locating Docket No. FAA– (k)(4) of this AD, as applicable. request to your principal inspector or local (1) Bombardier Service Bulletin 600–0760, 2018–0028. Flight Standards District Office, as (2) For more information about this AD, dated February 25, 2013. appropriate. If sending information directly (2) Bombardier Service Bulletin 601–0626, contact Aziz Ahmed, Aerospace Engineer, to the manager of the certification office, dated February 25, 2013. Airframe and Mechanical Systems Section, send it to ATTN: Program Manager, (3) Bombardier Service Bulletin 604–27– FAA, New York ACO Branch, 1600 Stewart 034, dated February 25, 2013. Continuing Operational Safety, FAA, New Avenue, Suite 410, Westbury, NY 11590; (4) Bombardier Service Bulletin 605–27– York ACO Branch, 1600 Stewart Avenue, telephone 516–228–7239; fax 516–794–5531. 005, dated February 25, 2013. Suite 410, Westbury, NY 11590; telephone (3) For service information identified in 516–228–7300; fax 516–794–5531. Before this AD, contact Bombardier, Inc., 400 Coˆte (l) Parts Installation Limitations using any approved AMOC, notify your Vertu Road West, Dorval, Que´bec H4S 1Y9, (1) As of the effective date of this AD, no appropriate principal inspector, or lacking a Canada; Widebody Customer Response person may install, on any airplane, an HSTA principal inspector, the manager of the local Center North America toll-free telephone 1–

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866–538–1247 or direct-dial telephone 1– Comments’’ portion of the the northern California coast experience 514–855–2999; fax 514–855–7401; email SUPPLEMENTARY INFORMATION section for severe wave, sea, and current conditions [email protected]; internet http:// further instructions on submitting similar to the conditions that have www.bombardier.com. You may view this comments. contributed to various marine casualties service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW, FOR FURTHER INFORMATION CONTACT: If along the northern Pacific coast. Coast Renton, WA. For information on the you have questions about this notice of Guard and National Transportation availability of this material at the FAA, call inquiry, call or email Lieutenant Colleen Safety Board (NTSB) casualty 425–227–1221. Ryan, Coast Guard District Eleven, investigations identified a need for Waterways Management; telephone specific regulations to mitigate these Issued in Renton, Washington, on January 510–437–5984, email Colleen.M.Ryan@ risks to ensure the safety of the mariners 26, 2018. uscg.mil. and vessels operating in the vicinity of Michael Kaszycki, bars (see NTSB, Safety Recommendation SUPPLEMENTARY INFORMATION: Acting Director, System Oversight Division, M–05–009 at http://www.ntsb.gov/ Aircraft Certification Service. I. Table of Abbreviations investigations/AccidentReports/_ [FR Doc. 2018–02088 Filed 2–7–18; 8:45 am] CFR Code of Federal Regulations layouts/ntsb.recsearch/ BILLING CODE 4910–13–P COTP Captain of the Port Recommendation.asp:Rec=M-05-009). DHS Department of Homeland Security On October 17, 2005, in a written FR Federal Register response to the NTSB M–05–009 DEPARTMENT OF HOMELAND RNA Regulated Navigation Area recommendation, the Coast Guard SECURITY U.S.C. United States Code articulated its intention to develop § Section Symbol written policies for transiting west coast Coast Guard II. Background and Purpose bars and inlets. We consider access restrictions within a defined RNA to be 33 CFR Part 165 Since 1998 COTP San Francisco and COTP Los Angeles/Long Beach (LA/LB) the best method to ensure mariner and [Docket Number USCG–2017–0338] have issued various navigation safety vessel safety when adverse weather and advisories and created numerous sea conditions make crossing the bar at Regulated Navigation Areas; Harbor emergency safety zones to mitigate risk harbor entrances especially dangerous. Entrances Along the Coast of Northern to mariners and their vessels transiting In November 2009, the Thirteenth Coast California the Crescent Harbor, Humboldt Bay, Guard District published a final rule (74 Noyo River, and Morro Bay harbor FR 59098, Nov. 17, 2009) to mitigate bar AGENCY: Coast Guard, DHS. entrances during hazardous bar transit risks that addressed NTSB ACTION: Request for comments. conditions. These emergency safety recommendations M–05–009 and zones promulgated policies and M–05–010. The Eleventh Coast Guard SUMMARY: The Coast Guard requests procedures for closing the bar to vessel District is considering drafting a public comments on the potential proposal for a rule similar to 33 CFR establishment of Regulated Navigation traffic, while also providing parameters and procedures for waiver requests. The 165.1325 to provide predictability to Areas (RNAs) at the harbor entrance local mariners regarding restrictions on bars to Crescent Harbor, Humboldt Bay, use and application of emergency safety zones to accomplish the required risk navigation in the vicinity of Crescent Noyo River, and Morro Bay. In order to mitigation does not provide advance City, Humboldt Bay, Noyo River, and mitigate potential hazards and provide notice, consistency, or predictability of Morro Bay harbor bar entrances based transparent communication with all Coast Guard actions to mariners; nor do on weather, sea, tide, and river mariners during hazardous weather safety zones allow for the promulgation conditions. Such a regulation would conditions, this proposed RNA of additional safety requirements to establish predictable sea and weather regulation would provide predictable mitigate risk of necessary transits of the conditions that will set a ‘‘Go/No-go’’ protocols to mariners for potential harbor bars. The RNAs under standard for restricting recreational, restriction to traffic and conditions that consideration would define the commercial fishing, and passenger prohibit vessels from entering a parameters and implementation vessel access to the RNA. specified area surrounding each bar procedures for restricting access to the during hazardous weather conditions III. Information Requested applicable areas during hazardous unless authorized by Commander, conditions and define safety Through this request for information, District Eleven or a designated requirements for vessels operating the Coast Guard seeks comments and representative. We seek your comments within the RNAs. information for agency consideration on what you believe to be the potential The current protocols for restricting and to inform any future establishment benefit or possible negative impact if we traffic in the vicinity of the Crescent of RNAs that would create bar closure were to establish RNAs at these harbor City, Humboldt Bay, Noyo River, and conditions as well as regulate vessel bar entrances. We welcome all suggestions, Morro Bay harbor bar entrances are transits during hazardous bar conditions ideas, and solutions for maintaining insufficient and do not provide for all recreational, commercial fishing, mariner and vessel safety during consistency and predictability to the and passenger vessels. The Coast Guard adverse weather and sea conditions at mariner, or allow for the establishment requests and encourages open these harbor entrances. of bar crossing safety measures. The discussion and candid feedback on the DATES: Your comments and related existing warning promulgation process possibility of establishing RNAs for material must reach the Coast Guard on is comprised of emergency safety zone Crescent City, Humboldt Bay, Noyo or before March 12, 2018. implementation which, due to the River, and Morro Bay harbor bar ADDRESSES: You may submit comments emergent nature of heavy weather does entrances. The following considerations identified by docket number USCG– not allow for advance notice and does warrant special attention: 2017–0338 using the Federal portal at not adequately ensure the safety of • Weather and sea conditions at the http://www.regulations.gov. See the persons and vessels operating in those bars that the maritime community ‘‘Public Participation and Request for areas during heavy weather. Bars along considers a risk to safe navigation for

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recreational vessels, passenger vessels, portions of the submittals that modify The CAA requires periodic review of the fishing vessels and deep draft vessel; the District’s Ambient Air Quality air quality criteria—the science upon • The economic impact of bar Standards regulation, as incorporated which the standards are based—and the closures and restrictions on the into the SIP. The revisions to the SIP standards themselves. EPA’s regulatory maritime community; and that EPA is proposing to approve provisions that govern the NAAQS are • Preferred methods of notification pertain to changes to the District’s air found at 40 CFR 50—National Primary for bar restrictions and closures. quality standards for fine particulate and Secondary Ambient Air Quality matter (PM2.5) and ozone to reflect the Standards. In this rule, EPA is IV. Public Participation and Request for 2012 PM2.5 and 2015 ozone national proposing to approve the portions of the Comments ambient air quality standards (NAAQS). revisions to the Jefferson County air We encourage you to submit EPA is proposing to approve these quality regulations 1 addressing comments through the Federal portal at portions of the SIP revisions because the Regulation 3.01, Ambient Air Quality http://www.regulations.gov. If your Commonwealth has demonstrated that Standards, in the Kentucky SIP, material cannot be submitted using they are consistent with the Clean Air submitted by the Commonwealth on http://www.regulations.gov, contact the Act (CAA or Act). EPA will act on the December 21, 2016, and August 29, person in the FOR FURTHER INFORMATION other portions of the December 21, 2016, 2017. Regulation 3.01 is amended 2 by CONTACT section of this document for and August 29, 2017, submittals in a updating air quality standards in alternate instructions. In your separate action. Section 7 for PM2.5 and ozone to reflect submission, please include the docket DATES: Written comments must be the most recent NAAQS, removing the number for this notice of inquiry and received on or before March 12, 2018. numbering of the subsections in Section provide a reason for each suggestion or ADDRESSES: Submit your comments, 7, and making textual modifications to recommendation. identified by Docket ID No. EPA–R04– the footnotes. The SIP submittals We accept anonymous comments. All OAR–2017–0550 at https:// amending the Jefferson County comments received will be posted www.regulations.gov. Follow the online regulations to incorporate the most without change to http:// instructions for submitting comments. recent PM2.5 and ozone NAAQS can be www.regulations.gov and will include Once submitted, comments cannot be found in the docket for this rulemaking any personal information you have edited or removed from Regulations.gov. at www.regulations.gov and are provided. For more about privacy and EPA may publish any comment received summarized below. the docket, visit http:// to its public docket. Do not submit www.regulations.gov/privacyNotice. II. EPA’s Analysis of Kentucky’s electronically any information you Submittal All public comments will be available consider to be Confidential Business in our online docket at http:// Information (CBI) or other information On December 14, 2012 (78 FR 3086), www.regulations.gov and can be viewed whose disclosure is restricted by statute. EPA promulgated a revised primary by following that website’s instructions. Multimedia submissions (audio, video, annual PM2.5 NAAQS, strengthening it This document is issued under etc.) must be accompanied by a written from 15.0 micrograms per cubic meter 3 3 authority of 33 U.S.C. 1231. comment. The written comment is (mg/m ) to 12.0 mg/m , and retained the Dated: February 1, 2018. considered the official comment and existing primary 24-hour PM2.5 standard at 35 mg/m3. Accordingly, in the August James B. Pruett, should include discussion of all points you wish to make. EPA will generally 29, 2017, SIP submittal, the District Captain, U.S. Coast Guard, Acting revised Regulation 3.01, Ambient Air Commander, Eleventh Coast Guard District. not consider comments or comment Quality Standards, to update the [FR Doc. 2018–02503 Filed 2–7–18; 8:45 am] contents located outside of the primary primary air quality standard for PM2.5 to BILLING CODE 9110–04–P submission (i.e. on the web, cloud, or other file sharing system). For be consistent with the NAAQS that were additional submission methods, the full promulgated by EPA in 2012. EPA has EPA public comment policy, reviewed this change to the Jefferson ENVIRONMENTAL PROTECTION information about CBI or multimedia County regulation for PM2.5 and has AGENCY submissions, and general guidance on made the determination that this change is consistent with federal regulations. 40 CFR Part 52 making effective comments, please visit https://www2.epa.gov/dockets/ On October 1, 2015 (80 FR 65292), [EPA–R04–OAR–2017–0550; FRL–9974–24– commenting-epa-dockets. EPA promulgated revised 8-hour Region 4] primary and secondary ozone NAAQS, FOR FURTHER INFORMATION CONTACT: strengthening both from 0.075 parts per Air Plan Approval; KY; Fine Particulate Madolyn Sanchez, Air Regulatory Management Section, Air Planning and Matter and Ozone NAAQS Revisions 1 In 2003, the City of Louisville and Jefferson Implementation Branch, Air, Pesticides County governments merged and the ‘‘Jefferson AGENCY: Environmental Protection and Toxics Management Division, U.S. County Air Pollution Control District’’ was renamed Agency (EPA). Environmental Protection Agency, the ‘‘Louisville Metro Air Pollution Control Region 4, 61 Forsyth Street SW, Atlanta, District.’’ However, each of the regulations in the ACTION: Proposed rule. Jefferson County portion of the Kentucky SIP still Georgia 30303–8960. Ms. Sanchez can has the subheading ‘‘Air Pollution Control District SUMMARY: The Environmental Protection be reached via telephone at (404) 562– of Jefferson County.’’ Thus, to be consistent with Agency (EPA) is proposing to approve 9644 or via electronic mail at the terminology used in the SIP, EPA refers portions of State Implementation Plan [email protected]. throughout this notice to regulations contained in the Jefferson County portion of the Kentucky SIP as (SIP) revisions submitted by the SUPPLEMENTARY INFORMATION: the ‘‘Jefferson County’’ regulations. Commonwealth of Kentucky, through 2 The District refers to the revised version of the Kentucky Division for Air Quality, I. Background Regulation 3.01 in its December 21, 2016, submittal on December 21, 2016 and August 29, Sections 108 and 109 of the CAA as ‘‘Version 6’’ and the revised version of Regulation 3.01 in its August 29, 2017, submittal as 2017, on behalf of the Louisville Metro govern the establishment, review, and ‘‘Version 7.’’ Upon EPA’s final approval of changes Air Pollution Control District (District). revision, as appropriate, of the NAAQS to Regulation 3.01, the text of the regulation in the EPA is proposing to approve the to protect public health and welfare. SIP will reflect Version 7.

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million (ppm) to 0.070 ppm. imposed by state law. For that reason, requirements, Sulfur oxides, Volatile Accordingly, in the December 21, 2016, this proposed action: organic compounds. • SIP submittal, the District revised Is not a significant regulatory action Authority: 42 U.S.C. 7401 et seq. Regulation 3.01, Ambient Air Quality subject to review by the Office of Standards, to update the primary and Management and Budget under Dated: January 29, 2018. secondary air quality standards for Executive Orders 12866 (58 FR 51735, Onis ‘‘Trey’’ Glenn, III, ozone to be consistent with the NAAQS October 4, 1993) and 13563 (76 FR 3821, Regional Administrator, Region 4. that were promulgated by EPA in 2015. January 21, 2011); [FR Doc. 2018–02464 Filed 2–7–18; 8:45 am] EPA has reviewed this change to the • Is not an Executive Order 13771 (82 BILLING CODE 6560–50–P Jefferson County regulation for ozone FR 9339, February 2, 2017) regulatory and has made the determination that action because SIP approvals are this change is consistent with federal exempted under Executive Order 12866; ENVIRONMENTAL PROTECTION regulations. • Does not impose an information AGENCY In addition to the revision of air collection burden under the provisions 40 CFR Part 52 quality standards in Section 7 of of the Paperwork Reduction Act (44 Regulation 3.01, the August 29, 2017, U.S.C. 3501 et seq.); [EPA–R04–OAR–2017–0642; FRL–9974–02– SIP submittal included minor formatting • Is certified as not having a Region 4] changes to Regulation 3.01: Removal of significant economic impact on a the numbering of the subsections in substantial number of small entities Air Plan Approval; AL; Section 128 Section 7; and textual modifications to under the Regulatory Flexibility Act (5 Board Requirements for Infrastructure the footnotes which abbreviate them but U.S.C. 601 et seq.); SIPs do not change their meaning. EPA has • Does not contain any unfunded AGENCY: Environmental Protection determined that these are administrative mandate or significantly or uniquely Agency (EPA). changes that are consistent with the affect small governments, as described ACTION: Proposed rule. requirements of the CAA. in the Unfunded Mandates Reform Act III. Incorporation by Reference of 1995 (Pub. L. 104–4); SUMMARY: The Environmental Protection • In this rule, EPA is proposing to Does not have Federalism Agency (EPA) is proposing to approve a include in a final EPA rule regulatory implications as specified in Executive State Implementation Plan (SIP) text that includes incorporation by Order 13132 (64 FR 43255, August 10, submission, submitted by the State of 1999); Alabama, through the Alabama reference. In accordance with • requirements of 1 CFR 51.5, EPA is Is not an economically significant Department of Environmental proposing to incorporate by reference regulatory action based on health or Management (ADEM), on October 24, Jefferson County Regulation 3.01, safety risks subject to Executive Order 2017. This submission addresses the 13045 (62 FR 19885, April 23, 1997); Clean Air Act (CAA or Act) Ambient Air Quality Standards, • effective September 21, 2016, and Is not a significant regulatory action requirements applicable to Alabama February 15, 2017, which was revised to subject to Executive Order 13211 (66 FR state boards or agency personnel with 28355, May 22, 2001); respect to the approval of permits or be consistent with the current NAAQS. • EPA has made, and will continue to Is not subject to requirements of enforcement orders. The submission make, these materials generally Section 12(d) of the National also specifically addresses requirements available through www.regulations.gov Technology Transfer and Advancement for implementation of the following and/or at the EPA Region 4 Office Act of 1995 (15 U.S.C. 272 note) because national ambient air quality standards (please contact the person identified in application of those requirements would (NAAQS): 1997, 2006, and 2012 Fine FOR FURTHER INFORMATION CONTACT be inconsistent with the CAA; and Particulate Matter (PM2.5), 2008 8-hour the • section of this preamble for more Does not provide EPA with the Ozone, 2008 Lead, 2010 Nitrogen information). discretionary authority to address, as Dioxide (NO2), and 2010 Sulfur Dioxide appropriate, disproportionate human (SO2). The CAA requires that each state IV. Proposed Action health or environmental effects, using adopt and submit a SIP for the EPA is proposing to approve the practicable and legally permissible implementation, maintenance and Commonwealth of Kentucky December methods, under Executive Order 12898 enforcement of each NAAQS 21, 2016, and August 29, 2017, SIP (59 FR 7629, February 16, 1994). promulgated by EPA. Whenever EPA revisions identified in section II above, The SIP is not approved to apply on promulgates a new or revised NAAQS, because these changes are consistent any Indian reservation land or in any the CAA requires the state to make a with the CAA. other area where EPA or an Indian tribe new SIP submission establishing that has demonstrated that a tribe has the existing SIP meets the various V. Statutory and Executive Order jurisdiction. In those areas of Indian applicable requirements, or revising the Reviews country, the rule does not have tribal SIP to meet those requirements. This Under the CAA, the Administrator is implications as specified by Executive type of SIP submission is commonly required to approve a SIP submission Order 13175 (65 FR 67249, November 9, referred to as an ‘‘infrastructure’’ SIP. In that complies with the provisions of the 2000), nor will it impose substantial this proposed action, EPA is proposing Act and applicable federal regulations. direct costs on tribal governments or to approve the October 24, 2017, See 42 U.S.C. 7410(k); 40 CFR 52.02(a). preempt tribal law. submission with respect to: (1) The Thus, in reviewing SIP submissions, requirements applicable to state boards EPA’s role is to approve state choices, List of Subjects in 40 CFR Part 52 of the CAA; and (2) the related state provided that they meet the criteria of Environmental protection, Air board infrastructure SIP requirements the CAA. This action merely proposes to pollution control, Incorporation by for the 1997, 2006, and 2012 PM2.5, 2008 approve state law as meeting Federal reference, Intergovernmental relations, 8-hour Ozone, 2008 Lead, 2010 NO2, requirements and does not impose Nitrogen dioxide, Ozone, Particulate and 2010 SO2 NAAQS. In addition, EPA additional requirements beyond those matter, Reporting and recordkeeping is proposing approval of ADEM’s

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December 9, 2015, infrastructure SIP promulgates a new or revised NAAQS.1 board or body, or the head of an submission (as supplemented by the EPA has historically referred to this type executive agency with similar power to October 24, 2017 submission) related to of SIP submission as ‘‘infrastructure approve permits or enforcement orders the state board requirements for the SIP’’ submissions. Sections 110(a)(1) under the CAA, shall also be subject to 2012 PM2.5 NAAQS. If this proposed and (2) require states to address basic adequate conflict of interest disclosure approval action is finalized, EPA will no SIP elements such as for monitoring, requirements (section 128(a)(2)). longer be required to promulgate a basic program requirements, and legal Alabama previously made federal implementation plan (FIP) to authority that are designed to assure infrastructure SIP submissions for a address these CAA state board attainment and maintenance of the number of recently revised NAAQS. requirements for Alabama, as described newly established or revised NAAQS. With the exception of the state board in more detail below. More specifically, section 110(a)(1) requirements of section 110(a)(2)(E)(ii) provides the procedural and timing of the CAA, EPA has already approved DATES: Comments must be received on requirements for infrastructure SIP or will consider in separate actions all or before March 12, 2018. submissions. Section 110(a)(2) lists other elements of Alabama’s infrastructure SIP submissions related to ADDRESSES: Submit your comments, specific elements that states must meet identified by Docket ID No. EPA–R04– to satisfy the ‘‘infrastructure’’ SIP the 2008 8-hour Ozone, 2008 Lead, 2010 NO OAR–2017–0642 at http:// requirements related to a newly 2, 2010 SO2, and 1997, 2006, and 2012 PM NAAQS. At the time of those www.regulations.gov. Follow the online established or revised NAAQS. The 2.5 infrastructure SIP submissions, instructions for submitting comments. contents of an infrastructure SIP however, the Alabama SIP did not Once submitted, comments cannot be submission may vary depending upon the data and analytical tools available to include provisions to meet the edited or removed from Regulations.gov. the state, as well as the provisions requirements of section 128, and thus EPA may publish any comment received already contained in the state’s existing these submissions did not meet the to its public docket. Do not submit EPA approved SIP at the time when the requirements of section 110(a)(2)(E)(ii) electronically any information you state develops and submits the of the CAA. Therefore, EPA took final consider to be Confidential Business infrastructure SIP submission for a new action to disapprove Alabama’s Information (CBI) or other information or revised NAAQS. infrastructure SIP submissions as they whose disclosure is restricted by statute. This action pertains to one of the pertained to the conflict of interest Multimedia submissions (audio, video, requirements of section 110(a)(2) that is requirements of section 128 and section etc.) must be accompanied by a written relevant in the context of a state’s 110(a)(2)(E)(ii), for the 1997 and 2006 comment. The written comment is development, and EPA’s evaluation of, PM2.5 NAAQS on October 15, 2012 (77 considered the official comment and infrastructure SIP submissions. Section FR 62449), the 2008 8-hour Ozone should include discussion of all points 110(a)(2)(E)(ii) of the CAA requires NAAQS on April 2, 2015 (80 FR 17689), you wish to make. EPA will generally states to have SIPs that contain the 2008 Lead NAAQS on October 9, not consider comments or comment provisions that comply with certain 2015 (80 FR 61111), the 2010 NO2 contents located outside of the primary specific requirements respecting state NAAQS on November 21, 2016 (81 FR submission (i.e. on the web, cloud, or boards or bodies or heads of state 83142), and the 2010 SO2 NAAQS on other file sharing system). For agencies provided in CAA section 128. January 12, 2017 (82 FR 3637). Under additional submission methods, the full Section 128 of the CAA requires that section 110(c)(1)(B), these disapprovals EPA public comment policy, states include provisions in their SIP started a two-year clock for EPA to information about CBI or multimedia that (1) require that any state board or promulgate a FIP to address the submissions, and general guidance on body which approves permits or deficiency. EPA did not take action on making effective comments, please visit enforcement orders shall have a this element for the 2012 PM2.5 http://www2.epa.gov/dockets/ majority of members who represent the NAAQS.2 commenting-epa-dockets. public interest and do not receive a In order to address the requirements of section 128, and thus the FOR FURTHER INFORMATION CONTACT: significant portion of their income from parties subject to permits or requirements of section 110(a)(2)(E)(ii), Nacosta C. Ward, Air Regulatory Alabama made the October 24, 2017, Management Section, Air Planning and enforcement (section 128(a)(1)); and (2) require that the members of any such SIP submission to revise the existing SIP Implementation Branch, Air, Pesticides in order to include the necessary SIP and Toxics Management Division, U.S. 1 EPA has long noted that a literal reading of the provisions. Through this action, EPA is Environmental Protection Agency, statutory provision to meet all requirements of proposing approval of Alabama’s SIP Region 4, 61 Forsyth Street SW, Atlanta, 110(a)(2) on the schedule provided in 110(a)(1) revision to incorporate into its SIP Georgia 30303–8960. The telephone would create a conflict with the nonattainment certain regulatory provisions to address number is (404) 562–9140. Ms. Ward provisions in part D of Title I of the CAA, which specifically address nonattainment area SIP the state board requirements of section can be reached via electronic mail at requirements. See, e.g., ‘‘Guidance on Infrastructure 128. More detail on how Alabama’s SIP [email protected]. State Implementation Plan (SIP) Elements under revision meets these requirements is Clean Air Act Sections 110(a)(1) and 110(a)(2),’’ SUPPLEMENTARY INFORMATION: Memorandum from Stephen D. Page, September 13, provided below. As a result of the 2013 at 4. For example, section 110(a)(2)(I) pertains addition of these new SIP provisions to I. Background to nonattainment SIP requirements and part D meet the requirements of section 128, addresses when attainment plan SIP submissions to EPA is also proposing approval of this By statute, states are required to have address nonattainment area requirements are due. submission as satisfying the section SIPs that provide for the The provisions in section 172(b) for submission of 110(a)(2)(E)(ii) infrastructure element implementation, maintenance, and such plans for nonattainment areas differ from the timing requirements for an infrastructure SIP for the 1997, 2006 and 2012 PM2.5, 2008 enforcement of the NAAQS. States are submission under 110(a)(1).Thus, rather than 8-hour Ozone, 2008 Lead, 2010 NO2, further required to make a SIP applying all the stated requirements of section and 2010 SO NAAQS. The approvals submission meeting the applicable 110(a)(2) in a strict, literal sense, EPA has 2 requirements of sections 110(a)(1) and determined that certain provisions like 110(a)(2)(I) of section 110(a)(2) are not applicable to 2 ADEM submitted its infrastructure SIP for the (2) within three years after EPA infrastructure SIP submissions. 2012 PM2.5 NAAQS on December 9, 2015.

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proposed herein would fully address the d. 2010 NO2 NAAQS Director, Division Chiefs, and all ADEM SIP deficiencies from EPA’s prior On February 9, 2010 (75 FR 6474), personnel meet all requirements of the disapprovals for the 1997 and 2006 EPA established a new 1-hour primary state ethics law and the conflict of PM2.5 NAAQS on October 15, 2012 (77 interest provisions of applicable Federal NAAQS for NO2 at a level of 100 parts FR 62449), 2008 8-hour Ozone NAAQS per billion (ppb), based on a 3-year laws, which includes section 128. on April 2, 2015 (80 FR 17689), 2008 average of the 98th percentile of the ADEM and the EMC are the entities that Lead NAAQS on October 9, 2015 (80 FR yearly distribution of 1-hour daily have the authority to issue and approve 61111), 2010 NO2 NAAQS on November maximum concentrations. States were CAA permits and enforcement orders. 21, 2016 (81 FR 83142), and 2010 SO2 required to submit infrastructure SIP The ADEM Air Director has the authority to approve permits and NAAQS on January 12, 2017 (82 FR submissions for the 2010 NO2 NAAQS 3637). Thus, if EPA finalizes this to EPA no later than January 2013. enforcement orders for Alabama. In the proposed approval, this will resolve the case of appeal, permits and enforcement prior disapprovals for element e. 2010 SO2 NAAQS orders are sent to the EMC and the EMC 110(a)(2)(E)(ii) for the 1997 and 2006 On June 22, 2010 (75 FR 35520), EPA has final approval authority. PM2.5 NAAQS, the 2008 Ozone NAAQS, promulgated a revised primary SO2 If a state has a board or body that the 2008 lead NAAQS, the 2010 NO2, NAAQS to an hourly standard of 75 ppb approves CAA permits or enforcement and the 2010 SO2 NAAQS, and based on a 3-year average of the annual orders, section 128(a)(1) requires that a terminate EPA’s FIP obligation with 99th percentile of 1-hour daily majority of such board or body represent regard to that element for these NAAQS. maximum concentrations. States were the public interest and not derive a A brief background regarding each required to submit infrastructure SIPs significant portion of income from for the 2010 1-hour SO2 NAAQS to EPA persons subject to such permits and NAAQS relevant to this action is 3 provided below. For comprehensive no later than June 22, 2013. enforcement orders. Under section information on these NAAQS, please 128(a)(2), the members of any such f. 2012 PM2.5 NAAQS refer to the Federal Register board or body, or the head of an rulemakings cited below. On December 14, 2012, EPA revised executive agency with similar power to the primary annual PM2.5 NAAQS to approve permits or enforcement orders a. 1997 and 2006 PM2.5 NAAQS 12.0 mg/m3. See 78 FR 3086 (January 15, under the CAA, are required to disclose any potential conflict of interest On July 18, 1997 (62 FR 36852), EPA 2013). An area meets the standard if the adequately. established an annual PM NAAQS at three-year average of its annual average 2.5 PM concentration (at each monitoring In 1978, EPA issued guidance 15.0 micrograms per cubic meter (mg/ 2.5 site in the area) is less than or equal to recommending potential ways that m3) based on a 3-year average of annual 12.0 mg/m3. States were required to states might elect to meet the mean PM concentrations. At that time, 2.5 submit infrastructure SIP submissions requirements of section 128, including EPA also established a 24-hour NAAQS for the 2012 PM NAAQS to EPA no suggested interpretations of key terms.4 of 65 mg/m3. See 40 CFR 50.7. On 2.5 later than December 14, 2015. In this guidance, EPA recognized that October 17, 2006 (71 FR 61144), EPA states may have a variety of procedures retained the 1997 annual PM2.5 NAAQS II. What is EPA’s analysis of how and special concerns that may warrant 3 at 15.0 mg/m based on a 3-year average Alabama addressed the state board differing approaches to implementation of annual mean PM2.5 concentrations, requirements of section 128? of section 128 and made clear that the and promulgated a new 24-hour On October 24, 2017, Alabama guidance does not create a requirement 3 NAAQS of 35 mg/m based on a 3-year submitted a SIP submission to include that all SIPs must include the suggested average of the 98th percentile of 24-hour SIP provisions to address the definitions verbatim, or that definitions concentrations. States were required to requirements of CAA section 128, and per se must be included in SIPs. EPA submit infrastructure SIPs to EPA no thereby to meet the related provided further guidance with respect later than July 2000 for the 1997 annual infrastructure SIP requirements of to these statutory requirements in its PM2.5 NAAQS, and no later than section 110(a)(2)(E)(ii). The October 24, 2013 infrastructure guidance.5 In the October 2009 for the 2006 24-hour PM2.5 2017, SIP submission includes changes 2013 guidance, EPA clarified that NAAQS. to rules 335–1–1–.03 and 335–1–1–.04 provisions to implement section 128 b. 2008 8-Hour Ozone NAAQS of ADEM’s Administrative Code for need to be contained within the SIP. Division 1 to incorporate into Alabama’s Therefore, EPA will not approve an On March 27, 2008, EPA promulgated SIP certain conflict of interest infrastructure SIP submission that a revised NAAQS for ozone based on provisions that apply to the boards, addresses the requirements of section 8-hour average concentrations. EPA bodies and executive agency personnel 128 only by providing a narrative revised the level of the 8-hour ozone with approval authority for CAA NAAQS to 0.075 parts per million. See permits and enforcement. Rule 335–1– 3 EPA’s September 13, 2013, memorandum 77 FR 16436. States were required to 1–.03, Organization and Duties of the entitled ‘‘Guidance on Infrastructure State submit infrastructure SIP submissions Commission, is amended to include Implementation Plan (SIP) Elements under Clean for the 2008 8-hour Ozone NAAQS to Air Act Sections 110(a)(1) and 110(a)(2)’’ provides language for incorporation into the SIP that SIPs are only required to meet the section EPA no later than March 2011. mandating that members of the Alabama 128(a)(1) majority requirements if the state has a c. 2008 Lead NAAQS Environmental Management multi-member board or body with CAA permit or Commission (EMC) meet all order approval authority. On November 12, 2008 (75 FR 81126), requirements of the state ethics law and 4 ‘‘Guidance to States for Meeting Conflict of Interest Requirements of Section 128,’’ EPA issued a final rule to revise the the conflict of interest provisions of Memorandum from David O. Bickart, Deputy Lead NAAQS. The Lead NAAQS was applicable Federal laws, which includes General Counsel, to Regional Air Directors, March revised to 0.15 mg/m3. States were section 128. Rule 335–1–1–.04, 2, 1978. required to submit infrastructure SIP Organization of the Department is 5 ‘‘Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean submissions to EPA no later than amended to include language for Air Act Sections 110(a)(1) and 110(a)(2),’’ October 15, 2011, for the 2008 Lead incorporation into the SIP mandating Memorandum from Stephen D. Page, September 13, NAAQS. that the ADEM Director, Deputy 2013.

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description or references existing state federal conflict of interest requirements Organization of the Department, laws or requirements that are not satisfy the requirements of the CAA. effective December 8, 2017, which contained within the SIP. EPA has also With the incorporation of these specific revise Alabama’s SIP to include provided certain interpretations of the regulatory requirements to comply with language that mandates members of the statutory requirements of section 128 in the relevant CAA requirements into the Alabama Environmental Management its actions on infrastructure SIP SIP, EPA believes that Alabama will Commission and the ADEM Director, submissions from various states, based meet the requirements of section 128 of Deputy Director, Division Chiefs and all on the facts and circumstances of those the CAA. ADEM personnel meet all requirements actions.6 In several actions, EPA has of the state ethics law and the conflict III. What is EPA’s analysis of how approved state law requirements that of interest provisions of applicable Alabama addressed the requirements of closely track or mirror the explicit Federal laws and regulations. EPA has section 110(a)(2)(E)(ii)? statutory language of section 128.7 made, and will continue to make, these The legislative history of the 1977 The State also specifically submitted materials generally available through amendments to the CAA also indicates the October 24, 2017, submission to www.regulations.gov and/or at the EPA that states have some flexibility to address the infrastructure requirements Region 4 office (please contact the determine the specific provisions of section 110(a)(2)(E)(ii), and the person identified in the FOR FURTHER needed to satisfy the requirements of related section 128 requirements, for the INFORMATION CONTACT section of this section 128, so long as the statutory 1997, 2006, and 2012 PM2.5, 2008 8-hour preamble for more information). requirements are met.8 Also, section 128 Ozone, 2008 Lead, 2010 NO2, and 2010 V. Proposed Action explicitly provides that states may adopt SO2 NAAQS. Section 110(a)(2)(E)(ii) of any requirements respecting conflicts of the CAA requires states to have SIP As described above, EPA is proposing interest for such boards or bodies or provisions that comply with the to approve that Alabama’s SIP meets the heads of executive agencies, or any requirements of CAA section 128. state board requirements of 128 of the other entities which are more stringent Because EPA is proposing to approve CAA, and is proposing to approve that than the requirements of paragraphs (1) provisions into Alabama’s SIP to meet the Alabama SIP meets the requirements and (2), and that the Administrator shall the requirements of section 128 as for the section 110(a)(2)(E)(ii) for the approve any such more stringent discussed above, it is also proposing to 2012 PM2.5 NAAQS. In this action, EPA requirements submitted as part of an approve the SIP submission with is also proposing to conclude that, if implementation plan. respect to the related requirements of Alabama’s October 24, 2017, SIP EPA is proposing to approve section 110(a)(2)(E)(ii) for the NAAQS revision is approved, the section Alabama’s October 24, 2017 SIP previously mentioned. EPA notes that 110(a)(2)(E)(ii) requirements are met for submission as meeting the requirements section 128 is not NAAQS-specific, and the 1997 and 2006 PM2.5, 2008 8-hour of section 128 because we believe it thus once a state has met the Ozone, 2008 Lead, 2010 NO2, and 2010 complies with the statutory requirements of section 128 it will SO2 NAAQS. Consequently, if EPA requirements and is consistent with continue to do so for purposes of future finalizes approval of this action, the EPA’s guidance. The State has NAAQS, unless the state makes any deficiencies identified in the previous submitted certain regulatory provisions changes to the approved SIP provisions, partial disapprovals of Alabama’s for incorporation into its SIP, and these in which case the changed provisions infrastructure SIP submissions related to provisions explicitly require the EMC may require further evaluation to ensure the state board requirements for the and ADEM personnel with CAA permit that they still meet the requirements of 1997 and 2006 PM2.5, 2008 8-hour or order approval authority to comply section 128. Ozone, 2008 Lead, 2010 NO2, and 2010 with applicable federal conflict interest For the 2012 PM2.5 NAAQS, ADEM SO2 NAAQS will be cured. laws and regulations. As explained in submitted an infrastructure SIP VI. Statutory and Executive Order the submission, these provisions submission on December 9, 2015, to Reviews encompass the majority composition address the state board requirements of and income requirements of section section 110(a)(2)(E)(ii). EPA has already Under the CAA, the Administrator is 128(a)(1) for the multi-member EMC and approved, or will consider in separate required to approve a SIP submission the conflict of interest disclosure actions, all other infrastructure SIP that complies with the provisions of the requirements of section 128(a)(2) for elements for the 2012 PM2.5 NAAQS, Act and applicable Federal regulations. both the EMC members and the ADEM but has not taken any prior action on the See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Director and designees. December 9, 2015 submission for Thus, in reviewing SIP submissions, As noted above, EPA has determined section 110(a)(2)(E)(ii). With the SIP EPA’s role is to approve state choices, that state requirements that closely track revision to address sections 128 and provided that they meet the criteria of or mirror the section 128 requirements 110(a)(2)(E)(ii) in the December 24, 2017 the CAA. This action merely proposes to satisfy CAA requirements. Likewise, submission, EPA is proposing to approve state law as meeting Federal EPA believes state law provisions that approve the December 9, 2015 requirements and does not impose cross reference or incorporate these submission for purposes of section additional requirements beyond those 110(a)(2)(E)(ii) in this action. imposed by state law. For that reason, 6 Id. at 43–44. this proposed action: IV. Incorporation by Reference 7 See, e.g., EPA proposed rule on Montana’s SIP/ • Is not a significant regulatory action infrastructure requirements, 81 FR 4225, 4233, In this rule, EPA is proposing to subject to review by the Office of finalized at 81 FR 23180; EPA’s final approval of include in a final EPA rule regulatory Management and Budget under Georgia’s infrastructure requirements, 77 FR 65125, proposed at 77 FR 35909. text that includes incorporation by Executive Orders 12866 (58 FR 51735, 8 Specifically, the conference committee for the reference. In accordance with the October 4, 1993) and 13563 (76 FR 3821, 1977 amendments stated that ‘‘it is the requirements of 1 CFR 51.5, EPA is January 21, 2011); responsibility of each state to determine the specific proposing to incorporate by reference • Is not an Executive Order 13771 (82 requirements to meet the general requirements of [section 128].’’ H.R. Rep. 95–564 (1977), reprinted ADEM’s Rule 335–1–1–.03, FR 9339, February 2, 2017) regulatory in Legislative History of the Clean Air Act Organization and Duties of the action because SIP approvals are Amendments of 1977, 526–527 (1978). Commission and Rule 335–1–1–.04, exempted under Executive Order 12866.

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• Does not impose an information ENVIRONMENTAL PROTECTION follow the instructions at http:// collection burden under the provisions AGENCY www.epa.gov/dockets/contacts.html. of the Paperwork Reduction Act (44 Additional instructions on U.S.C. 3501 et seq.); 40 CFR Part 721 commenting or visiting the docket, • Is certified as not having a [EPA–HQ–OPPT–2011–0941; FRL–9973–02] along with more information about dockets generally, is available at http:// significant economic impact on a RIN 2070–AB27 substantial number of small entities www.epa.gov/dockets. under the Regulatory Flexibility Act (5 Modification of Significant New Use of FOR FURTHER INFORMATION CONTACT: For U.S.C. 601 et seq.); a Certain Chemical Substance technical information contact: Kenneth • Does not contain any unfunded Moss, Chemical Control Division, Office AGENCY: Environmental Protection mandate or significantly or uniquely of Pollution Prevention and Toxics, Agency (EPA). affect small governments, as described Environmental Protection Agency, 1200 in the Unfunded Mandates Reform Act ACTION: Proposed rule. Pennsylvania Ave. NW, Washington, DC of 1995 (Pub. L. 104–4); 20460–0001; telephone number: (202) SUMMARY: EPA is proposing to amend 564–8974; email address: • Does not have Federalism the significant new use rule (SNUR) [email protected]. implications as specified in Executive under section 5(a)(2) of the Toxic For general information contact: The Order 13132 (64 FR 43255, August 10, Substances Control Act (TSCA) for TSCA-Hotline, ABVI-Goodwill, 422 ′ 1999); Oxazolidine, 3,3 -methylenebis[5- South Clinton Ave., Rochester, NY • Is not an economically significant methyl-, which was the subject of a 14620; telephone number: (202) 554– regulatory action based on health or premanufacture notice (PMN) and a 1404; email address: TSCA-Hotline@ safety risks subject to Executive Order significant new use notice (SNUN). This epa.gov. 13045 (62 FR 19885, April 23, 1997); action would amend the SNUR to allow certain new uses reported in the SNUN SUPPLEMENTARY INFORMATION: • Is not a significant regulatory action without requiring additional SNUNs I. General Information subject to Executive Order 13211 (66 FR and make the lack of certain worker 28355, May 22, 2001); protections a new use. EPA is proposing A. Does this action apply to me? • Is not subject to requirements of this amendment based on review of new You may be potentially affected by Section 12(d) of the National and existing data as described for the this action if you manufacture, process, Technology Transfer and Advancement chemical substance. A SNUR requires or use the chemical substance contained Act of 1995 (15 U.S.C. 272 note) because persons who intend to manufacture in this rule. The following list of North application of those requirements would (including import) or process this American Industrial Classification be inconsistent with the CAA; and chemical substance for an activity that System (NAICS) codes is not intended • Does not provide EPA with the is designated as a significant new use by to be exhaustive, but rather provides a discretionary authority to address, as this proposed rule to notify EPA at least guide to help readers determine whether appropriate, disproportionate human 90 days before commencing that this document applies to them. health or environmental effects, using activity. The required notification Potentially affected entities may practicable and legally permissible initiates EPA’s evaluation of the include: methods, under Executive Order 12898 intended use within the applicable • Manufacturers or processors of the (59 FR 7629, February 16, 1994). review period. Manufacture and chemical substance (NAICS codes 325 processing for the significant new use and 324110), e.g., chemical The SIP is not approved to apply on would be unable to commence until any Indian reservation land or in any manufacturing and petroleum refineries. EPA conducted a review of the notice, This action may also affect certain other area where EPA or an Indian tribe made an appropriate determination on has demonstrated that a tribe has entities through pre-existing import the notice, and took such actions as are certification and export notification jurisdiction. In those areas of Indian required with that determination. country, the rule does not have tribal rules under TSCA. Chemical importers implications as specified by Executive DATES: Comments must be received on are subject to the TSCA section 13 (15 Order 13175 (65 FR 67249, November 9, or before February 23, 2018. U.S.C. 2612) import certification 2000), nor will it impose substantial ADDRESSES: Submit your comments, requirements promulgated at 19 CFR direct costs on tribal governments or identified by docket identification (ID) 12.118 through 12.127 and 19 CFR preempt tribal law. number EPA–HQ–OPPT–2011–0941, by 127.28. Chemical importers must certify one of the following methods: that the shipment of the chemical List of Subjects in 40 CFR Part 52 • Federal eRulemaking Portal: http:// substance complies with all applicable www.regulations.gov. Follow the online rules and orders under TSCA. Importers Environmental protection, Air instructions for submitting comments. of chemicals subject to a modified pollution control, Incorporation by Do not submit electronically any SNUR must certify their compliance reference, Intergovernmental relations, information you consider to be with the SNUR requirements. The EPA Lead, Nitrogen dioxide, Ozone, Confidential Business Information (CBI) policy in support of import certification Particulate matter, Reporting and or other information whose disclosure is appears at 40 CFR part 707, subpart B. recordkeeping requirements, Sulfur restricted by statute. In addition, any persons who export or oxides, Volatile organic compounds. • Mail: Document Control Office intend to export the chemical substance Authority: 42 U.S.C. 7401 et seq. (7407M), Office of Pollution Prevention that is the subject of a final rule are Dated: January 25, 2018. and Toxics (OPPT), Environmental subject to the export notification Protection Agency, 1200 Pennsylvania provisions of TSCA section 12(b) (15 Onis ‘‘Trey’’ Glenn, III, Ave. NW, Washington, DC 20460–0001. U.S.C. 2611(b)) (see § 721.20), and must Regional Administrator, Region 4. • Hand Delivery: To make special comply with the export notification [FR Doc. 2018–02146 Filed 2–7–18; 8:45 am] arrangements for hand delivery or requirements in 40 CFR part 707, BILLING CODE 6560–50–P delivery of boxed information, please subpart D.

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Because TSCA now requires EPA to this determination by rule after • The projected volume of make determinations for all SNUNs and considering all relevant factors, manufacturing and processing of a the Lautenberg Act includes other including the four bulleted TSCA chemical substance. changes applying to section 5 section 5(a)(2) factors, listed in Unit III. • The extent to which a use changes submissions, the appropriateness of the of this document. Once EPA determines the type or form of exposure of human advance compliance provision in that a use of a chemical substance is a beings or the environment to a chemical § 721.45(h) is questionable. Therefore, significant new use and promulgates a substance. the Agency would suspend the SNUR, TSCA section 5(a)(1)(B) requires • The extent to which a use increases applicability of the provision for these persons to submit a significant new use the magnitude and duration of exposure significant new uses, and will pursue a notice (SNUN) to EPA at least 90 days of human beings or the environment to resolution of the issue. before they manufacture or process the a chemical substance. chemical substance for that use. Persons • The reasonably anticipated manner B. What should I consider as I prepare who must report are described in and methods of manufacturing, my comments for EPA? § 721.5. processing, distribution in commerce, 1. Submitting CBI. Do not submit this and disposal of a chemical substance. C. Applicability of General Provisions information to EPA through In addition to these factors regulations.gov or email. Clearly mark General provisions for SNURs appear enumerated in TSCA section 5(a)(2), the the part or all of the information that in 40 CFR part 721, subpart A. These statute authorized EPA to consider any you claim to be CBI. For CBI provisions describe persons subject to other relevant factors. information in a disk or CD–ROM that the rule, recordkeeping requirements, In EPA’s determination of the you mail to EPA, mark the outside of the exemptions to reporting requirements, appropriate modification of the scope of disk or CD–ROM as CBI and then (but see discussion in Unit II.A. of the existing significant new use for the identify electronically within the disk or advance compliance under 40 CFR chemical substance that is the subject of CD–ROM the specific information that 721.45(h)), and applicability of the rule this SNUR, EPA considered relevant is claimed as CBI. In addition to one to uses occurring before the effective information about the toxicity of the complete version of the comment that date of the rule. Provisions relating to chemical substance, likely human includes information claimed as CBI, a user fees appear at 40 CFR part 700. exposures and environmental releases copy of the comment that does not According to § 721.1(c), persons subject associated with possible uses, taking contain the information claimed as CBI to these SNURs must comply with the into consideration the four bulleted must be submitted for inclusion in the same notice requirements and EPA TSCA section 5(a)(2) factors listed in public docket. Information so marked regulatory procedures as submitters of this unit. will not be disclosed except in PMNs under TSCA section 5(a)(1)(A). In particular, these requirements include IV. Substance Subject to a Proposed accordance with procedures set forth in Significant New Use Rule Amendment 40 CFR part 2. the information submission 2. Tips for preparing your comments. requirements of TSCA section 5(b) and EPA is proposing to amend the When preparing and submitting your 5(d)(1), the exemptions authorized by significant new use and recordkeeping comments, see the commenting tips at TSCA section 5(h)(1), (h)(2), (h)(3), and requirements for one chemical http://www.epa.gov/dockets/ (h)(5), and the regulations at 40 CFR substance in 40 CFR part 721 Subpart E. comments.html. part 720. In this unit, EPA provides the following Once EPA receives a SNUN, EPA information for the chemical substance: II. Background must make a determination under TSCA • PMN number and SNUN number. • A. What action is the agency taking? section 5(a)(3). If EPA determines that Chemical name (generic name, if the new use, under the conditions of the specific name is claimed as CBI). EPA is proposing amendments to the use, is not likely to present • Chemical Abstracts Service (CAS) SNUR for the chemical substance in 40 unreasonable risk of injury to health or number (if assigned for non-confidential CFR 721.10461. This proposed action the environment, the submitter of the chemical identities). would require persons who intend to SNUN may immediately commence • Federal Register publication date manufacture or process this chemical manufacture or processing for the new and reference for the final SNUR substance for an activity that is use. Otherwise, EPA must take previously issued. designated as a significant new use by regulatory action under TSCA section • Basis for the Proposed Amendment. this amended rule to notify EPA at least 5(e) or 5(f) to control the activities for • Tests recommended by EPA to 90 days before commencing that which it has received the SNUN. provide sufficient information to activity. The required notification evaluate the chemical substance (see would initiate EPA’s evaluation of the D. Effective Date of Final Rule Unit VII. for more information). intended use within the applicable EPA proposes to make the final rule • CFR citation assigned in the review period. Manufacture and effective 15 days after publication. regulatory text section of this rule. processing for the significant new use There is good cause for a 15-day PMN Number P–03–325 and SNUN would be unable to commence until effective period, because the rule largely Number S–17–4 EPA conducted a review of the notice, relieves a restriction, and because the made an appropriate determination on SNUR modification pertains only to Chemical name: Oxazolidine, 3,3′- the notice, and took such actions as are new uses, there are no persons who methylenebis[5-methyl- required with that determination. need time to adjust existing operations. CAS number: 66204–44–2. Federal Register publication date and B. What is the agency’s authority for III. Significant New Use Determination reference: September 21, 2012 (77 FR taking this action? Section 5(a)(2) of TSCA states that 58666) (FRL–9357–2). Section 5(a)(2) of TSCA (15 U.S.C. EPA’s determination that a use of a Basis for the modified significant new 2604(a)(2)) authorizes EPA to determine chemical substance is a significant new use rule: The PMN stated that the use that a use of a chemical substance is a use must be made after consideration of of the chemical substance is as a ‘‘significant new use.’’ EPA must make all relevant factors, including: metalworking fluid. The original SNUR

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was issued based on meeting the discussed in Unit IV, associated with 4 covering the chemical substance, concern criteria at § 721.170(b)(3)(i), reasonably foreseen changes from the persons are required only to submit test (b)(4)(i), and (b)(ii). EPA identified conditions of use identified in the PMN data in their possession or control and concerns for toxicity to aquatic and the requirements of the consent to describe any other data known to or organisms at concentrations exceeding order for the SNUN. EPA determined reasonably ascertainable by them (see 40 and 100 parts per billion (ppb) in that those changes could result in § 720.50). However, upon review of surface waters, salt and fresh, changes in the type or form of exposure PMNs and SNUNs, the Agency has the respectively. EPA also identified to the chemical substance and/or authority to require appropriate testing. concerns for systemic toxicity and increased exposures to the chemical Unit IV. lists recommended testing for severe skin and eye irritation. The substance and/or changes in the the subject proposed listed SNUR. original SNUR required notification if reasonably anticipated manner and Descriptions of tests are provided for the chemical substance was used other methods of manufacturing, processing, informational purposes. EPA strongly than as a metalworking fluid and distribution in commerce, and disposal encourages persons, before performing involving environmental releases during of the chemical substance. any testing, to consult with the Agency manufacture, processing or use that VI. Applicability of the Proposed Rule pertaining to protocol selection. To would result in surface water to Uses Occurring Before Effective Date access the OCSPP test guidelines concentrations exceeding a of the Final Rule referenced in this document concentration of 40 ppb in surface electronically, please go to http:// saltwater or 100 ppb in freshwater. To establish a significant new use, www.epa.gov/ocspp and select ‘‘Test On April 12, 2017 EPA received a EPA must determine that the use is not Methods and Guidelines.’’ The SNUN, S–17–4 for the chemical ongoing. EPA solicits comments on Organisation for Economic Co-operation substance for the significant new use as whether any of the uses proposed as and Development (OECD) test an anti-corrosive agent in oilfield significant new uses are ongoing. EPA guidelines are available from the OECD operations and hydraulic fluids. The 90- designates February 8, 2018 as the cutoff Bookshop at http:// day review period for the SNUN expired date for determining whether the new www.oecdbookshop.org or SourceOECD on October 30, 2017. Based on the use is ongoing. EPA has decided that the at http://www.sourceoecd.org. intent of TSCA section 5(a)(1)(B) is best activities described in the SNUN, a The recommended testing specified in served by designating a use as a consent order was issued under TSCA Unit IV. of the proposed rule may not significant new use as of the date of sections 5(a)(3)(B)(ii)(I) and be the only means of addressing the public release of the proposed SNUR 5(e)(1)(A)(ii)(I), based on a potential risks of the chemical rather than as of the effective date of the determination that the substance may substance. However, SNUNs submitted final rule. If uses begun after public present an unreasonable risk of injury to without any test data may increase the release were considered ongoing rather human health and the environment. likelihood that EPA will take action EPA identified concerns, based on test than new, it would be difficult for EPA under TSCA section 5(e) or 5(f), data on the substance and on new data to establish SNUR notice requirements, particularly if satisfactory test results regarding the expected release of because a person could defeat the SNUR have not been obtained from a prior formaldehyde from the substance, for by initiating the proposed significant PMN or SNUN submitter. EPA skin and eye irritation, neurotoxicity, new use before the rule became recommends that potential SNUN mutagenicity, oncogenicity, allergic effective, and then argue that the use submitters contact EPA early enough so responses, and developmental toxicity. was ongoing as of the effective date of that they will be able to conduct the In addition to the existing water release the final rule. appropriate tests. notification requirements under the Thus, any persons who begin SNUN submitters should be aware SNUR, the Consent Order for S–17–4 commercial manufacture or processing that EPA will be better able to evaluate requires the SNUN submitter to provide activities with the chemical substance SNUNs which provide detailed personal protective equipment and that are not currently a significant new use under the current rule but which information on the following: respirators to workers to prevent dermal • and inhalation exposure, refrain from would be regulated as a ‘‘significant Human exposure and unloading, processing, or using the new use’’ if this proposed rule is environmental release that may result substance without using enclosed finalized, must cease any such activity from the significant new use of the as of the effective date of the rule if and chemical substances. equipment or systems, label containers • and provide worker training, and use when finalized. To resume their Information on risks posed by the the substance only as an anti-corrosive activities, these persons would have to chemical substances compared to risks agent in oilfield operations and comply with all applicable SNUR notice posed by potential substitutes. hydraulic fluids and as a metalworking requirements and wait until the notice VIII. SNUN Submissions fluid. The modified SNUR proposes to review period, including all extensions, designate as a ‘‘significant new use’’ the expires. According to 40 CFR 721.1(c), persons submitting a SNUN must comply with absence of these protective measures. VII. Test Data and Other Information Recommended testing: The results of the same notice requirements and EPA a formaldehyde release assay (ASTM EPA recognizes that TSCA section 5 regulatory procedures as persons D5197 or ISO 16000–3) would help does not require the development of any submitting a PMN, including characterize the health effects of the particular test data before submission of submission of test data on health and chemical substance. a SNUN. There is an exception: TSCA environmental effects as described in 40 CFR citation: 40 CFR 721.10461. section 5(b)(1) requires development of CFR 720.50. SNUNs must be on EPA test data where the chemical substance Form No. 7710–25, generated using e- V. Rationale for the Proposed Rule subject to the SNUR is also subject to a PMN software, and submitted to the During review of the PMN and SNUN rule, order or consent agreement under Agency in accordance with the submitted for the chemical substance TSCA section 4 (15 U.S.C. 2603). procedures set forth in 40 CFR 721.25 that is the subject of this proposed In the absence of a rule, order, or and 40 CFR 720.40. E–PMN software is SNUR, EPA identified concerns, as consent agreement under TSCA section available electronically at https://

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www.epa.gov/reviewing-new-chemicals- Agency, the annual burden is estimated any unfunded mandate, or otherwise under-toxic-substances-control-act-tsca. to average between 30 and 170 hours have any effect on small governments per response. This burden estimate subject to the requirements of sections IX. Economic Analysis includes the time needed to review 202, 203, 204, or 205 of the UMRA EPA evaluated the potential costs of instructions, search existing data sections 202, 203, 204, or 205 (2 U.S.C. SNUN requirements for potential sources, gather and maintain the data 1501 et seq.). manufacturers and processors of the needed, and complete, review, and chemical substances in the proposed submit the required SNUN. E. Executive Order 13132 rule. The Agency’s complete Economic Send any comments about the This action would not have a Analysis is available in the docket accuracy of the burden estimate, and substantial direct effect on States, on the under docket ID number EPA–HQ– any suggested methods for minimizing relationship between the national OPPT–2011–0941. respondent burden, including through government and the States, or on the the use of automated collection X. Statutory and Executive Order distribution of power and techniques, to the Director, Collection Reviews Strategies Division, Office of responsibilities among the various A. Executive Order 12866 Environmental Information (2822T), levels of government, as specified in Executive Order 13132, entitled This proposed action would modify a Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC ‘‘Federalism’’ (64 FR 43255, August 10, SNUR for a chemical substance that was 1999). the subject of a PMN and a SNUN. The 20460–0001. Please remember to Office of Management and Budget include the OMB control number in any F. Executive Order 13175 (OMB) has exempted these types of correspondence, but do not submit any actions from review under Executive completed forms to this address. This proposed rule would not have Tribal implications because it is not Order 12866, entitled Regulatory C. Regulatory Flexibility Act (RFA) Planning and Review (58 FR 51735, expected to have substantial direct On February 18, 2012, EPA certified October 4, 1993). effects on Indian Tribes. This proposed pursuant to RFA section 605(b) (5 U.S.C. rule would not significantly nor B. Paperwork Reduction Act (PRA) 601 et seq.), that promulgation of a uniquely affect the communities of According to PRA, 44 U.S.C. 3501 et SNUR does not have a significant Indian Tribal governments, nor does it seq., an Agency may not conduct or economic impact on a substantial involve or impose any requirements that sponsor, and a person is not required to number of small entities where the affect Indian Tribes. Accordingly, the respond to a collection of information following are true: requirements of Executive Order 13175, 1. A significant number of SNUNs that requires OMB approval under PRA, entitled ‘‘Consultation and would not be submitted by small unless it has been approved by OMB Coordination with Indian Tribal entities in response to the SNUR. and displays a currently valid OMB Governments’’ (65 FR 67249, November 2. The SNUN submitted by any small control number. The OMB control 9, 2000), do not apply to this proposed entity would not cost significantly more numbers for EPA’s regulations in title 40 rule. than $8,300. of the CFR, after appearing in the A copy of that certification is G. Executive Order 13045 Federal Register, are listed in 40 CFR available in the docket for this rule. part 9, and included on the related This proposed rule is within the This action is not subject to Executive collection instrument or form, if scope of the February 18, 2012 Order 13045, entitled ‘‘Protection of applicable. EPA is amending the table in certification. Based on the Economic Children from Environmental Health 40 CFR part 9 to list the OMB approval Analysis discussed in Unit IX. and Risks and Safety Risks’’ (62 FR 19885, number for the information collection EPA’s experience promulgating SNURs April 23, 1997), because this is not an requirements contained in this rule. (discussed in the certification), EPA economically significant regulatory This listing of the OMB control numbers believes that the following are true: action as defined by Executive Order and their subsequent codification in the • A significant number of SNUNs 12866, and this action does not address CFR satisfies the display requirements would not be submitted by small environmental health or safety risks of PRA and OMB’s implementing entities in response to the SNUR. disproportionately affecting children. regulations at 5 CFR part 1320. This • Submission of the SNUN would not Information Collection Request (ICR) cost any small entity significantly more H. Executive Order 13211 was previously subject to public notice than $8,300. and comment prior to OMB approval, This action is not subject to Executive Therefore, the promulgation of the Order 13211, entitled ‘‘Actions and given the technical nature of the SNUR would not have a significant table, EPA finds that further notice and Concerning Regulations That economic impact on a substantial Significantly Affect Energy Supply, comment to amend it is unnecessary. As number of small entities. a result, EPA finds that there is ‘‘good Distribution, or Use’’ (66 FR 28355, May cause’’ under section 553(b)(3)(B) of the D. Unfunded Mandates Reform Act 22, 2001), because this action is not Administrative Procedure Act, 5 U.S.C. (UMRA) expected to affect energy supply, 553(b)(3)(B), to amend this table without Based on EPA’s experience with distribution, or use and because this further notice and comment. proposing and finalizing SNURs, State, action is not a significant regulatory The information collection local, and Tribal governments have not action under Executive Order 12866. requirements related to this action have been impacted by these rulemakings, I. National Technology Transfer and already been approved by OMB and EPA does not have any reasons to Advancement Act (NTTAA) pursuant to PRA under OMB control believe that any State, local, or Tribal number 2070–0012 (EPA ICR No. 574). government will be impacted by this In addition, since this action does not This action does not impose any burden proposed rule. As such, EPA has involve any technical standards, requiring additional OMB approval. If determined that this rule would not NTTAA section 12(d) (15 U.S.C. 272 an entity were to submit a SNUN to the impose any enforceable duty, contain note), does not apply to this action.

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J. Executive Order 12898 § 721.10461 Oxazolidine, 3,3′- (ii) Hazard communication program. methylenebis[5-methyl-. This action does not entail special Requirements as specified in considerations of environmental justice (a) * * * § 721.72(a), (b) (concentration set at 0.1 related issues as delineated by (1) The chemical substance identified percent), (c), (d), (f), (g)(1)(allergic or ′ Executive Order 12898, entitled as oxazolidine, 3,3 -methylenebis[5- sensitization response), (ii), (iii), (v), ‘‘Federal Actions to Address methyl- (PMN P–03–325 and SNUN S– (vi), (ix), (2)(i), (ii), (iii), (v), (iv), (3)(i), Environmental Justice in Minority 17–4; CAS No. 66204–44–2) is subject to (ii), (4) (do not release to water such that Populations and Low-Income reporting under this section for the concentrations exceed 40 or 100 ppb in Populations’’ (59 FR 7629, February 16, significant new uses described in saltwater or freshwater, respectively), 1994). paragraph (a)(2) of this section. and (g)(5). Alternative hazard and (2) The significant new uses are: warning statements that meet the List of Subjects in 40 CFR Part 721 (i) Protection in the workplace. criteria of the Globally Harmonized Environmental protection, Chemicals, Requirements as specified in System (GHS) and OSHA Hazard Hazardous substances, Reporting and § 721.63(a)(1), (2)(i), (3), (4) (use of the Communication Standard may be used. recordkeeping requirements. respirator only applies to inhalation (iii) Industrial, commercial, and exposures to the substance when consumer activities. Requirements as Dated: January 24, 2018. specified in § 721.80. A significant new Jeffery T. Morris, manufactured in the United States), when determining which persons are use is use other than as a metalworking Director, Office of Pollution Prevention and fluid and an anti-corrosive agent in Toxics. reasonably likely to be exposed as required for § 721.63 (a)(1) and (4) oilfield operations and hydraulic fluids. Therefore, it is proposed that 40 CFR engineering control measures (e.g., (iv) Release to water: Requirements as part 721 be amended as follows: enclosure or confinement of the specified in § 721.90(a)(4), (b)(4), and (c)(4) (N = 40 (saltwater) and N = 100 PART 721—[AMENDED] operation, general and local ventilation) or administrative control measures (e.g., (freshwater)).(b) * * * (1) Recordkeeping. Recordkeeping ■ 1. The authority citation for part 721 workplace policies and procedures) requirements as specified in continues to read as follows: shall be considered and implemented to prevent exposure, where feasible, (a)(5) § 721.125(a) through (i) and (k) are Authority: 15 U.S.C. 2604, 2607, and applicable to manufacturers and 2625(c). (respirators must provide a National Institute for Occupational Safety and processors of this substance. ■ 2. Amend § 721.10461 as follows: Health (NIOSH) assigned protection *** ■ a. Revise paragraph (a)(1). factor (APF) of at least 1,000), (a)(6)(v), (3) Advance compliance. The ■ b. Revise paragraph (a)(2). (vi), (b) (concentration set at 0.1 provisions of § 721.45(h) do not apply to ■ c. Revise paragraph (b)(1). percent), and (c). It is a significant new significant new uses to which this ■ d. Add paragraph (b)(3). use for the substance to be unloaded, section applies. The additions and revisions read as processed and used other than with [FR Doc. 2018–02461 Filed 2–7–18; 8:45 am] follows: fully enclosed equipment. BILLING CODE 6560–50–P

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Notices Federal Register Vol. 83, No. 27

Thursday, February 8, 2018

This section of the FEDERAL REGISTER charges for calls they initiate over COMMISSION ON CIVIL RIGHTS contains documents other than rules or wireless lines, according to their proposed rules that are applicable to the wireless plan. The Commission will not Notice of Public Meetings of the Texas public. Notices of hearings and investigations, refund any incurred charges. Callers Advisory Committee committee meetings, agency decisions and rulings, delegations of authority, filing of will incur no charge for calls they AGENCY: U.S. Commission on Civil petitions and applications and agency initiate over land-line connections to Rights. statements of organization and functions are the toll-free telephone number. Persons ACTION: Announcement of meeting. examples of documents appearing in this with hearing impairments may also section. follow the proceedings by first calling SUMMARY: Notice is hereby given, the Federal Relay Service at 1–800–877– pursuant to the provisions of the rules 8339 and providing the Service with the and regulations of the U.S. Commission COMMISSION ON CIVIL RIGHTS conference call number and conference on Civil Rights (Commission) and the ID number. Federal Advisory Committee Act Notice of Public Meetings of the (FACA) that meetings of the Texas Kansas Advisory Committee Members of the public are also Advisory Committee (Committee) to the entitled to submit written comments; AGENCY: U.S. Commission on Civil Commission will be held at 1:00 p.m. the comments must be received in the Rights. (Central Time), Wednesday February 14, regional office within 30 days following 2018; 4:00 p.m. (Central Time) ACTION: Announcement of meeting. the meeting. Written comments may be Wednesday, February 28, 2018; and 1:00 SUMMARY: Notice is hereby given, mailed to the Regional Programs Unit, p.m. (Central Time), Wednesday March pursuant to the provisions of the rules U.S. Commission on Civil Rights, 55 W. 7, 2018. The purpose of these meetings and regulations of the U.S. Commission Monroe St., Suite 410, Chicago, IL is for the Committee to continue on Civil Rights (Commission) and the 60615. They may also be faxed to the planning for their voting rights briefing. Federal Advisory Committee Act that Commission at (312) 353–8324, or DATES: These meetings will be held on the Kansas Advisory Committee emailed to Corrine Sanders at csanders@ Wednesday February 14, 2018 at 1:00 (Committee) will hold a meeting on usccr.gov. Persons who desire p.m.; Wednesday, February 28, 2018 at Thursday, February 22, 2018 at 12 p.m. additional information may contact the 4:00 p.m.; and Wednesday March 7, Central time. The Committee will hear Regional Programs Unit at (312) 353– 2018 at 1:00 p.m. Central Time. testimony from school administrators in 8311. Public Call Information: the state as part of their current study Records generated from this meeting on civil rights and school funding. Dial: 866–290–0883. may be inspected and reproduced at the Conference ID: 8956350. DATES: The meeting will take place on Regional Programs Unit Office, as they FOR FURTHER INFORMATION CONTACT: Ana Thursday, February 22, 2018 at 12 p.m. become available, both before and after Central time. Victoria Fortes (DFO) at afortes@ the meeting. Records of the meeting will Public Call Information: (audio only) usccr.gov or (213) 894–3437. Dial: 877–723–9522, Conference ID: be available via www.facadatabase.gov SUPPLEMENTARY INFORMATION: These 5306689. under the Commission on Civil Rights, meetings are available to the public Web Access Information: (visual only) Kansas Advisory Committee link (http:// through the following toll-free call-in https://cc.readytalk.com/r/ www.facadatabase.gov/committee/ number: 866–290–08833, conference ID cficj5aa0ias&eom. meetings.aspx?cid=249). Click on number: 8956350. Any interested ‘‘meeting details’’ and then member of the public may call this FOR FURTHER INFORMATION CONTACT: ‘‘documents’’ to download. Persons number and listen to the meetings. Melissa Wojnaroski, DFO, at interested in the work of this Committee Callers can expect to incur charges for [email protected] or 312–353– are directed to the Commission’s calls they initiate over wireless lines, 8311. website, http://www.usccr.gov, or may and the Commission will not refund any SUPPLEMENTARY INFORMATION: Members contact the Regional Programs Unit at incurred charges. Callers will incur no of the public can listen to the the above email or street address. charge for calls they initiate over land- discussion. This meeting is available to line connections to the toll-free the public through the above listed toll Agenda telephone number. Persons with hearing free number (audio only) and web Welcome and Introduction impairments may also follow the access link (visual only). Please use both Panel Testimony: Civil Rights and School proceedings by first calling the Federal the call in number and the web access Funding in Kansas Relay Service at 1–800–877–8339 and link in order to fully access the meeting. Public Comment providing the Service with the An open comment period will be Adjournment conference call number and conference provided to allow members of the ID number. public to make a statement as time Dated: February 3, 2018. Members of the public are entitled to allows. The conference call operator David Mussatt, make comments during the open period will ask callers to identify themselves, at the end of the meetings. Members of Supervisory Chief, Regional Programs Unit. the organization they are affiliated with the public may also submit written (if any), and an email address prior to [FR Doc. 2018–02500 Filed 2–7–18; 8:45 am] comments; the comments must be placing callers into the conference BILLING CODE P received in the Regional Programs Unit room. Callers can expect to incur regular within 30 days following the meetings.

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Written comments may be mailed to the of Distrilogik US Ltd., located in administrative review of the Western Regional Office, U.S. Dayton, New Jersey. The application antidumping duty (AD) order on Commission on Civil Rights, 300 North was submitted pursuant to the aluminum extrusions from the People’s Los Angeles Street, Suite 2010, Los provisions of the Foreign-Trade Zones Republic of China (China). The period Angeles, CA 90012. They may be faxed Act, as amended (19 U.S.C. 81a–81u), of review (POR) is May 1, 2016, through to the Commission at (213) 894–0508, or and the regulations of the Board (15 CFR April 30, 2017. Mandatory respondents emailed Ana Victoria Fortes at afortes@ part 400). It was formally docketed on were selected, but all requests for usccr.gov. Persons who desire February 2, 2018. administrative review for the mandatory additional information may contact the The proposed subzone (4.31 acres) is respondents were subsequently timely Regional Programs Unit at (213) 894– located at 2351 US Highway 130, withdrawn. Commerce preliminarily 3437. Dayton, New Jersey. No authorization determines that none of the 29 Records and documents discussed for production activity has been companies for which an administrative during the meetings will be available for requested at this time. The proposed review was requested, and not public viewing prior to and after the subzone would be subject to the existing withdrawn, demonstrated eligibility for meetings at https://facadatabase.gov/ activation limit of FTZ 44. a separate rate, and are, therefore, all committee/meetings.aspx?cid=276. In accordance with the Board’s part of the China-wide entity. For the Please click on the ‘‘Meeting Details’’ regulations, Kathleen Boyce of the FTZ 191 companies for which all requests for and ‘‘Documents’’ links. Records Staff is designated examiner to review administrative review have been timely generated from these meetings may also the application and make withdrawn, we rescind this be inspected and reproduced at the recommendations to the Executive administrative review. Interested parties Regional Programs Unit, as they become Secretary. are invited to comment on these available, both before and after the Public comment is invited from preliminary results. meetings. Persons interested in the work interested parties. Submissions shall be DATES: Applicable February 8, 2018. of this Committee are directed to the addressed to the Board’s Executive FOR FURTHER INFORMATION CONTACT: Commission’s website, https:// Secretary at the address below. The Deborah Scott or Mark Flessner, AD/ www.usccr.gov, or may contact the closing period for their receipt is March CVD Operations, Office VI, Enforcement Regional Programs Unit at the above 20, 2018. Rebuttal comments in and Compliance, International Trade email or street address. response to material submitted during Administration, Department of the foregoing period may be submitted Agenda Commerce, 1401 Constitution Avenue during the subsequent 15-day period to NW, Washington, DC 20230; telephone: I. Welcome April 4, 2018. (202) 482–2657 or (202) 482–6312, II. Approve minutes from previous meeting A copy of the application will be respectively. date available for public inspection at the SUPPLEMENTARY INFORMATION: III. Discuss Potential Panelists Office of the Executive Secretary, IV. Discuss Publicity Foreign-Trade Zones Board, Room Background V. Public Comment VI. Next Steps 21013, U.S. Department of Commerce, On July 6, 2017, Commerce published VII. Adjournment 1401 Constitution Avenue NW, the notice of initiation of the Washington, DC 20230–0002, and in the Exceptional Circumstance: Pursuant administrative review of the AD order ‘‘Reading Room’’ section of the Board’s 1 to 41 CFR 102–3.150, the notice for the on aluminum extrusions from China website, which is accessible via for the period May 1, 2016, through February 14, 2018, meeting is given less www.trade.gov/ftz. than 15 calendar days prior to the April 30, 2017, covering 220 For further information, contact 2 meeting because of the exceptional companies. All requests for Kathleen Boyce at Kathleen.Boyce@ administrative review were timely circumstance of this Committee doing trade.gov or (202) 482–1346. work on the FY 2018 statutory withdrawn with regard to 191 enforcement report. Dated: February 5, 2018. companies (listed in Appendix II to this Andrew McGilvray, notice), leaving 29 companies subject to Dated: February 3, 2018. Executive Secretary. administrative review.3 For a complete David Mussatt, [FR Doc. 2018–02514 Filed 2–7–18; 8:45 am] description of the events that followed Supervisory Chief, Regional Programs Unit. BILLING CODE 3510–DS–P the initiation of this administrative [FR Doc. 2018–02499 Filed 2–7–18; 8:45 am] BILLING CODE P 1 See Aluminum Extrusions from the People’s DEPARTMENT OF COMMERCE Republic of China: Antidumping Duty Order, 76 FR 30650 (May 26, 2011) (the Order). 2 See Initiation of Antidumping and DEPARTMENT OF COMMERCE International Trade Administration Countervailing Duty Administrative Reviews, 82 FR [A–570–967] 31292, 31294 (July 6, 2017) (Initiation Notice); see Foreign-Trade Zones Board also Petitioner Letter re: Aluminum Extrusions from the People’s Republic of China: Request for [S–23–2018] Aluminum Extrusions From the Administrative Review, dated May 31, 2017; see People’s Republic of China: also Regal Letter re: Aluminum Extrusions from the Foreign-Trade Zone 44—Morris Preliminary Results of Antidumping People’s Republic of China: Request for County, New Jersey; Application for Duty Administrative Review and Administrative Review, dated May 31, 2017. 3 See Petitioner Letter re: Aluminum Extrusions Subzone; Distrilogik US Ltd.; Dayton, Rescission of Review in Part; 2016– from the People’s Republic of China: Withdrawal of New Jersey 2017 Request for Administrative Review, dated October 4, 2017. Although the petitioner withdrew its An application has been submitted to AGENCY: Enforcement and Compliance, requests for an administrative review of Guangdong the Foreign-Trade Zones Board (the International Trade Administration, Xin Wei Aluminum Products Co., Ltd., and Xin Wei Department of Commerce. Aluminum Company Limited, because an Board) by the State of New Jersey, administrative review of these companies was also Department of State, grantee of FTZ 44, SUMMARY: The Department of Commerce requested by Regal, a request for an administrative requesting subzone status for the facility (Commerce) is conducting an review remains in place for 29 companies.

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review, see the Preliminary Decision 9405.99.4020, 9031.90.90.95, numbers: 8418.99.80.50 and Memorandum.4 7616.10.90.90, 7609.00.00, 7610.10.00, 8418.99.80.60. While HTSUS The Preliminary Decision 7610.90.00, 7615.10.30, 7615.10.71, subheadings are provided for Memorandum is a public document and 7615.10.91, 7615.19.10, 7615.19.30, convenience and customs purposes, the is on file electronically via Enforcement 7615.19.50, 7615.19.70, 7615.19.90, written description of the scope of this and Compliance’s AD and 7615.20.00, 7616.99.10, 7616.99.50, Order is dispositive.7 Countervailing Duty Centralized 8479.89.98, 8479.90.94, 8513.90.20, Methodology Electronic Service System (ACCESS). 9403.10.00, 9403.20.00, 7604.21.00.00, ACCESS is available to registered users 7604.29.10.00, 7604.29.30.10, Commerce is conducting this review at https://access.trade.gov, and to all 7604.29.30.50, 7604.29.50.30, in accordance with section 751(a)(1)(B) parties in the Central Records Unit, 7604.29.50.60, 7608.20.00.30, of the Tariff Act of 1930, as amended Room B8024 of the main Department of 7608.20.00.90, 8302.10.30.00, (the Act). For a full description of the Commerce building. In addition, a 8302.10.60.30, 8302.10.60.60, methodology underlying our complete version of the Preliminary 8302.10.60.90, 8302.20.00.00, preliminary results of review, see the Decision Memorandum can be accessed 8302.30.30.10, 8302.30.30.60, Preliminary Decision Memorandum. directly on the internet at http:// 8302.41.30.00, 8302.41.60.15, enforcement.trade.gov/frn/. The signed 8302.41.60.45, 8302.41.60.50, Rescission of Administrative Review, in and the electronic versions of the 8302.41.60.80, 8302.42.30.10, Part Preliminary Decision Memorandum are 8302.42.30.15, 8302.42.30.65, Pursuant to 19 CFR 351.213(d)(1), identical in content. A list of topics 8302.49.60.35, 8302.49.60.45, included in the Preliminary Decision Commerce will rescind an 8302.49.60.55, 8302.49.60.85, administrative review, in whole or in Memorandum is included as Appendix 8302.50.00.00, 8302.60.90.00, I to this notice. part, if the party or parties that 8305.10.00.50, 8306.30.00.00, requested a review withdraws the Commerce has exercised its discretion 8414.59.60.90, 8415.90.80.45, to toll deadlines for the duration of the request within 90 days of the 8418.99.80.05, 8418.99.80.50, publication date of the notice of closure of the Federal Government from 8418.99.80.60, 8419.90.10.00, January 20 through 22, 2018. If the new initiation of the requested review. As 8422.90.06.40, 8473.30.20.00, noted above, petitioner timely withdrew deadline falls on a non-business day, in 8473.30.51.00, 8479.90.85.00, accordance with Commerce’s practice, its request for an administrative review 8486.90.00.00, 8487.90.00.80, for certain companies. Therefore, in the deadline will become the next 8503.00.95.20, 8508.70.00.00, business day. The revised deadline for accordance with 19 CFR 351.213(d)(1), 8515.90.20.00, 8516.90.50.00, we are rescinding this administrative the preliminary results of this review is 8516.90.80.50, 8517.70.00.00, now February 5, 2018.5 review with respect to 191 of the 220 8529.90.73.00, 8529.90.97.60, companies named in the Initiation Scope of the Order 8536.90.80.85, 8538.10.00.00, Notice.8 See Appendix II for a list of 8543.90.88.80, 8708.29.50.60, The merchandise covered by the these companies.9 8708.80.65.90, 8803.30.00.60, Order is aluminum extrusions which are 9013.90.50.00, 9013.90.90.00, Separate Rates shapes and forms, produced by an 9401.90.50.81, 9403.90.10.40, extrusion process, made from aluminum 9403.90.10.50, 9403.90.10.85, In the Initiation Notice, we informed alloys having metallic elements 9403.90.25.40, 9403.90.25.80, parties of the opportunity to request a corresponding to the alloy series 10 9403.90.40.05, 9403.90.40.10, separate rate. In proceedings involving designations published by The 9403.90.40.60, 9403.90.50.05, non-market economy (NME) countries, Aluminum Association commencing 9403.90.50.10, 9403.90.50.80, Commerce begins with a rebuttable with the numbers 1, 3, and 6 (or 9403.90.60.05, 9403.90.60.10, presumption that all companies within proprietary equivalents or other 9403.90.60.80, 9403.90.70.05, the NME country are subject to certifying body equivalents).6 9403.90.70.10, 9403.90.70.80, government control and, thus, should be Imports of the subject merchandise 9403.90.80.10, 9403.90.80.15, assigned a single weighted-average are provided for under the following 9403.90.80.20, 9403.90.80.41, dumping margin. It is Commerce’s categories of the Harmonized Tariff 9403.90.80.51, 9403.90.80.61, policy to assign all exporters of Schedule of the United States (HTSUS): 9506.11.40.80, 9506.51.40.00, merchandise subject to an 6603.90.8100, 7616.99.51, 8479.89.94, 9506.51.60.00, 9506.59.40.40, administrative review involving an 8481.90.9060, 8481.90.9085, 9506.70.20.90, 9506.91.00.10, NME country this single rate unless an 9031.90.9195, 8424.90.9080, 9506.91.00.20, 9506.91.00.30, exporter can demonstrate that it is sufficiently independent so as to be 4 See Memorandum, ‘‘Decision Memorandum for 9506.99.05.10, 9506.99.05.20, 9506.99.05.30, 9506.99.15.00, entitled to a separate rate. Companies Preliminary Results of Antidumping Duty that wanted to qualify for separate rate Administrative Review: Aluminum Extrusions from 9506.99.20.00, 9506.99.25.80, the People’s Republic of China; 2016–2017,’’ dated 9506.99.28.00, 9506.99.55.00, status in this administrative review concurrently with, and hereby adopted by, this were required to timely file, as notice (Preliminary Decision Memorandum). 9506.99.60.80, 9507.30.20.00, 9507.30.40.00, 9507.30.60.00, appropriate, a separate rate application 5 See Memorandum for The Record from (SRA) or a separate rate certification Christian Marsh, Deputy Assistant Secretary for 9507.90.60.00, and 9603.90.80.50. (SRC) to demonstrate their eligibility for Enforcement and Compliance, performing the non- The subject merchandise entered as exclusive functions and duties of the Assistant a separate rate. SRAs and SRCs were Secretary for Enforcement and Compliance, parts of other aluminum products may due to Commerce within 30 calendar ‘‘Deadlines Affected by the Shutdown of the be classifiable under the following Federal Government’’ (Tolling Memorandum), additional Chapter 76 subheadings: 7 See the Order. dated January 23, 2018. All deadlines in this 7610.10, 7610.90, 7615.19, 7615.20, and segment of the proceeding have been extended by 8 See Initiation Notice, 82 FR at 31294–31297. 3 days. 7616.99, as well as under other HTSUS 9 See Preliminary Decision Memorandum for 6 See Preliminary Decision Memorandum for a chapters. In addition, fin evaporator further details. complete description of the scope of the Order. coils may be classifiable under HTSUS 10 See Initiation Notice, 82 FR at 31293.

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days of the publication of the Initiation wide entity will not be under review telephone number; (2) the number of Notice.11 unless a party specifically requests, or participants; and (3) a list of the issues Of the companies for which an Commerce self-initiates, a review of the to be discussed. Oral presentations at administrative review was requested, entity. Because no party requested a the hearing will be limited to issues and not withdrawn, none submitted an review of the China-wide entity in the raised in the case and rebuttal briefs. If SRA, SRC, or certification of no instant review, the entity is not under a request for a hearing is made, parties shipments. Therefore, no company for review, and the entity’s current rate, i.e., will be notified of the time and date for which a request for administrative 86.01 percent,14 is not subject to change. the hearing to be held at the U.S. Department of Commerce, 1401 review remains in place has Adjustments for Countervailable Constitution Avenue NW, Washington, demonstrated that it is entitled to a Subsidies separate rate. We, therefore, DC 20230.19 preliminarily determine that the Because no company established All submissions, with limited following companies are not eligible for eligibility for an adjustment under exceptions, must be filed electronically a separate rate in this administrative section 777A(f) of the Act for using ACCESS.20 An electronically filed review: (1) Activa International Inc.; (2) countervailable domestic subsidies, for document must be received successfully Atlas Integrated Manufacturing Ltd.; (3) these preliminary results, Commerce in its entirety by Commerce’s electronic Belton (Asia) Development Ltd.; (4) did not make an adjustment pursuant to records system, ACCESS, by 5 p.m. Belton (Asia) Development Limited; (5) section 777A(f) of the Act for Eastern Time (ET) on the due date. Changzhou Tenglong Auto Parts Co., countervailable domestic subsidies for Documents excepted from the electronic Ltd.; (6) Changzhou Tenglong Auto separate-rate recipients. Furthermore, submission requirements must be filed Accessories Manufacturing Co. Ltd.; (7) because the China-wide entity is not manually (i.e., in paper form) with the Changzhou Tenglong Auto Parts Co Ltd; under review, we made no adjustment APO/Dockets Unit in Room 18022 and (8) China Square; (9) China Square for countervailable export subsidies for stamped with the date and time of Industrial Co.; (10) China Square the China-wide entity pursuant to receipt by 5 p.m. ET on the due date.21 Industrial Ltd; (11) Daya Hardware Co section 772(c)(1)(C) of the Act. Unless otherwise extended, Ltd; (12) ETLA Technology (Wuxi) Co. Disclosure and Public Comment Commerce intends to issue the final Ltd; (13) Global Hi-Tek Precision Co. results of this administrative review, Normally, Commerce discloses to Ltd; (14) Guangdong Whirlpool which will include the results of our interested parties the calculations Electrical Appliances Co., Ltd.; (15) analysis of all issues raised in any briefs performed in connection with the Guangdong Xin Wei Aluminum received, within 120 days of publication preliminary results within five days of Products Co., Ltd.; (16) Guangdong of these preliminary results in the the public announcement or, if there is Zhongya Aluminium Company Limited; Federal Register, pursuant to section no public announcement, within five (17) Henan New Kelong Electrical 751(a)(3)(A) of the Act. days of the date of publication of this Appliances Co., Ltd.; (18) Liaoning notice in accordance with 19 CFR Assessment Rates Zhongwang Group Co., Ltd.; (19) 351.224(b). However, because Liaoyang Zhongwang Aluminum Profile Upon issuance of the final results of Commerce did not calculate weighted- Co. Ltd.; (20) Midea International this review, Commerce will determine, average dumping margins for any Training Co., Ltd.; (21) Midea and CBP shall assess, AD duties on all companies in this review, nor for the International Trading Co., Ltd.; (22) appropriate entries covered by this China-wide entity, there is nothing 22 Shenyang Yuanda Aluminum Industry review. Commerce intends to issue further to disclose. This meets our Engineering Co. Ltd.; (23) Sincere Profit assessment instructions to CBP 15 days regulatory obligation. Limited; (24) Summit Heat Sinks Metal after publication of the final results of Interested parties may submit case Co, Ltd; (25) USA Worldwide Door this review. briefs no later than 30 days after the Components (PINGHU) Co., Ltd.; (26) We intend to instruct CBP to liquidate date of publication of this notice.15 Whirlpool Canada L.P.; (27) Whirlpool entries containing subject merchandise Rebuttal briefs, limited to issues raised Microwave Products Development Ltd.; exported by the China-wide entity at the in the case briefs, may be filed no later (28) Xin Wei Aluminum Co. Ltd.; and China-wide rate. Additionally, if than five days after the case briefs are (29) Xin Wei Aluminum Company Commerce determines that an exporter filed.16 Parties who submit case or Limited.12 under review had no shipments of the rebuttal briefs in this review are subject merchandise, any suspended China-Wide Entity requested to submit with each argument entries that entered under that (a) a statement of the issue, (b) a brief exporter’s case number will be We preliminarily find that the 29 summary of the argument, and (c) a liquidated at the China-wide rate.23 companies listed above are part of the table of authorities.17 For the companies for which this China-wide entity in this administrative Any interested party may request a review is rescinded, AD duties shall be review because they failed to submit an hearing within 30 days of publication of assessed at rates equal to the cash SRA, SRC, or certification of no this notice.18 Hearing requests should deposit of estimated AD duties required shipments. contain the following information: (1) at the time of entry, or withdrawal from Commerce’s policy regarding The party’s name, address, and warehouse, for consumption, in conditional review of the China-wide entity applies to this administrative Entity in NME Antidumping Duty Proceedings, 78 19 See 19 CFR 351.310(d). 13 review. Under this policy, the China- FR 65963, 65970 (November 4, 2013). 20 See generally 19 CFR 351.303. 14 See Aluminum Extrusions from the People’s 21 See Antidumping and Countervailing Duty 11 Id. Republic of China: Final Results of Antidumping Proceedings: Electronic Filing Procedures; 12 See Preliminary Decision Memorandum at 9– Duty Administrative Review; 2015–2016, 82 FR Administrative Protective Order Procedures, 76 FR 11. 52265, 52267 (November 13, 2017). 39263 (July 6, 2011). 15 13 See Antidumping Proceedings: Announcement See 19 CFR 351.309(c)(1)(ii). 22 See 19 CFR 351.212(b)(1). of Change in Department Practice for Respondent 16 See 19 CFR 351.309(d). 23 See Non-Market Economy Antidumping Selection in Antidumping Duty Proceedings and 17 See 19 CFR 351.309(c)(2) and (d)(2). Proceedings: Assessment of Antidumping Duties, 76 Conditional Review of the Nonmarket Economy 18 See 19 CFR 351.310(c). FR 65694 (October 24, 2011).

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accordance with 19 CFR Notification to Interested Parties 35. FookShing Metal & Plastic Co. Ltd. 36. Foreign Trade Co. of Suzhou New & High- 351.212(c)(1)(i). Commerce intends to We are issuing and publishing notice issue assessment instructions to CBP for Tech Industrial Development Zone of these preliminary results in 37. Foshan City Nanhai Hongjia Aluminum those companies 15 days after accordance with sections 751(a)(1) and Alloy Co., Ltd. publication of this notice. 777(i)(1) of the Act and 19 CFR 38. Foshan Golden Source Aluminum Cash Deposit Requirements 351.221(b)(4). Products Co., Ltd. 39. Foshan Guangcheng Aluminium Co., Ltd Dated: January 26, 2018. The following cash deposit 40. Foshan Jinlan Aluminum Co. Ltd. Prentiss Lee Smith, 41. Foshan JinLan Aluminum Co., Ltd. requirements for estimated AD duties, Deputy Assistant Secretary for Policy and 42. Foshan JMA Aluminum Company when imposed, will apply to all Negotiations. Limited shipments of subject merchandise from 43. Foshan Sanshui Fenglu Aluminium Co., China entered, or withdrawn from Appendix I—List of Topics Discussed in Ltd. warehouse, for consumption on or after the Preliminary Decision Memorandum 44. Foshan Shunde Aoneng Electrical Appliances Co., Ltd the publication of the final results of I. Summary 45. Foshan Yong Li Jian Aluminum Co., Ltd. II. Background this administrative review, as provided 46. Fujian Sanchuan Aluminum Co., Ltd. III. Scope of the Order by section 751(a)(2)(C) of the Act: (1) If 47. Fuzhou Sunmodo New Energy IV. Respondent Selection the companies preliminarily determined Equipment to be eligible for a separate rate receive V. Rescission of Administrative Review, in 48. Genimex Shanghai, Ltd. Part a separate rate in the final results of this 49. Global PMX Dongguan Co., Ltd. VI. NME Country 50. Global Point Technology (Far East) administrative review, their cash VII. Separate Rates deposit rate will be equal to the Limited VIII. The China-Wide Entity 51. Gold Mountain International weighted-average dumping margin IX. Adjustments for Countervailable Development, Ltd. established in the final results of this Subsidies 52. Golden Dragon Precise Copper Tube review, as adjusted for domestic and X. Conclusion Group, Inc. export subsidies (except, if that rate is Appendix II—Companies for Which 53. Gran Cabrio Capital Pte. Ltd. de minimis, then the cash deposit rate This Administrative Review Is Being 54. Gree Electric Appliances will be zero); (2) for any previously Rescinded 55. GT88 Capital Pte. Ltd. investigated or reviewed Chinese and 56. Guang Ya Aluminium Industries Co., Ltd. non-Chinese exporters that are not 1. Acro Import and Export Co. 57. Guang Ya Aluminum Industries Company 2. Activa Leisure Inc. Ltd under review in this segment of the 3. Allied Maker Limited 58. Guang Ya Aluminium Industries (Hong proceeding but that received a separate 4. Alnan Aluminium Ltd. Kong) Ltd. rate in the most recently completed 5. Alnan Aluminum Co., Ltd. 59. Guangcheng Aluminum Co., Ltd segment of this proceeding, the cash 6. Aluminicaste Fundicion de Mexico 60. Guangdong Hao Mei Aluminium Co., Ltd. deposit rate will continue to be the 7. AMC Limited 61. Guangdong Jianmei Aluminum Profile exporter-specific rate published for the 8. AMC Ltd. Company Limited most recently completed segment of this 9. Anji Chang Hong Chain Manufacturing 62. Guangdong JMA Aluminum Profile Factory (Group) Co., Ltd. proceeding; (3) for all Chinese exporters 10. Aoda Aluminium (Hong Kong) Co., Limited 63. Guangdong Midea of subject merchandise that have not 11. Birchwoods (Lin’an) Leisure Products 64. Guangdong Nanhai Foodstuffs Imp. & been found to be entitled to a separate Co., Ltd. Exp. Co., Ltd. rate, the cash deposit rate will be that 12. Bolnar Hong Kong Ltd. 65. Guangdong Weiye Aluminum Factory for the China-wide entity; (4) for the 13. Bracalente Metal Products (Suzhou) Co., Co., Ltd. China-wide entity, the cash deposit rate Ltd. 66. Guangdong Xingfa Aluminium Co., Ltd. will be 86.01 percent; and (5) for all 14. Changshu Changshen Aluminum 67. Guangdong Yonglijian Aluminum Co., non-Chinese exporters of subject Products Co., Ltd. Ltd. 15. Changshu Changsheng Aluminium 68. Guangzhou Jangho Curtain Wall System merchandise which have not received Products Co., Ltd. Engineering Co., Ltd. their own rate, the cash deposit rate will 16. Changzhou Changzhen Evaporator Co., 69. Guangzhou Mingcan Die-Casting be the rate applicable to the Chinese Ltd. Hardware Products Co., Ltd. exporter that supplied that non-Chinese 17. Changzhou Changzheng Evaporator Co., 70. Hangzhou Xingyi Metal Products Co., exporter. Ltd. Ltd. 18. China Zhongwang Holdings, Ltd. 71. Hanwood Enterprises Limited These cash deposit requirements, 19. Chiping One Stop Industrial & Trade Co., 72. Hanyung Alcoba Co., Ltd. when imposed, shall remain in effect Ltd. 73. Hanyung Alcobis Co., Ltd. until further notice. 20. Classic & Contemporary Inc. 74. Hanyung Metal (Suzhou) Co., Ltd. 21. Clear Sky Inc. 75. Hao Mei Aluminum Co., Ltd. Notification to Importers 22. Cosco (J.M.) Aluminium Co., Ltd. 76. Hao Mei Aluminum International Co., This notice also serves as a 23. Dalian Huacheng Aquatic Products Ltd. 24. Dalian Liwang Trade Co., Ltd. 77. Hebei Xusen Wire Mesh Products Co., preliminary reminder to importers of 25. Danfoss Micro Channel Heat Exchanger Ltd. their responsibility under 19 CFR (Jia Xing) Co., Ltd. 78. Hong Kong Gree Electric Appliances 351.402(f)(2) to file a certificate 26. Dongguan Aoda Aluminum Co., Ltd. Sales Limited regarding the reimbursement of AD 27. Dongguan Dazhan Metal Co., Ltd. 79. Hong Kong Modern Non-Ferrous Metal duties prior to liquidation of the 28. Dongguan Golden Tiger Hardware 80. Honsense Development Company relevant entries during this review Industrial Co., Ltd. 81. Hui Mei Gao Aluminum Foshan Co., Ltd. period. Failure to comply with this 29. Dragonluxe Limited 82. Huixin Aluminum 30. Dynabright Int’l Group (HK) Limited 83. IDEX Dinglee Technology (Tianjin) Co., requirement could result in Commerce’s 31. Dynamic Technologies China Ltd. Ltd. presumption that reimbursement of AD 32. Ever Extend Ent. Ltd. 84. IDEX Technology Suzhou Co., Ltd. duties occurred and the subsequent 33. Fenghua Metal Product Factory 85. IDEX Health assessment of double AD duties. 34. First Union Property Limited 86. Innovative Aluminium (Hong Kong)

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Limited Accessories Co Ltd Co., Ltd. 87. iSource Asia 145. Shanghai Automobile Air Conditioner [FR Doc. 2018–02521 Filed 2–7–18; 8:45 am] 88. Jackson Travel Products Co., Ltd. Accessories Ltd. BILLING CODE 3510–DS–P 89. Jangho Curtain Wall Hong Kong Ltd. 146. Shanghai Canghai Aluminum Tube 90. Jiangmen Jianghai District Foreign Packaging Co., Ltd Economic Enterprise Corp. Ltd. 147. Shanghai Dongsheng Metal DEPARTMENT OF COMMERCE 91. Jiangmen Jianghai Foreign Ent. Gen. 148. Shanghai Shen Hang Imp & Exp Co., 92. Jiangmen Qunxing Hardware Diecasting Ltd. International Trade Administration Co., Ltd. 149. Shanghai Tongtai Precise Aluminum 93. Jiangsu Changfa Refrigeration Co., Ltd. Alloy Manufacturing Co., Ltd. 94. Jiangyin Suncitygaylin Quarterly Update to Annual Listing of 150. Shenzhen Hudson Technology Foreign Government Subsidies on 95. Jiangyin Trust International Inc. Development Co. Articles of Cheese Subject to an In- 96. Jiangyin Xinhong Doors and Windows 151. Shenzhen Jiuyuan Co., Ltd. Co., Ltd. 152. Sihui Shi Guo Yao Aluminum Co., Ltd. Quota Rate of Duty 97. Jiaxing Jackson Travel Products Co., Ltd. 153. Skyline Exhibit Systems (Shanghai) Co., 98. Jiaxing Taixin Metal Products Co., Ltd. AGENCY: Enforcement and Compliance, Ltd. 99. Jiuyan Co., Ltd. International Trade Administration, 154. Southwest Aluminum (Group) Co., Ltd. 100. JMA (HK) Company Limited Department of Commerce. 155. Suzhou JRP Import & Export Co., Ltd. 101. Johnson Precision Engineering (Suzhou) DATES: Applicable February 8, 2018. Co., Ltd. 156. Suzhou New Hongji Precision Part Co. FOR FURTHER INFORMATION CONTACT: 102. Justhere Co., Ltd. 157. Tai-Ao Aluminium (Taishan) Co., Ltd. 103. Kam Kiu Aluminium Products Sdn. 158. Taishan City Kam Kiu Aluminium Stephanie Moore, AD/CVD Operations, Bhd. Extrusion Co., Ltd. Office III, Enforcement and Compliance, 104. Kanal Precision Aluminum Product Co., 159. Taizhou Lifeng Manufacturing Co., Ltd. International Trade Administration, Ltd 160. Taizhou Lifeng Manufacturing U.S. Department of Commerce, 1401 105. Karlton Aluminum Company Ltd. Corporation, Ltd. Constitution Ave. NW, Washington, DC 106. Kong Ah International Company 161. Taizhou United Imp. & Exp. Co., Ltd. 20230, telephone: (202) 482–3692. Limited 162. tenKsolar (Shanghai) Co., Ltd. SUPPLEMENTARY INFORMATION: Section 107. Kromet International 163. Tianjin Ganglv Nonferrous Metal 108. Kromet International, Inc. Materials Co., Ltd. 702 of the Trade Agreements Act of 109. Kromet Intl Inc 164. Tianjin Jinmao Import & Export Corp., 1979 (as amended) (the Act) requires the 110. Kunshan Giant Light Metal Technology Ltd. Department of Commerce (Commerce) Co., Ltd. 165. Tianjin Ruixin Electric Heat to determine, in consultation with the 111. Longkou Donghai Trade Co., Ltd. Transmission Technology, Ltd. Secretary of Agriculture, whether any 112. Metaltek Group Co., Ltd. 166. Tianjin Xiandai Plastic & Aluminum foreign government is providing a 113. Metaltek Metal Industry Co., Ltd. Products Co., Ltd. subsidy with respect to any article of 114. Midea Air Conditioning Equipment Co., 167. Tiazhou Lifeng Manufacturing cheese subject to an in-quota rate of Ltd. Corporation 115. Miland Luck Limited duty, as defined in section 702(h) of the 168. Top-Wok Metal Co., Ltd. Act, and to publish quarterly updates to 116. Nanhai Textiles Import & Export Co., 169. Traffic Brick Network, LLC Ltd. 170. Union Aluminum (SIP) Co. the type and amount of those subsidies. 117. New Asia Aluminum & Stainless Steel 171. Union Industry (Asia) Co., Ltd. We hereby provide Commerce’s Product Co., Ltd. 172. Wenzhou Shengbo Decoration & quarterly update of subsidies on articles 118. New Zhongya Aluminum Factory Hardware of cheese that were imported during the 119. Nidec Sankyo (Zhejang) Corporation 173. Whirlpool (Guangdong) period July 1, 2017, through September 120. Nidec Sankyo Zhejiang Corporation 174. WTI Building Products, Ltd. 30, 2017. 121. Nidec Sankyo Singapore Pte. Ltd. 175. Xin Wei Aluminum Co. Commerce has developed, in 122. Ningbo Coaster International Co., Ltd. 176. Xinya Aluminum & Stainless Steel 123. Ningbo Hi Tech Reliable Manufacturing consultation with the Secretary of Product Co., Ltd. Company Agriculture, information on subsidies, 177. Yuyao Fanshun Import & Export Co., 124. Ningbo Innopower Tengda Machinery as defined in section 702(h) of the Act, Ltd. 125. Ningbo Ivy Daily Commodity Co., Ltd. being provided either directly or 178. Yuyao Haoshen Import & Export 126. Ningbo Yili Import and Export Co., Ltd. indirectly by foreign governments on 127. North China Aluminum Co., Ltd. 179. Zahoqing China Square Industry articles of cheese subject to an in-quota Limited 128. North Fenghua Aluminum Ltd. rate of duty. The appendix to this notice 129. Northern States Metals 180. Zhaoqing Asia Aluminum Factory Company Ltd. lists the country, the subsidy program or 130. PanAsia Aluminium (China) Limited programs, and the gross and net 131. Pengcheng Aluminum Enterprise Inc. 181. Zhaoqing China Square Industrial Ltd. 132. Permasteelisa Hong Kong Limited 182. Zhaoqing China Square Industry amounts of each subsidy for which 133. Permasteelisa South China Factory Limited information is currently available. 134. Pingguo Aluminum Company Limited 183. Zhaoqing New Zhongya Aluminum Co., Commerce will incorporate additional 135. Pingguo Asia Aluminum Co., Ltd. Ltd. programs which are found to constitute 136. Popular Plastics Co., Ltd. 184. Zhejiang Anji Xinxiang Aluminum Co., subsidies, and additional information 137. Precision Metal Works Limited Ltd. on the subsidy programs listed, as the 138. Press Metal International Ltd. 185. Zhejiang Yongkang Listar Aluminium information is developed. 139. Samuel, Son & Co., Ltd. Industry Co., Ltd. Commerce encourages any person 140. Sanchuan Aluminum Co., Ltd. 186. Zhejiang Zhengte Group Co., Ltd. having information on foreign 187. Zhenjiang Xinlong Group Co., Ltd. 141. Sanhua (Hangzhou) Micro Channel Heat government subsidy programs which Exchanger Co., Ltd 188. Zhongshan Daya Hardware Co., Ltd. 142. Shangdong Huasheng Pesticide 189. Zhongshan Gold Mountain Aluminum benefit articles of cheese subject to an Machinery Co. Factory Ltd. in-quota rate of duty to submit such 143. Shangdong Nanshan Aluminum Co., 190. Zhongya Shaped Aluminium (HK) information in writing to the Assistant Ltd. Holding Limited Secretary for Enforcement and 144. Shanghai Automobile Air-Conditioner 191. Zhuhai Runxingtai Electrical Equipment Compliance, U.S. Department of

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Commerce, 1401 Constitution Ave. NW, Dated: February 2, 2018. Washington, DC 20230. Gary Taverman, This determination and notice are in Deputy Assistant Secretary for Antidumping accordance with section 702(a) of the and Countervailing Duty Operations, Performing the Non-Exclusive Functions and Act. Duties of the Assistant Secretary for Enforcement and Compliance. Appendix

SUBSIDY PROGRAMS ON CHEESE SUBJECT TOANIN-QUOTA RATE OF DUTY

Gross 1 Net 2 Country Program(s) subsidy subsidy ($/lb) ($/lb)

28 European Union Member States 3 ...... European Union Restitution Payments ...... $ 0.00 $0.00 Canada ...... Export Assistance on Certain Types of Cheese ...... 0.45 0.45 Norway ...... Indirect (Milk) Subsidy ...... 0.00 0.00 Consumer Subsidy ...... 0.00 0.00

Total ...... 0.00 0.00 Switzerland ...... Deficiency Payments ...... 0.00 0.00 1 Defined in 19 U.S.C. 1677(5). 2 Defined in 19 U.S.C. 1677(6). 3 The 28 member states of the European Union are: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slo- venia, Spain, Sweden, and the United Kingdom.

[FR Doc. 2018–02519 Filed 2–7–18; 8:45 am] number USA–CDA–2018–1904–02 to support of any reviewable portion of the BILLING CODE 3510–DS–P this request. final determination may participate in FOR FURTHER INFORMATION CONTACT: Paul the panel review by filing a Notice of E. Morris, United States Secretary, Appearance in accordance with Rule 40 DEPARTMENT OF COMMERCE NAFTA Secretariat, Room 2061, 1401 within 45 days after the filing of the first Constitution Avenue NW, Washington, Request for Panel Review (the deadline International Trade Administration DC 20230, (202) 482–5438. for filing a Notice of Appearance is SUPPLEMENTARY INFORMATION: Chapter March 5, 2018); and North American Free Trade Agreement (c) The panel review shall be limited (NAFTA), Article 1904 Binational Panel 19 of Article 1904 of NAFTA provides a dispute settlement mechanism to the allegations of error of fact or law, Review: Notice of Request for Panel including challenges to the jurisdiction Review involving trade remedy determinations issued by the Government of the United of the investigating authority, that are States, the Government of Canada, and set out in the Complaints filed in the AGENCY: United States Section, NAFTA panel review and to the procedural and Secretariat, International Trade the Government of Mexico. Following a Request for Panel Review, a Binational substantive defenses raised in the panel Administration, Department of review. Commerce. Panel is composed to review the trade remedy determination being challenged Dated: February 2, 2018. ACTION: Notice of NAFTA Request for and issue a binding Panel Decision. Paul E. Morris, Panel Review in the matter of 100- to There are established NAFTA Rules of U.S. Secretary, NAFTA Secretariat. 150-Seat Large Civil Aircraft from Procedure for Article 1904 Binational [FR Doc. 2018–02475 Filed 2–7–18; 8:45 am] Canada: Final Affirmative Panel Reviews, which were adopted by BILLING CODE 3510–GT–P Determination of Sales at Less Than Fair the three governments for panels Value (Secretariat File Number: USA– requested pursuant to Article 1904(2) of CDA–2018–1904–02). NAFTA which requires Requests for DEPARTMENT OF COMMERCE Panel Review to be published in SUMMARY: Requests for Panel Review accordance with Rule 35. For the International Trade Administration were filed on behalf of Bombardier Inc. complete Rules, please see https:// [A–570–864, A–823–805] and C Series Aircraft Limited www.nafta-sec-alena.org/Home/Texts- Partnership and the Government of of-the-Agreement/Rules-of-Procedure/ Silicomanganese From the People’s Canada with the United States Section Article-1904. Republic of China and Ukraine: Final of the NAFTA Secretariat on January 19, The Rules provide that: Results of Expedited Fourth Sunset 2018, pursuant to NAFTA Article 1904. (a) A Party or interested person may Reviews of the Antidumping Duty Panel Review was requested of the challenge the final determination in Orders Department of Commerce’s Final whole or in part by filing a Complaint Affirmative Determination of Sales at in accordance with Rule 39 within 30 AGENCY: Enforcement and Compliance, Less Than Fair Value regarding 100- to days after the filing of the first Request International Trade Administration, 150-Seat Large Civil Aircraft from for Panel Review (the deadline for filing Department of Commerce. Canada. The final determination was a Complaint is February 20, 2018); SUMMARY: As a result of these sunset published in the Federal Register on (b) A Party, investigating authority or reviews, the Department of Commerce December 27, 2017 (82 FR 61,255). The interested person that does not file a (Commerce) finds that revocation of the NAFTA Secretariat has assigned case Complaint but that intends to appear in antidumping duty (AD) orders on

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silicomanganese from the People’s no substantive response from any other Although the HTSUS subheadings are Republic of China (China) and Ukraine domestic or respondent interested provided for convenience and customs would be likely to lead to continuation parties in this proceeding, nor was a purposes, the written description of the or recurrence of dumping at the hearing requested. As a result, pursuant AD Orders remains dispositive.9 dumping margins identified in the to 19 CFR 351.218(e)(1)(ii)(C), Analysis of Comments Received ‘‘Final Results of Review’’ section of this Commerce conducted expedited (120- notice. day) sunset reviews of the AD Orders. All issues raised in these sunset DATES: Applicable February 8, 2018. Commerce has exercised its discretion reviews, including the likelihood of continuation or recurrence of dumping FOR FURTHER INFORMATION CONTACT: to toll deadlines for the duration of the and the magnitude of the margins likely Joseph Degreenia, AD/CVD Operations, closure of the Federal Government from to prevail if the AD Orders were Office III, Enforcement and Compliance, January 20 through 22, 2018. If the new revoked, are addressed in the Issues and International Trade Administration, deadline falls on a non-business day, in Decision Memorandum,10 dated U.S. Department of Commerce, 1401 accordance with Commerce’s practice, concurrently with, and hereby adopted Constitution Avenue NW, Washington, the deadline will become the next by this notice. The Issues and Decision DC 20230; telephone: (202) 482–6430. business day. The revised deadline for the final results of these sunset reviews Memorandum is a public document and SUPPLEMENTARY INFORMATION: is now February 5, 2018.7 is on file electronically via Enforcement Background and Compliance’s Antidumping and Scope of the AD Orders Countervailing Duty Centralized On October 4, 2017, Commerce The merchandise covered by these Electronic Service System (ACCESS). published the notice of initiation of the orders is silicomanganese. ACCESS is available to registered users fourth sunset reviews of the 1 Silicomanganese, which is sometimes at https://access.trade.gov and to all antidumping duty orders on called ferrosilicon manganese, is a parties in the Central Records Unit, silicomanganese from China and ferroalloy composed principally of Room B8024 of the main Department of Ukraine, pursuant to section 751(c) of manganese, silicon, and iron, and Commerce building. In addition, a the Tariff Act of 1930, as amended (the normally contains much smaller complete version of the Issues and 2 Act). On October 19, 2017, Commerce proportions of minor elements, such as Decision Memorandum can be accessed received a notice of intent to participate carbon, phosphorous and sulfur. at http://enforcement.trade.gov/frn/. from Eramet Marietta, Inc. (Eramet), Silicomanganese generally contains by The signed Issues and Decision within the deadline specified in 19 CFR weight not less than 4 percent iron, Memorandum and the electronic 3 351.218(d)(1)(i). On October 9, 2017, more than 30 percent manganese, more version of the Issues and Decision Commerce received a letter from the than 8 percent silicon and not more Memorandum are identical in content. Trade Defense Department of the than 3 percent phosphorous. All Final Results of Reviews Ministry of Economic Development and compositions, forms and sizes of Trade (TDDMEDT) of Ukraine in which silicomanganese are included within the Pursuant to sections 751(c)(1) and TDDMEDT stated its intent to scope of these orders, including 752(c)(1) and (3) of the Act, we participate as an interested party in this silicomanganese slag, fines and determine that revocation of the AD 4 proceeding. Eramet claimed interested briquettes. Silicomanganese is used Orders on silicomanganese from China party status under section 771(9)(C) of primarily in steel production as a source and Ukraine would be likely to lead to the Act, as a domestic producer of of both silicon and manganese. continuation or recurrence of dumping, silicomanganese.5 On November 3, Silicomanganese is currently and that the magnitude of the dumping 2017, Commerce received complete classifiable under subheading margins likely to prevail would be substantive responses from Eramet 7202.30.0000 of the Harmonized Tariff weighted-average dumping margins up within the 30-day deadline specified in Schedule of the United States (HTSUS). to 150 percent for China and 163 19 CFR 351.218(d)(3)(i).6 We received Some silicomanganese may also percent for Ukraine. currently be classifiable under HTSUS 1 Notification Regarding Administrative See Notice of Antidumping Duty Order: subheading 7202.99.5040.8 The AD Silicomanganese from the People’s Republic of Protective Order China (PRC), 59 FR 66003 (December 22, 1994) and Orders cover all silicomanganese, Suspension Agreement on Silicomanganese from regardless of its tariff classification. This notice also serves as the only Ukraine; Termination of Suspension Agreement reminder to parties subject to an and Notice of Antidumping Duty Order, 66 FR China: Eramet’s Substantive Response to Notice of administrative protective order (APO) of 43838, August 21, 2001 (AD Orders). Initiation,’’ dated November 3, 2017 (Eramet China their responsibility concerning the 2 See Initiation of Five-Year (Sunset) Reviews, 82 Substantive Response) and ‘‘Five-Year (‘‘Sunset’’) return or destruction of proprietary FR 46221 (October 4, 2017). Review of Antidumping Duty Order on information disclosed under APO in 3 See letters from Eramet, ‘‘Five-Year (‘‘Sunset’’) Silicomanganese from Ukraine: Eramet’s Review of Antidumping Duty Order on Substantive Response to Notice of Initiation,’’ dated accordance with 19 CFR 351.305. Silicomanganese from the People’s Republic of November 3, 2017 (Eramet Ukraine Substantive Timely notification of the return or China: Notice of Intent to Participate,’’ dated Response). destruction of APO materials or October 19, 2017 (Eramet China NOITP) and ‘‘Five- 7 See Memorandum for The Record from conversion to judicial protective order is Year (‘‘Sunset’’) Review of Antidumping Duty Christian Marsh, Deputy Assistant Secretary for Order on Silicomanganese from Ukraine: Notice of Enforcement and Compliance, performing the non- hereby requested. Failure to comply Intent to Participate,’’ dated October 19, 2017 exclusive functions and duties of the Assistant (Eramet Ukraine NOITP). Secretary for Enforcement and Compliance, 9 See Continuation of Antidumping Duty Orders: 4 See letter from Government of Ukraine, ‘‘Entry ‘‘Deadlines Affected by the Shutdown of the Silicomanganese from the People’s Republic of of Appearance: Five-Year ‘‘Sunset’’ Review of the Federal Government’’ (Tolling Memorandum), China and Ukraine, 77 FR 66956 (November 8, Antidumping Duty Order on Silicomanganese from dated January 23, 2018. All deadlines in this 2012). China, and Ukraine (4th Review), DOC Case No. A– segment of the proceeding have been extended by 10 See Commerce’s memorandum, ‘‘Issues and 823–805,’’ dated October 9, 2017. 3 days. Decision Memorandum for the Final Results of the 5 See Eramet China NOITP, at 1; and Eramet 8 7202.99.5040 is the applicable HTSUS statistical Expedited Fourth Sunset Review of the Ukraine NOITP, at 1. reporting prior to July 2, 2003. Effective July 2, Antidumping Duty Order on Silicomanganese from 6 See letters from Eramet, ‘‘Five-Year (‘‘Sunset’’) 2003, the subject merchandise that would originally the People’s Republic of China and Ukraine,’’ dated Review of Antidumping Duty Order on have entered under 7202.99.5040 now enters under concurrently with this notice (Issues and Decision Silicomanganese from the People’s Republic of 7202.99.8040. Memorandum).

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with the regulations and terms of an duration of the closure of the Federal HTSUS subheading is provided for APO is a violation which is subject to Government from January 20 through convenience and customs purposes, the sanction. 22, 2018. If the new deadline falls on a written description of the merchandise We are issuing and publishing these non-business day, in accordance with under the order is dispositive.5 results and notice in accordance with Commerce’s practice, the deadline will sections 751(c), 752(c), and 777(i)(1) of become the next business day. The Analysis of Comments Received the Act and 19 CR 351.218. revised deadline for the final results of All issues raised by GEO, the 2 Dated: February 2, 2018. this review is now February 5, 2018. domestic interested party, in its case Gary Taverman, For a description of events that have brief are addressed in the Issues and Deputy Assistant Secretary for Antidumping occurred since the Preliminary Results, Decision Memorandum. No other party and Countervailing Duty Operations, see the Issues and Decision filed a case or rebuttal brief. A list of the performing the non-exclusive functions and Memorandum.3 The Issues and Decision issues addressed in the Issues and duties of the Assistant Secretary for Memorandum is a public document and Decision Memorandum is appended to Enforcement and Compliance. is on file electronically via Enforcement this notice. and Compliance’s Antidumping and [FR Doc. 2018–02523 Filed 2–7–18; 8:45 am] Final Results of the Changed BILLING CODE 3510–DS–P Countervailing Duty Centralized Electronic Service System (ACCESS). Circumstances Review ACCESS is available to registered users Commerce finds that, based upon the DEPARTMENT OF COMMERCE at http://access.trade.gov, and is record of the CCR, Salvi has not available to all parties in the Central demonstrated that its sales of glycine are International Trade Administration Records Unit, room B8024 of the main of non-Chinese origin, and therefore, [A–570–836] Department of Commerce building. In Salvi, along with its importers, are not addition, a complete version of the permitted to participate in the Glycine From the People’s Republic of Issues and Decision Memorandum can certification process. Thus, glycine China: Final Results of the Changed be accessed directly at http:// produced by Salvi continues to be Circumstances Review enforcement.trade.gov/frn/index.html. subject to the Order.6 The signed Issues and Decision AGENCY: Enforcement and Compliance, Memorandum and the electronic Notification to Parties International Trade Administration, versions of the Issues and Decision This notice is the only reminder to Department of Commerce. Memorandum are identical in content. parties subject to administrative SUMMARY: The Department of Commerce protective order (APO) of their Scope of the Order (Commerce) determines, in the context responsibility concerning the of the changed circumstance review The product covered by this disposition of proprietary information (CCR) of the antidumping duty order on antidumping duty order is glycine, disclosed under APO in accordance glycine from the People’s Republic of which is a free-flowing crystalline with 19 CFR 351.305(a)(3). Timely China (China), that Salvi Chemical material, like salt or sugar. Glycine is written notification of the return or Industries Ltd. (Salvi) and its importers, produced at varying levels of purity and destruction of APO materials or are ineligible to participate in a is used as a sweetener/taste enhancer, a conversion to judicial protective order is certification process because, after buffering agent, reabsorbable amino hereby requested. Failure to comply further review of the record evidence acid, chemical intermediate, and a metal with the regulations and terms of an and comments submitted, we find Salvi complexing agent. This proceeding APO is a sanctionable violation. has not demonstrated that the sales of includes glycine of all purity levels. Commerce is issuing and publishing glycine examined are of non-Chinese Glycine is currently classified under these results in accordance with origin. As a result, glycine produced by subheading 2922.49.4020 of the sections 751(b)(1) and (4) and 777(i) of Salvi continues to be subject to the Harmonized Tariff Schedule of the the Tariff Act of 1930, as amended, and 4 Order on glycine. United States (HTSUS). Although the 19 CFR 351.216 and 19 CFR DATES: Applicable February 8, 2018. 351.221(c)(3)(i). FOR FURTHER INFORMATION CONTACT: 2 See Memorandum for The Record from Dated: February 2, 2018. Madeline Heeren, AD/CVD Operations, Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the non- Gary Taverman, Office VI, Enforcement and Compliance, exclusive functions and duties of the Assistant International Trade Administration, Secretary for Enforcement and Compliance, Deputy Assistant Secretary for Antidumping U.S. Department of Commerce, 1401 ‘‘Deadlines Affected by the Shutdown of the and Countervailing Duty Operations, Federal Government’’ (Tolling Memorandum), Performing the Non-Exclusive Functions and Constitution Avenue NW, Washington, dated January 23, 2018. All deadlines in this Duties of the Assistant Secretary for DC 20230; telephone: (202) 482–9179. segment of the proceeding have been extended by Enforcement and Compliance. SUPPLEMENTARY INFORMATION: 3 days. The new deadline falls on Sunday, February 4, 2018. The next business day is Monday, February Appendix—List of Topics Discussed in Background 5, 2018. the Issues and Decision Memorandum 3 See ‘‘Issues and Decision Memorandum for the Commerce initiated this CCR on Final Results of the Antidumping Duty Changed I. Summary November 16, 2016, and published the Circumstances Review of Glycine from the People’s II. Background Preliminary Results on August 11, Republic of China,’’ dated concurrently with and III. Scope of the Order 2017.1 Commerce has exercised its hereby adopted in this notice (Issues and Decision IV. Discussion of Issues Memorandum). discretion to toll deadlines for the 4 Comment 1: Whether Salvi is Producing In separate scope rulings, Commerce determined Glycine from Non-Chinese Origin Raw that: (a) D(-) Phenylglycine Ethyl Dane Salt is 1 See Glycine from the People’s Republic of outside the scope of the order and (b) Chinese- China: Initiation of Antidumping Duty Changed origin glycine exported from India remains the 5 See Antidumping Duty Order: Glycine from the Circumstances Review, 81 FR 81064 (November 17, same class or kind of merchandise as the Chinese- People’s Republic of China, 60 FR 16116 (March 29, 2016); see also Glycine from the People’s Republic origin glycine imported into India. See Notice of 1995) (Order). of China: Preliminary Results of Changed Scope Rulings and Anticircumvention Inquiries, 62 6 This determination applies to all importers of Circumstances Review, 82 FR 37564 (August 11, FR 62288 (November 21, 1997) and Circumvention glycine produced by Salvi, including Nutracare 2017) (Preliminary Results). Notice, respectively. International (Nutracare).

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Materials and May Participate in the requested pursuant to Article 1904(2) of Department of Commerce, 1401 Certification Process NAFTA which requires Requests for Constitution Avenue NW, Washington, V. Recommendation Panel Review to be published in DC 20230; telephone: (202) 482–0197. [FR Doc. 2018–02515 Filed 2–7–18; 8:45 am] accordance with Rule 35. For the SUPPLEMENTARY INFORMATION: BILLING CODE 3510–DS–P complete Rules, please see https:// www.nafta-sec-alena.org/Home/Texts- Background of-the-Agreement/Rules-of-Procedure/ Commerce published the preliminary DEPARTMENT OF COMMERCE Article-1904. results of this administrative review of The Rules provide that: PET film from India on August 3, 2016.1 International Trade Administration (a) A Party or interested person may We invited interested parties to challenge the final determination in North American Free Trade Agreement comment on the Preliminary Results whole or in part by filing a Complaint (NAFTA), Article 1904 Binational Panel 2015. On November 27, 2017, in accordance with Rule 39 within 30 Review: Notice of Request for Panel Commerce postponed the final results of days after the filing of the first Request Review review until January 30, 2018. On for Panel Review (the deadline for filing September 5, 2017, Commerce received AGENCY: United States Section, NAFTA a Complaint is February 20, 2018); a timely filed case brief from Jindal, and Secretariat, International Trade (b) A Party, investigating authority or on September 18, 2017, Commerce Administration, Department of interested person that does not file a received timely filed case briefs from Commerce. Complaint but that intends to appear in the Government of India (GOI) and from ACTION: Notice of NAFTA Request for support of any reviewable portion of the SRF. On September 25, 2017, Commerce Panel Review in the matter of 100- to final determination may participate in received timely rebuttal comments from 150-Seat Large Civil Aircraft from the panel review by filing a Notice of the petitioners, DuPont Teijin Films, Canada: Final Affirmative Appearance in accordance with Rule 40 Mitsubishi Polyester Film, Inc., and Countervailing Duty Determination within 45 days after the filing of the first SKC, Inc. (collectively, the petitioners). (Secretariat File Number: USA–CDA– Request for Panel Review (the deadline Based on an analysis of the comments 2018–1904–01). for filing a Notice of Appearance is received, Commerce has made no March 5, 2018); and changes to the subsidy rate determined SUMMARY: Requests for Panel Review (c) The panel review shall be limited for respondents. The final subsidy rates were filed with the United States to the allegations of error of fact or law, are listed in the ‘‘Final Results of Section of the NAFTA Secretariat on including challenges to the jurisdiction Administrative Review’’ section below. behalf of Bombardier Inc. and C Series of the investigating authority, that are Commerce exercised its discretion to Aircraft Limited Partnership, the set out in the Complaints filed in the toll all deadlines affected by the closure Government of Canada, and the panel review and to the procedural and of the Federal Government from January Government of Que´bec on January 19, substantive defenses raised in the panel 20 through 22, 2018. If the new deadline 2018, as well as on behalf of the review. falls on a non-business day, in Government of the United Kingdom and Dated: February 2, 2018. accordance with Commerce’s practice, the European Commission on January Paul E. Morris, the deadline will become the next 24, 2018, pursuant to NAFTA Article U.S. Secretary, NAFTA Secretariat. business day. The revised deadline for 1904. Panel Review was requested of the [FR Doc. 2018–02474 Filed 2–7–18; 8:45 am] the final results of this review is now Department of Commerce’s final February 2, 2018.2 countervailing duty determination BILLING CODE 3510–GT–P regarding 100- to 150-Seat Large Civil Scope of the Order Aircraft from Canada. The final DEPARTMENT OF COMMERCE For the purposes of the order, the determination was published in the products covered are all gauges of raw, Federal Register on December 27, 2017 International Trade Administration pretreated, or primed polyethylene (82 FR 61,252). The NAFTA Secretariat terephthalate film, sheet and strip, has assigned case number USA–CDA– [C–533–825] whether extruded or coextruded. 2018–1904–01 to this request. Polyethylene Terephthalate Film, Excluded are metallized films and other FOR FURTHER INFORMATION CONTACT: Paul Sheet, and Strip From India: Final finished films that have had at least one E. Morris, United States Secretary, Results of Countervailing Duty of their surfaces modified by the NAFTA Secretariat, Room 2061, 1401 Administrative Review; 2015 application of a performance-enhancing Constitution Avenue NW, Washington, resinous or inorganic layer of more than DC 20230, (202) 482–5438. AGENCY: Enforcement and Compliance, 0.00001 inches thick. Imports of PET SUPPLEMENTARY INFORMATION: Chapter International Trade Administration, film are classifiable in the Harmonized 19 of Article 1904 of NAFTA provides Department of Commerce. Tariff Schedule of the United States a dispute settlement mechanism SUMMARY: The Department of Commerce involving trade remedy determinations (Commerce) determines that Jindal Poly 1 See Polyethylene Terephthalate Film, Sheet and Strip from India: Preliminary Results and Partial issued by the Government of the United Films Limited of India (Jindal) and SRF Limited (SRF), exporters of Rescission of Countervailing Duty Administrative States, the Government of Canada, and Review; 2015, 82 FR 36124 (August 3, 2016) the Government of Mexico. Following a polyethylene terephthalate film, sheet, (Preliminary Results 2015). Request for Panel Review, a Binational and strip (PET film) from India, received 2 See Memorandum for The Record from Panel is composed to review the trade countervailable subsidies during the Christian Marsh, Deputy Assistant Secretary for period of review (POR) January 1, 2015, Enforcement and Compliance, performing the non- remedy determination being challenged exclusive functions and duties of the Assistant and issue a binding Panel Decision. through December 31, 2015. Secretary for Enforcement and Compliance, There are established NAFTA Rules of DATES: Effective February 8, 2018. ‘‘Deadlines Affected by the Shutdown of the FOR FURTHER INFORMATION CONTACT: Federal Government’’ (Tolling Memorandum), Procedure for Article 1904 Binational Elfi dated January 23, 2018. All deadlines in this Panel Reviews, which were adopted by Blum, AD/CVD Operations, Office VII, segment of the proceeding have been extended by the three governments for panels Enforcement and Compliance, U.S. 3 days.

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(HTSUS) under item number underlying all of Commerce’s APO materials or conversion to judicial 3920.62.00.90. HTSUS subheadings are conclusions, see the Issues and Decision protective order is hereby requested. provided for convenience and customs Memorandum. Failure to comply with the regulations purposes. The written description of the Final Results of Administrative Review and terms of an APO is a violation scope of the order is dispositive. which is subject to sanction. In accordance with section 777A(e)(1) Analysis of Comments Received of the Act and 19 CFR 351.221(b)(5), we These final results are issued and The issues raised by the GOI, SRF, determine the total estimated net published in accordance with sections and Jindal in their case briefs and the countervailable subsidy rates for the 751(a)(1) and 777(i)(1) of the Act. petitioners’ issues raised in their period January 1, 2015, through Dated: February 2, 2018. rebuttal brief are addressed in the Issues December 31, 2015 to be: Gary Taverman, and Decision Memorandum.3 The issues Deputy Assistant Secretary for Antidumping are identified in the Appendix to this and Countervailing Duty Operations notice. The Issues and Decision performing the non-exclusive functions and Subsidy rate Memorandum is a public document and duties of the Assistant Secretary for is on file electronically via Enforcement Manufacturer/exporter (percent ad valorem) Enforcement and Compliance. and Compliance’s Antidumping and Countervailing Duty Centralized Jindal Poly Films of India Appendix I Electronic Service System (ACCESS). Limited ...... 5.26 ACCESS is available to registered users SRF Limited ...... 5.79 Issues and Decision Memorandum at http://access.trade.gov and in the I. Summary Central Records Unit, room B8024 of the Assessment and Cash Deposit II. Scope of the Order main Department of Commerce Requirements III. Period of Review building. In addition, a complete IV. Subsidies Valuation Information In accordance with 19 CFR version of the Issues and Decision A. Allocation Period 351.212(b)(2), Commerce intends to Memorandum can be accessed directly B. Attribution of Subsidies issue appropriate instructions to U.S. on the internet at http://trade.gov/ C. Benchmarks Interest Rates Customs and Border Protection (CBP) 15 enforcement/frn/index.html. The signed D. Denominator days after publication of the final results Issues and Decision Memorandum and V. Analysis of Programs of this review. Commerce will instruct electronic versions of the Issues and A. Programs Determined To Be CBP to liquidate shipments of subject Decision Memorandum are identical in Countervailable merchandise produced and/or exported content. B. Programs Determined To Be Not Used by the companies listed above, entered C. Programs Determined To Be Terminated Changes Since the Preliminary Results or withdrawn from warehouse, for VI. Final Results of Review Based on the comments received from consumption from January 1, 2015, VII. Analysis of Comments the GOI, Jindal, and SRF, and the through December 31, 2015, at the Comment 1: Whether Commerce may rebuttal comments received from the percent rates, as listed above for each of disregard loans from certain banks with petitioners, we made no changes to our the respective companies, of the entered government ownership in its benchmark rate calculations. For a discussion of value. calculations. these issues, see the Issues and Decision Commerce intends also to instruct Comment 2: Whether the Export Promotion Memorandum. CBP to collect cash deposits of Capital Goods Scheme (EPCGS) is a estimated countervailing duties, in the countervailable export subsidy, pursuant Methodology amounts shown above for each of the to the SCM Agreement. Commerce conducted this review in respective companies shown above, on Comment 3: Whether the exemption from accordance with section 751(a)(1)(A) of shipments of subject merchandise duties and taxes in a Special Economic the Tariff Act of 1930, as amended (the entered, or withdrawn from warehouse, Zone (SEZ) constitutes a financial Act). For each of the subsidy programs for consumption on or after the date of contribution. found countervailable, we find that publication of the final results of this Comment 4: Whether the benefits SRF there is a subsidy, i.e., a government- review. For all non-reviewed firms, we received under the SEZ program are tied provided financial contribution that will instruct CBP to continue to collect to the export sales of polyester film from gives rise to a benefit to the recipient, cash deposits at the most-recent the Packaging Film Business (PFB) and that the subsidy is specific.4 For a company-specific or all-others rate located in the SEZ. description of the methodology applicable to the company, as Comment 5: Whether the GOI has a appropriate. These cash deposit verification system in place for the 3 See Memorandum from James Maeder, Senior requirements, when imposed, shall Advance Authorization Scheme (AAS) Director, performing the duties of Deputy Assistant remain in effect until further notice. that is effective and reasonable. Secretary for Antidumping and Countervailing Duty Comment 6: Whether Commerce needs to Administrative Protective Order Operations, to Gary Taverman, Deputy Assistant adjust the dates in the preliminary draft secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions This notice also serves as a final cash deposit instructions for the final and duties of the Assistant Secretary for reminder to parties subject to an results. Enforcement and Compliance: ‘‘Issues and Decision administrative protective order (APO) of [FR Doc. 2018–02517 Filed 2–7–18; 8:45 am] Memorandum for the Final Results in the their responsibility concerning the Countervailing Duty Administrative Review of BILLING CODE 3510–DS–P Polyethylene Terephthalate Film, Sheet and Strip return or destruction of proprietary from India,’’ dated concurrently with this information disclosed under APO in determination and hereby adopted by this notice accordance with 19 CFR 351.305(a)(3), (Issues and Decision Memorandum). which continues to govern business 4 See sections 771(5)(B) and (D) of the Act proprietary information in this segment regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of of proceeding. Timely written the Act regarding specificity. notification of the return/destruction of

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DEPARTMENT OF COMMERCE Specification DEPARTMENT OF COMMERCE B. Other Council Issues National Oceanic and Atmospheric 4. CNMI Mariana Archipelago FEP National Oceanic and Atmospheric Administration Community Activities Administration RIN 0648–XF997 5. CNMI Mariana Archipelago FEP AP RIN 0648–XF968 Issues Western Pacific Fishery Management A. Report of the Subpanels Marine Mammals; File No. 21371 Council; Public Meetings i. Island Fisheries Subpanel AGENCY: National Marine Fisheries ii. Pelagic Fisheries Subpanel AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Service (NMFS), National Oceanic and iii. Ecosystems and Habitat Subpanel Atmospheric Administration (NOAA), Atmospheric Administration (NOAA), iv. Indigenous Fishing Rights Commerce. Commerce. Subpanel ACTION: Notice; receipt of application. B. Other Issues ACTION: Notice of public meetings. 6. Public Comment SUMMARY: Notice is hereby given that SUMMARY: The Western Pacific Fishery 7. Discussion and Recommendations the National Marine Fisheries Service’s Management Council (Council) will 8. Other Business Northeast Fisheries Science Center hold a meeting of its Mariana (NEFSC), 166 Water Street, Woods Hole, Schedule and Agenda for the Guam Archipelago Ecosystem Plan (FEP) Massachusetts 02543 (Responsible Mariana Archipelago FEP AP Meeting Advisory Panels (AP) to discuss and Party: Jon Hare) has applied in due form make recommendations on fishery Friday, February 23, 2018, 6 p.m.–7:30 for a permit to conduct research on management issues in the Western p.m. marine mammals. Pacific Region. DATES: Written, telefaxed, or email 1. Welcome and Introductions DATES: The CNMI Mariana Archipelago comments must be received on or before 2. Report on Previous Council Action March 12, 2018. FEP AP will meet on Thursday, Items ADDRESSES: The application and related February 22, 2018, between 6 p.m. and 3. Council Issues documents are available for review by 8 p.m. The Guam Mariana Archipelago A. Action Items FEP AP will meet on Friday, February selecting ‘‘Records Open for Public i. Precious Corals Essential Fish 23, 2018, between 6 p.m. and 7:30 p.m. Comment’’ from the ‘‘Features’’ box on Habitat Refinement Options All times listed are local island times. the Applications and Permits for For specific times and agendas, see ii. Options for an Aquaculture Protected Species (APPS) home page, Management Program SUPPLEMENTARY INFORMATION. https://apps.nmfs.noaa.gov, and then iii. U.S. Territory Longline Bigeye ADDRESSES: selecting File No. 21371 from the list of Specification Meeting address: The CNMI Mariana available applications. B. Other Council Issues Archipelago FEP AP will meet at the These documents are also available 4. Guam Mariana Archipelago FEP Micronesian Environmental Services upon written request or by appointment Community Activities Conference Room, Garapan, Saipan, in the Permits and Conservation CNMI 96950. The Guam Mariana 5. Guam Mariana Archipelago FEP AP Division, Office of Protected Resources, Archipelago FEP AP will meet at the Issues NMFS, 1315 East-West Highway, Room Guam Fishermen’s Cooperative A. Report of the Subpanels 13705, Silver Spring, MD 20910; phone Association Lanai, Hagatna, Guam i. Island Fisheries Subpanel (301) 427–8401; fax (301) 713–0376. 96913. ii. Pelagic Fisheries Subpanel Written comments on this application iii. Ecosystems and Habitat Subpanel should be submitted to the Chief, FOR FURTHER INFORMATION CONTACT: iv. Indigenous Fishing Rights Permits and Conservation Division, at Kitty M. Simonds, Executive Director, Subpanel the address listed above. Comments may Western Pacific Fishery Management also be submitted by facsimile to (301) Council; telephone: (808) 522–8220. B. Other Issues 6. Public Comment 713–0376, or by email to SUPPLEMENTARY INFORMATION: Public 7. Discussion and Recommendations [email protected]. Please comment periods will be provided in include the File No. in the subject line 8. ‘‘At the End of the Day’’—Other the agenda. The order in which agenda of the email comment. Business items are addressed may change. The Those individuals requesting a public meetings will run as late as necessary to Special Accommodations hearing should submit a written request complete scheduled business. to the Chief, Permits and Conservation These meetings are physically Division at the address listed above. The Schedule and Agenda for the CNMI accessible to people with disabilities. request should set forth the specific Mariana Archipelago FEP AP Meeting Requests for sign language reasons why a hearing on this interpretation or other auxiliary aids Thursday, February 22, 2018, 6 p.m.–8 application would be appropriate. should be directed to Kitty M. Simonds, p.m. (808) 522–8220 (voice) or (808) 522– FOR FURTHER INFORMATION CONTACT: 1. Welcome and Introductions 8226 (fax), at least 5 days prior to the Shasta McClenahan or Carrie Hubard, 2. Report on Previous Council Action meeting date. (301) 427–8401. SUPPLEMENTARY INFORMATION: Items Authority: 16 U.S.C. 1801 et seq. The 3. Council Issues subject permit is requested under the A. Action Items Dated: February 5, 2018. authority of the Marine Mammal i. Precious Corals Essential Fish Tracey L. Thompson, Protection Act of 1972, as amended Habitat Refinement Options Acting Deputy Director, Office of Sustainable (MMPA; 16 U.S.C. 1361 et seq.), the ii. Options for an Aquaculture Fisheries, National Marine Fisheries Service. regulations governing the taking and Management Program [FR Doc. 2018–02509 Filed 2–7–18; 8:45 am] importing of marine mammals (50 CFR iii. U.S. Territory Longline Bigeye BILLING CODE 3510–22–P part 216), the Endangered Species Act of

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1973, as amended (ESA; 16 U.S.C. 1531 DEPARTMENT OF COMMERCE will be recorded. Consistent with 16 et seq.), and the regulations governing U.S.C. 1852, a copy of the recording is the taking, importing, and exporting of National Oceanic and Atmospheric available upon request. Requests for endangered and threatened species (50 Administration sign language interpretation or other CFR parts 222–226). RIN 0648–XF998 auxiliary aids should be directed to Thomas A. Nies, Executive Director, at The applicant is requesting a research New England Fishery Management (978) 465–0492, at least 5 days prior to permit for 38 species of cetaceans Council; Public Meeting the meeting date. including the following endangered species: Blue (Balaenoptera musculus), AGENCY: National Marine Fisheries Authority: 16 U.S.C. 1801 et seq. bowhead (Balaena mysticetus), fin (B. Service (NMFS), National Oceanic and Dated: February 2, 2018. physalus), North Atlantic right Atmospheric Administration (NOAA), Tracey L. Thompson, (Eubalaena glacialis), sei (B. borealis), Commerce. Acting Deputy Director, Office of Sustainable sperm (Physeter macrocephalus), and ACTION: Notice; public meeting. Fisheries, National Marine Fisheries Service. Western North Pacific gray (Eschrichtius [FR Doc. 2018–02497 Filed 2–7–18; 8:45 am] SUMMARY: The New England Fishery robustus) whales. The research area will BILLING CODE 3510–22–P Management Council (Council) is include U.S. waters in the Northwest scheduling a public meeting of its Skate Atlantic Ocean from Florida to Maine, Committee to consider actions affecting and Canadian waters in the Bay of New England fisheries in the exclusive DEPARTMENT OF ENERGY Fundy and Scotian Shelf. The objective economic zone (EEZ). of the research is to determine the Recommendations from this group will Federal Energy Regulatory abundance, distribution, movement be brought to the full Council for formal Commission patterns, dive behavior, demographic consideration and action, if appropriate. [Docket No. ER18–775–000] parameters, trends in recruitment, and DATES: This meeting will be held on stock structure of cetaceans in these Wednesday, February 21, 2018 at 10 All American Power and Gas, LLC; waters. Research methods during vessel a.m. Supplemental Notice That Initial and aerial (manned and unmanned) ADDRESSES: The meeting will be held at Market-Based Rate Filing Includes surveys will include counts, surveys, the Fairfield Inn & Suites, 185 Request for Blanket Section 204 behavioral observations, photo- MacArthur Drive, New Bedford, MA Authorization identification, video recording, 02740; telephone: (774) 634–2000. photogrammetry, passive acoustic Council address: New England This is a supplemental notice in the recording, biological sampling (skin and Fishery Management Council, 50 Water above-referenced proceeding of All blubber biopsy, feces, and exhaled air) Street, Mill 2, Newburyport, MA 01950. American Power and Gas, LLC’s application for market-based rate and tagging (suction-cup and dart/barb FOR FURTHER INFORMATION CONTACT: tags). Receipt, import, and export of Thomas A. Nies, Executive Director, authority, with an accompanying rate tariff, noting that such application marine mammal parts would also be New England Fishery Management includes a request for blanket authorized for research purposes. Four Council; telephone: (978) 465–0492. authorization, under 18 CFR part 34, of species of non-ESA listed pinnipeds and SUPPLEMENTARY INFORMATION: future issuances of securities and four species of sea turtles may be Agenda assumptions of liability. harassed incidental to cetacean The Committee will discuss the scope Any person desiring to intervene or to research. The permit would be valid for protest should file with the Federal a period of five years. of alternatives to be considered in Framework 6—this could include Energy Regulatory Commission, 888 In compliance with the National adjustments to the wing possession First Street NE, Washington, DC 20426, Environmental Policy Act of 1969 (42 limits; provide guidance to the Skate in accordance with Rules 211 and 214 U.S.C. 4321 et seq.), an initial Plan Development Team for appropriate of the Commission’s Rules of Practice determination has been made that the range of alternatives to be analyzed. and Procedure (18 CFR 385.211 and activity proposed is categorically They will receive an overview of the 385.214). Anyone filing a motion to excluded from the requirement to Council’s skate priorities for 2018, and intervene or protest must serve a copy prepare an environmental assessment or discuss other business, as necessary. of that document on the Applicant. environmental impact statement. Although non-emergency issues not Notice is hereby given that the deadline for filing protests with regard Concurrent with the publication of contained on this agenda may come before this Council for discussion, those to the applicant’s request for blanket this notice in the Federal Register, issues may not be the subject of formal authorization, under 18 CFR part 34, of NMFS is forwarding copies of the action during this meeting. Council future issuances of securities and application to the Marine Mammal action will be restricted to those issues assumptions of liability, is February 22, Commission and its Committee of specifically listed in this notice and any 2018. Scientific Advisors. issues arising after publication of this The Commission encourages Dated: February 5, 2018. notice that require emergency action electronic submission of protests and Julia Harrison, under section 305(c) of the Magnuson- interventions in lieu of paper, using the Stevens Act, provided the public has FERC Online links at http:// Chief, Permits and Conservation Division, www.ferc.gov. To facilitate electronic Office of Protected Resources, National been notified of the Council’s intent to Marine Fisheries Service. take final action to address the service, persons with internet access emergency. who will eFile a document and/or be [FR Doc. 2018–02508 Filed 2–7–18; 8:45 am] listed as a contact for an intervenor BILLING CODE 3510–22–P Special Accommodations must create and validate an This meeting is physically accessible eRegistration account using the to people with disabilities. This meeting eRegistration link. Select the eFiling

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link to log on and submit the Commission’s Notice of Proposed www.CapitolConnection.org or call (703) intervention or protests. Rulemaking on the generator 993–3100. Persons unable to file electronically interconnection process in Docket No. Commission conferences are should submit an original and 5 copies RM17–8–000. accessible under section 508 of the of the intervention or protest to the Discussions at the conference may Rehabilitation Act of 1973. For Federal Energy Regulatory Commission, involve issues raised in proceedings that accessibility accommodations, please 888 First Street NE, Washington, DC are currently pending before the send an email to [email protected] 20426. Commission. These proceedings or call toll free 1–866–208–3372 (voice) The filings in the above-referenced include, but are not limited to: or 202–208–8659 (TTY), or send a fax to proceeding are accessible in the Internal MISO Generators v. 202–208–2106 with the required Commission’s eLibrary system by Midcontinent Independent System accommodations. clicking on the appropriate link in the Operator, Inc., Docket No. EL15–99– For more information about this above list. They are also available for 000; technical conference, please contact electronic review in the Commission’s EDF Renewable Energy, Inc. v. Lina Naik at [email protected] or (202) Public Reference Room in Washington, Midcontinent Independent System 502–8882, Myra Sinnott at DC. There is an eSubscription link on Operator, Inc., Docket No. EL18–55– [email protected] or (202) 502– the website that enables subscribers to 000; Southwest Power Pool, Inc., 6033, or Kathleen Ratcliff at receive email notification when a Docket No. ER18–421–000; [email protected] or (202) 502– document is added to a subscribed Midcontinent Independent System 8018. For information related to docket(s). For assistance with any FERC Operator, Inc., Docket No. ER18–636– logistics, please contact Sarah McKinley Online service, please email 000; at [email protected] or (202) [email protected] or call Midcontinent Independent System 502–8368. (866) 208–3676 (toll free). For TTY, call Operator, Inc., Docket No. ER16– Dated: February 2, 2018. (202) 502–8659. 1346–003; Kimberly D. Bose, Dated: February 2, 2018. Midcontinent Independent System Secretary. Operator, Inc., Docket No. ER16– Kimberly D. Bose, [FR Doc. 2018–02530 Filed 2–7–18; 8:45 am] Secretary. 1817–004; Midcontinent Independent System BILLING CODE 6717–01–P [FR Doc. 2018–02528 Filed 2–7–18; 8:45 am] Operator, Inc., Docket No. EL18–17– BILLING CODE 6717–01–P 000; DEPARTMENT OF ENERGY Midcontinent Independent System Operator, Inc., Docket No. ER17–156– DEPARTMENT OF ENERGY Federal Energy Regulatory 002; and Commission Federal Energy Regulatory TranSource, LLC v. PJM Commission Interconnection, L.L.C., Docket No. [Docket No. IC18–4–000] EL15–79–001. [Docket No. AD18–8–000; Docket No. EL18– Additional information regarding the Commission Information Collection 26–000] conference program and speakers will Activities; (FERC–582); Comment Reform of Affected System be provided in subsequent Request; Extension Coordination in the Generator supplemental notices of technical conference. AGENCY: Federal Energy Regulatory Interconnection Process; EDF Commission, DOE. Renewable Energy, Inc. v. Those wishing to participate in this ACTION: Notice of information collection Midcontinent Independent System conference should submit a nomination and request for comments. Operator, Inc., Southwest Power Pool, form online by 5:00 p.m. on March 2, 2018 at: http://www.ferc.gov/whats-new/ Inc., and PJM Interconnection, L.L.C.; SUMMARY: In compliance with the Notice of Technical Conference registration/04-03-18-speaker-form.asp. There is no fee for attendance. In-person Paperwork Reduction Act of 1995, the Take notice that the Federal Energy attendees should allow time to pass Federal Energy Regulatory Commission Regulatory Commission (Commission) through building security procedures (Commission or FERC) is soliciting will convene a staff-led technical before the 9:30 a.m. start time of the public comment on the currently conference in the above-referenced technical conference. Pre-registration is approved information collection, FERC– proceeding on Tuesday and Wednesday, encouraged, though not required. 582 (Electric Fees, Annual Charges, April 3–4, 2018 from 9:30 a.m. to 4:30 Attendees may register in advance at the Waivers, and Exemptions) which will be p.m. (EDT). The conference will be held following web page: http:// submitted to the Office of Management in the Commission Meeting Room at www.ferc.gov/whats-new/registration/ and Budget (OMB) for a review of the Commission headquarters, 888 First 04-03-18-form.asp information collection requirements. Street NE, Washington, DC 20426. The conference will be transcribed DATES: Comments on the collection of Commissioners may attend and and webcast. Transcripts will be information are due April 9, 2018. participate. available immediately for a fee from Ace ADDRESSES: You may submit comments The purpose of this conference is to Reporting (202–347–3700). A link to the (identified by Docket No. 18–4–000) by discuss issues related to the webcast of this event will be available either of the following methods: coordination of Affected Systems raised in the Commission Calendar of Events at • eFiling at Commission’s website: in (1) the complaint filed by EDF www.ferc.gov. The Capitol Connection http://www.ferc.gov/docs-filing/ Renewable Energy, Inc. against provides technical support for the efiling.asp Midcontinent Independent System webcasts and offers the option of • Mail/Hand Delivery/Courier: Operator, Inc., Southwest Power Pool, listening to the conferences via phone- Federal Energy Regulatory Commission, Inc., and PJM Interconnection, L.L.C. in bridge for a fee. For additional Secretary of the Commission, 888 First Docket No. EL18–26–000 and (2) the information, visit Street NE, Washington, DC 20426.

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Instructions: All submissions must be of Federal Regulations (CFR) Part 381 1 subtracts all electric regulatory program formatted and filed in accordance with and Part 382.2 filing fee collections to determine the submission guidelines at: http:// The Commission uses the FERC–582 total collectible electric regulatory www.ferc.gov/help/submission- to implement the statutory provisions of program costs. Then, the Commission guide.asp. For user assistance contact the Independent Offices Appropriation uses the data submitted under FERC– FERC Online Support by email at Act of 1952 (IOAA) 3 which authorizes 582 to determine the total megawatt- [email protected], or by phone the Commission to establish fees for its hours of transmission of electric energy at: (866) 208–3676 (toll-free), or (202) services. In addition, the Omnibus in interstate commerce. 502–8659 for TTY. Budget Reconciliation Act of 1986 Docket: Users interested in receiving (OBRA) 4 authorizes the Commission to Respondents (e.g. public utilities, automatic notification of activity in this assess and collect fees and annual power marketers) subject to these docket or in viewing/downloading charges in any fiscal year in amounts annual charges must submit FERC–582 comments and issuances in this docket equal to all the costs incurred by the data to the Commission by April 30 of may do so at http://www.ferc.gov/docs- Commission in that fiscal year. each year.6 The Commission issues bills filing/docs-filing.asp. To comply with the FERC–582 for annual charges to respondents. FOR FURTHER INFORMATION CONTACT: respondents submit to the Commission Then, respondents must pay the charges Ellen Brown may be reached by email the sum of the megawatt-hours (MWh) within 45 days of the Commission’s at [email protected], telephone of all unbundled transmission issuance of the bill. at (202) 502–8663, and fax at (202) 273– (including MWh delivered in wheeling Respondents file requests for waivers 0873. transactions and MWh delivered in and exemptions of fees and charges 7 exchange transactions) and the SUPPLEMENTARY INFORMATION: based on need. The Commission’s staff megawatt-hours of all bundled Title: Electric Fees, Annual Charges, uses the filer’s financial information to wholesale power sales (to the extent the Waivers, and Exemptions. evaluate the request for a waiver or bundled wholesale power sales were not OMB Control No.: 1902–0132 exemption of the obligation to pay a fee Type of Request: Three-year extension separately reported as unbundled or an annual charge. of the FERC–582 information collection transmission). The data collected within requirements with no changes to the the FERC–582 is drawn directly from Estimate of Annual Burden: 8 The current reporting requirements. the FERC Form 1 5 transmission data. Commission estimates the total Public Abstract: The information required by The Commission sums the costs of its Reporting Burden for this information FERC–582 is contained within 18 Code electric regulatory program and collection as:

FERC–82—ELECTRIC FEES; ANNUAL CHARGES; WAIVERS; AND EXEMPTIONS

Annual Number of number of Total Average burden cost Total annual burden Cost per respondents responses per number of per hours & total annual respondent respondent responses response

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

FERC–582 9 ...... 67 1 67 1 hour; $76.50 ...... 67 hours; $5,125.50 .. $76.50

The total estimated annual cost who are to respond, including the use DEPARTMENT OF ENERGY burden to respondents is $5,125.50 [67 of automated collection techniques or hours * $76.50/hour 10 = $5,125.50] other forms of information technology. Federal Energy Regulatory Commission Comments: Comments are invited on: Dated: February 2, 2018. (1) Whether the collection of Kimberly D. Bose, Combined Notice of Filings #1 information is necessary for the proper Secretary. performance of the functions of the Take notice that the Commission [FR Doc. 2018–02533 Filed 2–7–18; 8:45 am] Commission, including whether the received the following electric corporate information will have practical utility; BILLING CODE 6717–01–P filings: (2) the accuracy of the agency’s estimate Docket Numbers: EC18–51–000. of the burden and cost of the collection Applicants: MDU Resources Group, of information, including the validity of Inc. the methodology and assumptions used; Description: Application for (3) ways to enhance the quality, utility Authorization Under Section 203 of the and clarity of the information collection; Federal Power Act of MDU Resources and (4) ways to minimize the burden of Group, Inc. the collection of information on those Filed Date: 1/31/18.

1 Title 18 CFR, Sections 381.105, 381.106, 7 18 CFR 381 and 382. 381.108 (exemption), Part 381.302 (declaratory 381.108, 381.302, and 381.305. 8 Burden is defined as the total time, effort, or order), Part 381.303 (review of DOE remedial order), 2 Title 18 CFR, Sections 382.102, 382.103, financial resources expended by persons to Part 381.304 (DOE denial of adjustment, and Part 382.105, 382.106, and 382.201. generate, maintain, retain, or disclose or provide 381.305 (OGC interpretation). information to or for a Federal agency. For further 10 3 31 U.S.C. 9701. The Commission staff thinks that the average explanation of what is included in the information respondent for this collection is similarly situated 4 42 U.S.C. 7178. collection burden, refer to 5 Code of Federal to the Commission, in terms of salary plus benefits. 5 Annual Report of Major Electric Utility (OMB Regulations 1320.3. Based upon FERC’s 2017 annual average of Control No. 1902–0021). 9 Includes requirements of 18 CFR Part 381.105 $158,754 (for salary plus benefits), the average 6 18 CFR 382.201. (methods of payment), Part 381.106 (waiver), Part hourly cost is $76.50/hour.

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Accession Number: 20180131–5295. Comments Due: 5 p.m. ET 2/23/18. Filed Date: 2/2/18. Comments Due: 5 p.m. ET 2/21/18. Docket Numbers: ER18–783–000. Accession Number: 20180202–5085. Take notice that the Commission Applicants: MISO Transmission Comments Due: 5 p.m. ET 2/23/18. received the following exempt Owners. Docket Numbers: ER18–789–000. wholesale generator filings: Description: Expedited Petition of the Applicants: PJM Interconnection, Docket Numbers: EG18–40–000. certain MISO Transmission Owners for L.L.C. Applicants: Upstream Wind Energy Waiver of Tariff Provisions and Description: Tariff Cancellation: LLC. Shortened Answer Date. Notice of Cancellation of WMPA No. Description: Notice of Self- Filed Date: 2/1/18. 4822; Queue AC1–019 to be effective 3/ Certification of Exempt Wholesale Accession Number: 20180201–5136. 23/2018. Comments Due: 5 p.m. ET 2/22/18. Generator Status of Upstream Wind Filed Date: 2/2/18. Energy LLC. Docket Numbers: ER18–784–000. Accession Number: 20180202–5086. Filed Date: 2/2/18. Applicants: Upstream Wind Energy Comments Due: 5 p.m. ET 2/23/18. Accession Number: 20180202–5044. LLC. Docket Numbers: ER18–790–000. Comments Due: 5 p.m. ET 2/23/18. Description: Baseline eTariff Filing: Application for Market-Based Rate Applicants: Pacific Gas and Electric Docket Numbers: EG18–41–000. Company. Applicants: New Mexico Wind, LLC. Authorization to be effective 4/4/2018. Filed Date: 2/2/18. Description: § 205(d) Rate Filing: 2–2– Description: Notice of Self- 18 Unexecuted Agreement, City and Certification of Exempt Wholesale Accession Number: 20180202–5022. Comments Due: 5 p.m. ET 2/23/18. County of San Francisco WDT (SA 27 to Generator Status of New Mexico Wind, be effective 2/3/2018. LLC. Docket Numbers: ER18–784–001. Applicants: Upstream Wind Energy Filed Date: 2/2/18. Filed Date: 2/2/18. Accession Number: 20180202–5120. Accession Number: 20180202–5054. LLC. Comments Due: 5 p.m. ET 2/23/18. Comments Due: 5 p.m. ET 2/23/18. Description: Tariff Amendment: Supplement to Application for Market- Docket Numbers: ER18–791–000. Take notice that the Commission Based Rate Authorization to be effective received the following electric rate Applicants: Massachusetts Electric 4/4/2018. filings: Company. Filed Date: 2/2/18. Description: Tariff Cancellation: Docket Numbers: ER18–752–001. Accession Number: 20180202–5060. Notice of Cancellation of Service Agmt Applicants: Duke Energy Carolinas, Comments Due: 5 p.m. ET 2/23/18. IA–MECO–31–01 & Notice Waiver LLC. Docket Numbers: ER18–785–000. Request to be effective 12/21/2016. Description: Tariff Amendment: Applicants: Public Service Company Filed Date: 2/2/18. Amendments to CEPCI NITSA (SA No. of New Hampshire. Accession Number: 20180202–5123. 447) and Meter Agreement (SA No. 448) Description: § 205(d) Rate Filing: Comments Due: 5 p.m. ET 2/23/18. to be effective 1/1/2018. Large Interconnection Agreement with Take notice that the Commission Filed Date: 2/2/18. GSP Newington Station to be effective Accession Number: 20180202–5021. received the following public utility 1/10/2018. holding company filings: Comments Due: 5 p.m. ET 2/23/18. Filed Date: 2/2/18. Docket Numbers: ER18–780–000. Accession Number: 20180202–5070. Docket Numbers: PH18–5–000. Applicants: Southern California Comments Due: 5 p.m. ET 2/23/18. Applicants: Cross & Company, PLLC. Edison Company. Docket Numbers: ER18–786–000. Description: GEP Bison Holdings, Inc. Description: § 205(d) Rate Filing: Applicants: Public Service Company submits FERC 65–A Exemption Notices of Cancellation of GIAs & of New Hampshire. Notification. Service Agreements SunEdison LLC to Description: § 205(d) Rate Filing: Filed Date: 2/1/18. be effective 4/4/2018. Large Interconnection Agreement with Accession Number: 20180201–5154. Filed Date: 2/2/18. GSP White Lake to be effective 1/10/ Comments Due: 5 p.m. ET 2/22/18. Accession Number: 20180202–5001. 2018. The filings are accessible in the Comments Due: 5 p.m. ET 2/23/18. Filed Date: 2/2/18. Commission’s eLibrary system by Docket Numbers: ER18–781–000. Accession Number: 20180202–5072. clicking on the links or querying the Applicants: Southern California Comments Due: 5 p.m. ET 2/23/18. docket number. Edison Company. Docket Numbers: ER18–787–000. Any person desiring to intervene or Description: § 205(d) Rate Filing: Applicants: Public Service Company protest in any of the above proceedings Amended LGIA RE Gaskell West, RE of New Hampshire. must file in accordance with Rules 211 Gaskell West 1, RE Gaskell West 2, SA Description: § 205(d) Rate Filing: and 214 of the Commission’s No. 184 to be effective 2/3/2018. Small Interconnection Agreement with Regulations (18 CFR 385.211 and Filed Date: 2/2/18. GSP Lost Nation to be effective 1/10/ 385.214) on or before 5:00 p.m. Eastern Accession Number: 20180202–5002. 2018. time on the specified comment date. Comments Due: 5 p.m. ET 2/23/18. Filed Date: 2/2/18. Protests may be considered, but Docket Numbers: ER18–782–000. Accession Number: 20180202–5074. intervention is necessary to become a Applicants: American Transmission Comments Due: 5 p.m. ET 2/23/18. party to the proceeding. Systems, Incorporated, PJM Docket Numbers: ER18–788–000. eFiling is encouraged. More detailed Interconnection, L.L.C. Applicants: Midcontinent information relating to filing Description: § 205(d) Rate Filing: Independent System Operator, Inc., requirements, interventions, protests, ATSI submits Revised Interconnection Consumers Energy Company. service, and qualifying facilities filings Agreement No. 3994 to be effective 4/4/ Description: § 205(d) Rate Filing: can be found at: http://www.ferc.gov/ 2018. 2018–02–02 Consumers Attachment O docs-filing/efiling/filing-req.pdf. For Filed Date: 2/2/18. Filing re Settlement in ER16–1188; other information, call (866) 208–3676 Accession Number: 20180202–5020. ER17–1655 to be effective 3/31/2018. (toll free). For TTY, call (202) 502–8659.

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Dated: February 2, 2018. the acquisition of an easement to metering, and pipeline facilities on its Kimberly D. Bose, construct, operate, and maintain the existing Line No. 2177 in Pima County, Secretary. proposed facilities. The company would Arizona. Sierrita is also requesting [FR Doc. 2018–02531 Filed 2–7–18; 8:45 am] seek to negotiate a mutually acceptable approval to amend its existing Natural BILLING CODE 6717–01–P agreement. However, if the Commission Gas Act Section 3 authorization and approves the project, that approval Presidential Permit for the project’s conveys with it the right of eminent increased capacity. Specifically, the DEPARTMENT OF ENERGY domain. Therefore, if easement project would increase Sierrita’s negotiations fail to produce an authorized capacity of its existing Federal Energy Regulatory agreement, the pipeline company could international border crossing near Commission initiate condemnation proceedings Sasabe, Arizona from approximately [Docket Nos. CP18–37–000; CP18–38–000] where compensation would be 200,846 Dekatherms per day to 631,389 determined in accordance with state Dekatherms per day (627,000,000 cubic Notice of Intent To Prepare an law. feet per day). Environmental Assessment for the Sierrita provided landowners with a The Sierrita Compressor Expansion Proposed Sierrita Gas Pipeline LLC fact sheet prepared by the FERC entitled Project would consist of the following Sierrita Compressor Expansion Project ‘‘An Interstate Natural Gas Facility On facilities, all in Pima County: and Request for Comments on My Land? What Do I Need To Know?’’ • One new 15,900 horsepower Environmental Issues This fact sheet addresses a number of compressor station (Sierrita Compressor typically asked questions, including the Station); The staff of the Federal Energy use of eminent domain and how to • suction and discharge piping and Regulatory Commission (FERC or participate in the Commission’s various station yard auxiliary facilities Commission) will prepare an proceedings. It is also available for to connect the Sierrita Compressor environmental assessment (EA) that will viewing on the FERC website Station with Line No. 2177; discuss the environmental impacts of (www.ferc.gov). • one new 10-inch Ultrasonic meter the Sierrita Compressor Expansion at the existing San Joaquin Meter Project involving construction and Public Participation Station on Line No. 2177; and operation of facilities by Sierrita Gas For your convenience, there are three • the relocation of the existing Pipeline LLC (Sierrita) in Pima County, methods you can use to submit your ‘‘Mainline Valve 2’’ and an associated Arizona. The Commission will use this comments to the Commission. The inspection tool launcher and receiver EA in its decision-making process to Commission encourages electronic filing from milepost 1.2 to milepost 6.5 on determine whether the project is in the of comments and has expert staff Line No. 2177. public convenience and necessity. available to assist you at (202) 502–8258 The general location of the project This notice announces the opening of or [email protected]. Please facilities is shown in appendix 1.1 the scoping process the Commission carefully follow these instructions so Land Requirements for Construction will use to gather input from the public that your comments are properly and interested agencies on the project. recorded. Construction of the proposed facilities You can make a difference by providing (1) You can file your comments would disturb about 18.7 acres of land us with your specific comments or electronically using the eComment for the aboveground and auxiliary concerns about the project. Your feature on the Commission’s website facilities. Following construction, comments should focus on the potential (www.ferc.gov) under the link to Sierrita would maintain about 15.7 acres environmental effects, reasonable Documents and Filings. This is an easy for permanent operation of the alternatives, and measures to avoid or method for submitting brief, text-only compressor station including station lessen environmental impacts. Your comments on a project; piping and auxiliary facilities, and input will help the Commission staff (2) You can file your comments about 1.1 acres for operation of the determine what issues they need to electronically by using the eFiling mainline valve. The remaining acreage evaluate in the EA. To ensure that your feature on the Commission’s website would be restored and revert to former comments are timely and properly (www.ferc.gov) under the link to uses. recorded, please send your comments so Documents and Filings. With eFiling, The EA Process that the Commission receives them in you can provide comments in a variety Washington, DC on or before March 5, of formats by attaching them as a file The National Environmental Policy 2018. with your submission. New eFiling Act (NEPA) requires the Commission to If you sent comments on this project users must first create an account by take into account the environmental to the Commission before the opening of clicking on eRegister. If you are filing a impacts that could result from an action this docket on December 21, 2017, you comment on a particular project, please whenever it considers the issuance of a will need to file those comments in select ‘‘Comment on a Filing’’ as the Certificate of Public Convenience and 2 Docket No. CP18–37–000 to ensure they filing type; or Necessity. NEPA also requires us to are considered as part of this (3) You can file a paper copy of your discover and address concerns the proceeding. comments by mailing them to the public may have about proposals. This This notice is being sent to the following address. Be sure to reference Commission’s current environmental the project docket number (CP18–37– 1 The appendices referenced in this notice will mailing list for this project. State and not appear in the Federal Register. Copies of 000) with your submission: Kimberly D. appendices were sent to all those receiving this local government representatives should Bose, Secretary, Federal Energy notice in the mail and are available at www.ferc.gov notify their constituents of this Regulatory Commission, 888 First Street using the link called eLibrary or from the proposed project and encourage them to NE, Room 1A, Washington, DC 20426. Commission’s Public Reference Room, 888 First comment on their areas of concern. Street NE, Washington, DC 20426, or call (202) 502– Summary of the Proposed Project 8371. For instructions on connecting to eLibrary, If you are a landowner receiving this refer to the last page of this notice. notice, a pipeline company Sierrita proposes to construct and 2 We, us, and our refer to the environmental staff representative may contact you about operate new natural gas compression, of the Commission’s Office of Energy Projects.

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process is referred to as scoping. The Preservation Act, we are using this proceeding. Intervenors play a more main goal of the scoping process is to notice to initiate consultation with the formal role in the process and are able focus the analysis in the EA on the applicable State Historic Preservation to file briefs, appear at hearings, and be important environmental issues. By this Office (SHPO), and to solicit their views heard by the courts if they choose to notice, the Commission requests public and those of other government agencies, appeal the Commission’s final ruling. comments on the scope of the issues to interested Indian tribes, and the public An intervenor formally participates in address in the EA. We will consider all on the project’s potential effects on the proceeding by filing a request to 4 filed comments during the preparation historic properties. We will define the intervene. Instructions for becoming an of the EA. project-specific Area of Potential Effects intervenor are in the Document-less In the EA we will discuss impacts that (APE) in consultation with the SHPO as Intervention Guide under the e-filing the project develops. On natural gas could occur as a result of the link on the Commission’s website. facility projects, the APE at a minimum construction and operation of the Motions to intervene are more fully proposed project under these general encompasses all areas subject to ground described at http://www.ferc.gov/ headings: disturbance (examples include resources/guides/how-to/intervene.asp. • Geology and soils; construction right-of-way, contractor/ • land use; pipe storage yards, compressor stations, Additional Information • water resources (including and access roads). Our EA for this floodplains), fisheries, and wetlands; project will document our findings on Additional information about the • cultural resources; the impacts on historic properties and project is available from the • vegetation and wildlife; summarize the status of consultations Commission’s Office of External Affairs, • air quality and noise; under Section 106. at (866) 208–FERC, or on the FERC • endangered and threatened species; Environmental Mailing List website at www.ferc.gov using the • socioeconomics; ‘‘eLibrary’’ link. Click on the eLibrary • public safety; and The environmental mailing list link, click on ‘‘General Search’’ and • cumulative impacts includes federal, state, and local enter the docket number, excluding the We will also evaluate reasonable government representatives and last three digits in the Docket Number agencies; elected officials; alternatives to the proposed project or field (i.e., CP18–37). Be sure you have environmental and public interest portions of the project, and make selected an appropriate date range. For groups; Native American Tribes; other recommendations on how to lessen or assistance, please contact FERC Online avoid impacts on the various resource interested parties; and local libraries and newspapers. This list also includes Support at [email protected] areas. or toll free at (866) 208–3676, or for The EA will present our independent all affected landowners (as defined in the Commission’s regulations) who are TTY, contact (202) 502–8659. The analysis of the issues. The EA will be eLibrary link also provides access to the available in the public record through potential right-of-way grantors, whose texts of formal documents issued by the eLibrary. Depending on the comments property may be used temporarily for Commission, such as orders, notices, received during the scoping process, we project purposes, or who own homes may also publish and distribute the EA within certain distances of aboveground and rulemakings. to the public for an allotted comment facilities, and anyone who submits In addition, the Commission offers a period. We will consider all comments comments on the project. We will free service called eSubscription which on the EA before making our update the environmental mailing list as allows you to keep track of all formal recommendations to the Commission. the analysis proceeds to ensure that we issuances and submittals in specific To ensure we have the opportunity to send the information related to this dockets. This can reduce the amount of consider and address your comments, environmental review to all individuals, time you spend researching proceedings please carefully follow the instructions organizations, and government entities by automatically providing you with in the Public Participation section, interested in and/or potentially affected notification of these filings, document by the proposed project. beginning on page 2. summaries, and direct links to the With this notice, we are asking If we publish and distribute the EA, copies of the EA will be sent to the documents. Go to www.ferc.gov/docs- agencies with jurisdiction by law and/ filing/esubscription.asp. or special expertise with respect to the environmental mailing list for public environmental issues of this project to review and comment. If you would Finally, public sessions or site visits formally cooperate with us in the prefer to receive a paper copy of the will be posted on the Commission’s preparation of the EA.3 Agencies that document instead of the CD version or calendar located at www.ferc.gov/ would like to request cooperating would like to remove your name from EventCalendar/EventsList.aspx along agency status should follow the the mailing list, please return the with other related information. attached Information Request (appendix instructions for filing comments Dated: February 2, 2018. 2). provided under the Public Participation Kimberly D. Bose, section of this notice. Becoming an Intervenor Secretary. Consultations Under Section 106 of the In addition to involvement in the EA [FR Doc. 2018–02527 Filed 2–7–18; 8:45 am] National Historic Preservation Act scoping process, you may want to BILLING CODE 6717–01–P become an intervenor which is an In accordance with the Advisory official party to the Commission’s Council on Historic Preservation’s implementing regulations for Section 4 The Advisory Council on Historic Preservation’s 106 of the National Historic regulations are at Title 36, Code of Federal Regulations, Part 800. Those regulations define 3 The Council on Environmental Quality historic properties as any prehistoric or historic regulations addressing cooperating agency district, site, building, structure, or object included responsibilities are at Title 40, Code of Federal in or eligible for inclusion in the National Register Regulations, Part 1501.6. of Historic Places.

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DEPARTMENT OF ENERGY should submit an original and 5 copies docs-filing/efiling.asp. Commenters can of the protest or intervention to the submit brief comments up to 6,000 Federal Energy Regulatory Federal Energy Regulatory Commission, characters, without prior registration, Commission 888 First Street NE, Washington, DC using the eComment system at http:// [Docket No. OR18–12–000] 20426. www.ferc.gov/docs-filing/ This filing is accessible on-line at ecomment.asp. You must include your BP Products North America, Inc., http://www.ferc.gov, using the eLibrary name and contact information at the end Trafigura Trading LLC, TCPU Inc. v. link and is available for review in the of your comments. For assistance, Colonial Pipeline Company; Notice of Commission’s Public Reference Room in please contact FERC Online Support at Complaint Washington, DC. There is an [email protected], (866) eSubscription link on the website that 208–3676 (toll free), or (202) 502–8659 Take notice that on February 2, 2018, enables subscribers to receive email (TTY). In lieu of electronic filing, please pursuant to sections 1(5), 6, 8, 9, 13, 15 notification when a document is added send a paper copy to: Secretary, Federal 1 and 16 of the Interstate Commerce Act, to a subscribed docket(s). For assistance Energy Regulatory Commission, 888 section 1803 of the Energy Policy Act of with any FERC Online service, please First Street NE, Washington, DC 20426. 2 1992, Rule 206 of the Federal Energy email [email protected], or The first page of any filing should Regulatory Commission’s (Commission) call (866) 208–3676 (toll free). For TTY, include docket number P–9100–040. 3 Rules of Practice and Procedure, and call (202) 502–8659. The Commission’s Rules of Practice Rules 343.1(a) and 343.2(c) of the Comment Date: 5:00 p.m. Eastern require all intervenors filing documents Commission’s Procedural Rules Time on March 5, 2018. with the Commission to serve a copy of Applicable to Oil Pipeline Proceedings,4 that document on each person on the BP Products North America, Inc., Dated: February 2, 2018. official service list for the project. Trafigura Trading LLC, and TCPU Inc. Kimberly D. Bose, Further, if an intervenor files comments (collectively, Joint Complainants) filed a Secretary. or documents with the Commission formal complaint against Colonial [FR Doc. 2018–02535 Filed 2–7–18; 8:45 am] relating to the merits of an issue that Pipeline Company (Respondent) seeking BILLING CODE 6717–01–P may affect the responsibilities of a to challenge the justness and particular resource agency, they must reasonableness of (1) Respondent’s cost- also serve a copy of the document on based transportation rates in Tariff DEPARTMENT OF ENERGY that resource agency. F.E.R.C. No. 99.36.0 and predecessor k. This application is not ready for tariffs; (2) Respondent’s market-based Federal Energy Regulatory environmental analysis at this time. rate authority and rates charged Commission l. The existing Riverdale Mills Project pursuant to that authority; and (3) [Project No. 9100–040] consists of: (1) A 142-foot-long, 14-foot- Respondent’s charges relating to high concrete and steel dam that product loss allocation and transmix, all James M. Knott; Notice Soliciting includes a spillway that contains five as more fully explained in the Scoping Comments stanchion bays with stop-logs, and one complaint. hydraulically-operated spillway gate; (2) February 2, 2018. Joint Complainants certify that copies a 22-acre impoundment with a normal of the complaint were served on the Take notice that the following maximum elevation of 262.35 feet above contacts for Respondent as listed on the hydroelectric license application has mean sea level; (3) two unused, gated Commission’s list of Corporate Officials. been filed with the Commission and is intake structures connected to two 10- Any person desiring to intervene or to available for public inspection. foot-wide sluiceways; (4) a gated intake protest this filing must file in a. Type of Application: Subsequent structure fitted with a trashrack with accordance with Rules 211 and 214 of Minor License. 1.75-inch bar spacing, and connected to the Commission’s Rules of Practice and b. Project No.: P–9100–040. a 14- to 18-foot-wide sluiceway; (5) a Procedure (18 CFR 385.211 and c. Date filed: April 27, 2017. 200-foot-long, 75-foot-wide powerhouse 385.214). Protests will be considered by d. Applicant: James M. Knott. room, located within the Riverdale Mills the Commission in determining the e. Name of Project: Riverdale Mills Corporation manufacturing facility, and appropriate action to be taken, but will Project. containing a 150-kilowatt turbine- not serve to make protestants parties to f. Location: On the Blackstone River generator unit; (6) a tailrace that the proceeding. Any person wishing to in Worcester County, Massachusetts. includes a 214-foot-long arched granite become a party must file a notice of There are no federal or tribal lands structure with a minimum width of 18 intervention or motion to intervene, as within the project boundary. feet, and an 1,800-foot-long, 37.5- to 75- appropriate. The Respondent’s answer g. Filed Pursuant to: Federal Power foot-wide excavated channel; (7) a 75- and all interventions, or protests must Act, 16 U.S.C. 791(a)–825(r). foot-long, 480-volt generator lead that be filed on or before the comment date. h. Applicant Contact: Mr. Kevin connects the turbine-generator unit to The Respondent’s answer, motions to Young, Young Energy Services, LLC, the Riverdale Mills Corporation intervene, and protests must be served 2112 Talmage Drive, Leland, NC 28451; manufacturing facility; and (8) on the Complainant. (617) 645–3658. appurtenant facilities. The Commission encourages i. FERC Contact: Dr. Nicholas Palso, The project is manually operated as a electronic submission of protests and (202) 502–8854 or nicholas.palso@ run-of-river facility with an annual interventions in lieu of paper using the ferc.gov. average energy production of eFiling link at http://www.ferc.gov. j. Deadline for filing scoping approximately 162,000 kilowatt-hours. Persons unable to file electronically comments: 30 days from the date of this The project bypasses approximately notice. 1,200 feet of the Blackstone River, and 1 49 U.S.C. App. 1(5), 6, 8, 9, 13, 15 and 16. The Commission strongly encourages there is currently no required minimum 2 Public Law 102–486, 106 Stat. 2772 (1992). electronic filing. Please file scoping instream flow for the bypassed reach. 3 18 CFR 385.206 (2012). comments using the Commission’s Mr. Knott proposes to continue 4 18 CFR 343.1(a) and 343.2(c). eFiling system at http://www.ferc.gov/ operating the project in a run-of-river

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mode, and release a minimum flow of DEPARTMENT OF ENERGY [email protected] or call 10 cubic feet per second into the (866) 208–3676 (toll free). For TTY, call bypassed reach, including leakage from Federal Energy Regulatory (202) 502–8659. Commission the stanchion stop-logs at the spillway. Dated: February 2, 2018. m. A copy of the application is [Docket No. ER18–777–000] Kimberly D. Bose, available for review at the Commission Secretary. Iridium Energy, LLC; Supplemental in the Public Reference Room or may be Notice That Initial Market-Based Rate [FR Doc. 2018–02529 Filed 2–7–18; 8:45 am] viewed on the Commission’s website at Filing Includes Request for Blanket BILLING CODE 6717–01–P http://www.ferc.gov using the eLibrary Section 204 Authorization link. Enter the docket number excluding the last three digits in the docket This is a supplemental notice in the DEPARTMENT OF ENERGY number field to access the document. above-referenced proceeding of Iridium For assistance, contact FERC Online Energy, LLC’s application for market- Federal Energy Regulatory Commission Support. A copy is available for based rate authority, with an inspection and reproduction at accompanying rate tariff, noting that such application includes a request for Notice of Commission Staff Riverdale Power’s office at 130 Attendance Riverdale Street, Northbridge, MA blanket authorization, under 18 CFR part 34, of future issuances of securities 01534. The Federal Energy Regulatory and assumptions of liability. n. You may also register online at Any person desiring to intervene or to Commission (Commission) hereby gives http://www.ferc.gov/docs-filing/ protest should file with the Federal notice that members of the esubscription.asp to be notified via Energy Regulatory Commission, 888 Commission’s staff may attend the email of new filings and issuances First Street NE, Washington, DC 20426, following meetings related to the related to this or other pending projects. in accordance with Rules 211 and 214 transmission planning activities of the For assistance, contact FERC Online of the Commission’s Rules of Practice New York Independent System Support. and Procedure (18 CFR 385.211 and Operator, Inc. (NYISO): o. Scoping Process. 385.214). Anyone filing a motion to NYISO Electric System Planning intervene or protest must serve a copy Working Group Meeting Commission staff intends to prepare a of that document on the Applicant. single Environmental Assessment (EA) Notice is hereby given that the February 7, 2018, 10:00 a.m.–4:00 p.m. for the Riverdale Mills Project in deadline for filing protests with regard (EST) accordance with the National to the applicant’s request for blanket The above-referenced meeting will be Environmental Policy Act. The EA will authorization, under 18 CFR part 34, of via web conference and teleconference. consider both site-specific and future issuances of securities and cumulative environmental impacts and assumptions of liability, is February 22, The above-referenced meeting is open reasonable alternatives to the proposed 2018. to stakeholders. action. The Commission encourages Further information may be found at: electronic submission of protests and Commission staff does not propose to http://www.nyiso.com/public/ interventions in lieu of paper, using the _ conduct any on-site scoping meetings at committees/documents.jsp?com=bic FERC Online links at http:// this time. Instead, we are soliciting espwg&directory=2018-02-07 www.ferc.gov. To facilitate electronic comments, recommendations, and service, persons with internet access NYISO Business Issues Committee information on Scoping Document 1 who will eFile a document and/or be Meeting (SD1), issued on February 2, 2018. listed as a contact for an intervenor February 14, 2018, 10:00 a.m.–4:00 p.m. Copies of SD1 outlining the subject must create and validate an (EST) areas to be addressed in the EA were eRegistration account using the distributed to the parties on the eRegistration link. Select the eFiling The above-referenced meeting will be Commission’s mailing list and the link to log on and submit the via web conference and teleconference. applicant’s distribution list. Copies of intervention or protests. The above-referenced meeting is open SD1 may be viewed on the web at Persons unable to file electronically to stakeholders. should submit an original and 5 copies http://www.ferc.gov using the eLibrary Further information may be found at: link. Enter the docket number excluding of the intervention or protest to the Federal Energy Regulatory Commission, http://www.nyiso.com/public/ the last three digits in the docket committees/documents.jsp?com=bic& number field to access the document. 888 First Street NE, Washington, DC 20426. directory=2018-02-14 For assistance, call 1–866–208–3676 or The filings in the above-referenced NYISO Operating Committee Meeting for TTY, (202) 502–8659. proceeding are accessible in the Dated: February 2, 2018. Commission’s eLibrary system by February 15, 2018, 10:00 a.m.–4:00 p.m. (EST) Kimberly D. Bose, clicking on the appropriate link in the Secretary. above list. They are also available for The above-referenced meeting will be electronic review in the Commission’s [FR Doc. 2018–02532 Filed 2–7–18; 8:45 am] via web conference and teleconference. Public Reference Room in Washington, BILLING CODE 6717–01–P DC. There is an eSubscription link on The above-referenced meeting is open the website that enables subscribers to to stakeholders. receive email notification when a Further information may be found at: document is added to a subscribed http://www.nyiso.com/public/ docket(s). For assistance with any FERC committees/documents.jsp?com= Online service, please email oc&directory=2018-02-15

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NYISO Electric System Planning approves a Confidential Business information to EPA under TSCA. Working Group Meeting Information (CBI) claim for the specific Persons who would use unique chemical identity of a chemical identifiers assigned by the Agency to February 22, 2018, 10:00 a.m.–4:00 p.m. substance, to apply this unique seek information may also be affected by (EST) identifier to other information this action. The following list of North The above-referenced meeting will be concerning the same substance, and to American Industrial Classification via web conference and teleconference. ensure that any nonconfidential System (NAICS) codes is not intended The above-referenced meeting is open information received by the Agency to be exhaustive, but rather provides a to stakeholders. identifies the chemical substance using guide to help readers determine whether Further information may be found at: the unique identifier while the specific this document applies to them. http://www.nyiso.com/public/ chemical identity of the chemical Potentially affected entities may committees/documents.jsp?com=bic_ substance is protected from disclosure. include: espwg&directory=2018-02-22 EPA previously requested comment on • Manufacturers, importers, or approaches for assigning and applying NYISO Management Committee processors of chemical substances unique identifiers, and has developed Meeting (NAICS codes 325 and 324110), e.g., an additional approach on which it now chemical manufacturing and petroleum February 28, 2018, 10:00 a.m.–2:00 p.m. requests comment. refineries. (EST) DATES: EPA will accept written B. What should I consider as I prepare comments and materials submitted to The above-referenced meeting will be my comments for EPA? via web conference and teleconference. the docket on or before March 12, 2018. The above-referenced meeting is open ADDRESSES: Submit your comments, 1. Submitting CBI. Do not submit this to stakeholders. identified by docket identification (ID) information to EPA through Further information may be found at: number EPA–HQ–OPPT–2017–0144, by regulations.gov or email. Clearly mark http://www.nyiso.com/public/ one of the following methods: the part or all of the information that • committees/documents.jsp?com=mc& Federal eRulemaking Portal: http:// you claim to be CBI. For CBI directory=2018-02-28 www.regulations.gov. Follow the online information in a disk or CD–ROM that The discussions at the meetings instructions for submitting comments. you mail to EPA, mark the outside of the described above may address matters at Do not submit electronically any disk or CD–ROM as CBI and then issue in the following proceedings: information you consider to be identify electronically within the disk or Confidential Business Information (CBI) CD–ROM the specific information that New York Independent System or other information whose disclosure is is claimed as CBI. In addition to one Operator, Inc., Docket No. ER13–102. restricted by statute. complete version of the comment that New York Independent System • Mail: Document Control Office includes information claimed as CBI, a Operator, Inc., Docket No. ER15– (7407M), Office of Pollution Prevention copy of the comment that does not 2059. and Toxics (OPPT), Environmental contain the information claimed as CBI New York Independent System Protection Agency, 1200 Pennsylvania must be submitted for inclusion in the Operator, Inc., Docket No. ER17– Ave. NW, Washington, DC 20460–0001. public docket. Information so marked 2327. • Hand Delivery: To make special will not be disclosed except in For more information, contact James arrangements for hand delivery or accordance with procedures set forth in Eason, Office of Energy Market delivery of boxed information, please 40 CFR part 2. Regulation, Federal Energy Regulatory follow the instructions at http:// 2. Tips for preparing your comments. Commission at (202) 502–8622 or www.epa.gov/dockets/contacts.html. When preparing and submitting your [email protected]. Additional instructions on comments, see the commenting tips at Dated: February 2, 2018. commenting or visiting the docket, http://www.epa.gov/dockets/ along with more information about Kimberly D. Bose, comments.html. dockets generally, is available at http:// Secretary. www.epa.gov/dockets. II. Background [FR Doc. 2018–02534 Filed 2–7–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: For A. TSCA Section 14 Requirement To BILLING CODE 6717–01–P technical information contact: Jessica Assign a ‘‘Unique Identifier’’ Barkas, Environmental Assistance The June 22, 2016, amendments to Division, Office of Pollution Prevention TSCA by the Frank R. Lautenberg ENVIRONMENTAL PROTECTION and Toxics, Environmental Protection Chemical Safety for the 21st Century AGENCY Agency, 1200 Pennsylvania Ave. NW, Act added a requirement in TSCA Washington, DC 20460–0001; telephone [EPA–HQ–OPPT–2017–0144; FRL–9972–94] section 14(g)(4) for EPA to, among other number: (202) 250–8880; email address: things, ‘‘assign a unique identifier to Assignment and Application of the [email protected]. ‘‘Unique Identifier’’ Under TSCA For general information contact: The each specific chemical identity for Section 14; Notice of Additional TSCA-Hotline, ABVI-Goodwill, 422 which the Administrator approves a Information and Opportunity To South Clinton Ave., Rochester, NY request for protection from disclosure.’’ Comment 14620; telephone number: (202) 554– EPA is required to use the ‘‘unique 1404; email address: TSCA-Hotline@ identifier assigned under this paragraph AGENCY: Environmental Protection epa.gov. to protect the specific chemical identity Agency (EPA). in information that the Administrator SUPPLEMENTARY INFORMATION: ACTION: Notice. has made public’’ and to ‘‘apply that I. General Information identifier consistently to all information SUMMARY: Recent amendments to the relevant to the applicable chemical Toxic Substances Control Act (TSCA) A. Does this action apply to me? substance,’’ including ‘‘any require EPA to develop a system to You may be affected by this action if nonconfidential information received by assign a ‘‘unique identifier’’ whenever it you have submitted or expect to submit the Administrator with respect to a

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chemical substance . . . while the B. Third Alternative Approach The UID is applied to that submission specific chemical identity of the Under this approach, EPA would as well. Sometime later, Company B chemical substance is protected from assign one unique identifier (UID) per files a section 8(e) notice on the same disclosure.’’ 15 U.S.C. 2613(g)(4). chemical substance. In most cases EPA substance, which it asserts it is using for The requirements to assign a unique would apply the UID to all non- research and development (R&D) identifier and the unreconciled confidential information concerning the purposes, but does not claim chemical requirements concerning application of same chemical substance, from any identity as CBI. EPA revisits Company the unique identifier and protection of company. However, in a small number A’s original CBI claim and confirms that CBI are more fully discussed in the of cases, EPA would not apply the UID it is not expired, has not been Federal Register document published to some non-confidential documents, in withdrawn, and has not been denied. previously. (See 82 FR 21386; May 8, order to preserve approved CBI claims Company B’s submission does not 2017; hereafter ‘‘May 8 Federal Register for specific chemical identity where the reveal that the substance is on the document’’.) EPA has noted drawbacks Inventory or that it is in commerce (as non-confidential document itself does to each of the two alternative other than an R&D substance). If EPA not undermine the CBI claim, but EPA’s approaches discussed in the May 8 applied the UID to Company B’s application of the UID to that document Federal Register document. submission, that act would link would result in a linkage that does EPA has developed a third alternative Company B’s section 8(e) notice to undermine the CBI claim. The basic approach for reconciling the competing Company A’s NOC, revealing that the criterion for application of the UID to requirements of TSCA section 14(g), and specific chemical identity in Company submissions made by different now invites public comment on this B’s section 8(e) notice is also the subject submitters is that the Agency’s act of new alternative. of an NOC and has therefore been applying the UID must not disclose to A brief explanation of CBI claims for manufactured for commercial purposes, chemical identity provides context for the public the confidential specific and is on the Inventory. Thus, EPA’s understanding the potential effects of chemical identity that the UID was linkage of the two documents through applying a unique identifier. TSCA assigned to protect. the applied UID—as opposed to any Specifically, prior to applying a UID section 14 permits a person to assert a information contained in the non- to public versions of documents CBI claim to seek to protect from public confidential document itself—would concerning the same substance, and disclosure certain information in a undermine the previously approved CBI filed by different submitters, those submission, including a specific claim for chemical identity. EPA would chemical identity. A CBI claim for documents would be reviewed for not apply the UID to Company B’s specific chemical identity is intended to presence of the specific chemical submission in this case, to preserve protect from disclosure the existence of identity. If the specific chemical Company A’s CBI claim. the chemical substance and/or the fact identity (e.g., Chemical Abstracts By way of contrast, if Company B’s that the chemical substance is (or is Service (CAS) name or CAS number) non-confidential section 8(e) notice intended to be) manufactured by any appears in any of the documents, EPA itself revealed that the chemical person for commercial purposes in the would revisit the CBI claim in the substance was manufactured for United States (note that under TSCA, remaining document(s) to assure that commercial purposes in the United the term ‘‘manufacture’’ includes the claim is unexpired and otherwise States—for instance, if the filing were an import). still valid. If the CBI claim remains incident report relating to the When a chemical identity on the valid, EPA would not apply the UID to commercial manufacture or use of that TSCA Inventory (Inventory) is claimed the document that reveals the specific chemical substance, as opposed to an as CBI, then the chemical substance is chemical identity, in order to preserve R&D exploration as originally maintained on the confidential portion the CBI claim in the other document(s) described—then this would indicate of the Inventory. Conversely, a specific (if the claim has expired, been that Company A’s CBI claim may no chemical identity that appears on the withdrawn, or appears no longer valid, longer be valid, and EPA would public portion of the Inventory, and is EPA would act in accordance with reevaluate the prior CBI claim in therefore known to be (or to have been) section 14(f)(2)(B) and/or 14(g)(4)(D), as accordance with TSCA section manufactured for commercial purposes appropriate). All of the documents 14(f)(2)(B) and/or 14(g)(4)(D), as in the United States, is generally not would be available to the public, and appropriate. eligible for confidential protection (see, the specific chemical identity would be EPA expects that exceptions to e.g., Chemical Data Reporting revealed in the document where it was application of the UID will be fairly regulations at 40 CFR 711.30(b)). If not claimed as CBI—the document rare. For example, in reviewing all non- another company reveals that they revealing the specific chemical identity confidential section 8(e) submissions manufacture the substance for would simply not be connected by the submitted over the past 5 years that commercial purposes, such as in a non- UID to the other document(s) where the included a CAS number (such that CBI submission filed under TSCA, the specific chemical identity is CBI. Inventory status can be readily chemical identity is no longer eligible For example, Company A files a checked), EPA found that fewer than for confidential protection, and a CBI Premanufacture Notice (PMN) and later, 4% of these submissions mentioned claim for chemical identity would be a Notice of Commencement (NOC), substances that are currently on the denied upon evaluation. Because the claiming chemical identity as CBI to confidential portion of the TSCA meaning of a CBI claim for chemical protect from disclosure the fact that the Inventory. Further, on preliminary identity is limited, companies that wish chemical is now being manufactured for review (i.e., without completing a full to protect other information in a commercial purposes in the United CBI review and determination), it submission (such as company identity States and hence is being added to the appeared that several of these or specific information regarding the Inventory. EPA approves the CBI claim submissions were under circumstances use, function, or application of that and assigns a UID. Company A indicating that the original CBI claim chemical substance) should claim that subsequently files a section 8(e) notice may have been withdrawn or otherwise specific information as CBI rather than concerning the same substance, became invalid, suggesting that there (or in addition to) chemical identity. claiming chemical identity as CBI again. may be even fewer exceptional cases

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once EPA revisits the original CBI This third alternative approach would ENVIRONMENTAL PROTECTION claim(s). avoid several problems that EPA has AGENCY EPA acknowledges that this approach identified with assigning more than one would occasionally create the UID to a single substance (see ‘‘Second [EPA–HQ–OPP–2017–0687; FRL–9971–89] possibility that the application of the Alternative Approach,’’ May 8 Federal Proposed Information Collection UID to submissions from two or more Register document (at 21389). One such Request (EPA ICR No. 1204.13); companies may alert each company to problem is that assigning more than one Comment Request; Submission of the other’s manufacture of the same UID per chemical substance would work Unreasonable Adverse Effects chemical substance. However, such against one of the purposes of assigning Information Under FIFRA Section disclosures frequently arise in the UIDs, to ‘‘provide a specific reference 6(a)(2) normal course of business under TSCA, identifier that protects the independent of UID. One reason for this confidentiality claim to the specific AGENCY: Environmental Protection is that a single accession number is chemical identity for the duration of the Agency (EPA). typically assigned to each Inventory claim, while providing a way for the ACTION: Notice. substance, and the accession number is public to identify other filings often used for subsequent reporting, e.g., pertaining to that substance.’’ (See SUMMARY: The Environmental Protection under the Chemical Data Reporting discussion in EPA’s May 8 Federal Agency is planning to submit an (CDR) rule. Accession numbers are also Register document (at 21388).) In information collection request (ICR), included alongside other regulatory addition, it is unclear how multiple ‘‘Submission of Unreasonable Adverse information, such as relevant section 5 UIDs per chemical can be reconciled Effects Information under FIFRA significant new use rule (SNUR) with the section 8(b)(7) requirement to Section 6(a)(2)’’ (EPA ICR No. 1204.13, citations, reported in public databases, publish and keep current a list of each OMB Control No. 2070–0039), to the such as the Substance Registry Service confidential Inventory chemical, with Office of Management and Budget (SRS), and in the Inventory file that EPA its UID, accession number, generic (OMB) for review and approval in makes available to the public name, and PMN number, where accordance with the Paperwork (confidential inventory chemicals are applicable. Any list that includes all of Reduction Act. Before doing so, EPA is listed by PMN number, accession this information for each chemical soliciting public comments on specific number, and generic name). (See would automatically link submissions aspects of the proposed information https://www.epa.gov/tsca-inventory/ from different companies by including collection as described below. This is a how-access-tsca-inventory.) Anyone that all of the UIDs and/or by using the same proposed extension of the ICR, which is has an accession number for a given accession number for multiple listings currently approved through September confidential inventory substance can on the same chemical. (i.e., if Chemical 30, 2018. An Agency may not conduct query the CDR database and learn X has three UIDs, assigned to three or sponsor and a person is not required whether other companies have different company claims, they would to respond to a collection of information manufactured the chemical in CDR- all be linked on this list, because unless it displays a currently valid OMB reportable amounts, or query the public Chemical X only has one accession control number. Inventory to find out the PMN number number, and the list is supposed to DATES: Comments must be submitted on of the original submission. include both accession number and or before April 9, 2018. While not every company reports UID.) It is also unclear to EPA how ADDRESSES: Submit your comments, under the CDR for every chemical that using one UID per chemical, per referencing Docket ID No. EPA–HQ– they manufacture (for example, company, would operate in the case that OPP–2017–0687 online using specialty chemical companies may be a company or parts of a company making relatively small quantities of a www.regulations.gov (our preferred changes ownership; how such UIDs method), by email to OPP_Docket@ substance, for a specialized use, and would be applied to EPA-generated may not meet the reporting thresholds epa.gov, or by mail to: EPA Docket documents that are relevant to more Center, Environmental Protection for CDR), the fact that a chemical than one submission; or how the substance is on the Inventory can be Agency, Mail Code 28221T, 1200 multiple UIDs would be handled in the Pennsylvania Ave. NW, Washington, DC revealed in other ways. For example, a case that one company withdraws or company that intends to manufacture a 20460. permits its CBI claim to expire while the EPA’s policy is that all comments chemical substance for commercial other does not. Using one UID per purposes may file a bona fide received will be included in the public chemical, and applying that same UID docket without change including any submission under 40 CFR 720.25 to to related documents in all but a very determine whether the chemical personal information provided, unless few exceptional cases, would avoid the comment includes profanity, threats, substance is already on the Inventory. these issues. The response to the bona fide inquiry, information claimed to be Confidential where EPA tells the submitter whether C. Opportunity To Comment on Business Information (CBI) or other a chemical substance is on the Approach to Applying the Unique information whose disclosure is confidential portion of the Inventory, Identifier restricted by statute. would indicate whether another EPA invites comment on the possible FOR FURTHER INFORMATION CONTACT: company has manufactured the approach outlined above. Amaris Johnson, Field and External chemical substance for commercial Affairs Division, Office of Pesticide purposes in the United States. Also, Authority: 15 U.S.C. 2613. Programs, (7506P), Environmental submitters of section 5 notices that are Dated: January 26, 2018. Protection Agency, 1200 Pennsylvania subsequently deemed to be invalid Charlotte Bertrand, Ave. NW, Washington, DC 20460; because the substance is already on the Acting Principal Deputy Assistant telephone number: (703) 305–9542; Inventory and thus not subject to Administrator, Office of Chemical Safety and email address: [email protected]. section 5 reporting requirements are Pollution Prevention. SUPPLEMENTARY INFORMATION: informed of the Inventory status and are [FR Doc. 2018–02548 Filed 2–7–18; 8:45 am] Supporting documents which explain provided the accession number. BILLING CODE 6560–50–P in detail the information that the EPA

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will be collecting are available in the anyone who holds or has ever held a questions about this ICR or the approval public docket for this ICR. The docket registration for a pesticide product process, please contact the technical can be viewed online at issued under FIFRA Section 3 or 24(c). person listed under FOR FURTHER www.regulations.gov or in person at the The North American Industrial INFORMATION CONTACT. EPA Docket Center, WJC West, Room Classification System (NAICS) is 325300 Authority: 44 U.S.C. 3501 et seq. 3334, 1301 Constitution Ave. NW, (Pesticide, Fertilizer and Other Washington, DC. The telephone number Agricultural Chemical Manufacturing). Dated: January 11, 2018. for the Docket Center is (202) 566–1744. Respondent’s obligation to respond: Charlotte Bertrand, For additional information about EPA’s Mandatory (FIFRA 6(a)(2)). Acting Principal Deputy Assistant public docket, visit http://www.epa.gov/ Estimated number of respondents: Administrator, Office of Chemical Safety and dockets. 1,452 (total). Pollution Prevention. Pursuant to section 3506(c)(2)(A) of Frequency of response: On occasion. [FR Doc. 2018–02547 Filed 2–7–18; 8:45 am] the PRA, EPA is soliciting comments Total estimated burden: 301,118 BILLING CODE 6560–50–P and information to enable it to: (i.) hours (per year). Burden is defined at 5 Evaluate whether the proposed CFR 1320.03(b). collection of information is necessary Total estimated cost: $19,999,815 (per ENVIRONMENTAL PROTECTION for the proper performance of the year). AGENCY functions of the Agency, including Changes in Estimates: There is an whether the information will have increase of 71,778 hours in the total [EPA–HQ–ORD–2005–0530; FRL–9974–07– practical utility; (ii.) evaluate the estimated respondent burden compared OEI] accuracy of the Agency’s estimate of the with the ICR currently approved by Information Collection Request burden of the proposed collection of OMB. This increase is due to the Submitted to OMB for Review and information, including the validity of expectation that the number of Approval; Comment Request; the methodology and assumptions used; responses will increase by 16% from Application for Reference and (iii.) enhance the quality, utility, and 93,000 in the last ICR approval to Equivalent Method Determination clarity of the information to be approximately 108,000 for this ICR collected; and (iv.) minimize the burden renewal. The increase is due to EPA’s (Renewal) revised expectations regarding the of the collection of information on those AGENCY: number of incident reports that will be Environmental Protection who are to respond, including through Agency (EPA). the use of appropriate automated submitted to the Agency, which reflects ACTION: Notice. electronic, mechanical, or other historical information on the number of responses received. The increase in the technological collection techniques or SUMMARY: The Environmental Protection number of incident reports has also other forms of information technology, Agency (EPA) has submitted an prompted the need for additional e.g., permitting electronic submission of information collection request (ICR), information discussed in section 4 of responses. EPA will consider the ‘‘Application for Reference and the supporting statement. Since the last comments received and amend the ICR Equivalent Method Determination ICR was approved, the EPA has found as appropriate. The final ICR package (Renewal)’’ (EPA ICR No. 0559.13, OMB it necessary to request additional data in will then be submitted to OMB for Control No. 2080–0005) to the Office of certain subject areas under 40 CFR 159. review and approval. At that time, EPA Management and Budget (OMB) for First, due to a significant increase in the will issue another Federal Register review and approval in accordance with number of adverse incidents for spot-on notice to announce the submission of the Paperwork Reduction Act. This is a domestic animal pet products from the ICR to OMB and the opportunity to proposed extension of the ICR, which is several registrants, EPA began requiring submit additional comments to OMB. currently approved through February more standardized post-market Abstract: Section 6(a)(2) of the 28, 2018. Public comments were surveillance reporting on adverse effects Federal Insecticide, Fungicide and previously requested via the Federal and submission of sales information, so Rodenticide Act (FIFRA) requires Register on September 6, 2017 during a the Agency can better evaluate incident pesticide registrants to submit 60-day comment period. This notice rates. Second, the Agency requested information to the Agency which may allows for an additional 30 days for additional information from the be relevant to the balancing of the risks public comments. A fuller description registrant of an herbicide to help and benefits of a pesticide product. The of the ICR is given below, including its explain circumstances for incidents of statute requires the registrant to submit estimated burden and cost to the public. alleged tree and plant damage. Finally, any factual information that it acquires An agency may not conduct or sponsor new concerns about neonicotinoid regarding adverse effects associated and a person is not required to respond pesticides and the loss of bee colonies with its pesticidal products, and it is up to a collection of information unless it led to EPA’s request for more to the Agency to determine whether or displays a currently valid OMB control documentation from registrants for these not that factual information constitutes number. an unreasonable adverse effect. In order products. to limit the amount of less meaningful Next Step in the Process for this ICR: DATES: Additional comments may be information that might be submitted to EPA will consider the comments submitted on or before March 12, 2018. the Agency, the EPA has limited the received and amend the ICR as ADDRESSES: Submit your comments, scope of factual information that the appropriate. The final ICR package will referencing Docket ID Number EPA– registrant must submit. The Agency’s then be submitted to OMB for review HQ–ORD–2005–0530, to (1) EPA online regulations at 40 CFR part 159 provide and approval pursuant to 5 CFR using www.regulations.gov (our a detailed description of the reporting 1320.12. EPA will issue another Federal preferred method), or by mail to: EPA obligations of registrants under FIFRA Register document pursuant to 5 CFR Docket Center, Environmental section 6(a)(2). 1320.5(a)(1)(iv) to announce the Protection Agency, Mail Code 28221T, Form Numbers: None. submission of the ICR to OMB and the 1200 Pennsylvania Ave. NW, Respondents/affected entities: Entities opportunity to submit additional Washington, DC 20460, and (2) OMB via potentially affected by this ICR include comments to OMB. If you have any email to [email protected].

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Address comments to OMB Desk Officer signed by an ISO-certified auditor to Members of the public are encouraged for EPA. indicate that the samplers or analyzers to provide comments relevant to the EPA’s policy is that all comments sold as part of the designated method specific issues being considered by the received will be included in the public are manufactured in an ISO 9001- NEJAC. For additional information docket without change including any registered facility. Also, an applicant about registering to attend the meeting personal information provided, unless must submit a minor application to seek or to provide public comment, please the comment includes profanity, threats, approval for any proposed see ‘‘REGISTRATION’’ under information claimed to be Confidential modifications to previously designated SUPPLEMENTARY INFORMATION. Due to a Business Information (CBI) or other methods. Submission of some limited number of telephone lines, information whose disclosure is information that is claimed by the attendance will be on a first-come, first restricted by statute. applicant to be confidential business served basis. Pre-registration is required. FOR FURTHER INFORMATION CONTACT: information may be necessary to make DATES: The NEJAC will host a public Robert W. Vanderpool, Environmental a reference or equivalent method teleconference meeting on Thursday, Protection Agency, Exposure Methods determination. The confidentiality of March 8, 2018, starting at 3:30 p.m. and Measurements Division, Air Quality any submitted information identified as Eastern Time. The meeting discussion Branch, Mail Drop D205–03, Research confidential business information by the will focus on several topics including, Triangle Park, NC 27711; telephone applicant will be protected in full but not limited to, the discussion and number: 919–541–7877; fax number: accordance with 40 CFR part 53.15 and deliberation of draft reports from the 919–541–4848; email address: all applicable provisions of 40 CFR part NEJAC Youth Perspectives on Climate [email protected]. 2. Change Workgroup and the NEJAC SUPPLEMENTARY INFORMATION: Form numbers: None. Environmental Justice and Water Supporting documents, which explain Respondents/affected entities: Private Infrastructure Finance and Capacity in detail the information that the EPA manufacturers. Work Group. will be collecting, are available in the Respondent’s obligation to respond: Public comment period relevant to the public docket for this ICR. The docket Required to obtain the benefit of EPA specific issues being considered by the can be viewed online at designation under 40 CFR part 53. NEJAC (see SUPPLEMENTARY www.regulations.gov or in person at the Estimated number of respondents: 22 INFORMATION) is scheduled for Thursday, EPA Docket Center, WJC West, Room (total). March 8, 2018, starting at 5:30 p.m. 3334, 1301 Constitution Ave. NW, Frequency of response: On occasion. Eastern Time. Members of the public Washington, DC. The telephone number Total estimated burden: 7492 hours who wish to participate during the for the Docket Center is 202–566–1744. (per year). Burden is defined at 5 CFR public comment period are highly For additional information about EPA’s 1320.03(b). encouraged to pre-register by 11:59 public docket, visit http://www.epa.gov/ Total estimated cost: $687,044 (per p.m., Eastern Time on March 5, 2018. dockets. year), includes $140,121 annualized FOR FURTHER INFORMATION CONTACT: Abstract: To determine compliance capital or operation & maintenance Questions or correspondence with the NAAQS, State air monitoring costs. concerning the public teleconference agencies are required to use, in their air Changes in the estimates: There is no meeting should be directed to Karen L. quality monitoring networks, air change in the hours in the total Martin, U.S. Environmental Protection monitoring methods that have been estimated respondent burden compared Agency, by mail at 1200 Pennsylvania formally designated by the EPA as either with the ICR currently approved by Avenue NW (MC2201A), Washington, reference or equivalent methods under OMB. DC 20460; by telephone at 202–564– EPA regulations at 40 CFR part 53. A Courtney Kerwin, 0203; via email at martin.karenl@ manufacturer or seller of an air Director, Regulatory Support Division. epa.gov; or by fax at 202–564–1624. monitoring method (e.g., an air [FR Doc. 2018–02542 Filed 2–7–18; 8:45 am] Additional information about the monitoring sampler or analyzer) that NEJAC is available at https:// BILLING CODE 6560–50–P seeks to obtain such EPA designation of www.epa.gov/environmentaljustice/ one of its products must carry out national-environmental-justice- prescribed tests of the method. The test ENVIRONMENTAL PROTECTION advisory-council. results and other information must then AGENCY SUPPLEMENTARY INFORMATION: The be submitted to the EPA in the form of Charter of the NEJAC states that the [FRL–9974–22–OECA] an application for a reference or advisory committee ‘‘will provide equivalent method determination in National Environmental Justice independent advice and accordance with 40 CFR part 53. The Advisory Council; Notification of recommendations to the Administrator EPA uses this information, under the Public Teleconference and Public about broad, crosscutting issues related provisions of Part 53, to determine Comment to environmental justice. The NEJAC’s whether the particular method should efforts will include evaluation of a be designated as either a reference or AGENCY: Environmental Protection broad range of strategic, scientific, equivalent method. After a method is Agency (EPA). technological, regulatory, community designated, the applicant must also ACTION: Notification of public meeting. engagement and economic issues related maintain records of the names and to environmental justice.’’ mailing addresses of all ultimate SUMMARY: Pursuant to the Federal purchasers of all analyzers or samplers Advisory Committee Act (FACA), the Registration sold as designated methods under the U.S. Environmental Protection Agency Registration for the March 9, 2018, method designation. If the method (EPA) hereby provides notice that the pubic meeting teleconference option designated is a method for fine National Environmental Justice will be processed at https://nejac- particulate matter (PM2.5) and coarse Advisory Council (NEJAC) will meet on public-teleconference-march-8- particulate matter (PM10–2.5), the the dates and times described below. 2018.eventbrite.com. Pre-registration is applicant must also submit a checklist This meeting is open to the public. required. Registration for the March 8,

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2018, public meeting teleconference FEDERAL COMMUNICATIONS 76.910, Franchising Authority closes at 11:59 p.m., Eastern Time on COMMISSION Certification. Monday, March 5, 2018. The deadline to Form No.: FCC Form 328. [OMB 3060–0550 and 3060–0560] sign up to speak during the public Type of Review: Extension of a comment period, or to submit written Information Collections Being currently approved collection. Respondents: State, local or tribal public comments, is 11:59 p.m., Eastern Reviewed by the Federal governments; Businesses or other for- Time on Monday, March 5, 2018. When Communications Commission Under profit entities. registering, please provide your name, Delegated Authority organization, city and state, email Number of Respondents and address, and telephone number for AGENCY: Federal Communications Responses: 7 respondents; 13 responses. follow up. Please also indicate whether Commission. Estimated Time per Response: 2 you would like to provide public ACTION: Notice and request for hours. comment during the meeting, and comments. Frequency of Response: One-time whether you are submitting written reporting requirement; Third party comments before the Monday, March 5, SUMMARY: As part of its continuing effort disclosure requirement. 2018, deadline. to reduce paperwork burdens, and as Obligation To Respond: Required to required by the Paperwork Reduction obtain or retain benefits. The statutory A. Public Comment Act (PRA) of 1995, the Federal authority for this collection of Individuals or groups making remarks Communications Commission (FCC or information is contained in section 3 of during the public comment period will Commission) invites the general public the Cable Television Consumer be limited to seven (7) minutes. To and other Federal agencies to take this Protection and Competition Act of 1992 accommodate the number of people opportunity to comment on the (47 U.S.C. 543), as well as sections 4(i), who want to address the NEJAC, only following information collections. 4(j), and 623 of the Communications Act one representative of a particular Comments are requested concerning: of 1934, as amended, and section 111 of community, organization, or group will Whether the proposed collection of the STELA Reauthorization Act of 2014. be allowed to speak. Written comments information is necessary for the proper Total Annual Burden: 26 hours. can also be submitted for the record. performance of the functions of the Total Annual Cost: None. The suggested format for individuals Commission, including whether the Privacy Act Impact Assessment: No providing public comments is as information shall have practical utility; impact(s). Nature and Extent of Confidentiality: follows: Name of speaker; name of the accuracy of the Commission’s There is no need for confidentiality with organization/community; city and state; burden estimate; ways to enhance the quality, utility, and clarity of the this collection of information. and email address; brief description of Needs and Uses: On June 3, 2015, the information collected; ways to minimize the concern, and what you want the Commission released a Report and the burden of the collection of NEJAC to advise EPA to do. Written Order, MB Docket No. 15–53; FCC 15– information on the respondents, comments received by registration 62. The Report and Order adopted a including the use of automated deadline, will be included in the rebuttable presumption that cable collection techniques or other forms of materials distributed to the NEJAC prior operators are subject to competing information technology; and ways to to the teleconference. Written comments provider effective competition. The further reduce the information received after that time will be provided information collection requirements collection burden on small business to the NEJAC as time allows. All written have not changed since they were last comments should be sent to Karen L. concerns with fewer than 25 employees. The FCC may not conduct or sponsor approved by the Office of Management Martin, EPA, via email at nejac@ and Budget (OMB). The information epa.gov. a collection of information unless it displays a currently valid OMB control collection requirements consist of: FCC Form 328. Pursuant to section B. Information About Services for number. No person shall be subject to 76.910, a franchising authority must be Individuals With Disabilities or any penalty for failing to comply with certified by the Commission to regulate Requiring English Language Translation a collection of information subject to the the basic service tier and associated Assistance PRA that does not display a valid OMB equipment of a cable system within its For information about access or control number. services for individuals requiring jurisdiction. To obtain this certification, DATES: Written PRA comments should the franchising authority must prepare assistance, please contact Karen L. be submitted on or before April 9, 2018. Martin, at (202) 564–0203 or via email and submit FCC Form 328. The Report If you anticipate that you will be and Order revises section 76.910 to at [email protected]. To request submitting comments, but find it special accommodations for a disability require a franchising authority filing difficult to do so within the period of Form 328 to submit specific evidence or other assistance, please submit your time allowed by this notice, you should request at least fourteen (14) working demonstrating its rebuttal of the advise the contact listed below as soon presumption in section 76.906 that the days prior to the meeting, to give EPA as possible. sufficient time to process your request. cable system is subject to competing ADDRESSES: Direct all PRA comments to provider effective competition pursuant All requests should be sent to the Cathy Williams, FCC, via email to PRA@ address, email, or phone/fax number to section 76.905(b)(2). The franchising fcc.gov and to [email protected]. authority bears the burden of submitting listed in the FOR FURTHER INFORMATION FOR FURTHER INFORMATION CONTACT: For evidence rebutting the presumption that CONTACT section. additional information about the competing provider effective Dated: February 1, 2018. information collection, contact Cathy competition, as defined in section Matthew Tejada, Williams at (202) 418–2918. 76.905(b)(2), exists in the franchise area. Designated Federal Officer, National SUPPLEMENTARY INFORMATION: Unless a franchising authority has Environmental Justice Advisory Council. OMB Control Number: 3060–0550. actual knowledge to the contrary, it may [FR Doc. 2018–02549 Filed 2–7–18; 8:45 am] Title: Local Franchising Authority rely on the presumption in section BILLING CODE 6560–50–P Certification, FCC Form 328; Section 76.906 that the cable system is not

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subject to one of the other three types operators are subject to competing (HK) Limited; TUI Cruises Gmbh; Virgin of effective competition. provider effective competition. Yoyages; and Windstar Cruises. Evidence establishing lack of effective Reversing the previous rebuttable Filing Party: Carolyn J. Kaye, Esq.; competition. If the evidence establishing presumption of no effective competition Kaye, Rose & Partners, LLP; Emerald the lack of effective competition is not and adopting the procedures discussed Plaza, 402 West Broadway, Suite 1890; otherwise available, section 76.910(b)(4) in the Report and Order will result in San Diego, CA 92101–8508. provides that franchising authorities changes to the information collection Synopsis: The amendment updates may request from a multichannel video burdens. the membership of the Agreement, programming distributor (‘‘MVPD’’) The information collection specifies the extent that certain information regarding the MVPD’s reach requirements consist of: Petitions for aggregated information can be gathered and number of subscribers. An MVPD reconsideration of certification, and distributed among members and must respond to such request within 15 oppositions and replies thereto, cable through third parties, and clarifies the days. Such responses may be limited to operator requests to competitors for definitions of ‘‘Membership, Associate numerical totals. information regarding the competitor’s Membership, and Affiliation.’’ Franchising authority’s obligations if reach and number of subscribers if By Order of the Federal Maritime certified. Section 76.910(e) of the evidence establishing effective Commission. Commission’s rules currently provides competition is not otherwise available, Dated: February 5, 2018. that, unless the Commission notifies the and the competitors supplying this Rachel E. Dickon, franchising authority otherwise, the information. They have not changed Assistant Secretary. certification will become effective 30 since they were last approved by OMB. [FR Doc. 2018–02524 Filed 2–7–18; 8:45 am] days after the date filed, provided, Federal Communications Commission. however, that the franchising authority BILLING CODE 6731–AA–P Marlene H. Dortch, may not regulate the rates of a cable system unless it: (1) Adopts regulations Secretary, Office of the Secretary. (i) consistent with the Commission’s [FR Doc. 2018–02553 Filed 2–7–18; 8:45 am] FEDERAL MARITIME COMMISSION BILLING CODE 6712–01–P regulations governing the basic tier and Notice of Agreements Filed (ii) providing a reasonable opportunity for consideration of the views of The Commission hereby gives notice interested parties, within 120 days of FEDERAL MARITIME COMMISSION of the filing of the following agreements the effective date of the certification; under the Shipping Act of 1984. and (2) notifies the cable operator that Notice of Agreement Filed Interested parties may submit comments the franchising authority has been The Commission hereby gives notice on the agreements to the Secretary, certified and has adopted the required of the filing of the following agreement Federal Maritime Commission, regulations. under the Shipping Act of 1984. Washington, DC 20573, within twelve OMB Control Number: 3060–0560. Interested parties may submit comments days of the date this notice appears in Title: Section 76.911, Petition for on the agreement to the Secretary, the Federal Register. Copies of the Reconsideration of Certification. Federal Maritime Commission, agreements are available through the Form No.: N/A. Washington, DC 20573, within twelve Commission’s website (www.fmc.gov) or Type of Review: Extension of a days of the date this notice appears in by contacting the Office of Agreements currently approved collection. the Federal Register. A copy of the at (202)–523–5793 or tradeanalysis@ Respondents: State, local or tribal agreement is available through the fmc.gov. governments; Businesses or other for- Commission’s website (www.fmc.gov) or Agreement No.: 011550–017. profit entities. Title: ABC Discussion Agreement. Number of Respondents and by contacting the Office of Agreements Parties: King Ocean Services Limited, Responses: 15 respondents; 25 at (202) 523–5793 or tradeanalysis@ Inc., and Seaboard Marine Ltd. responses. fmc.gov. Filing Party: Wayne Rohde; Cozen Estimated Time per Response: 2–10 Agreement No.: 010071–046. O’Connor; 1200 Nineteenth Street NW, hours. Title: Cruise Lines International Frequency of Response: On occasion Association Agreement. Washington, DC 20036. Synopsis: The amendment deletes reporting requirement; Third party Parties: Acromas Shipping, Ltd./Saga Crowley Caribbean Services LLC as a disclosure requirement. Shipping; Aida Cruises; American Obligation To Respond: Required to Cruise Lines, Inc.; Azamara Cruises; party to the Agreement. obtain or retain benefits. The statutory Carnival Cruise Lines; Celebrity Cruises, Agreement No.: 012426–002. authority for this collection of Inc.; Celestyal Cruises; Costa Cruise Title: The OCEAN Alliance information is contained in sections 4(i) Lines; Crystal Cruises; Cunard Line; Agreement. and 623 of the Communications Act of Disney Cruise Line; Dream Cruises Parties: American President Lines, 1934, as amended. Management Ltd.; Hapag-Lloyd Ltd.; APL Co. Pte. Ltd.; CMA CGM S.A.; Total Annual Burden: 130 hours. Kreuzfahrten Gmbh; Holland America COSCO Shipping Lines Co., Ltd.; Total Annual Cost: None. Line; Marella Cruise c/o TUI Group; COSCO Shipping Lines (Europe) GmbH; Privacy Act Impact Assessment: No MSC Cruises; NCL Corporation; Oceania Evergreen Line Joint Service Agreement; impact(s). Cruises; P&O Cruises; P&O Cruises Orient Overseas Container Line Limited; Nature and Extent of Confidentiality: Australia; Paul Gauguin Cruises; Pearl and OOCL (Europe) Limited. There is no need for confidentiality with Seas Cruises; PONANT Yacht Cruises & Filing Party: Robert Magovern; Cozen this collection of information. Expeditions; Princess Cruises; O’Connor; 1200 Nineteenth Street NW, Needs and Uses: On June 3, 2015, the Pullmantur Cruises Ship Management Washington, DC 20036. Commission released a Report and Ltd.; Regent Seven Seas Cruises; Royal Synopsis: The amendment revises Order, MB Docket No. 15–53; FCC 15– Caribbean International; Seabourn Article 2 of the Agreement to add 62. The Report and Order adopted a Cruise Line; SeaDream Yacht Club; COSCO SHIPPING Lines (Europe) rebuttable presumption that cable Silversea Cruises, Ltd.; Star Cruises GmbH as a party to the Agreement.

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COSCO SHIPPING Lines (Europe) Nippon Yusen Kaisha into a new DEPARTMENT OF HEALTH AND GmbH and COSCO SHIPPING Lines Co., company known as Ocean Network HUMAN SERVICES Ltd. shall be treated as one party for all Express Pte. Ltd. effective April 1, 2018. purposes under the Agreement. Accordingly, the name of the Agreement Administration for Children and Agreement No.: 011261–011. is changed to the ONE/ELJSA Space Families Title: ACL/WWL Agreement. Charter Agreement and Ocean Network Proposed Information Collection Parties: Atlantic Container Line A.B.; Express Pte. Ltd. is added as a party. Activity; Comment Request and Wallenius Wilhelmsen Logistics Agreement No.: 012410–002. AS. Title: ORR–6, ORR Requirements for Filing Party: Wayne Rohde; Cozen Title: WWL/Hyundai Glovis Space Refugee Cash Assistance; and Refugee O’Connor; 1200 Nineteenth Street NW, Charter Agreement. Medical Assistance (45 CFR part 400). Washington, DC 20036. Parties: Wallenius Wilhelmsen OMB No.: 0970–0036. Synopsis: The amendment revises the Logistics AS and Hyundai Glovis Co. Description: As required by section amount of space to be chartered, adds Ltd.. 412(e) of the Immigration and the Atlantic Coast of Canada to the Nationality Act, the Administration for Filing Party: Wayne Rohde; Cozen geographic scope of the Agreement, Children and Families (ACF), Office of O’Connor; 1200 Nineteenth Street NW, adjusts the notice required to terminate Refugee Resettlement (ORR), is Washington, DC 20036. the Agreement in certain circumstances, requesting the information from Form and deletes obsolete material from the Synopsis: The amendment adds the ORR–6 to determine the effectiveness of Agreement. It also updates the address Pacific Coast of the United States to the the State cash and medical assistance, of Atlantic Container Line. scope of the Agreement and revises and social services programs. State-by- Agreement No.: 012474–001. Article 5.1 to authorize reciprocal State Refugee Cash Assistance (RCA) Title: ONE/ELJSA Space Charter (rather than one-way) space chartering. and Refugee Medical Assistance (RMA) Agreement. By Order of the Federal Maritime utilization rates derived from Form Parties: Ocean Network Express Pte. Commission. ORR–6 are calculated for use in Ltd. and Evergreen Line Joint Service formulating program initiatives, Agreement. Dated: January 26, 2018. priorities, standards, budget requests, Filing Party: Joshua Stein; Cozen Rachel E. Dickon, and assistance policies. ORR regulations O’Connor; 1200 Nineteenth Street NW, Assistant Secretary. require that State Refugee Resettlement Washington, DC 20036. [FR Doc. 2018–02478 Filed 2–7–18; 8:45 am] and Wilson-Fish agencies, and local and Synopsis: The amendment revises the BILLING CODE 6731–AA–P Tribal governments complete Form Agreement to provide for the transition ORR–6 in order to participate in the that will occur following the above-mentioned programs. combination of the container liner Respondents: State governments, operations of Kawasaki Kisen Kaisha, Replacement Designees, and Wilson/ Ltd.; Mitsui O.S.K. Lines, Ltd.; and Fish Alternative Projects.

ANNUAL BURDEN ESTIMATES

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

ORR–6 Performance Report ...... 57 2 8 912

Estimated Total Annual Burden collection of information is necessary DEPARTMENT OF HEALTH AND Hours: 912. for the proper performance of the HUMAN SERVICES In compliance with the requirements functions of the agency, including of the Paperwork Reduction Act of 1995 whether the information shall have Administration for Children and (Pub. L. 104–13, 44 U.S.C. Chap 35), the practical utility; (b) the accuracy of the Families agency’s estimate of the burden of the Administration for Children and Proposed Information Collection proposed collection of information; (c) Families is soliciting public comment Activity; Comment Request on the specific aspects of the the quality, utility, and clarity of the information collection described above. information to be collected; and (d) Title: Preventing and Addressing Copies of the proposed collection of ways to minimize the burden of the Intimate Violence When Engaging Dads. information can be obtained and collection of information on OMB Number: New Collection. comments may be forwarded by writing respondents, including through the use Description: The Administration for to the Administration for Children and of automated collection techniques or Children and Families (ACF), Office of Families, Office of Planning, Research other forms of information technology. Planning, Research, and Evaluation and Evaluation, 330 C Street SW, Consideration will be given to (OPRE) proposes to collect information Washington, DC 20201. Attn: ACF comments and suggestions submitted as part of the Preventing and Addressing Reports Clearance Officer. Email within 60 days of this publication. Intimate Violence when Engaging Dads address: [email protected]. All (PAIVED) study. Since 2006, the requests should be identified by the title Robert Sargis, Healthy Marriage and Responsible of the information collection. Reports Clearance Officer. Fatherhood (HMRF) initiative has The Department specifically requests [FR Doc. 2018–02516 Filed 2–7–18; 8:45 am] funded programs that play a key role in comments on: (a) Whether the proposed BILLING CODE 4184–45–P helping the Office of Family Assistance

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(OFA) achieve its goals to foster among its participants. The proposed interviews conducted over the phone economically secure households and data collection will include whether IPV and in-person with RF grantee program communities for the well-being and content is included in RF programs, the staff and community partners. This long-term success of children and types of activities they are using to information will be critical to inform families. The purpose of the PAIVED address IPV, and related successes and future efforts to address and contribute study is to better understand the challenges. Other collected data will to the prevention of IPV through RF prevalence of intimate partner violence include barriers to addressing IPV in RF programming. (IPV) experienced by the population of programs, the relevance of addressing fathers served by Responsible IPV with fathers, fathers’ reactions to Respondents: Responsible Fatherhood Fatherhood (RF) programs, and the this programming, and what types of grantee program staff (e.g., program services that federally-funded RF partnerships RF programs have with directors and facilitators) and programs are providing to address and other agencies to address IPV. This community partners. contribute to the prevention of IPV information will be collected through

ANNUAL BURDEN ESTIMATES

Total/annual Number of Average Instrument number of responses per burden hours Annual respondents respondent per response burden hours

RF grantee/community partner screening and participant recruitment ...... 37 1 1 37 RF grantee program staff semi-structured interview ...... 23 1 1.5 35 Community partner semi-structured interview ...... 10 1 1.5 15

Estimated Total Annual Burden comments and suggestions submitted Extension of Current Approval Hours: 87. within 60 days of this publication. The Offices of Family Assistance In compliance with the requirements Mary Jones, (OFA) and Planning, Research and of Section 3506(c)(2)(A) of the ACF/OPRE Certifying Officer. Evaluation (OPRE) in the Paperwork Reduction Act of 1995, the [FR Doc. 2018–02476 Filed 2–7–18; 8:45 am] Administration for Children and Families (ACF), U.S. Department of Administration for Children and BILLING CODE 4184–73–P Families is soliciting public comment Health and Human Services (HHS) are on the specific aspects of the proposing to extend performance information collection described above. DEPARTMENT OF HEALTH AND measure and other data collection Copies of the proposed collection of HUMAN SERVICES activities, in service to the HM and RF information can be obtained and programs. This data collection is part of comments may be forwarded by writing Administration for Children and the Fatherhood and Marriage Local to the Administration for Children and Families Evaluation and Cross-site (FaMLE Cross- site) project, whose purpose is to Families, Office of Planning, Research, [OMB NO.: 0970–0460] support high quality data collection, and Evaluation, 330 C Street SW, strengthen local evaluations, and Washington, DC 20201, Attn: OPRE Proposed Information Collection conduct cross-site analysis for the Reports Clearance Officer. Email Activity; Comment Request; Healthy Marriage and Responsible Fatherhood Responsible Fatherhood and Healthy address: OPREinfocollection@ Marriage grantees. ACF is requesting acf.hhs.gov. All requests should be Performance Measures and Additional Data Collection (Part of the Fatherhood comment on the following data identified by the title of the information collection, which has been ongoing collection. and Marriage Local Evaluation and Cross-Site (FaMLE Cross-Site) under OMB #0970–0460 since 2016. The Department specifically requests Project)—Extension There are no changes proposed to the comments on (a) whether the proposed information collection, we are only collection of information is necessary Description requesting an extension to continue data for the proper performance of the Background collection with the current grantees functions of the agency, including through 2020. whether the information shall have For decades various organizations and Performance measures. ACF is agencies have been developing and practical utility; (b) the accuracy of the proposing to extend collection of a set operating programs to strengthen agency’s estimate of the burden of the of performance measures that are families through healthy marriage and proposed collection of information; (c) collected by all grantees. These relationship education and responsible measures collect standardized the quality, utility, and clarity of the fatherhood programming. The information in the following areas: information to be collected; and (d) Administration for Children and • Applicant characteristics; ways to minimize the burden of the Families (ACF), Office of Family • Program operations (including collection of information on Assistance (OFA), has had program characteristics and service respondents, including through the use administrative responsibility for federal delivery); and of automated collection techniques or funding of such programs since 2006 • Participant outcomes: other forms of information technology. through the Healthy Marriage (HM) and Æ Entrance survey, with four Consideration will be given to Responsible Fatherhood (RF) Grant versions: (1) Healthy Marriage Program Programs. The authorizing legislation Pre-Program Survey for Adult-Focused for the programs may be found in Programs; (2) Healthy Marriage Program Section 403(a)(2) of the Social Security Pre-Program Survey for Youth-Focused Act [1]. Programs; (3) Responsible Fatherhood

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Program Pre-Program Survey for to the performance measures mention information from a sub-set of grantees Community-Based-Fathers; and (4) above, ACF proposes to extend on how they designed and implemented Responsible Fatherhood Program Pre- collection for these data submissions: their programs (information on Program Survey for Incarcerated • Semi-annual Performance Progress outcomes associated with programs will Fathers. Report (PPR), with two versions: (1) also be assessed), per the following Æ Exit survey, with four versions: (1) Performance Progress Report for Healthy protocols: Healthy Marriage Program Post-Program Marriage Programs, and (2) Performance • Staff interview protocol on program Survey for Adult-Focused Programs; (2) Progress Report for Responsible design (will be collected from about half Healthy Marriage Program Post-Program Fatherhood Programs; and of all grantees); Survey for Youth-Focused Programs; (3) • Quarterly Performance Report • Staff interview protocols on Responsible Fatherhood Program Post- (QPR), with two versions: (1) Quarterly program implementation (will be Program Survey for Community-Based- Performance Progress Report for Healthy collected from about 10 grantees); and Marriage Programs, and (2) Quarterly Fathers; and (4) Responsible Fatherhood • Program Post-Program Survey for Performance Progress Report for Program participant focus group Incarcerated Fathers. Responsible Fatherhood Programs. protocol (will be conducted with about These measures were developed per A management information system 10 grantees). extensive review of the research has been implemented which improves Respondents: Responsible Fatherhood literature and grantees’ past measures. efficiency and the quality of data, and and Healthy Marriage Program grantees Grantees are required to submit data makes reporting easier. (e.g., grantee staff) and program on these standardized measures on a Additional data collection. We also applicants and participants— regular basis (e.g., quarterly). In addition seek to extend the approval to collect participants are called ‘‘clients.’’

ANNUAL BURDEN ESTIMATES

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

Data Collection by Grantees (DCS, or Data Collected by Sites)

Instrument DCS–1: Appli- Program applicants ...... 265,838 87,504 1 0.25 21,876 cant characteristics. Program staff ...... 360 360 243 0.10 8,750 Instrument DCS–2: Grantee Program staff ...... 120 120 1 0.75 90 program operations. Instrument DCS–3: Service Program staff ...... 1,540 1,540 156 0.50 39,916 receipt in MIS. Instrument DCS–4: En- Program clients (Entrance 239,493 79,831 1 0.42 33,529 trance and Exit Surveys. Survey; 4 versions). Program clients (Exit Sur- 132,087 44,029 1 0.42 18,492 vey; 4 versions). Program staff (Entrance 60 20 1,285 0.30 7,712 and Exit surveys on paper). Instrument DCS–5: Semi- Program staff (2 versions) .. 120 120 2 3 720 annual report. Instrument DCS–6: Quar- Program staff (2 versions) .. 120 120 2 1 240 terly performance report.

Data Collection by the Contractor (DCI, or Data collected by the Contractor Itself)

Instrument DCI–1: Topic Program staff ...... 60 20 1 1 20 guide on program design. Instrument DCI–2: Topic Program staff ...... 300 100 1 1 100 guide on program imple- mentation. Instrument DCI–3: Focus Program clients ...... 801 267 1 1.50 401 group protocol.

Estimated Total Annual Burden to the Administration for Children and for the proper performance of the Hours: 131,846. Families, Office of Planning, Research, functions of the agency, including In compliance with the requirements and Evaluation, 330 C Street SW, whether the information shall have of Section 3506(c)(2)(A) of the Washington, DC 20201, Attn: OPRE practical utility; (b) the accuracy of the Paperwork Reduction Act of 1995, the Reports Clearance Officer. Email agency’s estimate of the burden of the Administration for Children and address: OPREinfocollection@ proposed collection of information; (c) Families is soliciting public comment acf.hhs.gov. All requests should be the quality, utility, and clarity of the on the specific aspects of the identified by the title of the information information to be collected; and (d) information collection described above. collection. ways to minimize the burden of the Copies of the proposed collection of The Department specifically requests collection of information on information can be obtained and comments on (a) whether the proposed respondents, including through the use comments may be forwarded by writing collection of information is necessary of automated collection techniques or

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other forms of information technology. acceptance receipt is on or before that submission. You should submit two Consideration will be given to date. copies total. One copy will include the comments and suggestions submitted information you claim to be confidential Electronic Submissions within 60 days of this publication. with a heading or cover note that states Submit electronic comments in the ‘‘THIS DOCUMENT CONTAINS Reference following way: CONFIDENTIAL INFORMATION.’’ The • [1] http://www.ssa.gov/OP_Home/ssact/ Federal eRulemaking Portal: Agency will review this copy, including title04/0403.htm. https://www.regulations.gov. Follow the the claimed confidential information, in instructions for submitting comments. its consideration of comments. The Mary Jones, Comments submitted electronically, ACF/OPRE Certifying Officer. second copy, which will have the including attachments, to https:// claimed confidential information [FR Doc. 2018–02494 Filed 2–7–18; 8:45 am] www.regulations.gov will be posted to redacted/blacked out, will be available BILLING CODE 4184–35–P the docket unchanged. Because your for public viewing and posted on comment will be made public, you are https://www.regulations.gov. Submit solely responsible for ensuring that your both copies to the Dockets Management DEPARTMENT OF HEALTH AND comment does not include any HUMAN SERVICES Staff. If you do not wish your name and confidential information that you or a contact information to be made publicly third party may not wish to be posted, Food and Drug Administration available, you can provide this such as medical information, your or information on the cover sheet and not anyone else’s Social Security number, or in the body of your comments and you [Docket No. FDA–2015–E–1664] confidential business information, such must identify this information as as a manufacturing process. Please note Determination of Regulatory Review ‘‘confidential.’’ Any information marked that if you include your name, contact Period for Purposes of Patent as ‘‘confidential’’ will not be disclosed information, or other information that Extension; JUBLIA except in accordance with § 10.20 (21 identifies you in the body of your CFR 10.20) and other applicable AGENCY: Food and Drug Administration, comments, that information will be disclosure law. For more information HHS. posted on https://www.regulations.gov. about FDA’s posting of comments to • If you want to submit a comment ACTION: Notice. public dockets, see 80 FR 56469, with confidential information that you September 18, 2015, or access the SUMMARY: The Food and Drug do not wish to be made available to the information at: https://www.gpo.gov/ Administration (FDA or the Agency) has public, submit the comment as a fdsys/pkg/FR-2015-09-18/pdf/2015- determined the regulatory review period written/paper submission and in the 23389.pdf. for JUBLIA and is publishing this notice manner detailed (see ‘‘Written/Paper Docket: For access to the docket to of that determination as required by Submissions’’ and ‘‘Instructions’’). read background documents or the law. FDA has made the determination Written/Paper Submissions electronic and written/paper comments because of the submission of an received, go to https:// Submit written/paper submissions as application to the Director of the U.S. www.regulations.gov and insert the follows: Patent and Trademark Office (USPTO), • docket number, found in brackets in the Department of Commerce, for the Mail/Hand delivery/Courier (for written/paper submissions): Dockets heading of this document, into the extension of a patent which claims that ‘‘Search’’ box and follow the prompts human drug product. Management Staff (HFA–305), Food and Drug Administration, 5630 Fishers and/or go to the Dockets Management DATES: Anyone with knowledge that any Lane, Rm. 1061, Rockville, MD 20852. Staff, 5630 Fishers Lane, Rm. 1061, of the dates as published (in the • For written/paper comments Rockville, MD 20852. SUPPLEMENTARY INFORMATION section) are submitted to the Dockets Management FOR FURTHER INFORMATION CONTACT: incorrect may submit either electronic Staff, FDA will post your comment, as Beverly Friedman, Office of Regulatory or written comments and ask for a well as any attachments, except for Policy, Food and Drug Administration, redetermination by April 9, 2018. information submitted, marked and 10903 New Hampshire Ave., Bldg. 51, Furthermore, any interested person may identified, as confidential, if submitted Rm. 6250, Silver Spring, MD 20993, petition FDA for a determination as detailed in ‘‘Instructions.’’ 301–796–3600. regarding whether the applicant for Instructions: All submissions received SUPPLEMENTARY INFORMATION: extension acted with due diligence must include the Docket No. FDA– during the regulatory review period by 2015–E–1664 for ’’Determination of I. Background August 7, 2018. See ‘‘Petitions’’ in the Regulatory Review Period for Purposes The Drug Price Competition and SUPPLEMENTARY INFORMATION section for of Patent Extension; JUBLIA.’’ Received Patent Term Restoration Act of 1984 more information. comments, those filed in a timely (Pub. L. 98–417) and the Generic ADDRESSES: You may submit comments manner (see ADDRESSES), will be placed Animal Drug and Patent Term as follows. Please note that late, in the docket and, except for those Restoration Act (Pub. L. 100–670) untimely filed comments will not be submitted as ‘‘Confidential generally provide that a patent may be considered. Electronic comments must Submissions,’’ publicly viewable at extended for a period of up to 5 years be submitted on or before April 9, 2018. https://www.regulations.gov or at the so long as the patented item (human The https://www.regulations.gov Dockets Management Staff between 9 drug product, animal drug product, electronic filing system will accept a.m. and 4 p.m., Monday through medical device, food additive, or color comments until midnight Eastern Time Friday. additive) was subject to regulatory at the end of April 9, 2018. Comments • Confidential Submissions—To review by FDA before the item was received by mail/hand delivery/courier submit a comment with confidential marketed. Under these acts, a product’s (for written/paper submissions) will be information that you do not wish to be regulatory review period forms the basis considered timely if they are made publicly available, submit your for determining the amount of extension postmarked or the delivery service comments only as a written/paper an applicant may receive.

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A regulatory review period consists of 505(b) of the FD&C Act: July 26, 2012. ACTION: Notice. two periods of time: A testing phase and FDA has verified the applicant’s claim an approval phase. For human drug that the new drug application (NDA) for SUMMARY: In compliance with the products, the testing phase begins when JUBLIA (NDA 203567) was initially requirement of the Paperwork the exemption to permit the clinical submitted on July 26, 2012. Reduction Act of 1995, the Office of the investigations of the drug becomes 3. The date the application was Secretary (OS), Department of Health effective and runs until the approval approved: June 6, 2014. FDA has and Human Services, is publishing the phase begins. The approval phase starts verified the applicant’s claim that NDA following summary of a proposed with the initial submission of an 203567 was approved on June 6, 2014. collection for public comment. application to market the human drug This determination of the regulatory DATES: Comments on the ICR must be product and continues until FDA grants review period establishes the maximum received on or before March 12, 2018. permission to market the drug product. potential length of a patent extension. ADDRESSES: Submit your comments to Although only a portion of a regulatory However, the USPTO applies several [email protected] or via review period may count toward the statutory limitations in its calculations facsimile to (202) 395–5806. actual amount of extension that the of the actual period for patent extension. FOR FURTHER INFORMATION CONTACT: Director of USPTO may award (for In its application for patent extension, Sherrette Funn, [email protected] example, half the testing phase must be this applicant seeks 1,601 days of patent or (202) 795–7714. When requesting subtracted as well as any time that may term extension. information, please include the have occurred before the patent was III. Petitions document identifier 0937–0191–30D issued), FDA’s determination of the and project title for reference. length of a regulatory review period for Anyone with knowledge that any of SUPPLEMENTARY INFORMATION: Interested a human drug product will include all the dates as published are incorrect may persons are invited to send comments of the testing phase and approval phase submit either electronic or written regarding this burden estimate or any as specified in 35 U.S.C. 156(g)(1)(B). comments and, under 21 CFR 60.24, ask other aspect of this collection of FDA has approved for marketing the for a redetermination (see DATES). information, including any of the human drug product JUBLIA Furthermore, as specified in § 60.30 (21 following subjects: (1) The necessity and (efinaconazole). JUBLIA is indicated for CFR 60.30), any interested person may utility of the proposed information the topical treatment of onychomycosis petition FDA for a determination collection for the proper performance of of the toenails due to Tricophyton regarding whether the applicant for the agency’s functions; (2) the accuracy rubrum and Trichophyton extension acted with due diligence of the estimated burden; (3) ways to mentagrophytes. Subsequent to this during the regulatory review period. To enhance the quality, utility, and clarity approval, the USPTO received a patent meet its burden, the petition must of the information to be collected; and term restoration application for JUBLIA comply with all the requirements of (4) the use of automated collection (U.S. Patent No. 7,214,506) from Kaken § 60.30, including but not limited to: techniques or other forms of information Pharmaceutical Co., Ltd., and the Must be timely (see DATES), must be technology to minimize the information USPTO requested FDA’s assistance in filed in accordance with § 10.20, must determining this patent’s eligibility for collection burden. contain sufficient facts to merit an FDA Title of the Collection: Application patent term restoration. In a letter dated investigation, and must certify that a November 4, 2015, FDA advised the packets for Real Property for Public true and complete copy of the petition Health Purposes. USPTO that this human drug product has been served upon the patent had undergone a regulatory review Type of Collection: Revision. applicant. (See H. Rept. 857, part 1, 98th OMB No.: 0937–0191–30D—Office period and that the approval of JUBLIA Cong., 2d sess., pp. 41–42, 1984.) represented the first permitted within OS—Office of Assistant Petitions should be in the format Secretary for Administration, Program commercial marketing or use of the specified in 21 CFR 10.30. product. Thereafter, the USPTO Support Center, Real Estate, Logistics Submit petitions electronically to and Operations Support, Federal requested that FDA determine the https://www.regulations.gov at Docket product’s regulatory review period. Property Assistance Program. No. FDA–2013–S–0610. Submit written Abstract: The Office of Assistant II. Determination of Regulatory Review petitions (two copies are required) to the Secretary for Administration, Program Period Dockets Management Staff (HFA–305), Support Center Federal Property Food and Drug Administration, 5630 FDA has determined that the Assistance Program is requesting Fishers Lane, Rm. 1061, Rockville, MD applicable regulatory review period for approval by OMB on a revision. Cited, 20852. JUBLIA is 2,521 days. Of this time, 40 U.S.C. 550, as amended, provides 1,840 days occurred during the testing Dated: January 31, 2018. authority to the Secretary of Health and phase of the regulatory review period, Leslie Kux, Human Services to convey or lease while 681 days occurred during the Associate Commissioner for Policy. surplus real property to States and their approval phase. These periods of time [FR Doc. 2018–02522 Filed 2–7–18; 8:45 am] political subdivisions and were derived from the following dates: BILLING CODE 4164–01–P instrumentalities, to tax-supported 1. The date an exemption under institutions, and to nonprofit section 505(i) of the Federal Food, Drug, institutions which, (except for and Cosmetic Act (the FD&C Act) (21 DEPARTMENT OF HEALTH AND institutions which lease property to U.S.C. 355(i)) became effective: July 14, HUMAN SERVICES assist the homeless) have been held 2007. FDA has verified the applicant’s exempt from taxation under Section [Document Identifier: 0937–0191–30D] claim that the date the investigational 501(c)(3) of the 1954 Internal Revenue new drug application (IND) became Agency Information Collection Code, and 501(c)(19) for veterans effective was on July 14, 2007. Request. 30-Day Public Comment organizations, for public health 2. The date the application was Request purposes. Title V of the McKinney- initially submitted with respect to the Vento Homeless Assistance Act (Title V) human drug product under section AGENCY: Office of the Secretary, HHS. extended the Secretary’s authority to

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include homeless assistance purposes as We are requesting that the collection determine if institutions/organizations a permissible use under public health. be valid for three years. are eligible to purchase, lease or use The Federal Asset and Transfer Act of Type of respondent: State and local property under the provisions of the 2016 (Pub. L. 114–287) streamlined the governments and non-profit institutions surplus real property program. Title V process bifurcating the use these applications to apply for Responds are intermittent—only when application process. Transfers are made excess/surplus, underutilized/ an eligible organization requests to transferees at little or no cost. unutilized and off-site government real acquisition of identified Federal surplus property. These applications are used to real property.

ESTIMATED ANNUALIZED BURDEN TABLE

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

Applications for surplus Federal real property ...... 15 1 200 3,000

Total ...... 15 1 200 3,000

Terry S. Clark, Name of Committee: National Center for DEPARTMENT OF HEALTH AND Office of the Secretary, Asst. Paperwork Advancing Translational Sciences Special HUMAN SERVICES Reduction Act Reports Clearance Officer. Emphasis Panel; TRND—Contract Review. [FR Doc. 2018–02477 Filed 2–7–18; 8:45 am] Date: March 7, 2018. National Institutes of Health BILLING CODE 4150–04–P Time: 1:00 p.m. to 4:30 p.m. Agenda: To review and evaluate contract Center for Scientific Review Notice of proposals. Closed Meetings DEPARTMENT OF HEALTH AND Place: National Institutes of Health, One Pursuant to section 10(d) of the HUMAN SERVICES Democracy Plaza, Room 1037, 6701 Democracy Boulevard, Bethesda, MD 20892 Federal Advisory Committee Act, as National Institutes of Health (Telephone Conference Call). amended, notice is hereby given of the Contact Person: Rahat (Rani) Khan, Ph.D., following meetings. National Center for Advancing Scientific Review Officer, Office of Scientific The meetings will be closed to the Translational Sciences; Notice of Review, National Center for Advancing public in accordance with the Closed Meetings Translational Sciences, 6701 Democracy provisions set forth in sections Blvd., Rm. 1078, Bethesda, MD 20892, 301– 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Pursuant to section 10(d) of the 894–7319, [email protected]. as amended. The grant applications and Federal Advisory Committee Act, as Name of Committee: National Center for the discussions could disclose amended, notice is hereby given of the Advancing Translational Sciences Special confidential trade secrets or commercial following meetings. Emphasis Panel; Platform Delivery property such as patentable material, The meetings will be closed to the Technologies for Nucleic Acid Therapeutics. and personal information concerning public in accordance with the Date: March 29, 2018. individuals associated with the grant provisions set forth in sections Time: 8:00 a.m. to 5:00 p.m. applications, the disclosure of which 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant would constitute a clearly unwarranted as amended. The grant applications and applications. invasion of personal privacy. the discussions could disclose Place: National Institutes of Health, One Name of Committee: Center for Scientific confidential trade secrets or commercial Democracy Plaza, Room 1065, 6701 Review Special Emphasis Panel; Member property such as patentable material, Democracy Boulevard, Bethesda, MD 20892 Conflict: Pain Mechanisms. and personal information concerning (Virtual Meeting). Date: March 1, 2018. individuals associated with the grant Contact Person: Carol Lambert, Ph.D., Time: 8:00 a.m. to 6:00 p.m. applications, the disclosure of which Acting Director, Office of Scientific Review, Agenda: To review and evaluate grant would constitute a clearly unwarranted National Center for Advancing Translational applications. invasion of personal privacy. Sciences (NCATS), National Institutes of Place: National Institutes of Health, 6701 Health, 6701 Democracy Blvd., Democracy 1, Name of Committee: National Center for Rockledge Drive, Bethesda, MD 20892, Advancing Translational Sciences Special Room 1076, Bethesda, MD 20892, 301–435– (Virtual Meeting). Emphasis Panel; R13 Conference Grants 0814, [email protected]. Contact Person: John Bishop, Ph.D., Review. (Catalogue of Federal Domestic Assistance Scientific Review Officer, Center for Date: March 6, 2018. Program Nos. 93.859, Pharmacology, Scientific Review, National Institutes of Time: 1:00 a.m. to 5:00 p.m. Physiology, and Biological Chemistry Health, 6701 Rockledge Drive, Room 5182, MSC 7844, Bethesda, MD 20892, (301) 408– Agenda: To review and evaluate grant Research; 93.350, B—Cooperative 9664, [email protected]. applications. Agreements; 93.859, Biomedical Research Place: National Institutes of Health, One and Research Training, National Institutes of Name of Committee: Center for Scientific Democracy Plaza, Room 1037, 6701 Health, HHS) Review Special Emphasis Panel; Member Democracy Boulevard, Bethesda, MD 20892 Conflict: Integrative Neuroscience. (Telephone Conference Call). Dated: February 1, 2018. Date: March 1, 2018. Contact Person: Rahat Khan, Ph.D., David Clary, Time: 1:00 p.m. to 5:00 p.m. Scientific Review Officer, Office of Scientific Agenda: To review and evaluate grant Program Analyst, Office of Federal Advisory Review, National Center for Advancing applications. Committee Policy. Translational Sciences, 6701 Democracy Place: National Institutes of Health, 6701 Blvd., Rm. 1078, Bethesda, MD 20892, 301– [FR Doc. 2018–02492 Filed 2–7–18; 8:45 am] Rockledge Drive, Bethesda, MD 20892, 594–7319, [email protected]. BILLING CODE 4140–01–P (Virtual Meeting).

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Contact Person: Jasenka Borzan, Ph.D., Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review Officer, Center for applications. Review Special Emphasis Panel; PAR Panel: Scientific Review, National Institutes of Place: The Alexandrian, Autograph High Throughput Screening. Health, 6701 Rockledge Drive, Room 4214, Collection, 480 King Street, Alexandria, VA Date: March 8–9, 2018. MSC 7814, Bethesda, MD 20892–7814, 301– 22314. Time: 9:00 a.m. to 3:00 p.m. 435–1787, [email protected]. Contact Person: Afia Sultana, Ph.D., Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review Officer, National Institutes applications. Review Special Emphasis Panel; of Health, Center for Scientific Review, 6701 Place: National Institutes of Health, 6701 Fellowships: Oncological Sciences. Rockledge Drive, Room 4189, Bethesda, MD Rockledge Drive, Bethesda, MD 20892, Date: March 5–6, 2018. 20892, (301) 827–7083, sultanaa@ (Virtual Meeting). Time: 8:00 a.m. to 5:00 p.m. mail.nih.gov. Contact Person: David Filpula, Ph.D., Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review Officer, Center for applications. Review Special Emphasis Panel; Scientific Review, National Institutes of Place: Suites at the Chevy Chase Pavilion, Fellowships: Brain Disorders and Related Health, 6701 Rockledge Drive, Room 6181, 4300 Military Road NW, Washington, DC Neurosciences. MSC 7892, Bethesda, MD 20892, 301–435– 20015. Date: March 8–9, 2018. 2902, [email protected]. Contact Person: Jian Cao, MD, Scientific Time: 8:00 a.m. to 6:00 p.m. Name of Committee: Center for Scientific Review Officer, Center for Scientific Review, Agenda: To review and evaluate grant Review Special Emphasis Panel; PAR–16– 6701 Rockledge Drive, Bethesda, MD 20892, applications. 044: Image-Guided Drug Delivery (R01). 301–827–5902, [email protected]. Place: Courtyard by Marriott, 5520 Date: March 8, 2018. Wisconsin Avenue, Chevy Chase, MD 20815. Name of Committee: Center for Scientific Time: 10:00 a.m. to 6:00 p.m. Contact Person: Vilen A. Movsesyan, Review Special Emphasis Panel; PAR Panel: Agenda: To review and evaluate grant Ph.D., Scientific Review Officer, Center for Drugs of Abuse and Motivated Behavior. applications. Scientific Review, National Institutes of Date: March 7–8, 2018. Place: National Institutes of Health, 6701 Health, 6701 Rockledge Drive, Room 4040M, Time: 8:00 a.m. to 6:00 p.m. Rockledge Drive, Bethesda, MD 20892. MSC 7806, Bethesda, MD 20892, 301–402– Agenda: To review and evaluate grant Contact Person: Guo Feng Xu, Ph.D., 7278, [email protected]. applications. Scientific Review Officer, Center for Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, Review Special Emphasis Panel; Health, 6701 Rockledge Drive, Room 5122, (Virtual Meeting). Fellowships: Sensory and Motor MSC 7854, Bethesda, MD 20892, 301–237– Contact Person: Michael Selmanoff, Ph.D., Neuroscience, Cognition and Perception. 9870, [email protected]. Date: March 8–9, 2018. Scientific Review Officer, Center for Name of Committee: Center for Scientific Time: 8:00 a.m. to 5:00 p.m. Scientific Review, National Institutes of Review Special Emphasis Panel; Member Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 5164, Conflict: Vocal Fold and Motor Disorders. applications. MSC 7844, Bethesda, MD 20892, 301–435– Date: March 8, 2018. Place: Bahia Resort Hotel, 998 West 1119, [email protected]. Time: 3:00 p.m. to 5:30 p.m. Mission Bay Drive, San Diego, CA 92109. Name of Committee: AIDS and Related Contact Person: Sharon S. Low, Ph.D., Agenda: To review and evaluate grant Research Integrated Review Group; AIDS- Scientific Review Officer, Center for applications. associated Opportunistic Infections and Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Cancer Study Section. Health, 6701 Rockledge Drive, Room 5104, Rockledge Drive, Bethesda, MD 20892, Date: March 8, 2018. MSC 7846, Bethesda, MD 20892, 301–237– (Telephone Conference Call). Time: 8:00 a.m. to 5:00 p.m. 1487, [email protected]. Contact Person: Unja Hayes, Ph.D., Agenda: To review and evaluate grant Scientific Review Officer, National Institutes applications. Name of Committee: Center for Scientific of Health, Center for Scientific Review, 6701 Place: The Westgate Hotel, 1055 Second Review Special Emphasis Panel; Rockledge Drive, Bethesda, MD 20892, 301– Fellowships: Physiology and Pathobiology of Avenue, San Diego, CA 92101. 827–6830, [email protected]. Cardiovascular and Respiratory Systems. Contact Person: Eduardo A. Montalvo, Date: March 8–9, 2018. Name of Committee: Center for Scientific Ph.D., Scientific Review Officer, Center for Time: 8:00 a.m. to 5:00 p.m. Review Special Emphasis Panel; Scientific Review, National Institutes of Agenda: To review and evaluate grant Fellowships: Physiology and Pathobiology of Health, 6701 Rockledge Drive, Room 5108, applications. Cardiovascular and Respiratory Systems. MSC 7852, Bethesda, MD 20892, (301) 435– Place: Embassy Suites at the Chevy Chase Date: March 9, 2018. 1168, [email protected]. Pavilion, 4300 Military Road NW, Time: 8:00 a.m. to 6:00 p.m. Name of Committee: Center for Scientific Washington, DC 20015. Agenda: To review and evaluate grant Review Special Emphasis Panel; Small Contact Person: Katherine M. Malinda, applications. Business: Aging and Development, Auditory, Ph.D., Scientific Review Officer, Center for Agenda: Ritz-Carlton Pentagon City, 1250 Vision and Low Vision Technologies. Scientific Review, National Institutes of South Hayes Street, Arlington, VA 22202. Date: March 8–9, 2018. Health, 6701 Rockledge Drive, Room 4140, Contact Person: Abdelouahab Aitouche, Time: 8:00 a.m. to 5:00 p.m. MSC 7814, Bethesda, MD 20892, 301–435– Ph.D., Scientific Review Officer, Center for Agenda: To review and evaluate grant 0912, [email protected]. Scientific Review, National Institutes of applications. Name of Committee: AIDS and Related Health, 6701 Rockledge Drive, Room 4222, Place: Torrance Redondo Beach Marriott, Research Integrated Review Group; MSC 7812, Bethesda, MD 20892, 301–435– 3635 Fashion Way, Torrance, CA 90503. Behavioral and Social Science Approaches to 2365, [email protected]. Contact Person: Paek-Gyu Lee, Ph.D., Preventing HIV/AIDS Study Section. Name of Committee: Center for Scientific Scientific Review Officer, Center for Date: March 8–9, 2018. Review Special Emphasis Panel; RFA Panel: Scientific Review, National Institutes of Time: 8:00 a.m. to 5:00 p.m. Understanding Structure and Function of Health, 6701 Rockledge Drive, Room 4201, Agenda: To review and evaluate grant CNS Small Blood and Lymphatic Vessels: MSC 7812, Bethesda, MD 20892, (301) 613– applications. Technology and Approach Innovation, Target 2064, [email protected]. Place: Grand Hyatt Seattle, 721 Pine Street, Identification, Biomarkers, and Disease Name of Committee: Center for Scientific Seattle, WA 98101. Mechanisms. Review Special Emphasis Panel; RFA–AA– Contact Person: Jose H. Guerrier, Ph.D., Date: March 9, 2018. 18–007—Dynamic Neuroimmune Scientific Review Officer, Center for Time: 8:00 a.m. to 7:00 p.m. Interactions in the Transition from Normal Scientific Review, National Institutes of Agenda: To review and evaluate grant CNS Function to Disorders. Health, 6701 Rockledge Drive, Room 5222, applications. Date: March 8–9, 2018. MSC 7852, Bethesda, MD 20892, 301–435– Place: St. Gregory Hotel, 2033 M Street Time: 8:00 a.m. to 5:00 p.m. 1137, [email protected]. NW, Washington, DC 20036.

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Contact Person: Wei-Qin Zhao, Ph.D., For IACC Public Comment guidelines received after the 5:00 p.m. ET, April Scientific Review Officer, Center for please see: https://iacc.hhs.gov/meetings/ 10, 2018 deadline through April 17, Scientific Review, National Institutes of public-comments/guidelines/. 2018 will be provided to the Committee Health, 6701 Rockledge Drive, Room 5181, Access: Medical Center (Red Line Metro) in either before or after the meeting, combination with a 26-minute walk or short MSC 7846, Bethesda, MD 20892–7846, 301– depending on the volume of comments 827–7238, [email protected]. taxi ride; parking available at the hotel for a fee of our about ($16.00). received and the time required to (Catalogue of Federal Domestic Assistance process them in accordance with Program Nos. 93.306, Comparative Medicine; Contact Person: Ms. Angelice Mitrakas, 93.333, Clinical Research, 93.306, 93.333, Office of Autism Research Coordination, privacy regulations and other applicable 93.337, 93.393–93.396, 93.837–93.844, National Institute of Mental Health, NIH, Federal policies. All written public 93.846–93.878, 93.892, 93.893, National 6001 Executive Boulevard, Room 6182A, comments and oral public comment Institutes of Health, HHS) Bethesda, MD 20892–9669, Phone: 301–435– statements received by the deadlines for 9269, Email: IACCPublicInquiries@ Dated: February 2, 2018. both oral and written public comments mail.nih.gov. will be provided to the IACC for their Sylvia L. Neal, Public Comments consideration and will become part of Program Analyst, Office of Federal Advisory the public record. Attachments of Any member of the public interested Committee Policy. copyrighted publications are not in presenting oral comments to the [FR Doc. 2018–02491 Filed 2–7–18; 8:45 am] permitted, but web links or citations for IACC must notify the Contact Person BILLING CODE 4140–01–P any copyrighted works cited may be listed on this notice by 5:00 p.m. ET on provided. Friday, April 6, 2018 with their request In the 2016–2017 IACC Strategic Plan, DEPARTMENT OF HEALTH AND to present oral comments at the meeting, the IACC listed the ‘‘Spirit of HUMAN SERVICES and a written/electronic copy of the oral Collaboration’’ as one of its core values, presentation/statement must be stating that, ‘‘We will treat others with National Institutes of Health (NIH) submitted by 5:00 p.m. ET on Tuesday, respect, listen with open minds to the April 10, 2018. diverse views of people on the autism National Institute of Mental Health A limited number of slots for oral (NIMH) Notice of Meeting spectrum and their families, comment are available, and in order to thoughtfully consider community input, ensure that as many different Pursuant to section 10(a) of the and foster discussions where individuals are able to present Federal Advisory Committee Act, as participants can comfortably where throughout the year as possible, any amended, notice is hereby given of an participants can comfortably offer given individual only will be permitted Interagency Autism Coordinating opposing opinions.’’ In keeping with to present oral comments once per Committee (IACC or Committee) this core value, the IACC and the NIMH calendar year (2018). Only one meeting. Office of Autism Research Coordination representative of an organization will be The purpose of the IACC meeting is (OARC) ask that members of the public allowed to present oral comments in who provide public comments or to discuss business, agency updates, and any given meeting; other representatives issues related to autism spectrum participate in meetings of the IACC also of the same group may provide written seek to treat others with respect and disorder (ASD) research and services comments. If the oral comment session activities. The meeting will be open to consideration in their communications is full, individuals who could not be and actions, even when discussing the public and will be accessible by accommodated are welcome to provide webcast and conference call. issues of genuine concern or written comments instead. Comments to disagreement. Name of Committee: Interagency Autism be read or presented in the meeting will Coordinating Committee. be assigned a 3–5 minute time slot Remote Access Type of Meeting: Open Meeting. depending on the number of comments, The meeting will be open to the Date: Thursday, April 19, 2018. but a longer version may be submitted Time: 9:00 a.m. to 5:00 p.m. * Eastern Time public through a conference call phone * Approximate end time. in writing for the record. Commenters number and webcast live on the Agenda: To discuss business, updates, and going beyond their allotted time in the internet. Members of the public who issues related to ASD research and services meeting may be asked to conclude participate using the conference call activities. immediately in order to allow other phone number will be able to listen to Place: Bethesda Marriott Hotel, 5151 Pooks comments and presentations to proceed the meeting but will not be heard. If you Hill Road, Bethesda, MD 20814. on schedule. experience any technical problems with Webcast Live: https://videocast.nih.gov. Any interested person may submit the webcast or conference call, please Conference Call: Dial: 800–857–9791. written public comments to the IACC send an email to IACCPublicInquiries@ Access: Access code: 8959122. prior to the meeting by emailing the mail.nih.gov or call 240–668–0302. Cost: The meeting is free and open to the comments to IACCPublicInquiries@ public. Individuals wishing to participate in Registration: A registration web link will mail.nih.gov or by submitting comments person or by using these electronic be posted on the IACC website at the web link: https://iacc.hhs.gov/ services and who need special (www.iacc.hhs.gov) prior to the meeting. Pre- meetings/public-comments/submit/ assistance, such as captioning of the registration is recommended to expedite index.jsp by 5:00 p.m. ET on Tuesday, conference call or other reasonable check-in. Seating in the meeting room is April 10, 2018. The comments should accommodations, should submit a limited to room capacity and on a first come, include the name, address, telephone request to the Contact Person listed on first served basis. Onsite registration will also number, and when applicable, the this notice at least five days prior to the be available. business or professional affiliation of meeting. Deadlines: Notification of intent to present the interested person. NIMH anticipates oral comments: Friday, April 6, 2018 by 5:00 Security p.m. ET, Submission of written/electronic written public comments received by statement for oral comments: Tuesday, April 5:00 p.m. ET on Tuesday, April 10, 2018 Visitors will be asked to sign in and 10, 2018 by 5:00 p.m. ET, Submission of will be presented to the Committee prior show one form of identification (for written comments: Tuesday, April 10, 2018 to the meeting for the Committee’s example, a government-issued photo ID, by 5:00 p.m. ET. consideration. Any written comments driver’s license, or passport) at the

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meeting registration desk during the online, under docket USCG–2017–1006, Register a list of the vessels described check-in process. Pre-registration is using the Federal eRulemaking Portal at above. The list will be publicly available recommended. Seating will be limited http://www.regulations.gov. on the NVMC website at to the room capacity and seats will be If you have questions about this www.nvmc.uscg.gov/CAATSA.aspx, on a first come, first served basis, with notice, call or email the Coast Guard’s beginning on February 2, 2018, and the expedited check-in for those who are Headquarters Foreign & Offshore Vessel Coast Guard will periodically publish a pre-registered. Compliance Division, 202–372–1232, notice of availability in the Federal Meeting schedule subject to change. [email protected]. Register announcing updates. Information about the IACC is SUPPLEMENTARY INFORMATION: On August Upon receiving an advance notice of available on the website: http:// 2, 2017, the President signed into law arrival under 33 U.S.C. 1223(a)(5) from www.iacc.hhs.gov. the Countering America’s Adversaries a vessel on the list, the Coast Guard will Dated: February 2, 2018. Through Sanctions Act (CAATSA).1 The notify the vessel master that the vessel Melanie Pantoja, law amends the North Korea Sanctions may not enter or operate in the 2 Program Analyst, Office of Federal Advisory and Policy Enhancement Act of 2016 navigable waters of the United States, or Committee Policy. and the Ports and Waterways Safety Act transfer cargo in any port or place under 3 [FR Doc. 2018–02493 Filed 2–7–18; 8:45 am] (PWSA). Section 315 of CAATSA adds the jurisdiction of the United States, unless otherwise allowed by law. The BILLING CODE 4140–01–P § 16 to the Ports and Waterways Safety Act. This new section requires the Ports and Waterways Safety Act, as Secretary of the Department in which amended by CAATSA, provides for limited entry in certain circumstances, DEPARTMENT OF HOMELAND the Coast Guard is operating, with the such as a specific determination from SECURITY concurrence of the Secretary of State, to maintain timely information on the the U.S. Secretary of State, and does not Coast Guard registrations of all foreign vessels over restrict the right of innocent passage or 300 gross tons that are known to be any the right of transit passage as recognized [Docket No. USCG–2017–1006] of the following: under international law. (1) Owned and operated by or on This notice is issued under authority List of Vessels Prohibited From behalf of the Government of North of 5 U.S.C. 552(a), § 315 of Public Law Entering or Operating Within the Korea or a North Korean person. 115–44, and DHS Delegation Navigable Waters of the United States, (2) Owned or operated by or on behalf 0170.1(II)(70). Pursuant to the Ports and Waterways of any country identified by the Dated: February 2, 2018. Safety Act, as Amended by the President as a country that has not Jennifer F. Williams, Countering America’s Adversaries complied with the applicable United Through Sanctions Act Nations Security Council resolutions (as Captain, U.S. Coast Guard, Director of Inspections and Compliance. AGENCY: such term is defined in 22 U.S.C. 9202). Coast Guard, DHS. [FR Doc. 2018–02536 Filed 2–7–18; 8:45 am] ACTION: Notice of availability. (3) Owned or operated by or on behalf of any country in which a sea port is BILLING CODE 9110–04–P SUMMARY: This document announces the located, the operator of which the availability of a list of vessels that are President has identified in the most DEPARTMENT OF HOMELAND generally prohibited from entering the recent report submitted under 22 U.S.C. SECURITY navigable waters of the United States or 9225(a)(1)(A). As revised by section 314 transferring cargo in the United States. of CAATSA, § 9225(a)(1) states that the Coast Guard The list, which is developed by the President shall submit a report to Department of State, will be publicly Congress of countries and ports that [Docket No. USCG–2018–0042] available on the Coast Guard National knowingly do any of the following: (a) Vessel Movement Center (NVMC) Significantly fail to implement or Chemical Transportation Advisory website at www.nvmc.uscg.gov/ enforce regulations to inspect ships, Committee CAATSA.aspx and will be updated aircraft, cargo, or conveyances in transit periodically on the website. The Ports to or from North Korea, as required by AGENCY: Coast Guard, Department of and Waterways Safety Act, as amended applicable United Nations Security Homeland Security. by the Countering America’s Council resolutions; (b) facilitate the ACTION: Notice of Federal Advisory Adversaries Through Sanctions Act transfer, transshipment, or conveyance Committee meeting. (CAATSA) generally prohibits the entry of significant types or quantities of of vessels on this list, and generally cargo, vessels, or aircraft owned or SUMMARY: The Chemical Transportation prohibits the entry of vessels registered controlled by persons designated under Advisory Committee and its to a Flag State that retains in its registry applicable United Nations Security subcommittees will meet in Houston, a vessel identified on this list 180 days Council resolutions; or (c) facilitate any TX, to discuss committee matters after the most recent publication. The of the activities described in section relating to the safe and secure marine CAATSA amendment also generally 104(a) of the North Korea Sanctions and transportation of hazardous materials. prohibits such vessels from transferring Policy Enhancement Act of 2016. These meetings will be open to the cargo in any port or place under the Not later than 180 days after the date public. jurisdiction of the United States. of the enactment of CAATSA, and DATES: The Chemical Transportation DATES: The list of vessels will be periodically thereafter, the Coast Guard Advisory Committee subcommittees available on February 2, 2018, and will is required to publish in the Federal will meet on Tuesday, March 6, 2018, be updated periodically thereafter. from 9 a.m. to 5 p.m.; and on 1 ADDRESSES: Public Law 115–44, August 2, 2017, 131 Stat The list of prohibited 886. Wednesday, March 7, 2018, from 9 a.m. vessels will be available online at 2 Public Law 114–122, February 18, 2016, 130 to 5 p.m. The full Committee will meet www.nvmc.uscg.gov/CAATSA.aspx. Stat 93. on Thursday, March 8, 2017, from 9 This notice of availability can be viewed 3 33 U.S.C. 1221 et seq. a.m. to 5 p.m. Please note that the

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meetings may close early if the www.regulations.gov, including any (4) Task Statement 16–01: Hazardous committee has completed its business. personal information provided. You Cargo Transportation Security ADDRESSES: The meeting will be held at may review the Privacy Act and Subcommittee. United States Coast Guard Sector Security Notice for the Federal Docket (5) Task Statement 17–02: Input to Houston-Galveston, 13411 Hilliard St., Management System at https:// Support Regulatory Reform of Coast Houston, TX 77034, https:// regulations.gov/privacyNotice. Guard Regulations—Executive Orders homeport.uscg.mil/port-directory/ Docket Search: For access to the 13771 and 13783. houston-galveston docket to read documents or comments The task statements from the last Pre-registration Information: Pre- related to this notice, go to https:// committee meeting are located at registration is required for access to www.regulations.gov, type ‘‘USCG– Homeport at the following address: Sector Houston-Galveston. Foreign 2018–0042’’ in the ‘‘Search’’ box, press https://homeport.uscg.mil/missions/ nationals participating will be required Enter, and then click on the item you ports-and-waterways/safety-advisory- to pre-register no later than noon on wish to view. committees/ctac/subcommittees-and- February 2, 2018, to be admitted to the working-groups. FOR FURTHER INFORMATION CONTACT: The agenda for each subcommittee meeting. U.S. citizens participating will Lieutenant Commander Julie be required to pre-register no later than meeting will include the following: Blanchfield, Alternate Designated 1. Review subcommittee task noon on February 20, 2018, to be Federal Officer of the Chemical statements. admitted to the meeting. To pre-register, Transportation Advisory Committee, 2. Work on tasks assigned in task contact Lieutenant Commander Julie 2703 Martin Luther King Jr. Ave. SE, statements mentioned above. Blanchfield at julie.e.blanchfield@ Stop 7509, Washington, DC 20593– 3. Public comment period. uscg.mil or (202) 372–1419. You will be 7509, Telephone 202–372–1419, Fax 4. Discuss and prepare any proposed asked to provide your name, telephone 202–372–8380, or julie.e.blanchfield@ recommendations for the Chemical number, email, and company or group uscg.mil. Transportation Advisory Committee with which you are affiliated. If a meeting on March 8, 2018, on tasks foreign national, you must provide your SUPPLEMENTARY INFORMATION: The assigned in detailed task statements country of citizenship, passport country, Chemical Transportation Advisory mentioned above. country of residence, place of birth, Committee is established under the passport number, and passport authority of Section 871 of the Full Committee Meeting on March 8, expiration date. All attendees will be Homeland Security Act of 2002, Title 6, 2018 required to provide a REAL–ID Act United States Code, section 451. This The agenda for the Chemical compliant government-issued picture Committee is established in accordance Transportation Committee meeting on identification card in order to gain with and operates under the provisions Thursday, March 8, 2018, is as follows: admittance to the base. For information of the Federal Advisory Committee Act 1. Introductions and opening remarks. on REAL ID and to check the (Title 5, United States Code, Appendix). 2. Swear in newly appointed compliance status of your state/territory, The Chemical Transportation committee members, and thank please see https://www.dhs.gov/real-id Advisory Committee will advise, outgoing members. and https://www.dhs.gov/real-id-public- consult with, and make 3. Review of October 5, 2017, meeting faqs. recommendations reflecting its minutes and status of task items. For information on facilities or independent judgment to the 4. Coast Guard Leadership Remarks. services for individuals with disabilities Commandant of the United States Coast 5. Chairman’s and Designated Federal or to request special assistance at the Guard on matters concerning the safe Officer’s remarks. meeting, contact the Alternate and secure marine transportation of 6. Committee will review, discuss, Designated Federal Officer as soon as hazardous materials, including industry and formulate recommendations on the possible using the contact information outreach approaches. The Chemical following items: a. Task Statement 13–03: Safety provided in the FOR FURTHER Transportation Advisory Committee Standards for the Design of Vessels INFORMATION CONTACT section of this will respond to specific assignments Carrying Natural Gas or Using Natural notice. and may conduct studies, inquiries, Gas as Fuel. Instructions: You are free to submit workshops, and seminars as the b. Task Statement 15–01: Marine comments at any time, including orally Commandant may authorize or direct. Vapor Control System subcommittee. at the meetings, but if you want Agendas of Meetings c. Task Statement 16–01: Hazardous committee members to review your Cargo Transportation Security comment before the meeting, please Subcommittee Meetings on March 6 and subcommittee. submit your comments no later than 7, 2018 d. Task Statement 17–01: Hazardous February 28, 2018. We are particularly The subcommittee meetings will Substance Response Plans for Tank interested in comments on the issues in separately address the following tasks: Vessels and Facilities. the ‘‘Agenda’’ section below. You must e. Task Statement 17–02: Input to (1) Task Statement 13–03: Safety include ‘‘Department of Homeland Support Regulatory Reform of Coast Standards for the Design of Vessels Security’’ and docket number USCG– Guard Regulations—Executive Orders Carrying Natural Gas or Using Natural 2018–0042. Written comments must be 13771 and 13783. submitted using the Federal Gas as Fuel. 7. United States Coast Guard update eRulemaking Portal at http:// (2) Task Statement 15–01: Marine on International Maritime Organization www.regulations.gov. If you encounter Vapor Control System Certifying activities as they relate to the marine technical difficulties with comment Entities Guidelines update and Vapor transportation of hazardous materials. submission, contact the individual in Control System supplementary guidance 8. Presentation of interest related to the FOR FURTHER INFORMATION CONTACT for the implementation of the final rule. safe and secure shipment of hazardous section of this document. Comments (3) Task Statement 17–01: Hazardous materials. received will be posted without Substance Response Plans for Tank 9. New business and subcommittee alteration at https:// Vessels and Facilities. recommendation discussion.

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10. Set next meeting date and and milestones required to effectively private members, and includes location. and efficiently map flood risk areas in geographic diversity. 11. Set subcommittee meeting the United States. Applicants will be FEMA is requesting qualified schedule. considered for one of ten vacancies on individuals who are interested in 12. Public comment period. the TMAC. Appointments will be for serving on the TMAC to apply for 13. Adjournment of meeting. terms beginning October 1, 2018, and appointment. Applicants will be A copy of all meeting documentation lasting two years. considered for appointment for ten will be available at https:// DATES: vacancies on the TMAC, the terms of homeport.uscg.mil/missions/ports-and- Applications will be accepted until 11:59 p.m. EST on March 12, 2018. which start on October 1, 2018. Certain waterways/safety-advisory-committees/ members of the TMAC, as indicated ADDRESSES: ctac/full-committee-meetings no later Applications for below, will be appointed to serve as than March 2, 2018. Alternatively, you membership should be submitted by Special Government Employees (SGE) may contact Lieutenant Commander one of the following methods: • as defined in section 202(a) of title 18 Julie Blanchfield as noted in the FOR Email: FEMA–TMAC@ United States Code. Candidates selected FURTHER INFORMATION CONTACT section fema.dhs.gov. for appointment as SGEs are required to • above. Mail: FEMA, Federal Insurance and complete a Confidential Financial A public comment period will be held Mitigation Administration, Risk Disclosure Form (Office of Government during each subcommittee and the full Management Directorate, Attn: Mark Ethics (OGE) Form 450). This form can committee meeting concerning matters Crowell, 400 C Street SW, Suite 313, be obtained by visiting the website of being discussed. Public comments will Washington, DC 20472–3020. the Office of Government Ethics (http:// be limited to 3 minutes per speaker. FOR FURTHER INFORMATION CONTACT: www.oge.gov). Please do not submit this Please note that the public comment Mark Crowell (Designated Federal form with your application. Qualified period may end before the time Officer for the TMAC); FEMA, Federal applicants will be considered for one or indicated, following the last call for Insurance and Mitigation more of the following membership comments. Please contact the individual Administration, Risk Management categories with vacancies: listed in the FOR FURTHER INFORMATION Directorate, 400 C Street SW, Suite 313, a. One representative of a State CONTACT section, to register as a speaker. Washington, DC 20472–3020; telephone: government agency that has entered into Please note the meeting may adjourn (202) 646–3432; and email: FEMA– a cooperating technical partnership with early if the work is completed. [email protected]. The TMAC the FEMA Administrator and has Dated: February 5, 2018. website is: http://www.fema.gov/TMAC. demonstrated the capability to produce Jeffrey G. Lantz, SUPPLEMENTARY INFORMATION: The FIRMs; Director of Commercial Regulations and TMAC is an advisory committee that b. One member of a recognized Standards. was established by the Biggert-Waters professional surveying association or [FR Doc. 2018–02510 Filed 2–7–18; 8:45 am] Flood Insurance Reform Act of 2012, 42 organization (SGE appointment); BILLING CODE 9110–04–P U.S.C. 4101a, and in accordance with c. One member of a recognized provisions of the Federal Advisory professional mapping association or Committee Act (FACA), 5 U.S.C. App. organization (SGE appointment); DEPARTMENT OF HOMELAND (Pub. L. 92–463). The TMAC is required d. One member of a recognized SECURITY to make recommendations to FEMA on professional engineering association or mapping-related issues and activities. organization (SGE appointment); Federal Emergency Management e. One representative of a State This includes mapping standards and Agency national flood insurance coordination guidelines, performance metrics and office; [Docket ID FEMA–2014–0022] milestones, map maintenance, f. Two representatives of local interagency and intergovernmental government agency that has entered into Technical Mapping Advisory Council coordination, map accuracy, funding a cooperating technical partnership with strategies, and other mapping-related AGENCY: Federal Emergency the FEMA Administrator and has issues and activities. In addition, the Management Agency, DHS. demonstrated the capability to produce TMAC is required to submit an annual ACTION: Committee management; request FIRMs; for applicants for appointment to the report to the FEMA Administrator that g. One member of a recognized Federal Emergency Management contains: (1) A description of the floodplain management association or Agency’s Technical Mapping Advisory activities of the Council; (2) an organization (SGE appointment); Council. evaluation of the status and h. One member of a recognized risk performance of flood insurance rate management association or organization SUMMARY: The Federal Emergency maps and mapping activities to revise (SGE appointment); and Management Agency (FEMA) is and update Flood Insurance Rate Maps; i. One State mitigation officer (SGE requesting qualified individuals and (3) a summary of recommendations appointment). interested in serving on the Technical made by the Council to the FEMA Members of the TMAC serve terms of Mapping Advisory Council (TMAC) to Administrator. office for two years. There is no apply for appointment. As provided for Members of the TMAC will be application form. However, applications in the Biggert-Waters Flood Insurance appointed based on their demonstrated must include the following information: Reform Act of 2012, the TMAC makes knowledge and competence regarding • The applicant’s full name, recommendations to the FEMA surveying, cartography, remote sensing, • home and business phone numbers, Administrator on how to improve, in a geographic information systems, or the • preferred email address, cost-effective manner, the accuracy, technical aspects of preparing and using • home and business mailing general quality, ease of use, and FIRMs. To the maximum extent addresses, distribution and dissemination of flood practicable, FEMA will ensure that • current position title and insurance rate maps (FIRMs) and risk membership of the TMAC has a balance organization, data; and improve performance metrics of Federal, State, local, Tribal, and • resume or curriculum vitae, and

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• the membership category of interest will describe the nature of the Management Sub-grant; FEMA Form (e.g., member of a recognized information collection, the categories of 078–0–2, Principal Advisor’s Report. professional association or organization respondents, the estimated burden (i.e., Abstract: The information collection representing flood hazard determination the time, effort and resources used by is required to make grant eligibility firms). respondents to respond) and cost, and determinations for the Fire Management Applicants can submit a cover letter the actual data collection instruments Assistance Grant Program (FMAGP). along with their resume to the listed FEMA will use. FEMA is publishing this These eligibility-based grants and contact (i.e. the POC listed in the notice to correct a misstatement in a subgrants provide assistance to any Further Information section of the FR previous notice that this collection was eligible State, Indian tribal government, notice). a reinstatement, with change, of a or local government for the mitigation, The TMAC shall meet as often as currently approved information management, and control of a fire on needed to fulfill its mission, but not less collection. This collection is actually public or private forest land or grassland than twice a year. Members may be being submitted to the Office of that is threatening such destruction as reimbursed for travel and per diem Management of Budget for review and would constitute a major disaster. The incurred in the performance of their clearance as an extension, without data/information gathered in the forms duties as members of the TMAC. All change, of a currently approved is used to determine the severity of the travel for TMAC business must be collection. threatening fire, current and forecast approved in advance by the Designated DATES: Comments must be submitted on weather conditions, and associated Federal Officer. or before February 26, 2018. factors related to the fire and its The Department of Homeland ADDRESSES: potential threat as a major disaster. Security (DHS) does not discriminate in Submit written comments on the proposed information collection Affected Public: State, local, or Tribal employment on the basis of race, color, to the Office of Information and Government. religion, sex, national origin, political Regulatory Affairs, Office of affiliation, sexual orientation, gender Estimated Number of Respondents: Management and Budget. Comments identity, marital status, disability and 178. should be addressed to the Desk Officer genetic information, age, membership in Estimated Number of Responses: 553. for the Department of Homeland an employee organization, or other non- Estimated Total Annual Burden Security, Federal Emergency merit factor. DHS strives to achieve a Hours: 811. Management Agency, and sent via widely diverse candidate pool for all its electronic mail to dhsdeskofficer@ Estimated Total Annual Respondent recruitment actions. Current DHS and omb.eop.gov. Cost: The estimated annual cost to FEMA employees will not be considered respondents for the hour burden is for membership. Federally registered FOR FURTHER INFORMATION CONTACT: $56,281. lobbyists will not be considered for SGE Requests for additional information or Estimated Respondents’ Operation appointments. copies of the information collection and Maintenance Costs: There are no should be made to Director, Records Dated: January 31, 2018. annual costs to respondents operations Management Division, 500 C Street SW, Roy Wright, and maintenance costs for technical Washington, DC 20472, email address services. Associate Administrator, Federal Insurance FEMA-Information-Collections- and Mitigation Administration. Estimated Respondents’ Capital and [email protected] or Allen Start-Up Costs: There is no annual start- [FR Doc. 2018–02486 Filed 2–7–18; 8:45 am] Wineland, FMAG Program Manager, up or capital costs. BILLING CODE 9110–12–P Office of Response & Recovery, FEMA, (202) 702–1472. Estimated Total Annual Cost to the Federal Government: The cost to the SUPPLEMENTARY INFORMATION: This DEPARTMENT OF HOMELAND Federal Government is $612,370. SECURITY proposed information collection notice previously published in the Federal Comments Register on January 26, 2018 at 83 FR Federal Emergency Management Comments may be submitted as Agency 3763 with a 30 day public comment period. The notice incorrectly stated indicated in the ADDRESSES caption [Docket ID: FEMA–2017–0028; OMB No. that this collection was a reinstatement, above. Comments are solicited to (a) 1660–0058] with change, of a currently approved evaluate whether the proposed data collection is necessary for the proper Agency Information Collection information collection. This collection is being submitted to the Office of performance of the agency, including Activities: Submission for OMB whether the information shall have Review; Comment Request; Fire Management of Budget for review and clearance as an extension, without practical utility; (b) evaluate the Management Assistance Grant accuracy of the agency’s estimate of the Program change, of a currently approved collection. burden of the proposed collection of AGENCY: Federal Emergency information, including the validity of Management Agency, DHS. Collection of Information the methodology and assumptions used; ACTION: Correction notice and request Title: Fire Management Assistance (c) enhance the quality, utility, and for comments. Grant Program. clarity of the information to be Type of information collection: collected; and (d) minimize the burden SUMMARY: The Federal Emergency Extension, without change, of a of the collection of information on those Management Agency (FEMA) will currently approved information who are to respond, including through submit the information collection collection. the use of appropriate automated, abstracted below to the Office of OMB Number: 1660–0058. electronic, mechanical, or other Management and Budget for review and Form Titles and Numbers: FEMA technological collection techniques or clearance in accordance with the Form 078–0–1, Request for Fire other forms of information technology, requirements of the Paperwork Management Assistance Declaration; e.g., permitting electronic submission of Reduction Act of 1995. The submission FEMA Form 089–0–24, Request for Fire responses.

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Dated: February 1, 2018. FOR FURTHER INFORMATION CONTACT: are to respond, including through the William Holzerland, USCIS, Office of Policy and Strategy, use of appropriate automated, Director, Information Management Division, Regulatory Coordination Division, electronic, mechanical, or other Mission Support, Federal Emergency Samantha Deshommes, Chief, 20 technological collection techniques or Management Agency, Department of Massachusetts Avenue NW, other forms of information technology, Homeland Security. Washington, DC 20529–2140, telephone e.g., permitting electronic submission of [FR Doc. 2018–02487 Filed 2–7–18; 8:45 am] number 202–272–8377 (This is not a responses. BILLING CODE 9111–23–P toll-free number. Comments are not Overview of This Information accepted via telephone message). Please Collection note contact information provided here DEPARTMENT OF HOMELAND is solely for questions regarding this (1) Type of Information Collection: SECURITY notice. It is not for individual case Revision of a Currently Approved status inquiries. Applicants seeking Collection. U.S. Citizenship and Immigration information about the status of their (2) Title of the Form/Collection: Services individual cases can check Case Status Interagency Record of Request—A, G, or Online, available at the USCIS website NATO Dependent Employment [OMB Control Number 1615–0027] at http://www.uscis.gov, or call the Authorization or Change/Adjustment USCIS National Customer Service To/From A, G or NATO Status. Agency Information Collection (3) Agency form number, if any, and Activities; Revision of a Currently Center at 800–375–5283 (TTY 800–767– 1833). the applicable component of the DHS Approved Collection: Interagency sponsoring the collection: I–566; USCIS. SUPPLEMENTARY INFORMATION: Record of Request—A, G, or NATO (4) Affected public who will be asked Dependent Employment Authorization Comments or required to respond, as well as a brief or Change/Adjustment To/From A, G, You may access the information abstract: Primary: Individuals or or NATO Status collection instrument with instructions, households. The data on this form is used by Department of State (DOS) to AGENCY: U.S. Citizenship and or additional information by visiting the certify to USCIS eligibility of Immigration Services, Department of Federal eRulemaking Portal site at: dependents of A or G principals Homeland Security. http://www.regulations.gov and enter requesting employment authorization, ACTION: 60-Day notice. USCIS–2007–0041 in the search box. Regardless of the method used for as well as for NATO/Headquarters, Supreme Allied Commander SUMMARY: The Department of Homeland submitting comments or material, all Security (DHS), U.S. Citizenship and submissions will be posted, without Transformation (NATO/HQ SACT) to Immigration (USCIS) invites the general change, to the Federal eRulemaking certify to USCIS similar eligibility for public and other Federal agencies to Portal at http://www.regulations.gov, dependents of NATO principals. DOS comment upon this proposed revision of and will include any personal also uses this form to certify to USCIS a currently approved collection of information you provide. Therefore, that certain A, G or NATO information or new collection of submitting this information makes it nonimmigrants may change their status information. In accordance with the public. You may wish to consider to another nonimmigrant status. USCIS, Paperwork Reduction Act (PRA) of limiting the amount of personal on the other hand, uses data on this 1995, the information collection notice information that you provide in any form in the adjudication of change or is published in the Federal Register to voluntary submission you make to DHS. adjustment of status applications from obtain comments regarding the nature of DHS may withhold information aliens in A, G, or NATO classifications the information collection, the provided in comments from public and following any such adjudication categories of respondents, the estimated viewing that it determines may impact informs DOS of the results by use of this burden (i.e. the time, effort, and the privacy of an individual or is form. The information provided on this resources used by the respondents to offensive. For additional information, form continues to ensure effective respond), the estimated cost to the please read the Privacy Act notice that interagency communication among the respondent, and the actual information is available via the link in the footer of three governmental departments—the collection instruments. http://www.regulations.gov. Written comments and suggestions Department of Homeland Security DATES: Comments are encouraged and from the public and affected agencies (DHS), DOS, and the Department of will be accepted for 60 days until April should address one or more of the Defense (DOD)—as well as with NATO/ 9, 2018. following four points: HQ SACT. These departments and ADDRESSES: All submissions received (1) Evaluate whether the proposed organizations utilize this form to must include the OMB Control Number collection of information is necessary facilitate the uniform collection and 1615–0027 in the body of the letter, the for the proper performance of the review of information necessary to agency name and Docket ID USCIS– functions of the agency, including determine an alien’s eligibility for the 2007–0041. To avoid duplicate whether the information will have requested immigration benefit. This submissions, please use only one of the practical utility; form also ensures that the information following methods to submit comments: (2) Evaluate the accuracy of the collected is communicated among DHS, (1) Online. Submit comments via the agency’s estimate of the burden of the DOS, DOD, and NATO/HQ SACT Federal eRulemaking Portal website at proposed collection of information, regarding each other’s findings or http://www.regulations.gov under e- including the validity of the actions. Docket ID number USCIS–2007–0041; methodology and assumptions used; (5) An estimate of the total number of (2) Mail. Submit written comments to (3) Enhance the quality, utility, and respondents and the amount of time DHS, USCIS, Office of Policy and clarity of the information to be estimated for an average respondent to Strategy, Chief, Regulatory Coordination collected; and respond: The estimated total number of Division, 20 Massachusetts Avenue NW, (4) Minimize the burden of the respondents for the information Washington, DC 20529–2140. collection of information on those who collection Form I–566 is 5,800 and the

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estimated hour burden per response is provide in any voluntary submission Overview of This Information 1.42 hours. you make. For additional information Collection (6) An estimate of the total public please read the Privacy Act notice that (1) Type of Information Collection burden (in hours) associated with the is available via the link in the footer of Request: Revision of a Currently collection: The total estimated annual http://www.regulations.gov. Approved Collection. hour burden associated with this FOR FURTHER INFORMATION CONTACT: (2) Title of the Form/Collection: collection is 8,236 hours. USCIS, Office of Policy and Strategy, Application for Employment (7) An estimate of the total public Regulatory Coordination Division, Authorization. burden (in cost) associated with the Samantha Deshommes, Chief, 20 (3) Agency form number, if any, and collection: The estimated total annual Massachusetts Avenue NW, the applicable component of the DHS cost burden associated with this Washington, DC 20529–2140, sponsoring the collection: I–765; USCIS. collection of information is $710,500. Telephone number (202) 272–8377 (4) Affected public who will be asked Dated: February 2, 2018. (This is not a toll-free number; or required to respond, as well as a brief Samantha Deshommes, comments are not accepted via abstract: Primary: Individuals or Chief, Regulatory Coordination Division, telephone message.). Please note contact households. U.S. Citizenship and Office of Policy and Strategy, U.S. Citizenship information provided here is solely for Immigration Services (USCIS) uses and Immigration Services, Department of questions regarding this notice. It is not Form I–765 to collect the information Homeland Security. for individual case status inquiries. that is necessary to determine if an alien [FR Doc. 2018–02481 Filed 2–7–18; 8:45 am] Applicants seeking information about is eligible for an initial EAD, a new BILLING CODE 9111–97–P the status of their individual cases can replacement EAD, or a subsequent EAD check Case Status Online, available at upon the expiration of a previous EAD the USCIS website at http:// under the same eligibility category. DEPARTMENT OF HOMELAND www.uscis.gov, or call the USCIS Aliens in many immigration statuses are SECURITY National Customer Service Center at required to possess an EAD as evidence U.S. Citizenship and Immigration (800) 375–5283; TTY (800) 767–1833. of work authorization. To be authorized Services SUPPLEMENTARY INFORMATION: for employment, an alien must be lawfully admitted for permanent [OMB Control Number 1615–0040] Comments residence or authorized to be so The information collection notice was employed by the Immigration and Agency Information Collection previously published in the Federal Nationality Act (INA) or under Activities; Revision of a Currently Register on October 13, 2018 at 82 FR regulations issued by DHS. Pursuant to Approved Collection: Application for 47761, allowing for a 60-day public statutory or regulatory authorization, Employment Authorization comment period. USCIS did receive 92 certain classes of aliens are authorized AGENCY: U.S. Citizenship and comments in connection with the 60- to be employed in the United States Immigration Services, Department of day notice. without restrictions as to location or Homeland Security. You may access the information type of employment as a condition of ACTION: 30-Day notice. collection instrument with instructions, their admission or subsequent change to or additional information by visiting the one of the indicated classes. USCIS may SUMMARY: The Department of Homeland Federal eRulemaking Portal site at: determine the validity period assigned Security (DHS), U.S. Citizenship and http://www.regulations.gov and enter to any document issued evidencing an Immigration Services (USCIS) will be USCIS–2005–0035 in the search box. alien’s authorization to work in the submitting the following information Written comments and suggestions from United States. These classes are listed in collection request to the Office of the public and affected agencies should 8 CFR 274a.12. USCIS also collects Management and Budget (OMB) for address one or more of the following biometric information from certain EAD review and clearance in accordance four points: applicants, from whom USCIS has not with the Paperwork Reduction Act of (1) Evaluate whether the proposed previously collected biometrics in 1995. The purpose of this notice is to collection of information is necessary connection with an underlying allow an additional 30 days for public for the proper performance of the application or petition, to verify the comments. functions of the agency, including applicant’s identity, check or update DATES: The purpose of this notice is to whether the information will have their background information, and allow an additional 30 days for public practical utility; produce the EAD card. comments. Comments are encouraged (2) Evaluate the accuracy of the (5) An estimate of the total number of and will be accepted until March 12, agency’s estimate of the burden of the respondents and the amount of time 2018. This process is conducted in proposed collection of information, estimated for an average respondent to accordance with 5 CFR 1320.10. including the validity of the respond: The estimated total number of ADDRESSES: Written comments and/or methodology and assumptions used; respondents for the information suggestions regarding the item(s) (3) Enhance the quality, utility, and collection I–765 is 2,096,000 and the contained in this notice, especially clarity of the information to be estimated hour burden per response is regarding the estimated public burden collected; and 4.5 hours; the estimated total number of and associated response time, must be (4) Minimize the burden of the respondents for the information directed to the OMB USCIS Desk Officer collection of information on those who collection Biometric Processing is via email at dhsdeskofficer@ are to respond, including through the 42,387 and the estimated hour burden omb.eop.gov. All submissions received use of appropriate automated, per response is 1.17 hours; the must include the agency name and the electronic, mechanical, or other estimated total number of respondents OMB Control Number [1615–0040] in technological collection techniques or for the information collection Form I– the subject line. other forms of information technology, 765WS is 41,912 and the estimated hour You may wish to consider limiting the e.g., permitting electronic submission of burden per response is .50 hours; the amount of personal information that you responses. estimated total number of respondents

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for the information collection Passport- SUPPLEMENTARY INFORMATION: In Total Estimated Number of Annual Style Photographs is 2,096,000 and the accordance with the Paperwork Respondents: 159 coal mining estimated hour burden per response is Reduction Act of 1995, we provide the applicants and 24 State regulatory .50 hours. general public and other Federal authorities. (6) An estimate of the total public agencies with an opportunity to Total Estimated Number of Annual burden (in hours) associated with the comment on new, proposed, revised, Responses: 314. collection: The total estimated annual and continuing collections of Estimated Completion Time per hour burden associated with this information. This helps us assess the Response: Varies from 2 hours to 40 collection is 10,550,549 hours. impact of our information collection hours, depending upon activity. (7) An estimate of the total public requirements and minimize the public’s Total Estimated Number of Annual burden (in cost) associated with the reporting burden. It also helps the Burden Hours: 3,111 hours. collection: The estimated total annual public understand our information Respondent’s Obligation: Required to cost burden associated with this collection requirements and provide the obtain or retain a benefit. collection of information is requested data in the desired format. Frequency of Collection: Once. $367,581,127. We are soliciting comments on the Total Estimated Annual Nonhour Dated: February 2, 2018. proposed ICR that is described below. Burden Cost: $19,260. Samantha Deshommes, We are especially interested in public An agency may not conduct or Chief, Regulatory Coordination Division, comment addressing the following sponsor and a person is not required to Office of Policy and Strategy, U.S. Citizenship issues: (1) Is the collection necessary to respond to a collection of information and Immigration Services, Department of the proper functions of the OSMRE; (2) unless it displays a currently valid OMB Homeland Security. is the estimate of burden accurate; (3) control number. [FR Doc. 2018–02480 Filed 2–7–18; 8:45 am] how might the OSMRE enhance the Authority: The authorities for this action BILLING CODE 9111–97–P quality, utility, and clarity of the are the Surface Mining Control and information to be collected; and (4) how Reclamation Act of 1977, as amended (30 might the OSMRE minimize the burden U.S.C. 1201 et seq.), and the Paperwork DEPARTMENT OF THE INTERIOR of this collection on the respondents, Reduction Act of 1995 (44 U.S.C. 3501 et including through the use of seq.). Office of Surface Mining Reclamation information technology. John A. Trelease, and Enforcement Comments that you submit in Acting Chief, Division of Regulatory Support. response to this notice are a matter of [FR Doc. 2018–02504 Filed 2–7–18; 8:45 am] [S1D1S SS08011000 SX064A000 public record. We will include or 189S180110; S2D2S SS08011000 BILLING CODE 4310–05–P SX064A000 18XS501520; OMB Control summarize each comment in our request Number 1029–0111] to OMB to approve this ICR. Before including your address, phone number, DEPARTMENT OF THE INTERIOR Agency Information Collection email address, or other personal Activities: Areas Designated by Act of identifying information in your Office of Surface Mining Reclamation Congress comment, you should be aware that and Enforcement your entire comment—including your AGENCY: Office of Surface Mining personal identifying information—may [S1D1S SS08011000 SX064A000 Reclamation and Enforcement, Interior. be made publicly available at any time. 189S180110; S2D2S SS08011000 ACTION: Notice of information collection; SX064A000 18XS501520; OMB Control While you can ask us in your comment Number 1029–0061] request for comment. to withhold your personal identifying information from public review, we SUMMARY: In accordance with the Agency Information Collection cannot guarantee that we will be able to Paperwork Reduction Act of 1995, we, Activities: Permanent Regulatory do so. the Office of Surface Mining Program—Small Operator Assistance Reclamation and Enforcement (OSMRE), This notice provides the public with Program are proposing to renew an information 60 days in which to comment on the following information collection AGENCY: Office of Surface Mining collection for Areas Designated by Act Reclamation and Enforcement, Interior. of Congress. activity: Title of Collection: 30 CFR part 761— ACTION: Notice of information collection; DATES: Interested persons are invited to Areas Designated by Act of Congress. request for comment. submit comments on or before April 9, OMB Control Number: 1029–0111. 2018. Abstract: OSMRE and State regulatory SUMMARY: In accordance with the ADDRESSES: Send your comments on authorities use the information collected Paperwork Reduction Act of 1995, we, this information collection request (ICR) for 30 CFR 761 to ensure that persons the Office of Surface Mining by mail to: The Office of Surface Mining planning to conduct surface coal mining Reclamation and Enforcement (OSMRE), Reclamation and Enforcement, operations on the lands protected by are proposing to renew an information Information Collection Clearance § 522(e) of the Surface Mining Control collection for the Permanent Regulatory Officer, Attn: John Trelease, 1849 C and Reclamation Act of 1977 have the Program—Small Operator Assistance Street NW, Mail Stop 4559, Washington, right to do so under one of the Program (SOAP). DC 20240. Comments may also be exemptions or waivers provided by this DATES: Interested persons are invited to submitted electronically to jtrelease@ section of the Act. submit comments on or before April 9, osmre.gov. Form Number: None. 2018. FOR FURTHER INFORMATION CONTACT: To Type of Review: Extension of a ADDRESSES: Send your comments on request additional information about currently approved collection. this information collection request (ICR) this ICR, contact John Trelease by email Respondents/Affected Public: by mail to: The Office of Surface Mining at [email protected], or by telephone Applicants for certain surface coal mine Reclamation and Enforcement, at (202) 208–2783. permits and State regulatory authorities. Information Collection Clearance

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Officer, Attn: John Trelease, 1849 C regulatory authority with data to collection for requirements for Street NW, Mail Stop 4559, Washington, determine the eligibility of the applicant certification and noncoal reclamation. DC 20240. Comments may also be and the capability and expertise of DATES: Interested persons are invited to submitted electronically to jtrelease@ laboratories to perform required tasks. submit comments on or before April 9, osmre.gov. Form Number: FS–6. 2018. Type of Review: Extension of a FOR FURTHER INFORMATION CONTACT: To ADDRESSES: Send your comments on request additional information about currently approved collection. Respondents/Affected Public: Small this information collection request (ICR) this ICR, contact John Trelease by email operators, laboratories, and State by mail to: The Office of Surface Mining at [email protected], or by telephone regulatory authorities. Reclamation and Enforcement, at (202) 208–2783. Total Estimated Number of Annual Information Collection Clearance SUPPLEMENTARY INFORMATION: In Respondents: 4 (1 small operator, 2 by Officer, Attn: John Trelease, 1849 C accordance with the Paperwork a State regulatory authority, 1 by a Street NW, Mail Stop 4559, Washington, Reduction Act of 1995, we provide the laboratory). DC 20240. Comments may also be general public and other Federal Total Estimated Number of Annual submitted electronically to jtrelease@ agencies with an opportunity to Responses: 4. osmre.gov. comment on new, proposed, revised, Estimated Completion Time per FOR FURTHER INFORMATION CONTACT: To and continuing collections of Response: 18 hours for a small operator, request additional information about information. This helps us assess the 4 hours for State review, 70 hours for this ICR, contact John Trelease by email impact of our information collection State solicitation and award to a at [email protected], or by telephone requirements and minimize the public’s laboratory, 1 hour for laboratory to re- at (202) 208–2783. reporting burden. It also helps the qualify. SUPPLEMENTARY INFORMATION: In public understand our information Total Estimated Number of Annual collection requirements and provide the accordance with the Paperwork Burden Hours: 93 hours. Reduction Act of 1995, we provide the requested data in the desired format. Respondent’s Obligation: Required to We are soliciting comments on the general public and other Federal obtain or retain a benefit. agencies with an opportunity to proposed ICR that is described below. Frequency of Collection: Once. comment on new, proposed, revised, We are especially interested in public Total Estimated Annual Nonhour and continuing collections of comment addressing the following Burden Cost: $2,408. information. This helps us assess the issues: (1) Is the collection necessary to An agency may not conduct or impact of our information collection the proper functions of the OSMRE; (2) sponsor and a person is not required to requirements and minimize the public’s is the estimate of burden accurate; (3) respond to a collection of information reporting burden. It also helps the how might the OSMRE enhance the unless it displays a currently valid OMB public understand our information quality, utility, and clarity of the control number. information to be collected; and (4) how collection requirements and provide the Authority: The authorities for this action requested data in the desired format. might the OSMRE minimize the burden are the Surface Mining Control and of this collection on the respondents, We are soliciting comments on the Reclamation Act of 1977, as amended (30 proposed ICR that is described below. including through the use of U.S.C. 1201 et seq.), and the Paperwork information technology. Reduction Act of 1995 (44 U.S.C. 3501 et We are especially interested in public Comments that you submit in seq.). comment addressing the following response to this notice are a matter of issues: (1) Is the collection necessary to John A. Trelease, public record. We will include or the proper functions of the OSMRE; (2) summarize each comment in our request Acting Chief, Division of Regulatory Support. is the estimate of burden accurate; (3) to OMB to approve this ICR. Before [FR Doc. 2018–02505 Filed 2–7–18; 8:45 am] how might the OSMRE enhance the including your address, phone number, BILLING CODE 4310–05–P quality, utility, and clarity of the email address, or other personal information to be collected; and (4) how identifying information in your might the OSMRE minimize the burden comment, you should be aware that DEPARTMENT OF THE INTERIOR of this collection on the respondents, your entire comment—including your including through the use of Office of Surface Mining Reclamation information technology. personal identifying information—may and Enforcement be made publicly available at any time. Comments that you submit in While you can ask us in your comment [S1D1S SS08011000 SX064A000 response to this notice are a matter of to withhold your personal identifying 189S180110; S2D2S SS08011000 public record. We will include or information from public review, we SX064A000 18XS501520; OMB Control summarize each comment in our request cannot guarantee that we will be able to Number 1029–0103] to OMB to approve this ICR. Before including your address, phone number, do so. Agency Information Collection email address, or other personal This notice provides the public with Activities; Certification and Noncoal identifying information in your 60 days in which to comment on the Reclamation following information collection comment, you should be aware that activity: AGENCY: Office of Surface Mining your entire comment—including your Title of Collection: 30 CFR part 795— Reclamation and Enforcement, Interior. personal identifying information—may Permanent Regulatory Program—Small ACTION: Notice of information collection; be made publicly available at any time. Operator Assistance Program. request for comment. While you can ask us in your comment OMB Control Number: 1029–0061. to withhold your personal identifying Abstract: This information collection SUMMARY: In accordance with the information from public review, we requirement is needed to provide Paperwork Reduction Act of 1995, we, cannot guarantee that we will be able to assistance to qualified small mine the Office of Surface Mining do so. operators under 30 U.S.C. 1257. The Reclamation and Enforcement (OSMRE), This notice provides the public with information requested will provide the are proposing to renew an information 60 days in which to comment on the

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following information collection States within a reasonably foreseeable Issued: February 5, 2018. activity: time. William R. Bishop, Title of Collection: 30 CFR part 875— Background Supervisory Hearings and Information Certification and Noncoal Reclamation. Officer. OMB Control Number: 1029–0103. The Commission, pursuant to section [FR Doc. 2018–02620 Filed 2–6–18; 4:15 pm] Abstract: This Part establishes 751(c) of the Act (19 U.S.C. 1675(c)), BILLING CODE 7020–02–P procedures and requirements for States instituted these reviews on July 3, 2017 and Indian tribes to conduct noncoal (82 FR 30902) and determined on reclamation under abandoned mine October 6, 2017 that it would conduct OFFICE OF MANAGEMENT AND land funding. The information is needed expedited reviews (82 FR 49659, BUDGET to assure compliance with the Surface October 26, 2017). Mining Control and Reclamation Act of The Commission made these Discount Rates for Cost-Effectiveness 1977. determinations pursuant to section Analysis of Federal Programs Form Numbers: N/A. 751(c) of the Act (19 U.S.C. 1675(c)). It AGENCY: Office of Management and Type of Review: Extension of a completed and filed its determinations Budget. currently approved collection. in these reviews on February 2, 2018. Respondents/Affected Public: State ACTION: Revisions to Appendix C of The views of the Commission are OMB Circular A–94. and Tribal reclamation authorities. contained in USITC Publication 4758 Total Estimated Number of Annual (February 2018), entitled Lined Paper SUMMARY: The Office of Management Respondents: 1. School Supplies from China and India: and Budget revised Circular A–94 in Total Estimated Number of Annual Investigation Nos. 701–TA–442 and 1992. The revised Circular specified Responses: 1. 731–TA–1095–1096 (Second Review). certain discount rates to be updated Estimated Completion Time per Issued: February 2, 2018. annually when the interest rate and Response: 84 hours. inflation assumptions used to prepare Total Estimated Number of Annual By order of the Commission. the Budget of the United States Burden Hours: 84. Lisa R. Barton, Government were changed. These Respondent’s Obligation: Required to Secretary to the Commission. discount rates are found in Appendix C obtain or retain a benefit. [FR Doc. 2018–02479 Filed 2–7–18; 8:45 am] of the revised Circular. The updated Frequency of Collection: Once. BILLING CODE 7020–02–P discount rates are shown below. The Total Annual Non-Wage Cost: $0. discount rates in Appendix C are to be Authority: The authorities for this action used for cost-effectiveness analysis, are the Surface Mining Control and INTERNATIONAL TRADE including lease-purchase analysis, as Reclamation Act of 1977, as amended (30 COMMISSION specified in the revised Circular. They U.S.C. 1201 et seq.), and the Paperwork do not apply to regulatory analysis. Reduction Act of 1995 (44 U.S.C. 3501 et [USITC SE–18–008] DATES: seq.). The revised discount rates will be in effect through December 2018. John A. Trelease, Sunshine Act Meetings FOR FURTHER INFORMATION CONTACT: Acting Chief, Division of Regulatory Support. Gideon Lukens, Office of Economic AGENCY HOLDING THE MEETING [FR Doc. 2018–02506 Filed 2–7–18; 8:45 am] : United Policy, Office of Management and States International Trade Commission. BILLING CODE 4310–05–P Budget, (202) 395–3316. TIME AND DATE: February 12, 2018 at Jeffrey Schlagenhauf, 11:00 a.m. Associate Director for Economic Policy, Office INTERNATIONAL TRADE PLACE: Room 101, 500 E Street SW, of Management and Budget. Washington, DC 20436, Telephone: COMMISSION Attachment (202) 205–2000. OMB Circular No. A–94 [Investigation Nos. 701–TA–442 and 731– STATUS: Open to the public. TA–1095–1096 (Second Review)] MATTERS TO BE CONSIDERED: Appendix C Lined Paper School Supplies From 1. Agendas for future meetings: None. (Revised November 2017) China and India; Determinations 2. Minutes. Discount Rates for Cost-Effectiveness, Lease On the basis of the record 1 developed 3. Ratification List. Purchase, and Related Analyses in the subject five-year reviews, the 4. Vote in Inv. Nos. 701–TA–388, 389, Effective Dates. This appendix is updated United States International Trade and 391 and 731–TA–817, 818, and 821 annually. This version of the appendix is valid for calendar year 2018. A copy of the Commission (‘‘Commission’’) (Third Review) (Cut-to-Length Carbon- updated appendix can be obtained in determines, pursuant to the Tariff Act of Quality Steel Plate from India, electronic form through the OMB home page 1930 (‘‘the Act’’), that revocation of the Indonesia, and Korea). The Commission at https://www.whitehouse.gov/wp-content/ countervailing duty order on lined is currently scheduled to complete and uploads/2017/1 l/Appendix-C.pdf. The text paper school supplies from India and file its determinations and views of the of the Circular is found at btlps:// the antidumping duty orders on lined Commission by February 26, 2018. www.whitehouse.gov/sites/whitehouse.gov/ paper school supplies from China and files/omb/cirular/A94/a094.pdf and a table of 5. Outstanding action jackets: None. past years’ rates is located at https:// India would be likely to lead to In accordance with Commission www.whitehouse.gov/wp-content/uploads/ continuation or recurrence of material policy, subject matter listed above, not 2017/1l/DISCHIST-2018-1.pdf. Updates of injury to an industry in the United disposed of at the scheduled meeting, the appendix are also available upon request may be carried over to the agenda of the from OMB’s Office of Economic Policy (202– 1 The record is defined in sec. 207.2(f) of the following meeting. 395–3316). Commission’s Rules of Practice and Procedure (19 Nominal Discount Rates. A forecast of CFR 207.2(f)). By order of the Commission. nominal or market interest rates for calendar

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year 2018 based on the economic discounting nominal flows, which are often assumptions for the 2019 Budget is presented encountered in lease-purchase analysis. below. These nominal rates are to be used for

NOMINAL INTEREST RATES ON TREASURY NOTES AND BONDS OF SPECIFIED MATURITIES [In percent]

3-Year 5-Year 7-Year 10-Year 20-Year 30-Year

1.0 1.3 1.6 1.8 2.2 2.6

Real Discount Rates. A forecast of real economic assumptions from the 2019 Budget is often required in cost effectiveness interest rates from which the inflation is presented below. These real rates are to be analysis. premium has been removed and based on the used for discounting constant-dollar flows, as

REAL INTEREST RATES ON TREASURY NOTES AND BONDS OF SPECIFIED MATURITIES [In percent]

3-Year 5-Year 7-Year 10-Year 20-Year 30-Year

¥0.8 ¥0.6 ¥0.3 ¥0.1 0.2 0.6

Analyses of programs with terms different summary of the report followed by a 2:45–3:45 p.m.—Policy from those presented above may use a linear respondent panel. The Council will then recommendations for FY 2018 interpolation. For example, a four-year revisit its 2017 Progress Report, which building off 2017 Progress Report project can be evaluated with a rate equal to the average of the three-year and five-year explored the intersection of disability 3:45–5:00 p.m.—Panel of Department of rates. Programs with durations longer than 30 and poverty, and receive public Justice representatives regarding years may use the 30-year interest rate. comments on which of the report’s rescinded ADA regulations and [FR Doc. 2018–02520 Filed 2–7–18; 8:45 am] recommendations are of greatest agency activities regarding service importance for NCD’s immediate follow- BILLING CODE 3110–01–P animals (invited) up activities. Following the public 5:00 p.m.—Adjourn comment, the Council will discuss future 2018 policy activity building off PUBLIC COMMENT: To better facilitate NATIONAL COUNCIL ON DISABILITY of the 2017 Progress Report. The NCD’s public comment, any individual interested in providing public comment Sunshine Act Meetings Council will conclude its meeting with a policy panel including representatives is asked to register his or her intent to TIME AND DATES: The Members of the from the U.S. Department of Justice provide comment in advance by sending National Council on Disability (NCD) (invited), who have been asked to speak an email to [email protected] will hold a quarterly meeting on about recent ADA regulation rescissions with the subject line ‘‘Public Comment’’ Thursday, March 8, from 9:00 a.m.–5:00 as well as their work in the area of with your name, organization, state, and p.m., Eastern Time, in Washington, DC. service animals. topic of comment included in the body of your email. Full-length written public PLACE: This meeting will occur in AGENDA: The times provided below are comments may also be sent to that email Washington, DC, at the Access Board approximations for when each agenda address. All emails to register for public Conference Room, 1331 F Street NW, item is anticipated to be discussed (all comment at the quarterly meeting must Suite 800, Washington, DC 20004. times Eastern): Interested parties may join the meeting be received by Wednesday, March 7, in person at the meeting location or may Thursday, March 8 2018. Priority will be given to those join by phone in a listening-only 9:00–9:30 a.m.—Welcome and individuals who are in-person to capacity (other than the period allotted introductions provide their comments during the for public comment noted below) using 9:30–10:15 a.m.—2018 Progress Report public comment period. Those the following call-in information: update and discussion commenters on the phone will be called Teleconference number: 1–888–599– 10:15–10:30 a.m.—Break on per the list of those registered via 8667; Conference ID: 9890793; 10:30–11:30 a.m.—Foreign policy report email. Due to time constraints, NCD Conference Title: NCD Meeting; Host release and respondent panel asks all commenters to limit their Name: Clyde Terry. 11:30 a.m.–12:00 p.m.—NCD business comments to three minutes. Comments received at the March quarterly meeting MATTERS TO BE CONSIDERED: The Council meeting will receive agency updates on policy 12:00–12:15 p.m.—Training on Council will be limited to those regarding the projects, finance, governance, and other Member time reports public’s input on which of the 2017 business. The Council will receive an 12:15–1:45 p.m.—LUNCH BREAK NCD Progress Report’s update on the work done to date for its 1:45–2:00 p.m.—Recap of 2017 Progress recommendations are of greatest 2018 Progress Report to Congress and Report (intersection of poverty and importance for NCD’s immediate follow- the President, which this year will focus disability) up activities in 2018. on monitoring and enforcement efforts 2:00–2:30 p.m.—Public comments CONTACT PERSON FOR MORE INFORMATION: in three federal agencies. The Council (focused on recommendations of Anne Sommers, NCD, 1331 F Street will next release its latest report titled, the 2017 NCD Progress Report on NW, Suite 850, Washington, DC 20004; ‘‘U.S. Foreign Policy and Disability poverty) 202–272–2004 (V), 202–272–2074 2017: Progress and Promise’’ with a 2:30–2:45 p.m.—BREAK (TTY).

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ACCOMMODATIONS: A CART streamtext Email to: envcomp-AST-sacpeak@ Inouye Solar Telescope, DKIST] first link has been arranged for this meeting. nsf.gov, with subject line ‘‘Sacramento light.’’ DKIST is being constructed in The web link to access CART on Peak Observatory.’’ Hawai’i and is expected to begin Thursday, March 8, 2018 is: http:// Mail to: Elizabeth Pentecost, RE: operations in 2020. In 2016, in response www.streamtext.net/player?event=NCD- Sacramento Peak Observatory, National to this recommendation, NSF completed QUARTERLY. Science Foundation, 2415 Eisenhower a feasibility study to inform and define Those who plan to attend the meeting Avenue, Suite W9152, Alexandria, VA options for the site’s future disposition in-person and require accommodations 22314. that would involve significantly should notify NCD as soon as possible FOR FURTHER INFORMATION CONTACT: For decreasing or eliminating NSF funding to allow time to make arrangements. To further information regarding the EIS of the Sacramento Peak Observatory. help reduce exposure to fragrances for process or Section 106 consultation, NSF issued a Notice of Intent to prepare those with multiple chemical contact: Elizabeth Pentecost, National an EIS on July 5, 2016, held scoping sensitivities, NCD requests that all those Science Foundation, Division of meetings on July 21, 2016, and held a attending the meeting in person refrain Astronomical Sciences, 2415 30-day public comment period that from wearing scented personal care Eisenhower Avenue, Suite W9152, closed on August 5, 2016. products such as perfumes, hairsprays, Alexandria, VA 22314; Telephone: (703) and deodorants. 292–4907; email: [email protected]. Alternatives to be evaluated in the EIS DEIS Information: The DEIS, as well which may be refined through public Dated: February 6, 2018. input, with preliminary proposed Deb Cotter, as information about the public meeting, is posted at: www.nsf.gov/AST. A copy alternatives that include the following: Executive Director. of the DEIS will be available for review • Continued science- and education- [FR Doc. 2018–02597 Filed 2–6–18; 11:15 am] at the following libraries: Michael focused operations by interested parties BILLING CODE 8421–03–P Nivison Public Library, 90 Swallow with reduced NSF-funding. Place, Cloudcroft, NM 88317, • Transition to partial operations by Alamogordo Public Library, 920 Oregon interested parties with reduced NSF Avenue, Alamogordo, NM 88310. NATIONAL SCIENCE FOUNDATION funding. SUPPLEMENTARY INFORMATION: • Notice of Availability and Notice of Sacramento Peak Observatory is located Mothballing of facilities Public Meeting for the Draft in Sunspot, New Mexico, within the (suspension of operations in a manner Environmental Impact Statement Lincoln National Forest in the such that operations could resume (DEIS) for the Sacramento Peak Sacramento Mountains. Established by efficiently at some future date). Observatory, Sunspot, New Mexico the U.S. Air Force via a memorandum • Demolition and site restoration. of agreement with the U.S. Forest • No-Action Alternative: continued AGENCY: National Science Foundation. Service in 1950, the facility was NSF investment for science-focused ACTION: Notice of availability and notice transferred to NSF in 1976. NSF and the operations. of public meeting. U.S. Forest Service executed a land use agreement (signed in 1980) to formalize No final decisions will be made SUMMARY: The National Science this transition and the continued use of regarding the proposed changes to Foundation (NSF) has made available the land for the observatory. The operations at Sacramento Peak for public review and comment the primary research facility in operation at Observatory prior to issuance of a Final Draft Environmental Impact Statement the Sacramento Peak site is the Richard Environmental Impact Statement, and, (DEIS) for Sacramento Peak B. Dunn Solar Telescope (DST), subsequently, a Record of Decision for Observatory. This DEIS has been currently managed by the National Solar the Proposed Action. prepared for the NSF to evaluate the Observatory (NSO). The DST is a high- Public Meeting: A public meeting to potential environmental effects of spatial resolution optical/infrared solar address the DEIS will take place in proposed operational changes due to telescope. In addition to its own funding constraints for the Sacramento Alamogordo, New Mexico with operations, the Sacramento Peak notification of the time and location Peak Observatory in Sunspot, New Observatory supplies water for the Mexico. The DEIS was prepared in published in the local newspapers, as nearby Apache Point Observatory follows: compliance with the National (APO). • Public Meeting: February 28, 2018, Environmental Policy Act (NEPA) of The NSF Directorate for Mathematical 1969. Consultation under Section 106 of and Physical Sciences, Division of at 6:30 p.m. to 8:30 p.m., New Mexico the National Historic Preservation Act Astronomical Sciences, through a series Museum of Space History, 3198 State (NHPA) is being conducted concurrent of academic community-based reviews, Route 2001, Alamogordo, New Mexico with the NEPA process. has identified the need to divest several 88310, Telephone: (575) 437–2840. DATES: NSF will accept comments on facilities from its portfolio in order to The meeting will be transcribed by a the DEIS for 45 days following deliver the best performance on the court reporter. Please contact NSF at publication of this Notice of emerging and key science technologies least one week in advance of the Availability. Comments may be of the present decade and beyond. In meeting if you would like to request submitted verbally during the public 2012, NSF’s Division of Astronomical special accommodations (i.e., sign meeting scheduled for February 28, Sciences (AST’s) portfolio review language interpretation, etc.) 2018 (see details in SUPPLEMENTARY committee, under the category of solar Dated: February 2, 2018. INFORMATION) or in writing. Substantive facilities stated that, ‘‘AST and NSO comments will be considered in a Final should plan for the continued use of the Suzanne H. Plimpton, Environmental Impact Statement (FEIS). Dunn Solar Telescope (DST) as a world- Reports Clearance Officer, National Science ADDRESSES: You may submit written class scientific observatory, supporting Foundation. comments by either of the following the solar physics community, to within [FR Doc. 2018–02488 Filed 2–7–18; 8:45 am] methods: two years of ATST [now the Daniel K. BILLING CODE 7555–01–P

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PENSION BENEFIT GUARANTY number, extension 6352. TTY/ASCII than $5 billion. This proposed addition CORPORATION users may call the Federal relay service will permit PBGC to determine if the toll-free at 800–877–8339 and ask to be insurers who respond to the survey Proposed Submission of Information connected to 202–326–4400. represent a sizable portion of the total Collection for OMB Review; Comment SUPPLEMENTARY INFORMATION: PBGC’s annuity market. Request; Survey of Nonparticipating regulations prescribe actuarial valuation This voluntary survey is directed at Single Premium Group Annuity Rates methods and assumptions (including insurance companies most, if not all, of which are members of ACLI. The survey AGENCY: Pension Benefit Guaranty interest rate assumptions) to be used in is conducted quarterly and will be sent Corporation. determining the actuarial present value of benefits under single-employer plans to approximately 22 insurance ACTION: Notice of intent to request that terminate (29 CFR part 4044) and companies. PBGC estimates that about extension of OMB approval. under multiemployer plans that six insurance companies will respond to SUMMARY: The Pension Benefit Guaranty undergo a mass withdrawal of the survey each quarter, and that each Corporation (PBGC) intends to request contributing employers (29 CFR part survey will require approximately 30 that OMB extend approval (with 4281). Each month PBGC publishes the minutes to complete and return. The changes), under the Paperwork interest rates to be used under those total burden is estimated to be 12 hours regulations for plans terminating or (30 minutes per survey × four per year Reduction Act, of a quarterly survey of × insurance company rates for pricing undergoing mass withdrawal during the six respondents). annuity contracts (OMB control number next month. OMB has approved this collection of 1212–0030; expires May 31, 2018). The The interest rates are intended to information under control number American Council of Life Insurers reflect current conditions in the annuity 1212–0030 through May 31, 2018. PBGC conducts this voluntary survey for markets. To determine these interest intends to request that OMB extend its PBGC. This notice informs the public of rates, PBGC gathers pricing data from approval for another three years. An PBGC’s intent and solicits public insurance companies that are providing agency may not conduct or sponsor, and comment on the collection of annuity contracts to terminating a person is not required to respond to, information. pension plans through a quarterly a collection of information unless it ‘‘Survey of Nonparticipating Single displays a currently valid OMB control DATES: Comments should be submitted Premium Group Annuity Rates.’’ The number. by April 9, 2018. American Council of Life Insurers PBGC is soliciting public comments ADDRESSES: Comments may be (ACLI) distributes the survey and to— submitted by any of the following provides PBGC with ‘‘blind’’ data (i.e., • Evaluate whether the collection of methods: PBGC is unable to match responses with information is necessary for the proper Federal eRulemaking Portal: http:// the insurance companies that submitted performance of the functions of the www.regulations.gov. Follow the them). PBGC also uses the information agency, including whether the website instructions for submitting from the survey in determining the information will have practical utility; comments. interest rates it uses to value benefits • evaluate the accuracy of the Email: paperwork.comments@ payable to participants and beneficiaries agency’s estimate of the burden of the pbgc.gov. in PBGC-trusteed plans for purposes of collection of information, including the Mail or Hand Delivery: Office of the PBGC’s financial statements. validity of the methodology and General Counsel, Pension Benefit PBGC is proposing several changes to assumptions used; Guaranty Corporation, 1200 K Street the survey distributed by ACLI: • enhance the quality, utility, and NW, Washington, DC 20005–4026. • Reduction in the number of ages for clarity of the information to be PBGC will make all comments available which PBGC requests net rate plan collected; and on its website at http://www.pbgc.gov. factors for immediate and deferred • minimize the burden of the Copies of the collection of annuities, and removal of columns collection of information on those who information may be obtained without asking for Deferred to Exact Age 60 net are to respond, including using charge by writing to the Disclosure rate plan factors. These changes are appropriate automated, electronic, Division of the Office of the General proposed because the net rate plan mechanical, or other technological Counsel of PBGC at the above address factors for the annuitant ages removed collection techniques or other forms of or by visiting that office or calling 202– are no longer used when deriving information technology, e.g., permitting 326–4040 during normal business interest factors. The proposed changes electronic submission of responses. hours. (TTY/ASCII users may call the will simplify the completion of the Stephanie Cibinic, Federal relay service toll-free at 1–800– survey. 877–8339 and ask to be connected to • Deputy Assistant General Counsel for Increases in the dollar ranges of the Regulatory Affairs, Pension Benefit Guaranty 202–326–4040.) The regulations and Settlement Categories in Parts III and IV Corporation. forms and instructions relating to this to better capture variability and range of [FR Doc. 2018–02502 Filed 2–7–18; 8:45 am] collection of information are available business accepted by respondents. BILLING CODE 7709–02–P on PBGC’s website at www.pbgc.gov. Dollar amounts previously used were FOR FURTHER INFORMATION CONTACT: Jo too low to differentiate among insurance Amato Burns (burns.jo.amato@ companies that responded to the survey. POSTAL REGULATORY COMMISSION pbgc.gov), Regulatory Affairs Division, • Addition of a question asking Office of the General Counsel, Pension whether the respondent participated in [Docket Nos. CP2014–4; MC2018–121 and Benefit Guaranty Corporation, 1200 K the survey in the previous year to enable CP2018–164; MC2018–122 and CP2018–165] Street NW, Washington, DC 20005– PBGC to determine the extent to which 4026, 202–326–4400, extension 3072, or the survey respondents vary over time. New Postal Products • Stephanie Cibinic (cibinc.stephanie@ Addition of a question asking AGENCY: Postal Regulatory Commission. pbgc.gov), Deputy Assistant General whether the current value of the ACTION: Notice. Counsel, same address and phone respondent’s annuity portfolio is greater

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SUMMARY: The Commission is noticing a requirements include 39 U.S.C. 3622, 39 SECURITIES AND EXCHANGE recent Postal Service filing for the U.S.C. 3642, 39 CFR part 3010, and 39 COMMISSION Commission’s consideration concerning CFR part 3020, subpart B. For request(s) [Release No. 34–82627; File No. SR–NYSE– negotiated service agreements. This that the Postal Service states concern 2017–30] notice informs the public of the filing, competitive product(s), applicable invites public comment, and takes other statutory and regulatory requirements Self-Regulatory Organizations; New administrative steps. include 39 U.S.C. 3632, 39 U.S.C. 3633, York Stock Exchange LLC; Notice of DATES: Comments are due: February 12, 39 U.S.C. 3642, 39 CFR part 3015, and Filing of Amendment No. 3 and Order 2018. 39 CFR part 3020, subpart B. Comment Granting Accelerated Approval of ADDRESSES: Submit comments deadline(s) for each request appear in Proposed Rule Change, as Modified by electronically via the Commission’s section II. Amendment No. 3, To Amend Section Filing Online system at http:// 102.01B of the NYSE Listed Company www.prc.gov. Those who cannot submit II. Docketed Proceeding(s) Manual To Provide for the Listing of Companies That List Without a Prior comments electronically should contact 1. Docket No(s).: CP2014–4; Filing the person identified in the FOR FURTHER Exchange Act Registration and That Title: USPS Notice of Change in Prices INFORMATION CONTACT section by Are Not Listing in Connection With an Pursuant to Amendment to Parcel telephone for advice on filing Underwritten Initial Public Offering and alternatives. Return Service Contract 5; Filing Related Changes to Rules 15, 104, and Acceptance Date: February 1, 2018; 123D FOR FURTHER INFORMATION CONTACT: Filing Authority: 39 CFR 3015.5; Public David A. Trissell, General Counsel, at Representative: Christopher C. Mohr; February 2, 2018. 202–789–6820. Comments Due: February 12, 2018. I. Introduction SUPPLEMENTARY INFORMATION: 2. Docket No(s).: MC2018–121 and On June 13, 2017, New York Stock Table of Contents CP2018–164; Filing Title: USPS Request Exchange LLC (‘‘NYSE’’ or ‘‘Exchange’’) I. Introduction to Add Priority Mail & First-Class filed with the Securities and Exchange II. Docketed Proceeding(s) Package Service Contract 74 to Commission (‘‘Commission’’), pursuant Competitive Product List and Notice of to Section 19(b)(1) 1 of the Securities I. Introduction Filing Materials Under Seal; Filing Exchange Act of 1934 (‘‘Exchange The Commission gives notice that the Acceptance Date: February 2, 2018; Act’’) 2 and Rule 19b–4 thereunder,3 a Postal Service filed request(s) for the Filing Authority: 39 U.S.C. 3642 and 39 proposed rule change to amend Section Commission to consider matters related CFR 3020.30 et seq.; Public 102.01B of the NYSE Listed Company to negotiated service agreement(s). The Representative: Timothy J. Schwuchow; Manual to modify the provisions request(s) may propose the addition or Comments Due: February 12, 2018. relating to the qualification of removal of a negotiated service companies listing without a prior agreement from the market dominant or 3. Docket No(s).: MC2018–122 and Exchange Act registration in connection the competitive product list, or the CP2018–165; Filing Title: USPS Request with an underwritten initial public modification of an existing product to Add Parcel Select Contract 30 to offering and amend Exchange rules to currently appearing on the market Competitive Product List and Notice of address the opening procedures on the dominant or the competitive product Filing Materials Under Seal; Filing first day of trading of such securities. list. Acceptance Date: February 2, 2018; The proposal, as modified by Section II identifies the docket Filing Authority: 39 U.S.C. 3642 and 39 Amendment No. 3, would: (i) Eliminate number(s) associated with each Postal CFR 3020.30 et seq.; Public the requirement in Footnote (E) of Service request, the title of each Postal Representative: Christopher C. Mohr; Section 102.01B (‘‘Footnote (E)’’) of the Service request, the request’s acceptance Comments Due: February 12, 2018. Manual to have a private placement date, and the authority cited by the This notice will be published in the market trading price if there is a Postal Service for each request. For each Federal Register. valuation from an independent third- request, the Commission appoints an party of $250 million in market value of officer of the Commission to represent Stacy L. Ruble, publicly-held shares; (ii) set forth the interests of the general public in the Secretary. several factors indicating when the proceeding, pursuant to 39 U.S.C. 505 [FR Doc. 2018–02545 Filed 2–7–18; 8:45 am] independent third party providing the (Public Representative). Section II also BILLING CODE 7710–FW–P valuation would not be deemed establishes comment deadline(s) ‘‘independent’’ under Footnote (E); (iii) pertaining to each request. amend NYSE Rule 15 to add a reference The public portions of the Postal price for when a security is listed under Service’s request(s) can be accessed via Footnote (E); (iv) amend NYSE Rule 104 the Commission’s website (http:// to specify Designated Market Maker www.prc.gov). Non-public portions of (‘‘DMM’’) requirements when the Postal Service’s request(s), if any, facilitating the opening of a security can be accessed through compliance listed under Footnote (E) when there with the requirements of 39 CFR has been no sustained history of trading 3007.40. in a private placement trading market The Commission invites comments on for such security; and (v) amend NYSE whether the Postal Service’s request(s) Rule 123D to specify that the Exchange in the captioned docket(s) are consistent may declare a regulatory halt prior to with the policies of title 39. For request(s) that the Postal Service states 1 15 U.S.C. 78s(b)(1). concern market dominant product(s), 2 15 U.S.C. 78a. applicable statutory and regulatory 3 17 CFR 240.19b–4.

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opening a security that is the subject of Commission extended the time period with a firm commitment underwritten an initial pricing upon Exchange listing for approving or disapproving the IPO, upon transfer from another market, and that has not, immediately prior to proposal for an additional 60 days until or pursuant to a spin-off, Section such initial pricing, traded on another February 15, 2018.12 The Commission is 102.01B of the Manual also national securities exchange or in the publishing this notice to solicit contemplates that companies that have over-the-counter market. comment on Amendment No. 3 to the not previously had their common equity The proposed rule change was proposed rule change from interested securities registered under the Exchange published for comment in the Federal persons, and is approving the proposed Act, but which have sold common Register on June 20, 2017.4 The rule change, as modified by Amendment equity securities in a private placement, Commission received one comment in No. 3, on an accelerated basis. may wish to list their common equity response to the Original Notice.5 The securities on the Exchange at the time II. Description of the Proposed Rule Exchange filed Amendment No. 1 to the of effectiveness of a registration Change, as Modified by Amendment proposed rule change on July 28, 2017, statement 15 filed solely for the purpose No. 3 which, as noted below, was later of allowing existing shareholders to sell withdrawn. On August 3, 2017, the 1. Listing Standards their shares.16 Specifically, Footnote (E) Commission extended the time period Generally, Section 102 of the Manual permits the Exchange, on a case by case within which to approve the proposed sets forth the minimum numerical basis, to exercise discretion to list such rule change, disapprove the proposed standards for domestic companies, or companies and provides that the rule change, or institute proceedings to foreign private issuers that choose to Exchange will determine that such a determine whether to approve or follow the domestic standards, to list company has met the $100 million disapprove the proposed rule change to equity securities on the Exchange. aggregate market value of publicly-held September 18, 2017.6 Section 102.01B of the Manual requires shares requirement based on a On August 16, 2017, the Exchange a listed company to demonstrate at the combination of both (i) an independent 17 withdrew Amendment No. 1 and filed time of listing an aggregate market value third-party valuation (a ‘‘Valuation’’) Amendment No. 2 to the proposed rule of publicly-held shares of either $40 of the company and (ii) the most recent change, which superseded and replaced million or $100 million, depending on trading price for the company’s common the proposed rule change in its the type of listing.13 Section 102.01B stock in a trading system for entirety.7 The Commission published also states that, in these cases, the unregistered securities operated by a Amendment No. 2 for comment in the Exchange relies on written national securities exchange or a Federal Register on August 24, 2017.8 representations from the underwriter, registered broker-dealer (a ‘‘Private 18 The Commission received no comments investment banker, or other financial Placement Market’’). Under the in response to this solicitation for advisor, as applicable, with respect to current rules, the Exchange will comments. On September 15, 2017, the this valuation.14 While Footnote (E) attribute a market value of publicly-held Commission instituted proceedings to states that the Exchange generally shares to the company equal to the determine whether to approve or expects to list companies in connection lesser of (i) the value calculable based disapprove the proposed rule change, as on the Valuation and (ii) the value modified by Amendment No. 2.9 proposal, the remaining proposed amendments in calculable based on the most recent Following the Order Instituting Amendment No. 3 are identical to those noticed for trading price in a Private Placement Proceedings, the Commission received comment in Amendment No. 2. Amendment No. 3 Market.19 10 also contained a complete restated Form 19b–4 The Exchange proposed two changes one additional comment letter. On under the Exchange Act, which contained the same December 8, 2017, the Exchange filed discussions, statutory basis and other sections set to Footnote (E). First, the Exchange Amendment No. 3 to the proposed rule forth in Amendment No. 2, with slight proposed to amend Footnote (E) to change, which superseded and replaced modifications to take into account the deleted provide that, in the absence of any provision. Amendment No. 3 is available at: https:// recent trading in a Private Placement the proposed rule change in its www.sec.gov/comments/sr-nyse-2017-30/ entirety.11 On December 14, 2017, the nyse201730-2782322-161654.pdf. Market, the Exchange will determine 12 See Securities Exchange Act Release No. 82332 that a company has met its market value 4 See Securities Exchange Act Release No. 80933 (December 14, 2017), 82 FR 60442 (December 20, of publicly-held shares requirement if (June 15, 2017), 82 FR 28200 (June 20, 2017) 2017). the company provides a recent (‘‘Original Notice’’). 13 Section 102.01B of the Manual states that a Valuation evidencing a market value of 5 See letter to the Commission from James J. company must demonstrate ‘‘an aggregate market Angel, Ph.D., CFA, Georgetown University, dated value of publicly-held shares of $40,000,000 for 15 The reference to a registration statement refers July 28, 2017 (‘‘Angel Letter’’). companies that list either at the time of their initial to a registration statement effective under the 6 See Securities Exchange Act Release No. 81309 public offerings (‘‘IPO’’) (C) or as a result of spin- offs or under the Affiliated Company standard or, Securities Act. (August 3, 2017), 82 FR 37244 (August 9, 2017). 16 See Section 102.01B, Footnote (E) of the 7 for companies that list at the time of their Initial See Notice, infra note 8, at n. 8, which describe Firm Commitment Underwritten Public Offering Manual. the changes proposed in Amendment No. 2 from (C), and $100,000,000 for other companies (D)(E).’’ 17 See Section 102.01B, Footnote (E) of the the original proposal. Section 102.01B also requires a company to have a Manual, which sets forth specific requirements for 8 See Securities Exchange Act Release No. 81440 closing price, or if listing in connection with an IPO the Valuation. Among other factors, any Valuation (August 18, 2017), 82 FR 40183 (August 24, 2017) or Initial Firm Commitment Underwritten Public used for purposes of Footnote (E) must be provided (‘‘Notice’’). Offering, an IPO or Initial Firm Commitment by an entity that has significant experience and 9 See Securities Exchange Act Release No. 81640 Underwritten Public Offering price per share of at demonstrable competence in the provision of such (September 15, 2017), 82 FR 44229 (September 21, least $4.00 at the time of initial listing. valuations. 2017) (‘‘Order Instituting Proceedings’’). 14 See Section 102.01B, Footnote (C) of the 18 Section 102.01B, Footnote (E) of the Manual 10 See letter to Brent J. Fields, Commission, from Manual, which states that for companies listing at also sets forth specific factors for relying on a Cleary Gottlieb Steen & Hamilton LLP, dated the time of their IPO or Initial Firm Commitment Private Placement Market price, and states that the October 12, 2017 (‘‘Cleary Gottlieb Letter’’). Underwritten Public Offering, the Exchange will Exchange will examine the trading price trends for 11 Amendment No. 3 revised the proposal to rely on a written commitment from the underwriter the stock in the Private Placement Market over a eliminate the proposed changes to Footnote (E) that to represent the anticipated value of the company’s period of several months prior to listing and will would have allowed a company to list immediately offering. For spin-offs, the Exchange will rely on a only rely on such market if it is ‘‘consistent with upon effectiveness of an Exchange Act registration representation from the parent company’s a sustained history [of trading] over that several statement only, without any concurrent IPO or investment banker (or other financial advisor) in month period.’’ Securities Act of 1933 (‘‘Securities Act’’) order to estimate the market value based upon the 19 See Section 102.01B, Footnote (E) of the registration. Except for removing this part of the distribution ratio. Manual.

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publicly-held shares of at least $250 securities to be listed, including any which the security is being transferred million.20 In proposing this change, the right to receive any such securities to the Exchange.31 Exchange expressed the view that the exercisable within 60 days; The Exchange proposed to amend current requirement of Footnote (E) to • The valuation agent or any affiliated Rule 15(c)(1) to add new sub-paragraph rely on recent Private Placement Market entity has provided any investment (D) to specify the Reference Price for a trading in addition to a Valuation may banking services to the listing applicant security that is listed under Footnote cause difficulties for certain companies within the 12 months preceding the date (E). The Exchange proposed that if such that are otherwise clearly qualified for of the Valuation; 25 or security has had recent sustained 21 listing. The Exchange stated that some • The valuation agent or any affiliated trading in a Private Placement Market companies that are clearly large enough entity has been engaged to provide prior to listing, the Reference Price in to be suitable for listing on the Exchange investment banking services to the such scenario would be the most recent do not have their securities traded at all listing applicant in connection with the transaction price in that market or, if no on a Private Placement Market prior to proposed listing or any related such sustained trading has occurred, the going public and, in other cases, the financings or other related Reference Price used would be a price Private Placement Market trading is too transactions.26 determined by the Exchange in limited to provide a reasonable basis for consultation with a financial advisor to reaching conclusions about a company’s 2. Trading Rules the issuer of such security.32 qualification.22 In proposing to adopt a The Exchange also proposed to amend Rule 104(a)(2) provides that the DMM Valuation that must be at least two-and- Exchange Rules 15, 104 and 123D, has a responsibility for facilitating a-half times the $100 million governing the opening of trading, to openings and reopenings for each of the requirement of Section 102.01B of the specify procedures for the opening trade securities in which the DMM is Manual, the Exchange stated that this on the day of initial listing of a company registered as required under Exchange amount ‘‘will give a significant degree of that lists under the proposed rules, which includes supplying comfort that the market value of the amendments to Footnote (E) and did not liquidity as needed. The Exchange company’s shares will meet the [$100 have any recent trading in a Private proposed to amend Rule 104(a)(2) to million] standard upon commencement Placement Market.27 require the DMM to consult with the of trading on the Exchange,’’ issuer’s financial advisor when particularly because any such Valuation Rule 15(b) provides that a DMM will publish a pre-opening indication 28 facilitating the opening on the first day ‘‘must be provided by an entity that has of trading of a security that is listing significant experience and demonstrable before a security opens if the opening transaction on the Exchange is under Footnote (E) and that has not had competence in the provision of such recent sustained history of trading in a 23 anticipated to be at a price that valuations.’’ Private Placement Market prior to Second, the Exchange proposed to represents a change of more than the listing, in order to effect a fair and further amend Footnote (E) by ‘‘Applicable Price Range,’’ 29 from a orderly opening of such security.33 establishing certain criteria that would specified ‘‘Reference Price.’’ 30 Rule The Exchange stated that it believes preclude a valuation agent from being 15(c)(1) specifies that the Reference that such a financial advisor would have considered ‘‘independent’’ for purposes Price for a security (other than an an understanding of the status of of Footnote (E), which the Exchange American Depository Receipt) would be ownership of outstanding shares in the believes will provide a significant either (A) the security’s last reported additional guarantee of the sale price on the Exchange; (B) the company and would have been working security’s offering price in the case of an with the issuer to identify a market for independence of any entity providing 34 such a Valuation.24 Specifically, the IPO; or (C) the security’s last reported the securities upon listing. As a result, Exchange proposed that a valuation sale price on the securities market from it believes such financial advisor would agent will not be deemed to be be able to provide input to the DMM regarding expectations of where such a independent if: 25 For purposes of this provision, ‘‘investment • At the time it provides such banking services’’ includes, without limitation, new listing should be priced, based on Valuation, the valuation agent or any acting as an underwriter in an offering for the pre-listing selling and buying interest issuer; acting as a financial adviser in a merger or and other factors that would not be affiliated person or persons beneficially acquisition; providing venture capital, equity lines own in the aggregate as of the date of the of credit, PIPEs (private investment, public equity available to the DMM through other 35 Valuation, more than 5% of the class of transactions), or similar investments; serving as sources. placement agent for the issuer; or acting as a member of a selling group in a securities 31 20 See proposed Section 102.01B, Footnote (E) of See Rule 15(c)(1). underwriting. See proposed Section 102.01B, 32 the Manual. The Commission notes that the Exhibit See proposed Rule 15(c)(1)(D). Footnote (E) of the Manual. 5 to Amendment No. 3 contains the proposed rule 33 See proposed Rule 104(a)(2). The Exchange 26 language. Any references herein to the proposed See id. stated that this requirement is based in part on rule language shall refer to the language available 27 See Notice, supra note 8, at 41085. Nasdaq Rule 4120(c)(9), which requires that a new in Exhibit 5 to Amendment No. 3, which is 28 Rule 15(a) states that a pre-opening indication listing on Nasdaq that is not an IPO have a financial available from the Exchange or on the will include the security and the price range within advisor willing to perform the functions performed Commission’s website www.sec.gov. See also which the opening price is anticipated to occur. by an underwriter in connection with pricing an Notice, supra note 8. Pre-opening indications are published on the IPO on Nasdaq. See Notice, supra note 8, at 40185. 21 See Notice, supra note 8, at 40184. Exchange’s proprietary data feeds and the securities 34 See Notice, supra note 8, at 40185. 22 See id. information processor (‘‘SIP’’). See Rule 15(a). The 35 See id. The Exchange noted that despite the 23 Id. In its proposal, the Exchange stated that it Exchange may also publish order imbalance proposed obligation to consult with the financial believed that it is unlikely that any Valuation information prior to the opening of a security. The advisor, the DMM would remain responsible for would reach a conclusion that was incorrect to the order imbalance information contains the price at facilitating the opening of trading of such security, degree necessary for a company using this provision which opening interest may be executed in full. See and the opening of such security must take into to fail to meet the $100 million requirement upon Rule 15(g). consideration the buy and sell orders available on listing, in particular because any Valuation used for 29 See Rule 15(d) for a definition of ‘‘Applicable the Exchange’s book. See id. Accordingly, the this purpose must be provided by an entity that has Price Range.’’ Exchange stated that just as a DMM is not bound significant experience and demonstrable 30 Rule 15(b) also provides that a DMM will by an offering price in an IPO, and will open such competence in the provision of such valuations. See publish a pre-opening indication if a security has a security at a price dictated by the buying and id. not opened by 10:00 a.m. Eastern Time. See Rule selling interest entered on the Exchange in that 24 See id. 15(c) for a definition of ‘‘Reference Price.’’ security, a DMM would not be bound by the input

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In its proposal, the Exchange stated promptly and without further delay.41 having sounded out its shareholders that the proposed amendments to both This commenter stated the belief that about their general interest in possibly Rule 15 and Rule 104 are designed to there is no public interest served in selling shares.’’ 49 provide DMMs with information to excluding the listing of a large company IV. Discussion and Commission assist them in meeting their obligations with many investors that does not need Findings to open a new listing under the to raise additional capital through an proposed amended text of Footnote IPO.42 The commenter further stated After careful review, the Commission (E).36 that in determining whether a company finds that the proposed rule change, as The Exchange further proposed to is large enough to meet the listing modified by Amendment No. 3, is amend its rules to provide authority to standards, if a company were to trade at consistent with the requirements of the declare a regulatory halt for a non-IPO a market capitalization far below the Exchange Act and the rules and new listing. As proposed, Rule 123D(d) thresholds, the harm would be to the regulations thereunder applicable to a would provide that the Exchange may Exchange’s reputation, not to the national securities exchange.50 In declare a regulatory halt in a security investing public.43 The commenter particular, the Commission finds that that is the subject of an initial pricing further discussed concerns about how the proposed rule change, as modified on the Exchange and that has not been NYSE will open the market for a by Amendment No. 3, is consistent with listed on a national securities exchange security under the proposal when there Section 6(b)(5) of the Exchange Act,51 or traded in the over-the-counter market is no reliable previous price or offering which requires, among other things, that pursuant to FINRA Form 211 price.44 The commenter stated that if the rules of a national securities immediately prior to the initial NYSE gets the ‘‘offering price ‘wrong,’ exchange be designed to prevent pricing.37 In addition, proposed Rule the secondary market trading will fraudulent and manipulative acts and 123D(d) would provide that this quickly find the market price at which practices, to promote just and equitable regulatory halt would be terminated supply equals demand within a few principles of trade, to remove 45 when the DMM opens the security.38 minutes if not a few seconds.’’ impediments to and perfect the The other commenter also supported mechanism of a free and open market The Exchange stated its belief that it 46 would be consistent with the protection the proposal. The commenter stated and a national market system, and, in of investors and the public interest for that, in terms of the lack of an offering general, to protect investors and the the Exchange, as a primary listing price or price range for the securities, public interest. Section 6(b)(5) of the exchange, to have the authority to the factors that typically underpin the Exchange Act 52 also requires that the price determination in an IPO are all declare a regulatory halt for a security rules of an exchange not be designed to publicly available, such as knowledge of that is the subject of a non-IPO listing permit unfair discrimination between ‘‘comparable public companies and the because it would ensure that a new customers, issuers, brokers, or dealers. trading prices of their shares and the listing that is not the subject of an IPO The Commission has consistently corresponding financial metrics of the could not be traded before the security recognized the importance of exchange new issuer.’’ 47 The commenter also opens on the Exchange.39 listing standards. Among other things, stated that, in any case, ‘‘the opening such listing standards help ensure that III. Summary of Comments price will be quickly adjusted through exchange listed companies will have normal market forces.’’ 48 Further, the The Commission received two sufficient public float, investor base, commenter also did not believe that the and trading interest to provide the depth comments on the proposed rule lack of information on the number of change.40 Both commenters supported and liquidity necessary to promote fair shares that will likely be made available 53 the proposal. and orderly markets. for sale was an issue because although The Exchange has stated that it One commenter urged the the ‘‘absence of a certain block of shares typically expects a company to list in Commission to approve the proposal offered at the outset necessarily creates greater uncertainty ..., that concern 49 Id. he or she receives from the financial advisor. See seems to be reasonably mitigated by the 50 In approving this proposed rule change, the id. at 40185–86. practical reality that an issuer is Commission has considered the proposed rule’s 36 See id. at 40186. impact on efficiency, competition, and capital 37 See proposed Rule 123D(d). The Exchange unlikely to incur the cost—both out of formation. See 15 U.S.C. 78c(f). proposed to renumber current subsection (d) of pocket and in management time—of 51 15 U.S.C. 78f(b)(5). Rule 123D as subsection (e). See proposed Rule undertaking an exchange listing without 52 Id. 123D(e). 53 The Commission has stated in approving 38 See proposed Rule 123D(d). The Exchange 41 See Angel Letter, supra note 5, at 1. exchange listing requirements that the development stated that proposed Rule 123D(d) is based in part 42 See id. at 2. and enforcement of adequate standards governing on (i) Nasdaq Rule 4120(c)(9), which provides that 43 See id. at 3. the listing of securities on an exchange is an activity the process for halting and initial pricing of a of critical importance to the financial markets and 44 See id. security that is the subject of an IPO on Nasdaq is the investing public. In addition, once a security 45 also available for the initial pricing of any other Id. has been approved for initial listing, maintenance security that has not been listed on a national 46 See Cleary Gottlieb Letter, supra note 10, criteria allow an exchange to monitor the status and securities exchange or traded in the over-the- submitted in response to the Order Instituting trading characteristics of that issue to ensure that counter market immediately prior to the initial Proceedings. Several of the comments from this it continues to meet the exchange’s standards for public offering, provided that a broker-dealer commenter focused on the Exchange’s proposal to market depth and liquidity so that fair and orderly serving in the role of financial advisor to the issuer allow a company to list on the Exchange markets can be maintained. See, e.g., Securities of the securities being listed is willing to perform immediately upon effectiveness of an Exchange Act Exchange Act Release Nos. 81856 (October 11, the functions under Nasdaq Rule 4120(c)(7)(B) that registration statement without any concurrent 2017), 82 FR 48296, 48298 (October 17, 2017) (SR– are performed by an underwriter with respect to an Securities Act registration. In Amendment No. 3, NYSE–2017–31); 81079 (July 5, 2017), 82 FR 32022, initial public offering; and (ii) Nasdaq Rule the Exchange removed this aspect of its proposal 32023 (July 11, 2017) (SR–NYSE–2017–11). The 4120(c)(8)(A), which provides that such halt from its proposed rule change. Therefore, those Commission notes that, in general, adequate listing condition shall be terminated when the security is comments that related solely to the deleted portion standards, by promoting fair and orderly markets, released for trading on Nasdaq. See Notice, supra of the Exchange proposal are not relevant to the are consistent with Section 6(b)(5) of the Exchange note 8, at 40186. amended proposal. See Amendment No. 3, supra Act, in that they are, among other things, designed 39 See Notice, supra note 8, at 40186. note 11. to prevent fraudulent and manipulative acts and 40 See Angel Letter, supra note 5, and Cleary 47 Cleary Gottlieb Letter, supra note 10, at 3. practices, promote just and equitable principles of Gottlieb Letter, supra note 10. 48 Id. trade and protect investors and the public interest.

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connection with a firm commitment will provide that, in the absence of any consistent with Section 6(b)(5) of underwritten IPO, upon transfer from recent trading in a Private Placement Exchange Act and the protection of another market, or pursuant to a spin- Market, the Exchange will determine investors, these new independence off.54 The Exchange listing standards that such company has met its market requirements should help to ensure that currently contain a provision, approved value of publicly-held shares the Valuation is reliable.61 in 2008, that gives the Exchange requirement if the company provides a The Exchange also has proposed to discretion to list companies upon Valuation from an independent third amend certain of its procedures to effectiveness of a registration statement party evidencing a market value of address how the DMM is to establish the under the Securities Act that is filed publicly-held shares of at least $250 Reference Price in connection with the solely for the purpose of allowing million. According to the Exchange, opening, on the first day of trading, of existing shareholders to resell shares ‘‘[a]dopting a requirement that the a security listed under Footnote (E).62 they obtained in earlier private Valuation must be at least two-and-a- Specifically, for a security with placements if such companies can half times the $100 million requirement sustained trading in a Private Placement evidence $100 million of publicly held will give a significant degree of comfort Market, the Reference Price will be the shares based on the lesser amount from that the market value of the company’s most recent transaction price in that a Valuation provided by an independent shares will meet the standard upon market; otherwise the Reference Price third party or the price in a Private commencement of trading on the will be determined by the Exchange in Placement Market.55 Exchange.’’ 57 The Commission believes consultation with a financial advisor to As noted above, the Exchange has that requiring a company that does not the issuer. The DMM will also be proposed to provide an alternative in have a recent and sustained history of required to consult with the financial cases where there is not sufficient trading of its securities in a Private advisor to the issuer where there is no Private Placement Market trading to Placement Market to provide a recent sustained history of trading in establish a reliable price. The Exchange Valuation of at least $250 million order to effect a fair and orderly opening has also proposed additional standards should provide the Exchange with a of such security.63 The Commission concerning the independence of the reasonable level of assurance that the believes that the proposed changes third party agent providing the company’s market value supports listing should help establish a reliable Valuation. on the Exchange and the maintenance of Reference Price, and provide additional The Commission believes that the fair and orderly markets thereby information to the DMM, and thereby proposed rule change will provide a protecting investors and the public facilitate the opening by the DMM, means for a category of companies with interest in accordance with Section when trading first commences on the securities that have not previously been 6(b)(5) of the Exchange Act. Exchange for certain securities not listed traded on a public market and that are Exchange rules also seek to ensure in connection with an underwritten listing only upon effectiveness of a that the Valuation is reliable by IPO, and should help to promote fair selling shareholder registration requiring it to be provided by an and orderly markets. The Commission statement, without a related independent third party that has believes these changes, consistent with underwritten offering, and without significant experience and demonstrable Section 6(b)(5) of the Exchange Act, are recent trading in a Private Placement competence in providing valuations of reasonably designed to protect investors Market, to list on the Exchange. In companies.58 The proposed rule change and the public interest and promote just particular, for such companies that establishes additional independence and equitable principles of trade for the otherwise meet NYSE’s listing criteria, pursuant to which the valuation opening of securities listed under the standards,56 the proposed rule change agent will not be ‘‘independent’’ if the new standards. valuation agent, or any affiliated person, Finally, the Exchange has proposed 54 See Notice, supra note 8, at 40183. owns in the aggregate more than 5% of that it be permitted to declare a 55 According to the Exchange, companies listing the securities to be listed,59 or has regulatory halt in certain securities that their securities upon a selling shareholder are the subject of an initial pricing on registration statement have sold securities in one or provided investment banking services to more private placements and do not wish to raise the company in the 12 months prior to the Exchange, and have not been listed cash in an offering at the time of listing, unlike a the Valuation or in connection with the on an exchange or quoted in an over- company listing in conjunction with its IPO. listing.60 The Commission believes that, Because the Exchange believed such companies 61 The Commission also notes that companies meeting all other listing standards should not be listing pursuant to the new proposed provision will barred from listing, the Exchange proposed publicly-held shares), the requirements of Section 102.01B (which includes a $4.00 price requirement be required to meet the distribution requirements of Footnote (E) to the listing standards which the Section 102.01A of the Manual, the requirements of Commission approved in 2008. In proposing at the time of initial listing), and one of the financial standards set forth in Section 102.01C of the Section 102.01(B) of the Manual, and one of the Footnote (E) in 2008, the Exchange stated that with financial standards in Section 102.01C of the Manual (i.e., the Earnings Test or the Global Market such companies, there is no public trading market Manual, which are the same requirements that Capitalization Test), as well as comply with all to rely on to evaluate whether the company meets apply to most equity listings on the Exchange. See other applicable NYSE rules, including the the market value standard as with a company note 56, supra. corporate governance requirements. transferring from another market, nor is there a 62 57 Under Rule 15 a DMM is required to publish public offering whose price would provide the basis See Notice, supra note 8, at 40184. Further, in a pre-opening indication before a security opens if for a letter of the type typically provided by approving Footnote (E) in 2008, the Commission the opening transaction on the Exchange is underwriters for companies listing in conjunction recognized that ‘‘the most recent trading price in a anticipated to be at a price that represents a change with an IPO. See Section 102.01B, Footnote (E); Private Placement Market may be an imperfect of more than the ‘‘Applicable Price Range’’ from a Securities Exchange Act Release No. 58550 indication as to the value of a security upon listing, specified Reference Price. Under Rule 15, for (September 15, 2008), 73 FR 54442, 54442–43 in part because the Private Placement Markets example, the ‘‘Applicable Price Range’’ for (September 19, 2008) (SR–NYSE–2008–68) (‘‘NYSE generally do not have the depth and liquidity and determining whether to publish a pre-opening 2008 Order’’). See also notes 18–19 supra and price discovery mechanisms found on public indication is 5% for securities with a Reference accompanying text, describing the requirements in trading markets.’’ NYSE 2008 Order, supra note 55, Price over $3.00. at 54443. current rule to be able to rely on a Private 63 In its proposal, the Exchange stated that such 58 Placement Market. See Footnote (E) for additional requirements for ‘‘financial advisor would be able to provide input 56 Companies listing upon an effective the Exchange to be able to rely on the Valuation. to the DMM regarding expectations of where such registration statement would have to meet the 59 This calculation of ownership will include any a new listing should be priced, based on pre-listing distribution requirements set forth in Section right to receive such securities exercisable within selling and buying interest and other factors that 102.01A (i.e., that the company have 400 beneficial 60 days. would not be available to the DMM through other holders of round lots of 100 shares and 1,100,000 60 See supra notes 24–26, and accompanying text. sources.’’ See Notice, supra note 8, at 40185.

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the-counter quotation medium with respect to the proposed rule Amendment No. 3 thereto, be, and immediately prior thereto. Such change that are filed with the hereby is, approved on an accelerated regulatory halt will be terminated when Commission, and all written basis. the DMM opens the security, and is for communications relating to the For the Commission, by the Division of the limited purpose of precluding other proposed rule change between the Trading and Markets, pursuant to delegated markets from trading a security until the Commission and any person, other than authority.69 Exchange has completed the initial those that may be withheld from the Brent J. Fields, pricing process. The Commission public in accordance with the Secretary. believes this proposed change also provisions of 5 U.S.C. 552, will be [FR Doc. 2018–02501 Filed 2–7–18; 8:45 am] should facilitate the initial opening by available for website viewing and BILLING CODE 8011–01–P the DMM of certain securities not listed printing in the Commission’s Public in connection with an underwritten Reference Room, 100 F Street NE, IPO, and thereby promote fair and Washington, DC 20549 on official SECURITIES AND EXCHANGE orderly markets and the protection of business days between the hours of COMMISSION investors.64 10:00 a.m. and 3:00 p.m. Copies of such For the reasons set forth above, the filing also will be available for [Release No. 34–82623; File No. SR–IEX– Commission finds that the proposed inspection and copying at the principal 2018–01] rule change, as modified by Amendment office of the Exchange. All comments Self-Regulatory Organizations; No. 3, is consistent with the Exchange received will be posted without change. Investors Exchange LLC; Notice of Act. Persons submitting comments are cautioned that we do not redact or edit Filing and Immediate Effectiveness of V. Solicitation of Comments on personal identifying information from Proposed Rule Change To Modify the Amendment No. 3 comment submissions. You should Default Handling of Market Orders Interested persons are invited to submit only information that you wish Entered With a Time-in-Force of DAY submit written data, views, and to make available publicly. All February 2, 2018. arguments concerning whether submissions should refer to File Pursuant to Section 19(b)(1) 1 of the Amendment No. 3 is consistent with the Number SR–NYSE–2017–30, and Securities Exchange Act of 1934 (the Exchange Act. Comments may be should be submitted on or before March ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 submitted by any of the following 1, 2018. notice is hereby given that, on January methods: VI. Accelerated Approval of Proposed 22, 2018, the Investors Exchange LLC Electronic Comments Rule Change, as Modified by (‘‘IEX’’ or the ‘‘Exchange’’) filed with the • Amendment No. 3 Securities and Exchange Commission Use the Commission’s internet (the ‘‘Commission’’) the proposed rule The Commission finds good cause to comment form (http://www.sec.gov/ change as described in Items I, II and III approve the proposed rule change, as rules/sro.shtml); or below, which Items have been prepared • modified by Amendment No. 3, prior to Send an email to rule-comments@ by the self-regulatory organization. The the thirtieth day after the date of sec.gov. Please include File Number SR– Commission is publishing this notice to publication of the notice of Amendment NYSE–2017–30 on the subject line. solicit comments on the proposed rule No. 3 in the Federal Register. The change from interested persons. Paper Comments Commission notes that the proposed • Send paper comments in triplicate rule change, as modified by Amendment I. Self-Regulatory Organization’s to Brent J. Fields, Secretary, Securities No. 3 remains identical to the version Statement of the Terms of Substance of and Exchange Commission, 100 F Street published for notice and comment on the Proposed Rule Change NE, Washington, DC 20549–1090. August 24, 2017,65 except for the 66 Pursuant to the provisions of Section All submissions should refer to File proposed deletion described above, 19(b)(1) under the Securities Exchange Number SR–NYSE–2017–30. This file and that the only comments the Act of 1934 (‘‘Act’’),4 and Rule 19b–4 number should be included on the Commission received on this proposed thereunder,5 Investors Exchange LLC subject line if email is used. To help the rule change were in support of the (‘‘IEX’’ or ‘‘Exchange’’) is filing with the Commission process and review your proposal. The Commission also has Securities and Exchange Commission comments more efficiently, please use found that the proposal, as modified by (‘‘Commission’’) a proposed rule change only one method. The Commission will Amendment No. 3, is consistent with to modify the default handling of market post all comments on the Commission’s the Exchange Act for the reasons orders 6 entered with a time-in-force of internet website (http://www.sec.gov/ discussed herein. Accordingly, the DAY.7 The Exchange has designated rules/sro.shtml). Copies of the Commission finds good cause for this rule change as ‘‘non-controversial’’ submission, all subsequent approving the proposed rule change, as under Section 19(b)(3)(A) of the Act 8 amendments, all written statements modified by Amendment No. 3, on an and provided the Commission with the accelerated basis, pursuant to Section 67 notice required by Rule 19b–4(f)(6) 64 The proposed regulatory halt allows the 19(b)(2) of the Exchange Act. thereunder.9 The text of the proposed Exchange to have a similar opening procedure for securities listed pursuant to Footnote (E) as an IPO VII. Conclusion 69 security under Section 12(f) of the Exchange Act It is Therefore Ordered, pursuant to 17 CFR 200.30–3(a)(12). and Rule 12f–2, since such securities raise similar 1 15 U.S.C. 78s(b)(1). 68 issues in terms of initial pricing on the first day of Section 19(b)(2) of the Exchange Act, 2 15 U.S.C. 78a. trading. See 15 U.S.C. 78l(f); 17 CFR 240.12f–2. that the proposed rule change (SR– 3 17 CFR 240.19b–4. Similar to unlisted trading privilege rules that NYSE–2017–30), as modified by 4 15 U.S.C. 78s(b)(1). prevent other exchanges from trading an IPO 5 17 CRF 240.19b–4. security until the primary listing market has 65 6 reported the first opening trade, the regulatory halt See Notice, supra note 8. See Rule 11.190(a)(2). will allow the DMM to complete the initial pricing 66 See note 11, supra. 7 See Rule 11.190(c)(3). and open the security before other markets can 67 15 U.S.C. 78s(b)(2). 8 15 U.S.C. 78s(b)(3)(A). trade. 68 Id. 9 17 CFR 240.19b–4.

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rule change is available at the away pursuant to IEX Rule 11.230(a)(2). trading because of their aggressive Exchange’s website at A routable market order will trade at trading characteristics. As a result, the www.iextrading.com, at the principal increasingly aggressive prices, fully Exchange determined that the default office of the Exchange, and at the satisfying all Protected Quotations, until treatment for market DAY orders was Commission’s Public Reference Room. the order is fully filled, reaches the appropriate. LULD Price Band,16 or reaches the On August 4, 2017, the Commission II. Self-Regulatory Organization’s Router Constraint.17 approved a proposed rule change filed Statement of the Purpose of, and the Pursuant to Rule 11.190(a)(2)(A), by the Exchange to adopt rules Statutory Basis for, the Proposed Rule market orders must have a time-in-force governing auctions for IEX-listed Change of IOC, FOK, or, DAY, depending on the securities, including Opening and In its filing with the Commission, the User election.18 Pursuant to Rule Closing Auction processes that establish self-regulatory organization included 11.190(a)(2)(E)(iii), market DAY orders, IEX Official Opening and Closing Prices statements concerning the purpose of by default, are rejected, unless the User for each trading day, as well as IPO, and basis for the proposed rule change specifically elects to configure one or Halt, and Volatility Auction processes and discussed any comments it received more of its connectivity ports to accept utilized to conduct initial public on the proposed rule change. The text market DAY orders.19 Market orders offerings, and resume trading after a of these statement may be examined at with a time-in-force of IOC and FOK are regulatory trading halt or pause in an the places specified in Item IV below. accepted and eligible to trade during the IEX-listed security (collectively, ‘‘IEX The self-regulatory organization has Regular Market Session only.20 Market Auctions’’).22 prepared summaries, set forth in DAY orders are eligible to trade or route During the iterative process of Sections A, B, and C below, of the most during the Regular Market Session and designing IEX Auctions, informal significant aspects of such statements. treated by the System as having a time- discussions with various market participants indicated that A. Self-Regulatory Organization’s in-force of IOC. Furthermore, market notwithstanding the atypical use-case Statement of the Purpose of, and the DAY orders submitted before the open for the entry of market DAY orders Statutory Basis for, the Proposed Rule of the Regular Market Session are during continuous trading, such orders Change queued by the System until the Opening Auction (or Halt Auction, as are in fact ordinarily utilized by 1. Purpose applicable) 21 for IEX-listed securities, investors to interact with the auction The purpose of this proposed rule or until the Opening Process for non- processes of certain primary listing change is to modify the default handling IEX listed securities pursuant to IEX markets, because market DAY orders of market orders entered with a time-in- Rule 11.231, except market DAY orders retain their aggressive pricing force of DAY (hereinafter referred to as that are designated to route pursuant to characteristics, which increases the ‘‘market DAY orders’’). Rule 11.230(c). likelihood of execution and adds depth Pursuant to Rule 11.190(a)(2), the Furthermore, pursuant to Rule of liquidity in the auction, while Exchange offers Users a market order, 11.190(f)(1), market orders, including remaining constrained to the auction which is an order type that allows Users market DAY orders entered during match price, therefore passively to buy or sell a stated amount of a continuous trading are subject to the benefiting from the price discovery security that is to be executed at or IEX Order Collar, which prevents any process.23 Accordingly, as proposed, the better than the NBBO at the time the incoming order or order resting on the Exchange will instead allow all order reaches the Exchange.10 Order Book, including those marked connectivity port sessions across all Specifically, pursuant to Rule ISO, from executing at a price outside Members to accept market DAY orders 11.190(a)(2), market orders do not trade the Order Collar price range (i.e. by default. through Protected Quotations,11 prevents buy orders from trading at Accordingly, the Exchange designed consistent with Rule 611(a)(1) of prices above the collar and prevents sell the IEX Auction processes to account for 12 orders from trading at prices below the market DAY orders by queueing such Regulation NMS. Moreover, any 24 portion of a market order that is collar). The order collar price range is orders on the Auction Book for designated as an IEX Only order 13 will calculated using the numerical participation in an upcoming auction be canceled if, upon receipt by the guidelines for clearly erroneous when the order type is not eligible for System,14 it cannot be executed by the executions. trading in the current market session Exchange in accordance with the The default treatment for market DAY (i.e., during the Pre-Market Session for Exchange’s order execution rules.15 Any orders was implemented based on the Opening Auction), or when there is informal discussions with various no active continuous trading (i.e., portion of a market order that is not 25 designated as an IEX Only order (i.e., market participants who indicated that during the Order Acceptance Period routable orders as described in IEX Rule such orders are not typically utilized by before an IPO, Halt, or Volatility 11.230(b)) that cannot be executed in market participants during continuous Auction), and then immediately full in accordance with the Exchange’s canceling any unfilled portion order execution rules when reaching the 16 See Rule 11.280(e)(5)(A). immediately after the auction. This Exchange will be eligible for routing 17 See Rule 11.190(f)(2). design allows Users to leverage the 18 Market orders with a time-in-force of GTT, benefits of interacting with the IEX GTX, and SYS, are rejected. See Rules 10 A market order is always non displayed, may Auction processes using market DAY 11.190(a)(2)(E)(iv)–(vi). orders while mitigating the potentially be a MQTY (as defined in Rule 11.190(b)(11)), may 19 A User can elect for the Exchange to accept be routable or IEX Only, may not be designated as market orders with a time-in-force of DAY on the an ISO (as defined in Rule 11.190(b)(12)), and may Equities Port Request Form on pages 8–9 of its 22 See Securities Exchange Act Release No. 81316 not be submitted with a limit price. See Rules initial IEX Connectivity Agreement and Forms. A (August 4, 2017), 82 FR 37474 (August 10, 11.190(a)(2)(B)–(D), and (F)-(G). User may also change an existing connectivity port 2017)(SR–IEX–2017–10). See also Rules 11 See Rule 1.160(bb) to accept market orders with a time-in-force of DAY 11.350(a)(12) and (10), respectively. 12 See 17 CFR 242.611(a)(1). by submitting an updated Equities Port Request 23 See e.g., Cboe BZX Exchange, Inc. (‘‘Bats’’) 13 See Rule 11.190(b)(6). Form to [email protected]. Rules 11.9(a)(2) and 11.23(a)(8). 14 See Rule 1.160(nn). 20 See Rule 1.160(gg). 24 See Rule 11.350(a)(1). 15 See Rules 11.230 and 11.230(a). 21 See Rule 11.350(c). 25 See Rules 11.1350(a)(29)(A)–(C).

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harmful impact of such orders that addition, as part of the listings market DAY orders, the proposed rule could manifest during continuous initiative, the Exchange is providing a changes are consistent with the trading. Specifically, pursuant to Rule series of industry wide weekend tests protection of investors and the public 11.350(a)(1): for the Exchange and its Members to interest because the limitations on • The Opening and IPO Auction Books exercise the various technology changes execution of market orders, as discussed include market orders with a time-in-force of required to support IEX Auctions and in the purpose section, would continue DAY entered during the Order Acceptance listings functionality.28 Accordingly, the to mitigate against potential adverse Period, and in the case of the Opening Exchange is proposing to amend the market impact from such orders during Auction, before the Opening Auction Lock-In default acceptance of market DAY continuous trading. Time; 26 orders in advance of the industry wide Additionally, IEX notes that no other • The Halt Auction Book includes market testing period in order to allow exchange utilizes default rejection of orders with a time-in-force of DAY received Members and other market participants orders comparable to market DAY order during the Order Acceptance Period within time to develop, test, and deploy any types.31 the Regular Market Session, or queued prior necessary changes to support the Moreover, the Exchange believes that to the Regular Market Session for securities the proposed rule changes are consistent that have not traded during the Regular handling of market DAY orders for Market Session on that trading day (i.e., participation in IEX Auctions. with the protection of investors and the public interest because the Exchange is market orders with a time-in-force of DAY 2. Statutory Basis entered during the Pre-Market Session for the proposing to amend the default behavior Opening Auction that are participating in a IEX believes that the proposed rule of market DAY orders during the Halt Auction pursuant to Rule 11.350(c)(2)(D) change is consistent with the provisions industry wide testing period for or (E)(ii)); and of Section 6(b) 29 of the Act in general, Members and other market participants • The Volatility Auction Book includes and furthers the objectives of Section to test with IEX as a primary listing market orders with a time-in-force of DAY 6(b)(5) of the Act 30 in particular, in that exchange, and in advance of the first received during the Order Acceptance Period it is designed to prevent fraudulent and listing transferring to IEX, which will within the Regular Market Session. manipulative acts and practices, to allow Members and other market However, if a User does not have their promote just and equitable principles of participants time to develop, test, and connectivity ports properly configured trade, to remove impediments to and deploy any necessary changes to to allow market DAY orders, such perfect the mechanism of a free and support the handling of market DAY auction interest would be rejected by open market and a national market orders for participation in IEX default. While, as noted above, a User system, and, in general, to protect Auctions.32 can elect for the Exchange to accept investors and the public interest. Furthermore, as discussed in the market DAY orders by submitting an The proposed rule change is purpose section, the process of making Equities Port Request Form, the process consistent with the protection of system changes to modify, test, and of making system changes to modify, investors and the public interest, deploy the port setting configurations test, and deploy the configuration adds because it does not alter the substantive on a Member-by-Member basis adds additional complexity for Members and behavior of market DAY orders, but additional technical complexities for the Exchange. Therefore, to simplify instead simplifies the process of Members and the Exchange. Thus, the User interaction with the System and entering market DAY orders for all Exchange believes the proposed rule allow Users to efficiently leverage the Members. Specifically, the proposed changes are consistent with the benefits of interacting with the IEX changes are designed to simplify User protection of investors and the public Auction processes using market DAY interaction with the System and allow interest in that the Exchange is orders, the Exchange is proposing to Users to efficiently leverage the benefits proposing to simplify the process of eliminate the default rejection of market of interacting with the IEX Auction entering market DAY orders, thereby DAY orders and the corresponding User processes by eliminating the default reducing overall technical complexities elected connectivity port settings for the rejection of market DAY orders and the within the System that raise risks to acceptance of market DAY orders. As corresponding User elected connectivity Exchange operations, Members, and proposed, the Exchange will instead port settings for the acceptance of their investor clients. allow all connectivity port sessions market DAY orders. The Exchange Lastly, the Exchange believes that the across all Members to accept market further believes that since the proposed proposed rule change would not result DAY orders by default. changes do not amend the behavior of in unfair discrimination, since the The proposed changes do not amend proposed changes amend the default the behavior of market DAY orders, as Timelines), May 31, 2017. See also IEX Trading behavior of market DAY orders across Alert #2017–046 (IEX Listings Timeline Update), described above. Moreover, originally published on Monday, October 30, 2017, all connectivity ports. Thus, all notwithstanding the potentially and re-published on Tuesday, October 31, 2017. Members will be eligible to enter market aggressive trading characteristics of 28 See, e.g., IEX Trading Alert #2017–028 (First DAY orders on a fair and equal basis. market orders generally, the Exchange Listings Functionality Industry Test on Saturday, August 26), August 17, 2017; IEX Trading Alert B. Self-Regulatory Organization’s believes that there are sufficient #2017–037 (Second Listings Functionality Industry Statement on Burden on Competition limitations on execution of market Test on Saturday, September 9), September 7, 2017; orders, as described above, to mitigate IEX Trading Alert #2017–039 (Third Listings IEX does not believe that the against such concerns. Functionality Industry Test on Saturday, September proposed rule change will result in any 23), September 18, 2017; IEX Trading Alert #2017– burden on competition that is not As announced in IEX Trading Alerts 040 (Rescheduled 4th Listing Functionality #2017–015 and #2017–046, the Industry Test), September 29, 2017; IEX Trading necessary or appropriate in furtherance Exchange intends to become a primary Alert #2017–046 (IEX Listings Timeline Update), of the purposes of the Act. The originally published on Monday, October 30, 2017, Exchange believes that the proposed listing exchange and support its first and re-published on Tuesday, October 31, 2017; 27 changes do not impact inter-market IEX-listed security in 2018. In and IEX Trading Alert #2017–047 (Fourth Listings Functionality Industry Test on Saturday, November competition since it is merely designed 26 See Rule 11.350(a)(22). 4), October 31, 2017. 27 See IEX Trading Alert #2017–015 (Listings 29 15 U.S.C. 78f. 31 See, e.g., Bats Rule 11.9(a)(2). Specifications, Testing Opportunities, and 30 15 U.S.C. 78f(b)(5). 32 See supra note 28.

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to simplify the entry of market DAY Comments may be submitted by any of SECURITIES AND EXCHANGE orders for all Members, without the following methods: COMMISSION substantively changing the approved Electronic Comments rules governing the behavior of such [Release No. 34–82631; File No. SR–NSCC– orders. Moreover, as noted above, no • Use the Commission’s internet 2017–808] competing exchanges impose a similar comment form (http://www.sec.gov/ requirement. rules/sro.shtml); or Self-Regulatory Organizations; In addition, the Exchange does not National Securities Clearing • believe that the proposed changes will Send an email to rule-comments@ Corporation; Notice of Filing of have any impact on intra-market sec.gov. Please include File Number SR– Advance Notice, as Modified by competition, because as discussed in IEX–2018–01 on the subject line. Amendment No. 1, To Enhance the purpose section, the proposed changes Paper Comments Calculation of the Volatility Component amend the default behavior of market of the Clearing Fund Formula That DAY orders across all connectivity • Send paper comments in triplicate Utilizes a Parametric Value-at-Risk ports. Thus, all Members will be eligible to Brent J. Fields, Secretary, Securities Model and Eliminate the Market Maker to enter market DAY orders on a fair and and Exchange Commission, 100 F Street Domination Charge equal basis. NE, Washington, DC 20549–1090. February 5, 2018. C. Self-Regulatory Organization’s All submissions should refer to File Pursuant to Section 806(e)(1) of Title Statement on Comments on the Number SR–IEX–2018–01. This file VIII of the Dodd-Frank Wall Street Proposed Rule Change Received From number should be included in the Reform and Consumer Protection Act Members, Participants, or Others subject line if email is used. To help the entitled the Payment, Clearing, and Written comments were neither Commission process and review your Settlement Supervision Act of 2010 solicited nor received. comments more efficiently, please use (‘‘Clearing Supervision Act’’) 1 and Rule only one method. The Commission will 19b–4(n)(1)(i) under the Securities III. Date of Effectiveness of the post all comments on the Commission’s Proposed Rule Change and Timing for Exchange Act of 1934, as amended internet website (http://www.sec.gov/ 2 Commission Action (‘‘Act’’), notice is hereby given that on rules/sro.shtml). Copies of the December 28, 2017, National Securities The Exchange has designated this rule submission, all subsequent Clearing Corporation (‘‘NSCC’’) filed filing as non-controversial under amendments, all written statements with the Securities and Exchange Section 19(b)(3)(A) 33 of the Act and with respect to the proposed rule Commission (‘‘Commission’’) the Rule 19b–4(f)(6) 34 thereunder. Because change that are filed with the advance notice SR–NSCC–2017–808. On the proposed rule change does not: (i) Commission, and all written January 10, 2018, NSCC filed Significantly affect the protection of communications relating to the Amendment No. 1 to the advance investors or the public interest; (ii) proposed rule change between the notice.3 The advance notice, as impose any significant burden on Commission and any person, other than modified by Amendment No. 1 competition; and (iii) become operative those that may be withheld from the (hereinafter, the ‘‘Advance Notice’’) is for 30 days from the date on which it public in accordance with the described in Items I, II and III below, was filed, or such shorter time as the provisions of 5 U.S.C. 552, will be which Items have been prepared by the Commission may designate, it has available for website viewing and clearing agency.4 The Commission is become effective pursuant to Section printing in the Commission’s Public publishing this notice to solicit 19(b)(3)(A) of the Act and Rule 19b– Reference Section, 100 F Street NE, comments on the Advance Notice from 4(f)(6) thereunder. Washington, DC 20549–1090. Copies of interested persons. At any time within 60 days of the the filing will also be available for I. Clearing Agency’s Statement of the filing of the proposed rule change, the inspection and copying at the IEX’s Commission summarily may Terms of Substance of the Advance principal office and on its internet Notice temporarily suspend such rule change if website at www.iextrading.com. All it appears to the Commission that such comments received will be posted The advance notice of NSCC consists action is necessary or appropriate in the without change. Persons submitting of modifications to NSCC’s Rules & public interest, for the protection of comments are cautioned that we do not investors, or otherwise in furtherance of redact or edit personal identifying 1 12 U.S.C. 5465(e)(1). the purposes of the Act. If the information from comment submissions. 2 17 CFR 240.19b–4(n)(1)(i). Commission takes such action, the 3 You should submit only information In Amendment No. 1 to the advance notice, Commission shall institute proceedings that you wish to make available NSCC amended and replaced in its entirety the under Section 19(b)(2)(B) 35 of the Act to originally filed confidential Exhibit 3a with a new publicly. All submissions should refer determine whether the proposed rule confidential Exhibit 3a in order to remove to File Number SR–IEX–2018–01 and references to a practice that is not to be considered change should be approved or should be submitted on or before March as part of this filing. disapproved. 4 1, 2018. On December 28, 2017, NSCC filed this Advance Notice as a proposed rule change (SR–NSCC–2017– IV. Solicitation of Comments For the Commission, by the Division of 020) with the Commission pursuant to Section Interested persons are invited to Trading and Markets, pursuant to delegated 19(b)(1) of the Act, 15 U.S.C. 78s(b)(1), and Rule 36 19b–4 thereunder, 17 CFR 240.19b–4. On January submit written data, views and authority. 10, 2018, NSCC filed Amendment No. 1 to the arguments concerning the foregoing, Eduardo A. Aleman, proposed rule change to amend and replace in its entirety the originally filed confidential Exhibit 3a including whether the proposed rule Assistant Secretary. change is consistent with the Act. with a new confidential Exhibit 3a in order to [FR Doc. 2018–02483 Filed 2–7–18; 8:45 am] remove references to a practice that is not to be BILLING CODE 8011–01–P considered as part of this filing. A copy of the 33 15 U.S.C. 78s(b)(3)(A). proposed rule change, as modified by Amendment 34 17 CFR 240.19b–4(f)(6). No. 1, is available at http://www.dtcc.com/legal/ 35 15 U.S.C. 78s(b)(2)(B). 36 17 CFR 200.30–3(a)(12). sec-rule-filings.

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Procedures (‘‘Rules’’) 5 in order to (B) Advance Notice Filed Pursuant to Charge was first introduced, it was enhance the calculation of the volatility Section 806(e) of the Clearing developed to only address concentration component of the Clearing Fund Supervision Act risks presented by Net Unsettled formula that utilizes a parametric Value- Positions in certain securities that are Description of Proposed Changes at-Risk (‘‘VaR’’) model (‘‘VaR Charge’’) traded by firms that are designated by (1) adding an additional calculation NSCC is proposing to enhance the Market Makers, as described in greater utilizing the VaR model that calculation of the VaR Charge by detail below. Given this limited scope of incorporates an evenly-weighted introducing an additional estimation of application of this charge, and because volatility estimation, which would volatility that would be incorporated NSCC believes it more effectively supplement the current calculation that into the VaR model, and introducing addresses the risks this charge was utilizes the VaR model but incorporates two additional calculations, the Gap designed to address through other risk an exponentially-weighted moving Risk Measure and the Portfolio Margin management measures, including the average (‘‘EWMA’’) volatility Floor, that NSCC believes would proposed Gap Risk Measure calculation estimation,6 where the higher of the two collectively enhance its ability to of the VaR Charge, NSCC is proposing calculations would be the core mitigate market price risk. NSCC to eliminate the MMD Charge. parametric result (‘‘Core Parametric currently calculates the VaR Charge by Each of these proposed changes is Estimation’’); and (2) introducing two applying a parametric VaR model that described in more detail below. additional formulas to the calculation of incorporates an EWMA volatility estimation. NSCC is proposing to (i) Overview of the Required Deposit the VaR Charge—the Gap Risk Measure and NSCC’s Clearing Fund and the Portfolio Margin Floor, where introduce an additional calculation that the results of these two calculations also applies the parametric VaR model As part of its market risk management would be compared to the Core but replaces the EWMA volatility strategy, NSCC manages its credit exposure to Members by determining Parametric Estimation and the highest of estimation with an evenly-weighted 7 the appropriate Required Deposits to the the three would be a Member’s final volatility estimation. The result of Clearing Fund and monitoring its VaR Charge, as described in greater these two calculations using the sufficiency, as provided for in the detail below. parametric VaR model would be compared and the higher of the two Rules.10 The Required Deposit serves as NSCC is also proposing to eliminate would be the Core Parametric each Member’s margin. The objective of the existing Market Maker Domination Estimation. a Member’s Required Deposit is to component (‘‘MMD Charge’’) from the NSCC is also proposing to introduce mitigate potential losses to NSCC Clearing Fund formula, as described in two additional calculations to arrive at associated with liquidation of such greater detail below. a final VaR Charge, the Gap Risk Member’s portfolio in the event that Measure and the Portfolio Margin Floor. NSCC ceases to act for such Member II. Clearing Agency’s Statement of the 11 Purpose of, and Statutory Basis for, the NSCC would use the highest result (hereinafter referred to as a ‘‘default’’). Advance Notice between the Core Parametric Estimation, The aggregate of all Members’ Required the Gap Risk Measure, when applicable, Deposits constitutes the Clearing Fund In its filing with the Commission, the and the Portfolio Margin Floor of NSCC, which it would access should clearing agency included statements calculations as a Member’s final VaR a defaulting Member’s own Required concerning the purpose of and basis for Charge.8 Deposit be insufficient to satisfy losses the Advance Notice and discussed any Each of the separate calculations to NSCC caused by the liquidation of comments it received on the Advance would provide NSCC with a measure of that Member’s portfolio. Notice. The text of these statements may the market price risk presented by the Pursuant to NSCC’s Rules, each be examined at the places specified in Net Unsettled Positions and Net Balance Member’s Required Deposit amount Item IV below. The clearing agency has Order Unsettled Positions (for purposes consists of a number of applicable prepared summaries, set forth in of this filing, referred to collectively components, each of which is calculated sections A and B below, of the most herein as ‘‘Net Unsettled Positions’’) 9 in to address specific risks faced by NSCC, significant aspects of such statements. a Member’s portfolio. Collectively, the as identified within Procedure XV of the proposed enhancements to the Rules.12 The volatility component of (A) Clearing Agency’s Statement on calculation of the VaR Charge would each Member’s Required Deposit is Comments on the Advance Notice permit NSCC to more effectively cover designed to measure market price Received From Members, Participants, its credit exposures and produce margin volatility and is calculated for Members’ or Others levels commensurate with the risks and Net Unsettled Positions. The volatility particular attributes of each Member’s component is designed to capture the While NSCC has not solicited or portfolio, as described in greater detail market price risk associated with each received any written comments relating below. Member’s portfolio at a 99th percentile to this proposal, NSCC has conducted NSCC is also proposing to eliminate outreach to Members in order to provide 10 the existing MMD Charge from the See Rule 4 (Clearing Fund) and Procedure XV them with notice of the proposal. NSCC Clearing Fund formula. When the MMD (Clearing Fund Formula and Other Matters), supra will notify the Commission of any note 4. NSCC’s market risk management strategy is written comments received by NSCC. designed to comply with Rule 17Ad–22(e)(4) under 7 See id. the Act, where these risks are referred to as ‘‘credit 8 NSCC may calculate Members’ VaR Charge on risks.’’ 17 CFR 240.17Ad–22(e)(4). 5 Capitalized terms not defined herein are defined an intraday basis for purposes of monitoring the 11 The Rules set out the circumstances under in the Rules, available at http://dtcc.com/∼/media/ risks presented by Members’ activity. These which NSCC may cease to act for a Member and the Files/Downloads/legal/rules/nscc_rules.pdf. calculations would be also be performed using the types of actions it may take. For example, NSCC 6 As described in greater detail in the filing, an proposed enhanced methodology. may suspend a firm’s membership with NSCC or EWMA volatility estimation is an estimation of 9 ‘‘Net Unsettled Positions’’ and ‘‘Net Balance prohibit or limit a Member’s access to NSCC’s volatility that gives more weight to most recent Order Unsettled Positions’’ refer to net positions services in the event that Member defaults on a market observations, where an evenly-weighted that have not yet passed their settlement date, or financial or other obligation to NSCC. See Rule 46 volatility estimation is an estimation of volatility did not settle on their settlement date. See (Restrictions on Access to Services) of the Rules, that gives even weight to historic market Procedure XV (Clearing Fund Formula and Other supra note 4. observations. Matters) of the Rules, supra note 4. 12 Supra note 4.

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level of confidence. The VaR Charge is with its regulatory requirements, NSCC In estimating volatility, the EWMA the volatility component applicable to regularly assesses its risks as they relate volatility estimation gives greater weight most Net Unsettled Positions,13 and to its model assumptions, parameters, to more recent market observations, and usually comprises the largest portion of and sensitivities, including those of its effectively diminishes the value of older a Member’s Required Deposit. parametric VaR model, to evaluate market observations. However, volatility Procedure XV of the Rules currently whether margin levels are in equity markets often rapidly revert to provides that the VaR Charge shall be commensurate with the particular risk pre-volatile levels, and then are calculated in accordance with a attributes of each relevant product, followed by a subsequent spike in generally accepted portfolio volatility portfolio, and market.18 As part of volatility. So, while a calculation that margin model utilizing assumptions NSCC’s model performance monitoring, relies exclusively on the EWMA based on reasonable historical data and NSCC management analyzes and volatility estimation can capture an appropriate volatility range.14 As evaluates the continued effectiveness of changes in volatility that emerge from a such, NSCC currently calculates a its parametric VaR model in order to progressively calm or non-volatile Member’s VaR Charge utilizing the VaR identify any weaknesses, and determine market, it may cause a reactive decrease model, which incorporates an EWMA whether, and which, enhancements may in margin that does not adequately volatility estimation. be necessary to its formulas, parameters capture the risks related to a rapid shift Currently, Members’ Required or assumptions to improve margin in market price volatility levels. Deposits may also include an MMD coverage. Alternatively, an evenly-weighted Charge, applicable only to Members that The proposed changes to the volatility estimation would continue to are Market Makers and Members that calculation of the VaR Charge, described give even weight to all historical clear for Market Makers.15 As described below, are a result of NSCC’s regular volatility observations in the look-back in greater detail below, the MMD Charge review of the effectiveness of its period (described below), and would is imposed when these Members hold a margining methodology. prevent margin from decreasing too Net Unsettled Position that is greater quickly. than 40 percent of the overall unsettled (ii) Enhancements to the VaR Charge Therefore, in order to more long position (sum of each clearing Adding an Evenly-Weighted Volatility adequately cover a rapid change in broker’s net long position) in that Estimation to the VaR Model. To market price volatility levels and the security in the Continuous Net calculate the VaR Charge, NSCC uses a risks presented by less diversified Settlement (‘‘CNS’’) system.16 parametric VaR model that currently portfolios in its calculation of the VaR NSCC employs daily backtesting to only incorporates an EWMA volatility Charge, NSCC is proposing to add determine the adequacy of each estimation. The EWMA volatility another calculation of the VaR Charge Member’s Required Deposit. NSCC estimation is considered front-weighted utilizing its parametric VaR model that compares the Required Deposit 17 for as it assigns more weight to most recent would incorporate an evenly-weighted each Member with the simulated market observations based on the volatility estimation. NSCC believes an liquidation gains/losses using the actual assumption that the most recent price additional calculation using a volatility positions in the Member’s portfolio, and history would have more relevance to, estimation that gives even weight to the historical security returns. NSCC and therefore is a better measure of, market observations over a set look-back investigates the cause(s) of any current market price volatility levels. A period would allow it to more backtesting deficiencies. As part of this calculation using this EWMA volatility adequately address risks related to a investigation, NSCC pays particular estimation is responsive to changing rapid shift in general market price attention to Members with backtesting market volatility, and, because NSCC’s volatility levels, which can occur as a deficiencies that bring the results for Member-level model backtesting results result of either idiosyncratic, issuer that Member below the 99 percent have generally remained above a 99th events (also referred to as ‘‘gap risk confidence target (i.e., greater than two percentile level of confidence over a 10- events’’),19 or are due to specific backtesting deficiency days in a rolling year performance window, NSCC characteristics of a Member’s portfolio twelve-month period) to determine if believes this calculation continues to be based on their size, balance, direction, there is an identifiable cause of repeated an effective measurement of price concentration, or the degree of backtesting deficiencies. volatility for the majority of Net correlation with broad market returns. Further, as a part of its model Unsettled Positions that are subject to The proposed calculation performance review, and consistent the VaR Charge. More specifically, incorporating an evenly-weighted NSCC believes its backtesting results volatility estimation would give equal 13 As described in Procedure XV, Section show that this calculation has been weight to price observations over a look- I(A)(1)(a)(ii) and (iii) and Section I(A)(2)(a)(ii) and back period of at least 253 days. NSCC (iii) of the Rules, Net Unsettled Positions in certain proven to be effective for calculating the securities are excluded from the VaR Charge and price volatility of large diversified analyzed the impact of using a look- instead charged a volatility component that is portfolios, which represent the majority back period of various lengths and calculated by multiplying the absolute value of of Net Unsettled Positions that are determined that a look-back period of at those Net Unsettled Positions by a percentage. subject to the VaR Charge. least 253 days would provide NSCC Supra note 4. with an adequate view of recent, past 14 Procedure XV, Section I(A)(1)(a)(i) and Section However, NSCC believes this I(A)(2)(a)(i) of the Rules, supra note 4. calculation may not adequately cover a market observations in estimating 15 As used herein, ‘‘Market Maker’’ means a rapid change in market price volatility volatility to meet its backtesting member firm of the Financial Industry Regulatory levels, including, for example, a drop in performance targets, and wouldn’t result Authority, Inc. (‘‘FINRA’’) that is registered by in unnecessarily high margin FINRA as a Market Maker pursuant to FINRA’s portfolio volatility in a stabilizing rules, available at http://finra.complinet.com/en/ market. Additionally, NSCC has calculations. NSCC would weigh these display/display.html. observed poorer backtesting coverage for considerations periodically to determine 16 See Rule 11 (CNS System) and Procedure VII those Members with less diversified (CNS Accounting Operation), supra note 4. portfolios in atypical market conditions. 19 Gap risk events may include, for example, 17 For backtesting comparisons, NSCC uses the earning reports, management changes, merger Required Deposit amount without regard to the announcements, insolvency, or other unexpected, actual collateral posted by the Member. 18 See 17 CFR 240.17Ad–22(e)(6)(i), (vi). issuer-specific events.

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an appropriate look-back period that is portfolio represents more than a certain determine such percent empirically as at least 253 days. percent of the entire portfolio’s value no less than the larger of the 1st and NSCC would perform both (‘‘concentration threshold’’). NSCC is 99th percentiles of three-day returns of calculations using the parametric VaR proposing a concentration threshold to a set of CUSIPs that are subject to the model—one using the existing EWMA the application of the Gap Risk Measure VaR Charge pursuant to the Rules,22 volatility estimation and an additional because its backtesting results have giving equal rank to each to determine calculation using the proposed evenly- shown that portfolios with a Net which has the highest movement over weighted volatility estimation—and Unsettled Position that represents a that three-day period. NSCC would use would use the highest result of these proportional value of the entire portfolio a look-back period of not less than ten calculations as the Core Parametric over 30 percent tend to have backtesting years that includes a one-year stress Estimation in connection with coverage below the target 99 percent period.23 If the one-year stress period calculating a Member’s VaR Charge. confidence level. These results also overlaps with the look-back period, only NSCC believes that, while the existing show that these portfolios are more the non-overlapping period would be EWMA calculation provides adequate susceptible to the effects of gap risk combined with the look-back period. responsiveness to increasing market events that the proposed calculation is The result would then be rounded up to volatility, as described above, the designed to measure. Therefore, NSCC the nearest whole percentage. proposed evenly-weighted calculation would only apply the Gap Risk Measure By calculating this charge as a percent would be better at covering the risk of charge if the Net Unsettled Position of the gross market value of the largest a rapid change in market volatility with the largest absolute market value in non-index Net Unsettled Position that levels by retaining market observations a Member’s portfolio represents more exceeds the set threshold, NSCC from the entire historical data set. than 30 percent of that Member’s entire believes the proposed Gap Risk Measure Therefore, by using both calculations portfolio value. NSCC would set 30 would allow it to capture the risk that and selecting the higher result, NSCC percent as the ceiling for the a gap risk event affects the price of a would be able to more effectively cover concentration threshold, and would security in which the Member holds a its credit exposures and mitigate the risk evaluate the threshold periodically concentrated position and, due to the presented by different market based on the Member’s backtesting disproportionate value of this position conditions in arriving at a final Core results during a time period of not less in the Member’s portfolio, the impact of Parametric Estimation. than the previous twelve months to that event affects the entire portfolio. In order to implement the proposed determine if it may be appropriate to the This calculation, as an additional change, NSCC would amend Procedure threshold at a lower percent. measure for the VaR Charge, would XV of the Rules by creating a new Additionally, NSCC believes the risk permit NSCC to assess an adequate subjection (I) to Sections I(A)(1)(a)(i) of large, unexpected price movements, amount of margin to cover the gap risks and I(A)(2)(a)(i) of the Rules, which particularly those caused by a gap risk not captured by the parametric VaR would define the Core Parametric event, may have a greater impact on model calculations. As such, the Estimate as the higher result of two portfolios with large Net Unsettled proposed calculation would contribute calculations—and EWMA calculation Positions in securities that are to NSCC’s goal of producing margin and the proposed evenly-weighted susceptible to those events. Generally, levels commensurate with the risks and calculation—both utilizing the index-based exchange-traded funds particular attributes of each Member’s parametric VaR model. track closely to similar equity indices portfolio. Gap Risk Measure. NSCC is also and are less prone to the effects of gap In order to implement this proposed proposing to introduce the Gap Risk risk events. As such, if the change, NSCC would amend Procedure Measure as an additional calculation concentration threshold is met, NSCC XV of the Rules by creating a new that, when applicable, would be used to would calculate the Gap Risk Measure subjection (II) to Sections I(A)(1)(a)(i) determine a Member’s final VaR Charge. for Net Unsettled Positions in the and I(A)(2)(a)(i) of the Rules, which The proposed Gap Risk Measure portfolio, other than positions in index- would describe the calculation of the would be calculated to address the risks based exchange traded funds (referred to Gap Risk Measure. presented by a portfolio that is more herein for ease of reference as ‘‘non- Portfolio Margin Floor. NSCC is also susceptible to the effects of gap risk index Net Unsettled Positions’’).20 proposing to introduce the Portfolio events due to the idiosyncratic nature of When applicable, NSCC would Margin Floor as an additional the Net Unsettled Positions in that calculate the Gap Risk Measure by calculation that, when applicable, portfolio. For example, the proposed multiplying the gross market value of would be used to determine a Member’s calculation would address the risk that the largest non-index Net Unsettled final VaR Charge. a gap risk event affects the price of a Position in the portfolio by a percent of The proposed Portfolio Margin Floor security in which a portfolio holds a Net not less than 10 percent.21 NSCC would would be calculated to address risks Unsettled Position that represents more that may not be adequately accounted than a certain percent of the entire 20 NSCC would use a third-party market provider for in the other calculations of the VaR portfolio’s value, such that the event to identify index-based exchange-traded funds. The Charge by operating as a floor to, or could impact the entire portfolio’s third-party market provider would identify index- based exchange-traded funds as those with criteria minimum amount of, the final VaR value. The proposed Gap Risk Measure that requires the portfolio returns to track to a broad Charge. A parametric VaR model may would supplement the calculation of the market index. Exchange-traded funds that do not result in a low VaR Charge for balanced Core Parametric Estimation because a meet this criteria would not be considered index- portfolios. For example, in parametric VaR model calculation is not based exchange-traded funds and would be included the Gap Risk Measure calculation. designed to fully capture this specific 21 NSCC believes it is prudent to set a floor for 22 Supra note 12. risk presented by a concentrated the Gap Risk Measure charge, and has determined 23 NSCC believes using a look-back period of not position in a Member’s portfolio. that a floor of 10 percent would appropriately align less than ten years that includes a one-year stress The proposed Gap Risk Measure this charge with the charge that is applied to Net period would provide it with a stable risk Unsettled Positions in certain securities that are measurement that incorporates a sufficient look- would only be applied for a Member if excluded from the VaR Charge and instead charged back period that would be appropriate for purposes the Net Unsettled Position with the a similar haircut-based volatility component. See of determining the appropriate percent to use in the largest absolute market value in the supra note 12. calculation of the Gap Risk Measure.

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circumstances where the gross market basis risks present for the Net Unsettled NSCC would have to liquidate or hedge value of a Member’s Net Unsettled Positions in that portfolio.26 in the case of Member default. Positions is high and the cost of NSCC would add the results of these Since the MMD Charge was liquidation in the event that Member two calculations to arrive at the final implemented, the U.S. equities market defaults could also be high, the Portfolio Margin Floor amount. The sum has evolved with improved price parametric VaR model may not of these two calculations would provide transparency, access across exchange adequately measure the potential costs a minimum VaR Charge by effectively venues, and participation by market of liquidation. The proposed charge establishing a margin floor for certain liquidity providers to reduce the risks would be based on the balance and portfolios that may not be effectively that the charge was designed to address. direction of Net Unsettled Positions in assessed in the other calculations of the Further, NSCC believes the MMD the Members’ portfolio and is designed VaR Charge. NSCC would compare the Charge may not effectively address to be proportional to the market value Portfolio Margin Floor result with the concentration risk because (1) it only of the portfolio. In this way, the Gap Risk Measure, when applicable, applies to Net Unsettled Positions in Portfolio Margin Floor would allow and the Core Parametric Estimation and certain dominated securities, as NSCC to more effectively cover its credit would use the highest of the three described above and currently in exposures. calculations as the final VaR Charge for Procedure XV of the Rules; (2) it does The Portfolio Margin Floor would be each Member, as applicable. not address concentration risk presented by Net Unsettled Positions in securities the sum of two separate calculations, In order to implement this proposed both of which would measure the that are not listed on NASDAQ or in change, NSCC would amend Procedure securities traded by firms that are not market value of the portfolio based on XV of the Rules by creating a new the direction of Net Unsettled Positions Market Makers; and (3) it does not subjection (III) to Sections I(A)(1)(a)(i) account for concentration in market in that portfolio. In this way, the and I(A)(2)(a)(i) of the Rules, which calculation would effectively set a floor capitalization categories. would describe the calculation of the NSCC also believes that the proposed on the VaR Charge based on the Portfolio Margin Floor. composition of the portfolio and would enhancements to the VaR Charge, mitigate the risk that low price volatility (iii) Eliminating the MMD Charge specifically the introduction of an in portfolios with either large gross evenly-weighted volatility measure and Finally, NSCC is proposing to market values or large net directional the calculation of the Gap Risk Measure, eliminate the MMD Charge from its market values could hinder NSCC’s would provide it with more effective Clearing Fund calculation. The MMD ability to effectively liquidate or hedge measures of risks related to Charge is an existing component of the the Member’s portfolio in three business concentrated positions in its Members’ Clearing Fund formula and is calculated days. portfolios. Subject to applicable for Members that are Market Makers and thresholds, these proposed risk First, NSCC would calculate the net Members that clear for Market Makers.27 measures would be applicable to all directional market value of the portfolio The charge was introduced during a Members as part of the calculation VaR by calculating the absolute difference period of rapid growth in the adaptation Charge, and would not, like the MMD between the market value of the long of the internet, and was developed to Charge, be limited to positions held by Net Unsettled Positions and the market address the risks presented by Market Makers. Further, as a threshold- value of the short Net Unsettled concentrated positions held specifically based calculation, the Gap Risk Measure Positions in the portfolio,24 and then by Market Makers. The MMD Charge is would provide NSCC with a more multiplying that amount by a described in Procedure XV of the Rules, appropriate measure of the potential percentage. Such percentage would be which provides that, if the Market risk presented by a large Net Unsettled determined by examining the annual Maker (either the Member or the Position in a portfolio. Therefore, NSCC historical volatility levels of benchmark correspondent of the Member) holds a believes that these proposed equity indices over a historical look- Net Unsettled Position that is greater enhancements to the VaR Charge and back period, as a standard and generally than 40 percent of the overall unsettled other existing risk management accepted reference that incorporates long position (sum of each clearing measures (described below) would sufficient data history. Second, NSCC broker’s net long position) in that provide it with more effective measures would calculate the balanced market security in the CNS system, NSCC may of the risks presented by concentrated value of the portfolio by taking the impose the MMD Charge. NSCC positions, and, as such, it is appropriate lowest market value of either (i) the long calculates the MMD charge as the sum to eliminate the MMD Charge. Net Unsettled Positions, or (ii) the short of each of the absolute values of the Net In order to implement this proposed Net Unsettled Positions in the Unsettled Positions in these securities, change, NSCC would amend Procedure portfolio,25 and then multiplying that less the reported amount of excess net XV of the Rules by removing subsection value by a percentage. Such percentage capital for that Member.28 The MMD (d) of Section I(A)(1) and subsection (c) would generally be a fraction of the charge is designed to address dominated of Section I(A)(2) of the Rules, and percentage used in the calculation of the securities that are susceptible to renumbering the subsequent subsections net directional market value of the marketability and liquidation accordingly. portfolio and would be an amount that impairment because of the relative size covers the transaction costs and other (iv) Mitigating Risks of Concentrated of the Net Unsettled Positions that Positions 24 For example, if the market value of the long Net For the reasons described above, Unsettled Positions is $100,000, and the market 26 NSCC would use a third-party market provider value of the short Net Unsettled Positions is to identify these transaction costs and other basis NSCC believes that the proposed $200,000, the net directional market value of the risks. enhancements to its VaR Charge would portfolio is $100,000. 27 See Procedure XV, Section I(A)(1)(d) of the allow it to better measure and mitigate 25 For example, if the market value of the long Net Rules, supra note 4. the risks presented by certain Net Unsettled Positions is $100,000, and the market 28 NSCC does not apply the excess net capital value of the short Net Unsettled Positions is offset for Members rated 7 on the Credit Risk Rating Unsettled Positions, including the risk $110,000, the balanced market value of the portfolio Matrix. See Procedure XV, Sections I(A)(1)(d) and presented to NSCC when those is $100,000. I(A)(2)(c) of the Rules, supra note 4. positions are concentrated in a

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particular security. One of the risks incorporates an EWMA volatility Supervision Act 34 states that the presented by a Net Unsettled Position estimation. The addition of the Gap Risk objectives and principles for the risk concentrated in an asset class is that Measure, when applicable, and the management standards prescribed under NSCC may not be able to liquidate or Portfolio Margin Floor calculations Section 805(a) shall be to, among other hedge the Net Unsettled Positions of a would provide alternative things, promote robust risk defaulted Member in the assumed measurements of the market price management, promote safety and timeframe at the market price in the volatility of a Member’s Net Unsettled soundness, reduce systemic risks, and event of a Member default. Because Positions, enabling NSCC to assess a support the stability of the broader NSCC relies on external market data in VaR Charge that accounts for risks financial system. The Commission has connection with monitoring exposures related to gap risk events, and risks adopted risk management standards to its Members, the market data may not related to the unique compositions of under Section 805(a)(2) of the Clearing reflect the market impact transaction securities within a Member’s Net Supervision Act 35 and Section 17A of costs associated with the potential Unsettled Positions, respectively and as the Exchange Act (‘‘Covered Clearing liquidation as the concentration risk of described in greater detail above. Agency Standards’’).36 The Covered a Net Unsettled Position increases. Therefore, by enabling NSCC to Clearing Agency Standards require However, NSCC believes that, through calculate and collect margin that more registered clearing agencies to establish, the proposed changes and through accurately reflects the risk implement, maintain, and enforce existing risk management measures,29 it characteristics of securities in its written policies and procedures that are would be able to effectively measure Members’ Net Unsettled Positions, the reasonably designed to meet certain and mitigate risks presented when a proposal would enhance NSCC’s risk minimum requirements for their Member’s Net Unsettled Positions are management capabilities. operations and risk management concentrated in a particular security. NSCC’s proposal to eliminate the practices on an ongoing basis.37 NSCC will continue to evaluate its MMD Charge would affect NSCC’s exposures to these risks. Any future, management of risk by removing a (i) Consistency With Section 805(b) of proposed changes to the margining component from the Clearing Fund the Clearing Supervision Act methodology to address such risks calculations that has a limited scope, For the reasons described below, would be subject to a separate proposed and was designed to address risks NSCC believes that the proposed rule change pursuant to Section 19(b)(1) related to a Member’s concentration changes in this advance notice are of the Act,30 and the rules thereunder, risks that would be more adequately consistent with the objectives and and advance notice pursuant to Section addressed by other proposed and principles of these risk management 806(e)(1) of the Clearing Supervision existing risk management measures. standards as described in Section 805(b) Act,31 and the rules thereunder. By providing NSCC with a more of the Clearing Supervision Act and in effective measurement of its exposures, Expected Effect on and Management of the Covered Clearing Agency Standards. as described above, the proposed change As discussed above, NSCC is Risk would also mitigate risk for Members proposing a number of changes to the NSCC believes that the proposed because lowering the risk profile for way it calculates the VaR Charge, one of changes to enhance the calculation of NSCC would in turn lower the risk the components of its Members’ the VaR Charge would enable NSCC to exposure that Members may have with Required Deposits—a key tool that better limit its exposure to Members respect to NSCC in its role as a central NSCC uses to mitigate potential losses arising out of their Net Unsettled counterparty. to NSCC associated with liquidating a Positions. The proposal to enhance the Member’s portfolio in the event of Consistency With the Clearing calculation of the VaR Charge would Member default. NSCC believes the Supervision Act enable NSCC to limit its credit proposed changes are consistent with exposures posed by portfolios whose Although the Clearing Supervision promoting robust risk management risk characteristics are not effectively Act does not specify a standard of because they are designed to enable covered by the current VaR Charge. The review for an advance notice, its stated NSCC to better limit its exposure to proposal to add another calculation of purpose is instructive: To mitigate Members in the event of a Member the VaR Charge using the VaR model but systemic risk in the financial system default. incorporating an evenly-weighted and promote financial stability by, First, NSCC’s proposal to introduce an volatility measure would permit NSCC among other things, promoting uniform additional calculation using its to more effectively measure the risk of risk management standards for parametric VaR model that uses an a rapid change in market price systemically important financial market evenly-weighted volatility estimation volatility, which may not be adequately utilities and strengthening the liquidity would better enable NSCC to limit its covered by the calculation that of systemically important financial exposures to Members by enhancing the market utilities.32 calculation of the VaR Charge to better 29 For example, pursuant to existing authority Section 805(a)(2) of the Clearing cover the risk of a rapid change in under Procedure XV, Sections I(A)(1)(e) and Supervision Act 33 authorizes the I(A)(2)(d) of the Rules (to be re-numbered pursuant market price volatility levels, including, this advance notice to Sections I(A)(1)(d) and Commission to prescribe risk for example, a drop in portfolio I(A)(2)(c) of Procedure XV of the Rules), NSCC may management standards for the payment, volatility in a stabilizing market. require an additional payment as part of a Member’s clearing and settlement activities of Second, the proposal to introduce the Required Deposit in the event it observes price designated clearing entities, like NSCC, fluctuations in or volatility or lack of liquidity of Gap Risk Measure calculation as an any security that are not otherwise addressed by its and financial institutions engaged in additional measure of volatility in VaR Charge or the other components of the Clearing designated activities for which the connection with the calculation of the Fund. An example of where this additional Commission is the supervisory agency VaR Charge would better enable NSCC payment may be required is in circumstances where or the appropriate financial regulator. NSCC identifies an exposure that is not adequately addressed by its margining methodology. Supra Section 805(b) of the Clearing 34 12 U.S.C. 5464(b). note 4. 35 12 U.S.C. 5464(a)(2). 30 15 U.S.C. 78s(b)(1). 32 See 12 U.S.C. 5461(b). 36 See 17 CFR 240.17Ad–22(e). 31 12 U.S.C. 5465(e)(1). 33 12 U.S.C. 5464(a)(2). 37 Id.

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to limit its exposures to Members by charge was designed to address through Furthermore, removing the MMD more effectively capturing the risk that other proposed and existing risk Charge would enable NSCC to remove gap risk events impact the entire management measures. from the Clearing Fund calculations a portfolio’s value due to the idiosyncratic By better limiting NSCC’s exposures component that is limited in scope and nature of the Net Unsettled Positions in to Members in the event of a Member would allow it to address the risks that portfolio. Third, the proposal to default, the proposed changes are presented by Net Unsettled Positions introduce the Portfolio Margin Floor in consistent with promoting safety and that are concentrated in certain its calculation of a Member’s VaR soundness, which, in turn, is consistent securities more effectively by other Charge would enable NSCC to better with reducing systemic risks and Clearing Fund components and risk limit its exposures to Members by better supporting the stability of the broader management measures. capturing the risks that may not be financial system. Therefore, the proposal would adequately accounted for in the other enhance NSCC’s ability to effectively calculations of the VaR Charge. Finally, (ii) Consistency With Rule 17Ad– identify, measure and monitor its credit NSCC’s proposal to eliminate the MMD 22(e)(4)(i) and (e)(6)(i) and (v) Under the exposures and would enhance its ability Charge would enable NSCC to remove a Act to maintain sufficient financial component of the Required Deposit that NSCC believes that the proposed resources to cover its credit exposure to provides NSCC with only a limited changes are consistent with Rule 17Ad– each participant fully with a high degree measure of risks presented by Net 22(e)(4)(i) and (e)(6)(i) and (v), each of confidence. As such, NSCC believes Unsettled Positions that are promulgated under the Act.39 the proposed changes are consistent concentrated in certain securities, with Rule 17Ad–22(e)(4)(i) under the Rule 17Ad–22(e)(4)(i) under the Act 40 which NSCC believes it can more Act.41 requires, in part, that NSCC establish, adequately measure through other Rule 17Ad–22(e)(6)(i) under the Act 42 implement, maintain and enforce proposed and existing risk management requires, in part, that NSCC establish, written policies and procedures measures, as described above. implement, maintain and enforce Therefore, because the proposal is reasonably designed to effectively written policies and procedures designed to enable NSCC to better limit identify, measure, monitor, and manage reasonably designed to cover its credit its exposure to Members in the manner its credit exposures to participants and exposures to its participants by described above, NSCC believes it is those arising from its payment, clearing, establishing a risk-based margin system consistent with promoting robust risk and settlement processes, including by that, at a minimum, considers, and management. maintaining sufficient financial produces margin levels commensurate Furthermore, NSCC believes that the resources to cover its credit exposure to with, the risks and particular attributes changes proposed in this advance notice each participant fully with a high degree of each relevant product, portfolio, and are consistent with promoting safety of confidence. market. Rule 17Ad–22(e)(6)(v) under the and soundness, which, in turn, is As described above, the proposed Act 43 requires, in part, that NSCC consistent with reducing systemic risks changes would enable NSCC to better establish, implement, maintain and and supporting the stability of the identify, measure, monitor, and, through enforce written policies and procedures broader financial system, consistent the collection of Members’ Required reasonably designed to cover its credit with Section 805(b) of the Clearing Deposits, manage its credit exposures to exposures to its participants by Supervision Act.38 The proposed Members by maintaining sufficient establishing a risk-based margin system changes are designed to better limit resources to cover those credit that, at a minimum, uses an appropriate NSCC’s exposures to Members in the exposures fully with a high degree of method for measuring credit exposure event of Member default. As discussed confidence. Each of the additional that accounts for relevant product risk above, the proposed enhancements to calculations that NSCC is proposing to factors and portfolio effects across the calculation of the VaR Charge would introduce to enhance its methodology products. enable NSCC to view and respond more for calculating a Member’s VaR Charge The Required Deposits are made up of effectively to market price risk. The would provide NSCC with a more risk-based components (as margin) that, proposal to introduce an additional effective measure of the risks these that are calculated and assessed daily to calculation of the VaR Charge using the calculations were designed to assess, as limit NSCC’s credit exposures to VaR model that incorporates an evenly- described above. As such, the proposed Members. NSCC’s proposal to enhance weighted volatility measure, rather than enhancements to the calculation of the the calculation of its VaR Charge in an EWMA volatility estimation, would VaR Charge would permit NSCC to more order to more effectively address market permit NSCC to more effectively effectively identify, measure, monitor price volatility would permit it to measure the risk of a rapid change in and manage its exposures to market produce margin levels that are market price volatility. The proposed price risk, and would enable it to better commensurate with the particular risk Gap Risk Measure would provide NSCC limit its exposure to potential losses attributes, including risks related to with a more appropriate measure of the from Member default. The proposal to rapid changes in market price volatility potential risk presented by a large Net use the highest result of each of the levels due to gap risk events, or risks Unsettled Position in a portfolio. The calculations as among the Core related to a unique composition of proposed Portfolio Margin Floor would Parametric Estimation, the Gap Risk securities within a portfolio, as ensure NSCC collects at least a Measure and the Portfolio Margin Floor, described above. For example, the use of minimum VaR Charge. Finally, would enable NSCC to manage its credit an evenly-weighted volatility estimation removing the MMD Charge would help exposures by allowing it to collect and utilizing the VaR model, as an ensure the Clearing Fund calculation maintain sufficient resources to cover additional calculation of the VaR would not include unnecessary those exposures fully and with a high Charge, which gives equal weight to a components that have only limited degree of confidence. long historical data set, rather than more application, particularly where NSCC is able to better address the risks this 39 17 CFR 240.17Ad–22(e)(4)(i) and (e)(6)(i) and 41 Id. (v). 42 17 CFR 240.17Ad–22(e)(6)(i). 38 12 U.S.C. 5464(b). 40 17 CFR 240.17Ad–22(e)(4)(i). 43 17 CFR 240.17Ad–22(e)(6)(v).

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weight to recent observations, would received, if the Commission notifies the will be posted without change. Persons permit NSCC to more effectively clearing agency in writing that it does submitting comments are cautioned that measure the risk of a rapid change in not object to the proposed change and we do not redact or edit personal market price volatility. The addition of authorizes the clearing agency to identifying information from comment the Gap Risk Measure and the Portfolio implement the proposed change on an submissions. You should submit only Margin Floor would also provide NSCC earlier date, subject to any conditions information that you wish to make with additional measurements of the imposed by the Commission. available publicly. All submissions market price volatility of a Member’s The clearing agency shall post notice should refer to File Number SR–NSCC– Net Unsettled Position, enabling NSCC on its website of proposed changes that 2017–808 and should be submitted on to assess a VaR Charge that accounts for are implemented. or before February 23, 2018. the risks those charges are designed to The proposal shall not take effect By the Commission. address, as described above. until all regulatory actions required Finally, NSCC is proposing to with respect to the proposal are Eduardo A. Aleman, eliminate the MMD Charge because this completed. Assistant Secretary. component of the Clearing Fund has IV. Solicitation of Comments [FR Doc. 2018–02543 Filed 2–7–18; 8:45 am] only a limited application and, as such, BILLING CODE 8011–01–P does not provide as effective a Interested persons are invited to measurement of the risk presented by submit written data, views and Net Unsettled Positions that are arguments concerning the foregoing, SECURITIES AND EXCHANGE concentrated in certain securities as including whether the Advance Notice COMMISSION other proposed and existing risk is consistent with the Clearing Supervision Act. Comments may be management measures. Therefore, the [Release No. 34–82626; File No. S7–27–11] proposal to eliminate this charge would submitted by any of the following enable NSCC to remove an unnecessary methods: Order Extending Until February 5, 2019 component from the Clearing Fund Electronic Comments Certain Temporary Exemptions Under calculation, and would help NSCC to • the Securities Exchange Act of 1934 in rely on an appropriate method of Use the Commission’s internet comment form (http://www.sec.gov/ Connection With the Revision of the measuring its exposures to this risk. Definition of ‘‘Security’’ To Encompass The proposed changes are designed to rules/sro.shtml); or • Send an email to rule-comments@ Security-Based Swaps and Request for assist NSCC in maintaining a risk-based Comment margin system that considers, and sec.gov. Please include File Number SR– produces margin levels commensurate NSCC–2017–808 on the subject line. February 2, 2018. with, the risks and particular attributes Paper Comments of portfolios that exhibit idiosyncratic I. Introduction • Send paper comments in triplicate risk attributes, are more susceptible to to Secretary, Securities and Exchange The Securities and Exchange price volatility caused by to gap risk Commission, 100 F Street NE, Commission (‘‘Commission’’) is (i) events, and contain concentrated Net Washington, DC 20549. extending until February 5, 2019 certain Unsettled Positions. Therefore, NSCC temporary exemptive relief originally believes the proposed change is All submissions should refer to File Number SR–NSCC–2017–808. This file provided by the Commission in consistent with Rule 17Ad–22(e)(6)(i) connection with the revision of the and (v) under the Act.44 number should be included on the subject line if email is used. To help the definition of ‘‘security’’ in the Securities III. Date of Effectiveness of the Advance Commission process and review your Exchange Act of 1934 (‘‘Exchange Act’’) Notice, and Timing for Commission comments more efficiently, please use to encompass security-based swaps Action only one method. The Commission will (‘‘Temporary Exemptions’’); 1 and (ii) The proposed change may be post all comments on the Commission’s requesting comment on whether implemented if the Commission does internet website (http://www.sec.gov/ continuing such exemptive relief not object to the proposed change rules/sro.shtml). Copies of the beyond February 5, 2019 is necessary or within 60 days of the later of (i) the date submission, all subsequent appropriate in the public interest, and is that the proposed change was filed with amendments, all written statements consistent with the protection of the Commission or (ii) the date that any with respect to the Advance Notice that investors. additional information requested by the are filed with the Commission, and all II. Discussion Commission is received. The clearing written communications relating to the agency shall not implement the Advance Notice between the A. Background proposed change if the Commission has Commission and any person, other than Title VII of the Dodd-Frank Wall any objection to the proposed change. those that may be withheld from the Street Reform and Consumer Protection The Commission may extend the public in accordance with the Act 2 period for review by an additional 60 provisions of 5 U.S.C. 552, will be amended the definition of days if the proposed change raises novel available for website viewing and ‘‘security’’ under the Exchange Act to or complex issues, subject to the printing in the Commission’s Public expressly encompass security-based Commission providing the clearing Reference Room, 100 F Street NE, agency with prompt written notice of Washington, DC 20549 on official 1 See Order Granting Temporary Exemptions under the Securities Exchange Act of 1934 in the extension. A proposed change may business days between the hours of Connection with the Pending Revisions of the be implemented in less than 60 days 10:00 a.m. and 3:00 p.m. Copies of the Definition of ‘‘Security’’ to Encompass Security- from the date the advance notice is filing also will be available for Based Swaps, Exchange Act Release No. 64795 (July filed, or the date further information inspection and copying at the principal 1, 2011), 76 FR 39927 (July 7, 2011) (‘‘Exchange Act Exemptive Order’’). requested by the Commission is office of NSCC and on DTCC’s website 2 The Dodd-Frank Wall Street Reform and (http://dtcc.com/legal/sec-rule- Consumer Protection Act, Public Law 111–203, 124, 44 17 CFR 240.17Ad–22(e)(6)(i) and (v). filings.aspx). All comments received Stat. 1376 (2010) (‘‘Dodd-Frank Act’’).

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swaps.3 The expansion of the definition the day prior to the date the Dodd-Frank In 2014, the Commission extended the of the term ‘‘security’’ to include Act was signed into law) and (ii) a expiration dates for the Temporary security-based swaps had the effect of broker or dealer registered under Exemptions.8 In the 2014 Extension changing the scope of the Exchange Act Section 15(b) of the Exchange Act.5 Order, the Commission distinguished regulatory provisions that apply to The overall approach of the Exchange between: (i) The Temporary Exemptions security-based swaps and, in doing so, Act Exemptive Order was directed related to pending security-based swap raised certain complex questions that toward maintaining the status quo rulemakings (‘‘Linked Temporary require further consideration. during the implementation process for Exemptions’’); and (ii) the Temporary On July 1, 2011, the Commission the Dodd-Frank Act.6 In the Exchange Exemptions that generally were not issued the Exchange Act Exemptive Act Exemptive Order, the Commission directly related to a specific security- Order granting temporary exemptive stated that it would accomplish this ‘‘by based swap rulemaking (‘‘Unlinked relief from compliance with certain preserving the application of particular Temporary Exemptions’’). The provisions of the Exchange Act in Exchange Act requirements that already expiration dates for the Linked connection with the revision of the are applicable in connection with Temporary Exemptions established by Exchange Act definition of ‘‘security’’ to instruments that will be ‘security-based the 2014 Extension Order were the encompass security-based swaps.4 In swaps’ following the Effective Date [of compliance dates for the specific general, the Exchange Act Exemptive the Dodd-Frank Act], but deferring the rulemakings to which they were Order granted temporary exemptive applicability of additional Exchange Act ‘‘linked,’’ and the expiration date for the relief from compliance with certain requirements in connection with those Unlinked Temporary Exemptions was provisions of the Exchange Act in instruments explicitly being defined as three years following the effective date connection with security-based swap ‘securities’ as of the Effective Date.’’ 7 of the 2014 Extension Order (i.e., activity by: (i) Any person who meets February 5, 2017), or such time that the the definition of ‘‘eligible contract 5 See Exchange Act Exemptive Order, 76 FR at Commission issues an order or rule participant’’ (‘‘ECPs’’) set forth in 39938–39. The Exchange Act Exemptive Order did determining whether continuing not provide exemptive relief for any provisions or Section 1a(12) of the Commodity rules prohibiting fraud, manipulation, or insider exemptive relief is appropriate for Exchange Act as of July 20, 2010 (i.e., trading (other than the prophylactic reporting or security-based swaps with respect to recordkeeping requirements such as the any such Unlinked Temporary 3 See Section 761(a)(2) of the Dodd-Frank Act confirmation requirements of Exchange Act Rule Exemptions. This approach was 10b–10). In addition, the Exchange Act Exemptive (amending Section 3(a)(10) of the Exchange Act (15 designed to provide the Commission U.S.C. 78c(a)(10)). The provisions of Title VII Order did not affect the Commission’s investigative, generally became effective on July 16, 2011 (360 enforcement, and procedural authority related to with flexibility while its Dodd-Frank days after the enactment of the Dodd-Frank Act) those provisions and rules. See Exchange Act Act rulemaking is still in progress to (the ‘‘Effective Date’’), unless a provision required Exemptive Order at 39931, note 34. The Exchange determine whether continuing relief a rulemaking, in which case the provision would Act Exemptive Order also did not address Sections 12, 13, 14, 15(d), 16, and 17A of the Exchange Act should be provided for any of the go into effect ‘‘not less than’’ 60 days after 9 publication of the related final rules in the Federal and the rules thereunder. The Commission did, Unlinked Temporary Exemptions. Register or on July 16, 2011, whichever is later. See however, issue limited temporary relief from the Section 774 of the Dodd-Frank Act (15 U.S.C. 77b). clearing agency registration requirements under Exchange Act Section 10(b)). Under the Exchange 4 At the time it issued the Exchange Act Section 17A(b) for entities providing certain Act Exemption Order, instruments that (before the Exemptive Order, the Commission also adopted clearing services for security-based swaps. This Effective Date) were security-based swap interim final Rule 240 under the Securities Act of relief was linked to final rules issued by the agreements and (after the Effective Date) constituted 1933 (‘‘Securities Act’’), interim final Rules 12a–11 Commission relating to the registration of clearing security-based swaps were still subject to the and 12h–1(i) under the Exchange Act, and interim agencies that clear security-based swaps. See Order application of those Exchange Act provisions. See final Rule 4d–12 under the Trust Indenture Act Pursuant to Section 36 of the Securities Exchange Exchange Act Exemptive Order, 76 FR at 39930, nn. (‘‘Trust Indenture Act’’). See 17 CFR 230.240, 17 Act of 1934 Granting Temporary Exemptions from 24–25. Clearing Agency Registration Requirements under CFR 240.12a–11, 17 CFR 240.12h–1, and 17 CFR 8 See Order Extending Temporary Exemptions Section 17A(b) of the Exchange Act for Entities 260.4d–12. See also Exemptions for Security-Based under the Securities Exchange Act of 1934 in Providing Certain Clearing Services for Security- Swaps, Securities Act Release No. 9231 (July 1, Connection with the Revision of the Definition of Based Swaps, Exchange Act Release No. 64796 (July 2011), 76 FR 40605 (July 11, 2011). This extension ‘‘Security’’ to Encompass Security-Based Swaps, 1, 2011), 76 FR 39963 (July 7, 2011). order does not address these interim final rules, and Request for Comment, Exchange Act Release which are scheduled to expire on February 11, The Commission also provided a temporary No. 71485 (Feb. 5, 2014), 79 FR 7731 (Feb. 10, 2014) 2018. See Exemptions for Security-Based Swaps, exemption within the Exchange Act Exemptive (‘‘2014 Extension Order’’) (extending the expiration Securities Act Release No. 10305 (Feb. 10, 2017), 82 Order for Sections 5 and 6 of the Exchange Act and date for certain Temporary Exemptions to February FR 10703 (Feb. 15, 2017). The Commission recently linked the expiration date of that exemptive relief 5, 2017). See also Further Definition of ‘‘Swap,’’ adopted a rule under the Securities Act to provide until the earliest compliance date set forth in any ‘‘Security-Based Swap,’’ and ‘‘Security-Based Swap that certain communications involving security- of the final rules regarding registration of security- Agreement’’; Mixed Swaps; Security-Based Swap based swaps will not be deemed to constitute based swap execution facilities. See Exchange Act Agreement Recordkeeping, Exchange Act Release ‘‘offers’’ of such security-based swaps for purposes Exemptive Order, 76 FR at 39934–36. No. 67453 (July 18, 2012), 77 FR 48207 (Aug. 13, of Section 5 of the Securities Act. See Treatment of The Exchange Act Exemptive Order further 2012) (‘‘Product Definitions Adopting Release’’) Certain Communications Involving Security-Based provided that no security-based swap contract (extending the expiration date of the Temporary Swaps That May Be Purchased Only By Eligible entered into on or after July 16, 2011 shall be void Exemptions to February 11, 2013); Order Extending Contract Participants, Securities Act Release No. or considered voidable by reason of Section 29(b) Temporary Exemptions under the Securities 10450 (Jan. 5, 2018), 83 FR 2046 (Jan. 16, 2018). of the Exchange Act because any person that is a Exchange Act of 1934 in Connection with the The Commission also, on June 15, 2011, issued party to the contract violated a provision of the Revision of the Definition of ‘‘Security’’ to an exemptive order granting temporary relief from Exchange Act for which the Commission has Encompass Security-Based Swaps, and Request for compliance with certain provisions added to the provided exemptive relief in the Exchange Act Comment, Exchange Act Release No. 68864 (Feb. 7, Exchange Act by subtitle B of Title VII of the Dodd- Exemptive Order, until such time as the underlying 2013), 78 FR 10218 (Feb. 13, 2013) (extending the Frank Act with which compliance would have exemptive relief expires. By extending the expiration date to February 11, 2014). otherwise been required as of the Effective Date. In underlying exemptive relief until February 5, 2019, 9 See 2014 Extension Order, 79 FR at 7731. The that order, the Commission provided guidance this order will also extend the relevant Section 2014 Extension Order also linked the expiration regarding the provisions of the Exchange Act that 29(b) relief until that same date. See Exchange Act date of the Linked Temporary Exemptions to the were added by Title VII with which compliance Exemptive Order, 76 FR at 39938–39. compliance date for such rulemakings. The 2014 was required as of the Effective Date. See 6 See Exchange Act Exemptive Order, 76 FR at Extension Order identified the Linked Temporary Temporary Exemptions and Other Temporary 39929. Exemptions as those related to: (1) Capital and Relief, Together with Information on Compliance 7 Id. These instruments generally constituted margin requirements applicable to a broker or Dates for New Provisions of the Securities Exchange ‘‘security-based swap agreements’’ under the pre- dealer (Sections 7 and 15(c)(3), Regulation T, and Act of 1934 Applicable to Securities-Based Swaps, Dodd-Frank Act framework and were already Exchange Act Rules 15c3–1, 15c3–3, and 15c3–4); Exchange Act Release No. 64678 (June 15, 2011), 76 subject to specific antifraud and anti-manipulation (2) recordkeeping requirements applicable to a FR 36287 (June 22, 2011). provisions under the Exchange Act (including broker or dealer (Sections 17(a) and 17(b) and

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The Commission most recently B. Extension of Unlinked Temporary application of certain Exchange Act extended the expiration date of the Exemptions provisions and rules to security-based Unlinked Temporary Exemptions until Since the issuance of the 2014 swap activities. This approach also will 10 February 5, 2018. In the 2017 Extension Order, the Commission has provide the Commission with additional Extension Order, the Commission also implemented a substantial portion of time to consider the potential impact of requested comment on whether the regulatory regime for security-based the revision of the Exchange Act continuing exemptive relief is necessary swaps set forth in Title VII of the Dodd- definition of ‘‘security.’’ 11 beyond February 5, 2018. Two Frank Act.13 However, the Commission As noted above, one commenter has commenters expressed support for is still in the process of finalizing its suggested that the Commission extend extending the exemptive relief, with one rules under Title VII of the Dodd-Frank the expiration date for the Unlinked reiterating its prior request that the Act.14 Therefore, the Commission Temporary Exemptions until a time that Commission provide permanent believes it is necessary or appropriate in the Commission can provide exemptive and other relief to security- the public interest, and consistent with appropriate permanent relief and other based swap market participants from the the protection of investors to extend the relief to security-based swap market 12 Exchange Act and the Securities Act. Unlinked Temporary Exemptions until participants from the federal securities February 5, 2019 to avoid any potential laws that apply to security-based swaps Exchange Act Rules 17a–3, 17a–4, 17a–5, 17a–11, market disruption stemming from the due to their inclusion in the definition and 17a–13); (3) registration requirements under of ‘‘security’’ under the Exchange Act.15 Section 15(a)(1), and the other requirements of the The Commission recognizes that the Exchange Act and the rules and regulations (‘‘SIFMA Letter I’’) and January 11, 2018 (‘‘SIFMA thereunder that apply to a ‘‘broker’’ or ‘‘dealer’’ that Letter II’’) (requesting that the Commission further security-based swap market and is not registered with the Commission; (4) Exchange extend the exemptive relief for the Unlinked corresponding regulatory regime have Act Rule 10b–10; and (5) Regulation ATS. Temporary Exemptions). For details regarding continued to develop since it originally Accordingly, as applicable, the Commission SIFMA’s request for permanent exemptive and issued the Exchange Act Exemptive extended these exemptions until the compliance other relief, see Draft SIFMA SBS Exemptive Relief date for pending rulemakings concerning: capital, Request (Oct. 20, 2011), which is available at Order in 2011. While the Commission margin, and segregation requirements for security- https://www.sec.gov/comments/s7-27-11/s72711- has adopted many of the rules required based swap dealers and major security-based swap 7.pdf, and SIFMA SBS Exemptive Relief Request under Title VII, it has proposed but not (Dec. 5, 2011), which is available at https:// participants; recordkeeping and reporting yet finalized others, including rules requirements for broker-dealers, security-based www.sec.gov/comments/s7-27-11/s72711-10.pdf. swap dealers, and major security-based swap Two other commenters provided statements that are relating to the capital, margin, and participants; security-based swap trade not germane to the consideration of the extension. segregation requirements for security- acknowledgements; and registration requirements 13 See, e.g., Regulation SBSR—Reporting and based swap dealers and major security- for security-based swap execution facilities. Dissemination of Security-Based Swap Information, based swap participants. Before the The Linked Temporary Exemptions are not Exchange Act Release No. 74244 (Feb. 11, 2015), 80 addressed in this order and will be separately FR 14563 (Mar. 19, 2015); Security-Based Swap Commission considers any permanent considered in connection with the related security- Data Repository Registration, Duties, and Core exemptive relief, the Commission based swap rulemakings. The Commission has Principles, Exchange Act Release No. 74246 (Feb. believes that additional time will be already addressed some of the Linked Temporary 11, 2015), 80 FR 14437 (Mar. 19, 2015); Registration beneficial to evaluate the new regulatory Exemptions. For example, on June 8, 2016, the Process for Security-Based Swap Dealers and Major Commission adopted new rules for trade Security-Based Swap Participants, Exchange Act regime and its impact on the market for acknowledgement and verification of security-based Release No. 75611 (Aug. 5, 2015), 80 FR 48963 security-based swaps once the swap transactions. See Trade Acknowledgement (Aug. 14, 2015); Security-Based Swap Transactions Commission has finalized its and Verification of Security-Based Swap Connected with a Non-U.S. Person’s Dealing rulemakings. Therefore, at this time, the Transactions, Exchange Act Release No. 78011 Activity That Are Arranged, Negotiated, or (June 8, 2016), 81 FR 39807 (June 17, 2016) (‘‘Trade Executed By Personnel Located in a U.S. Branch or Commission is not making a Acknowledgement Release’’). In that release, the Office or in a U.S. Branch or Office of an Agent; determination on whether permanent Commission described the application of Exchange Security-Based Swap Dealer De Minimis Exception, relief should be provided for the Act Rule 10b–10 to transactions in security-based Exchange Act Release No. 77104 (Feb. 10, 2016), 81 Unlinked Temporary Exemptions. swaps and noted that the Linked Temporary FR 8597 (Feb. 19, 2016); Trade Acknowledgement Release; Business Conduct Standards for Security- Accordingly, pursuant to its authority Exemption relating to Exchange Act Rule 10b-10 16 would expire upon the compliance date of the new Based Swap Dealers and Major Security-Based under Section 36 of the Exchange Act, Rule 15Fi–2. See Trade Acknowledgement Release, Swap Participants, Exchange Act Release 77617 the Commission believes it is necessary 81 FR at 39824–25, n. 189. (Apr. 14, 2016), 81 FR 29960 (May 13, 2016); Regulation SBSR—Reporting and Dissemination of or appropriate in the public interest, 10 See Order Extending Certain Temporary Security-Based Swap Information, Exchange Act and consistent with the protection of Exemptions under the Securities Exchange Act of Release No. 78321 (July 14, 2016), 81 FR 53545 investors to extend the expiration of the 1934 in Connection with the Revision of the (Aug. 12, 2016); Access to Data Obtained by Unlinked Temporary Exemptions until Definition of ‘‘Security’’ to Encompass Security- Security-Based Swap Data Repositories, Exchange Based Swaps and Request for Comment, Exchange Act Release No. 78716 (Aug. 29, 2016), 81 FR 60585 February 5, 2019. Act Release No. 79833 (Jan. 18, 2017), 82 FR 8467 (Sept. 2, 2016). (Jan. 25, 2017) (‘‘2017 Extension Order’’). III. Solicitation of Comments 14 See, e.g., Registration and Regulation of 11 Comments received are available at https:// Security-Based Swap Execution Facilities, The Commission is providing www.sec.gov/comments/s7-27-11/s72711.shtml. Exchange Act Release No. 63825 (Feb. 2, 2011), 76 The Commission did not receive any comments in interested parties the opportunity to FR 10948 (Feb. 28, 2011); Capital, Margin, and comment on whether any relief should response to the request for comment in the 2014 Segregation Requirements for Security-Based Swap Extension Order. However, in 2012, the Dealers and Major Security-Based Swap be granted with respect to any specific Commission received a request from market Participants and Capital Requirements for Broker- Unlinked Temporary Exemption(s) participants to extend certain of the Temporary Dealers, Exchange Act Release No. 68071 (Oct. 18, beyond February 5, 2019. The Exemptions, citing concerns that key issues and 2012), 77 FR 70213 (Nov. 23, 2012); Recordkeeping questions regarding the application of the federal and Reporting Requirements for Security-Based securities laws remained unresolved and Swap Dealers, Major Security-Based Swap 15 See SIFMA Letter I and SIFMA Letter II. continuing concerns about the potential for Participants, and Broker-Dealers; Capital Rule for 16 15 U.S.C. 78mm. Section 36 of the Exchange unnecessary disruption to the security-based swap Certain Security-Based Swap Dealers; Proposed Act authorizes the Commission to conditionally or market. See SIFMA Request for Extension of the Rules, Exchange Act Release No. 71958 (Apr. 17, unconditionally exempt, by rule, regulation, or Expiration Date of the SEC’s Exchange Act 2014), 79 FR 25194 (May 2, 2014); Applications by order any person, security, or transaction (or any Exemptive Order and SBS Interim final Rules (Dec. Security-Based Swap Dealers or Major Security- class or classes of persons, securities, or 20, 2012), which is available at http://www.sec.gov/ Based Swap Participants for Statutorily Disqualified transactions) from any provision of the Exchange comments/s7-27-11/s72711-12.pdf. Associated Person To Effect or Be Involved in Act or any rule or regulation thereunder, to the 12 See comment from Layla Spencer, dated Effecting Security-Based Swaps, Exchange Act extent such exemption is necessary or appropriate January 30, 2017; and letters from Kyle Brandon, Release No. 75612 (Aug 5, 2015), 80 FR 51684 (Aug. in the public interest, and is consistent with the Managing Director, SIFMA, dated February 2, 2017 25, 2015). protection of investors.

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Commission recognizes that the submit only information that you wish II. Self-Regulatory Organization’s security-based swap market and to make available publicly. Statement of the Purpose of, and corresponding regulatory regime have Statutory Basis for, the Proposed Rule developed in the period of time since IV. Conclusion Change the Commission originally issued the It is hereby ordered, pursuant to In its filing with the Commission, the Exchange Act Exemptive Order, and Section 36 of the Exchange Act, that the Exchange included statements will continue to do so. As such, to Unlinked Temporary Exemptions concerning the purpose of and basis for determine whether permanent contained in the Exchange Act the proposed rule change and discussed exemptive relief is necessary or Exemptive Order and extended in the any comments it received on the appropriate in the public interest, and 2017 Extension Order in connection proposed rule change. The text of these consistent with the protection of with the revisions of the Exchange Act statements may be examined at the investors, the Commission invites places specified in Item IV below. The comments on the relief and requests that definition of ‘‘security’’ to encompass security-based swaps are extended until Exchange has prepared summaries, set interested parties provide detailed and forth in sections A, B, and C below, of February 5, 2019. updated information relating to the the most significant aspects of such Unlinked Temporary Exemptions. By the Commission. statements. To the extent that interested parties Brent J. Fields, A. Self-Regulatory Organization’s request specific relief for any of the Secretary. Unlinked Temporary Exemptions Statement of the Purpose of, and beyond February 5, 2019, the [FR Doc. 2018–02498 Filed 2–7–18; 8:45 am] Statutory Basis for, the Proposed Rule Commission encourages any such BILLING CODE 8011–01–P Change interested parties to be detailed in any 1. Purpose request as to the circumstances in which The Exchange is proposing to make the Exchange Act provision or rule SECURITIES AND EXCHANGE COMMISSION certain revisions to Rules 24A.4.02, applies to security-based swaps or which contains certain requirements for security-based swap market a FLEX Option that has the exact same [Release No. 34–82622; File No. SR–CBOE– participants, and why relief would be terms as a Non-FLEX Option. necessary. 2018–008] FLEX Options with quarterly Comments may be submitted by any Self-Regulatory Organizations; Cboe expirations, short term expirations, of the following methods: weekly expirations,3 and End of Month Exchange, Inc.; Notice of Filing of a (‘‘EOM’’) expirations are not currently Electronic Comments Proposed Rule Change Relating to fungible with Non-FLEX Options with • Use the Commission’s internet Flexibly Structured Options identical terms. Such expirations were comment form (http://www.sec.gov/ not originally intended to be fungible.4 rules/exorders.shtml); or February 2, 2018. • Send an email to rule-comments@ Pursuant to Section 19(b)(1) of the 3 The Exchange notes that Rule 24.9(e) no longer sec.gov. Please include File Number S7– Securities Exchange Act of 1934 uses the term End of Week (EOW) expirations. The 27–11 on the subject line; or (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Exchange added Monday and Wednesday • expirations to Rule 24.9(e), and Monday, Use the Federal eRulemaking Portal notice is hereby given that on January Wednesday, and Friday expirations are termed (http://www.regulations.gov). Follow the 19, 2018, Cboe Exchange, Inc. weekly expirations in Rule 24.9(e). See Rule 24.9(e). instructions for submitting comments. (‘‘Exchange’’ or ‘‘Cboe Options’’) filed 4 See e.g., Securities Exchange Act Release Nos. 59060 (December 5, 2008), 73 FR 76075 (December Paper Comments with the Securities and Exchange 15, 2008)(SR–CBOE–2008–115 proposal notice); Commission (‘‘Commission’’) the • 59417 (February 18, 2009), 74 FR 8591 (February Send paper comments in triplicate proposed rule change as described in 25, 2009) (SR–CBOE–2008–115 approval order); to Secretary, Securities and Exchange Items I, II, and III below, which Items and Securities Exchange Act Release 59675 (April 1, 2009), 74 FR 15794 (April 7, 2009) (SR–OCC– Commission, 100 F St. NE, Washington, have been prepared by the Exchange. DC 20549–1090. 2009–05). FLEX Options with non-Expiration The Commission is publishing this Friday expiration dates that coincide with other All submissions should refer to File notice to solicit comments on the Non-FLEX option expiration dates and with terms identical to those Non-FLEX Options were Number S7–27–11. This file number proposed rule change from interested should be included on the subject line permitted before, and were not originally intended persons. by the Exchange to become subject to, the if email is used. To help us process and fungibility provisions adopted through SR–CBOE– review your comments more efficiently, I. Self-Regulatory Organization’s 2008–115 (e.g., a FLEX Option that expires on the please use only one method. The Statement of the Terms of Substance of last day of a quarter and that has terms identical to a Non-FLEX Option series is not fungible with Commission will post all comments on the Proposed Rule Change that Non-FLEX Option series; however, certain the Commission’s internet website position limit aggregation requirements apply under (http://www.sec.gov/rules/ The Exchange seeks to amend its rules Rules 24A.7(d)(1)–(2) and 24B.7(d)(1)–(2)). See also, exorders.shtml). Comments are also related to flexibly structured options e.g., Securities Exchange Release Act Nos. 62658 (‘‘FLEX Options’’). The text of the (August 5, 2010), 75 FR 49010 (August 12, available for website viewing and 2010)(SR–CBOE–2009–075 proposal notice) and printing in the Commission’s Public proposed rule change is available on the 62911 (September 14, 2010), 75 FR 57539 Reference Room, 100 F St. NE, Exchange’s website (http:// (September 21, 2010) (SR–CBOE–2009–075 Washington, DC 20549 on official www.cboe.com/AboutCBOE/ approval order)(footnote 8 of the proposal notice CBOELegalRegulatoryHome.aspx), at indicates that FLEX Options do not become business days between the hours of 10 fungible with subsequently introduced Non-FLEX a.m. and 3 p.m. All comments received the Exchange’s Office of the Secretary, structured quarterly and short term options and will be posted without change. Persons and at the Commission’s Public that, because of the similarities between EOW and submitting comments are cautioned that Reference Room. EOM expirations and existing Non-FLEX structured quarterly and short term options, FLEX Options the Commission does not redact or edit will similarly not become fungible with EOW and personal identifying information from 1 15 U.S.C. 78s(b)(1). EOM expirations listed for trading). As previously comment submissions. You should 2 17 CFR 240.19b–4. noted, Rule 24.9(e) was amended to include

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The Exchange now proposes to add Second, the Exchange proposes to 24.9(e)(1), whereby the expiration paragraph (a) to Interpretation and codify existing practice by including becomes the business day immediately Policy .02 of Rule 24A.4 5 in order to rule text in paragraph (a) to Rule following the Exchange holiday.6 make all FLEX Options fungible with 24A4.02 to specify the applicability of Proposed paragraph (a) makes it clear Non-FLEX options with identical terms, Interpretation and Policy .02 in the that when the expiration of a Non-FLEX including quarterly expirations, short event the relevant expiration is an Option is moved to the immediately term expirations, weekly expirations, Exchange holiday. The proposed text is preceding (or following) business day and EOM expirations. as follows: the FLEX Option that also expires on The effect of the proposed rule change In the event the relevant expiration is an the preceding (or following) business is that once an option series with Exchange holiday, this Interpretation and day will be fungible with the Non-FLEX identical terms is listed for trading as a Policy shall be applicable to options with an Option (assuming all other terms are Non-FLEX Option series, (i) all existing expiration date that is the business day identical). open positions established under the immediately preceding the Exchange FLEX trading procedures will be fully holiday. Except, in the case of Monday Third, we are proposing to change the fungible with transactions in the expiring Weekly Expirations (Rule text to clarify that the existing intra-day identical Non-FLEX Option series, and 24.9(e)(1)), this Interpretation and Policy add provision only applies to FLEX (ii) any further trading in the series shall be applicable to options with an Options that have an American-style would be as Non-FLEX Options subject expiration date that is the business day exercise. Limiting the application of the to the Non-FLEX trading procedures and immediately following the Exchange intra-day add provision to American- Holiday. rules. The Exchange believes the style exercises was the Exchange’s proposed application of Rule 24A.4.02 Generally, if an expiration were to fall original intent when this provision was 7 to all FLEX Options will have the effect on an Exchange holiday, the expiration originally adopted. of more FLEX Options becoming becomes the business day immediately Finally, we are also proposing non- fungible with Non-Flex Options, which preceding the Exchange holiday— substantive, clarifying changes to will potentially increase the liquidity except in the case of Monday expiring simplify the text and make it easier to available to traders of FLEX Options. Weekly Expirations pursuant to Rule read. The changes are as follows:

The Exchange believes these non- provide that the fungibility provisions that are identical to the terms of a Non- substantive changes more clearly apply to FLEX Option series with terms FLEX Option series.

Monday and Wednesday expirations, and the term FLEX Options on the Hybrid Trading System, and 2010) (SR–CBOE–2010–078) (stating that there is EOW was removed. All expirations listed pursuant the rules governing the execution of FLEX Options assignment risk for American-style options only). In to Rule 24.9(e) (i.e., Monday, Wednesday, Friday, in open outcry have been removed from the the event a Non-FLEX Option is listed with and EOM expirations) are currently not fungible. Exchange’s rulebook. identical terms to an existing FLEX Option the 5 Chapter XXIVA contains the rules governing the 6 See e.g., Rule 24.9(e)(1) (stating that if the Options Clearing Corporation (‘‘OCC’’) cannot net execution of FLEX Options on the Hybrid Trading Exchange is not open for business on a respective the positions in the contracts until the next System. Prior to SR–CBOE–2018–003 Chapter Monday, the normally Monday expiring Weekly business day. Thus, if the Non-FLEX Option were XXIVA contained the rules governing the execution Expirations will expire on the following business listed intra-day, and an investor with a position in of FLEX Options in open outcry, and Chapter day, and if the Exchange is not open for business the FLEX Option attempted to close the position XXIVB contained the rules governing the execution on a respective Wednesday or Friday, the normally using the Non-FLEX Option, the investor would be of FLEX Options on the Hybrid Trading System. Wednesday or Friday expiring Weekly Expirations technically long in one contract and short in the Pursuant to SR–CBOE–2018–003 Chapter XXIVB will expire on the previous business day). other contract, exposing the investor to assignment replaced Chapter XXIVA such that Chapter XXIVA 7 See Securities Exchange Act Release No. 62870 risk until the next day despite having offsetting now contains the rules governing the execution of (September 8, 2010), 75 FR 56147 (September 15, positions.

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The Exchange notes that when a FLEX 6(b)(5) 11 requirements that the rules of participants with FLEX Options that Option is fungible with the Non-FLEX an exchange be designed to prevent will be able to, pursuant to this option OCC converts any open interest fraudulent and manipulative acts and proposal, exit their FLEX Options in the FLEX Option to the Non-FLEX practices, to promote just and equitable positions by transacting in Non-FLEX option. However, OCC’s By-laws principles of trade, to foster cooperation Options). To the extent that the currently provide that: and coordination with persons engaged proposed rule change will cause market Once a series of non-flexibly structured in regulating, clearing, settling, participants to choose Cboe Options options (other than a series of quarterly processing information with respect to, over other trading venues, market options or short term options) is opened for and facilitating transactions in participants on other exchanges are trading on an Exchange, any existing flexibly securities, to remove impediments to welcome to become TPHs and trade at structured option contracts that have and perfect the mechanism of a free and Cboe Options if they determine that this identical variable terms shall be fully open market and a national market proposed rule change has made Cboe fungible with options in such series, and system, and, in general, to protect 8 Options more attractive or favorable. shall cease to be flexibly structured options. investors and the public interest. The effect of ‘‘other than a series of Additionally, the Exchange believes the C. Self-Regulatory Organization’s quarterly options or short term options’’ proposed rule change is consistent with Statement on Comments on the in the above definition prevents OCC the Section 6(b)(5) 12 requirement that Proposed Rule Change Received From from carrying out the FLEX to Non- the rules of an exchange not be designed Members, Participants, or Others FLEX open interest conversion for to permit unfair discrimination between The Exchange neither solicited nor options with quarterly expirations, short customers, issuers, brokers, or dealers. received comments on the proposed term expirations, weekly expirations, In particular, the Exchange believes rule change. and EOM expirations. Thus, in order to the proposed application of Rule III. Date of Effectiveness of the give effect to the Cboe Options rule 24A.4.02 to all FLEX Options will have Proposed Rule Change and Timing for change, OCC will be amending its By- the effect of more FLEX Options Commission Action laws by removing ‘‘other than a series of becoming fungible with Non-Flex quarterly options or short term options’’ Options, which will potentially increase Within 45 days of the date of from the definition. The Exchange notes the liquidity available to traders of publication of this notice in the Federal that in situations where an OCC rule FLEX Options. The Exchange also Register or within such longer period change is necessary to give effect to a believes the rule text regarding holidays up to 90 days (i) as the Commission may Cboe Options rule change previous will serve to make clear the Exchange’s designate if it finds such longer period practice involved Cboe Options policies with regards to holidays. In to be appropriate and publishes its amending its rules and then OCC addition, the Exchange believes that reasons for so finding or (ii) as to which amending its rules.9 specifying that the intra-day add the Exchange consents, the Commission provision applies solely to American- will: Implementation Date style expirations will potentially A. By order approve or disapprove In order to allow OCC the time provide more clarity regarding the such proposed rule change, or necessary to amend its By-laws, the manner in which the rules operate, B. institute proceedings to determine proposed rule text provides that the which helps protect investors and the whether the proposed rule change Exchange’s current rule text will remain public interest. Finally, the non- should be disapproved. substantive, clarifying changes of the in effect until a date specified by the IV. Solicitation of Comments Exchange in a Regulatory Circular, proposed filing protect investors and the which date shall be no later than July public interest by making the rule easier Interested persons are invited to 31, 2018. The Regulatory Circular to read and understand. submit written data, views, and announcing the effective date shall be arguments concerning the foregoing, B. Self-Regulatory Organization’s including whether the proposed rule issued at least 30 days prior to the Statement on Burden on Competition effective date. On the effective date change is consistent with the Act. specified by the Exchange in a The Exchange does not believe that Comments may be submitted by any of Regulatory Circular, the rule text the proposed rule change will impose the following methods: any burden on competition that is not provisions amended by this filing will Electronic Comments be in effect. necessary or appropriate in furtherance of the purposes of the Act. Specifically, • Use the Commission’s internet 2. Statutory Basis the Exchange does not believe that the comment form (http://www.sec.gov/ The Exchange believes the proposed proposed rule change will impose any rules/sro.shtml); or • rule change is consistent with the burden on intramarket competition Send an email to rule-comments@ Securities Exchange Act of 1934 (the because the rules will be applicable to sec.gov. Please include File Number SR– ‘‘Act’’) and the rules and regulations all TPHs. The Exchange does not believe CBOE–2018–008 on the subject line. thereunder applicable to the Exchange the proposal will negatively impact Paper Comments market participants because, and, in particular, the requirements of • Section 6(b) of the Act.10 Specifically, importantly, more FLEX Options Send paper comments in triplicate the Exchange believes the proposed rule becoming fungible with Non-Flex to Secretary, Securities and Exchange change is consistent with the Section Options will potentially increase the Commission, 100 F Street NE, liquidity available to traders of FLEX Washington, DC 20549–1090. 8 See definition of ‘‘flexibly structured option’’ in Options (e.g., there are more market All submissions should refer to File Article I of OCC By-laws. participants transacting in Non-FLEX Number SR–CBOE–2018–008. This file 9 See e.g., Securities Exchange Act Release 59675 Options; thus, there is potentially more number should be included on the (April 1, 2009), 74 FR 15794 (April 7, 2009) (SR– subject line if email is used. To help the OCC–2009–05) and Securities Exchange Act Release liquidity available to market 59417 (Feb. 18, 2009), 74 FR 8591 (Feb. 25, 2009) Commission process and review your (SR–CBOE–2008–115). 11 15 U.S.C. 78f(b)(5). comments more efficiently, please use 10 15 U.S.C. 78f(b). 12 Id. only one method. The Commission will

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post all comments on the Commission’s and Exchange Commission trading of Trust Issued Receipts.5 The internet website (http://www.sec.gov/ (‘‘Commission’’) the proposed rule Shares will be offered by the Metaurus rules/sro.shtml). Copies of the change as described in Items I and II Equity Component Trust (the ‘‘Trust’’). submission, all subsequent below, which Items have been prepared Each Fund is a series of the Trust.6 amendments, all written statements by the self-regulatory organization. The Shares of the Funds have been approved with respect to the proposed rule Commission is publishing this notice to by the Commission for listing and change that are filed with the solicit comments on the proposed rule trading on the Exchange under NYSE Commission, and all written change from interested persons. Arca Rule 8.200–E, Commentary .02. communications relating to the The Funds’ Shares have not commenced proposed rule change between the I. Self-Regulatory Organization’s trading on the Exchange. Commission and any person, other than Statement of the Terms of Substance of With respect to the U.S. Equity Ex- those that may be withheld from the the Proposed Rule Change Dividend Fund—Series 2027 Fund (‘‘Ex- public in accordance with the The Exchange proposes (1) to reflect Dividend Fund’’), the Prior Releases provisions of 5 U.S.C. 552, will be a change in the description of the index stated that, according to the Registration available for website viewing and underlying shares (‘‘Shares’’) of the U.S. Statement, the Ex-Dividend Fund will printing in the Commission’s Public Equity Ex-Dividend Fund—Series 2027; seek investment results that, before fees Reference Room, 100 F Street NE, and (2) to revise the reference to the and expenses, correspond to the Washington, DC 20549 on official Custodian for the U.S. Equity performance of the Solactive U.S. Equity business days between the hours of Cumulative Dividends Fund—Series Ex-Dividends Index—Series 2027 so as 10:00 a.m. and 3:00 p.m. Copies of the 2027 and the U.S. Equity Ex-Dividend to provide shareholders of the Ex- filing also will be available for Fund—Series 2027 (each a ‘‘Fund’’ and, Dividend Fund with returns that are inspection and copying at the principal collectively, the ‘‘Funds’’). Shares of the equivalent to the performance of 0.5 office of the Exchange. All comments Funds have been approved by the shares of SPDR® S&P 500 ETF received will be posted without change. Securities and Exchange Commission (‘‘SPDRs’’) less the value of current and Persons submitting comments are (the ‘‘Commission’’) for listing and future expected ordinary cash dividends cautioned that we do not redact or edit trading on the Exchange under NYSE to be paid on the S&P 500 constituent personal identifying information from Arca Rule 8.200–E, Commentary .02. companies over the term of the Ex- comment submissions. You should The proposed rule change is available Dividend Fund. In addition, the Prior submit only information that you wish on the Exchange’s website at Releases stated that, according to the to make available publicly. All www.nyse.com, at the principal office of Registration Statement, the Solactive Ex- submissions should refer to File the Exchange, and at the Commission’s Dividend Index aims to represent the Number SR–CBOE–2018–008 and Public Reference Room. current value of 0.5 shares of SPDRs, should be submitted on or before March less the current value of ordinary cash 1, 2018. II. Self-Regulatory Organization’s dividends expected to be paid on the Statement of the Purpose of, and For the Commission, by the Division of S&P 500, until the Ex-Dividend Fund’s Statutory Basis for, the Proposed Rule maturity as represented by the Solactive Trading and Markets, pursuant to delegated Change authority.13 Dividend Index and, because the Eduardo A. Aleman, In its filing with the Commission, the Solactive Ex-Dividend Index tracks the Assistant Secretary. self-regulatory organization included performance of 0.5 shares of SPDRs and sums up the discounted values of the [FR Doc. 2018–02482 Filed 2–7–18; 8:45 am] statements concerning the purpose of, and basis for, the proposed rule change Annual S&P 500 Dividend Futures BILLING CODE 8011–01–P and discussed any comments it received Contracts, no weighting is applied. on the proposed rule change. The text The Ex-Dividend Fund proposes to SECURITIES AND EXCHANGE of those statements may be examined at change these representations to state COMMISSION the places specified in Item IV below. The Exchange has prepared summaries, 2017) (SR–NYSEArca–2017–88) (Order Approving [Release No. 34–82625; File No. SR– set forth in sections A, B, and C below, Proposed Rule Change to List and Trade the Shares NYSEArca–2018–11] of the U.S. Equity Cumulative Dividends Fund— of the most significant parts of such Series 2027 (‘‘Dividend Fund’’) and the U.S. Equity statements. Ex-Dividend Fund—Series 2027 under NYSE Arca Self-Regulatory Organizations; NYSE Equities Rule 8.200, Commentary .02) (‘‘Prior Arca, Inc.; Notice of Filing and A. Self-Regulatory Organization’s Order’’). See also Amendment No. 1 to SR– Immediate Effectiveness of Proposed Statement of the Purpose of, and the NYSEArca–2017–88, filed November 14, 2017 Rule Change Relating to Certain (‘‘Amendment No. 1’’), and Amendment No. 2 to Statutory Basis for, the Proposed Rule SR–NYSEArca-2017–88 (‘‘Amendment No. 2’’), Changes Regarding the U.S. Equity Change filed November 16, 2017. Amendment No. 1, Cumulative Dividends Fund—Series Amendment No. 2 and the Prior Order are referred 2027 and the U.S. Equity Ex-Dividend 1. Purpose to collectively as the ‘‘Prior Releases’’. All terms referenced but not defined herein are defined in the Fund—Series 2027 The Commission has approved a Prior Releases. proposed rule change relating to listing 5 February 2, 2018. Commentary .02 to NYSE Arca Rule 8.200–E and trading on the Exchange of Shares applies to Trust Issued Receipts that invest in 1 Pursuant to Section 19(b)(1) of the of the Funds under NYSE Arca Rule ‘‘Financial Instruments.’’ The term ‘‘Financial Securities Exchange Act of 1934 8.200–E,4 which governs the listing and Instruments,’’ as defined in Commentary .02(b)(4) to (‘‘Act’’) 2 and Rule 19b–4 thereunder,3 NYSE Arca Rule 8.200–E, means any combination of investments, including cash; securities; options notice is hereby given that on February 4 See Securities Exchange Act Release Nos. 81453 on securities and indices; futures contracts; options 1, 2018, NYSE Arca, Inc. (‘‘Exchange’’ or (August 22, 2017), 82 FR 40816 (August 28, 2017) on futures contracts; forward contracts; equity caps, ‘‘NYSE Arca’’) filed with the Securities (SR–NYSEArca–2017–88) (Notice of Filing of collars, and floors; and swap agreements. Proposed Rule Change to List and Trade the Shares 6 On January 30, 2018, the Trust filed with the of the U.S. Equity Cumulative Dividends Fund— Commission Pre-Effective Amendment No. 4 to its 13 17 CFR 200.30–3(a)(12). Series 2027 and the U.S. Equity Ex-Dividend registration statement on Form S–1 under the 1 15 U.S.C. 78s(b)(1). Fund—Series 2027 under NYSE Arca Equities Rule Securities Act of 1933 (15 U.S.C. 77a) relating to the 2 15 U.S.C. 78a. 8.200, Commentary .02) (‘‘Prior Notice’’); 82138 Funds (File No. 333–221591) (the ‘‘Registration 3 17 CFR 240.19b–4. (November 21, 2017), 82 FR 56311 (November 28, Statement’’).

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that: (i) The Ex-Dividend Fund will seek open market and, in general, to protect C. Self-Regulatory Organization’s investment results that, before fees and investors and the public interest. With Statement on Comments on the expenses, correspond to the respect to the change to the Solactive Proposed Rule Change Received From performance of the Solactive U.S. Equity Ex-Dividend Index, which aims to Members, Participants, or Others Ex-Dividends Index—Series 2027 so as represent the current value of 0.25 No written comments were solicited to provide shareholders of the Ex- shares of SPDRs (reduced from 0.50 as or received with respect to the proposed Dividend Fund with returns that are stated in the Prior Releases), less the rule change. equivalent to the performance of 0.25 current value of ordinary cash shares of SPDRs less the value of current dividends expected to be paid on the III. Date of Effectiveness of the and future expected ordinary cash S&P 500, the net asset value of the Ex- Proposed Rule Change and Timing for dividends to be paid on the S&P 500 Dividend Fund’s Shares was reduced by Commission Action constituent companies over the term of half in order to track a reduction by half Because the foregoing proposed rule the Ex-Dividend Fund, (ii) the Solactive of the value of the Solactive Dividend change does not: (i) Significantly affect Ex-Dividend Index aims to represent the Index and the corresponding reduction the protection of investors or the public current value of 0.25 shares of SPDRs, by half of the net asset value of the interest; (ii) impose any significant less the current value of ordinary cash Dividend Fund’s Shares. The Sponsor burden on competition; and (iii) become dividends expected to be paid on the has determined that the net asset value operative for 30 days from the date on S&P 500, until the Ex-Dividend Fund’s of the Dividend Fund’s Shares would be which it was filed, or such shorter time maturity as represented by the Solactive too large for many retail investors of as the Commission may designate, it has Dividend Index, and (iii) because the financial intermediaries. The Sponsor become effective pursuant to Section Solactive Ex-Dividend Index tracks the has determined that such reduction, 19(b)(3)(A) of the Act 7 and Rule 19b– performance of 0.25 shares of SPDRs which would consequently result in a 4(f)(6) thereunder.8 and sums up the discounted values of proportionate reduction in the net asset A proposed rule change filed the Annual S&P 500 Dividend Futures value of Shares of the Ex-Dividend Fund pursuant to Rule 19b–4(f)(6) under the Contracts, no weighting is applied. (to represent the current value of 0.25 Act 9 normally does not become Amendment No. 1 to the proposed shares of SPDRs less the current value rule change identified the Funds’ operative for 30 days after the date of its of ordinary cash dividends expected to filing. However, Rule 19b–4(f)(6)(iii) 10 Custodian as Bank of New York Mellon. be paid on the S&P 500), would be more This representation is changed to state permits the Commission to designate a appropriate for retail investors. The shorter time if such action is consistent that the Funds’ Custodian will be Brown Exchange believes the proposed rule Brothers, Harriman & Co., as stated in with the protection of investors and the change relating to the Solactive Ex- public interest. The Exchange has asked the Prior Notice. Dividend Index will provide the Funds The Funds will comply with all initial the Commission to waive the 30-day [sic] with the ability to price the Funds’ and continued listing requirements operative delay so that the proposal may [sic] Shares in a manner that the under NYSE Arca Rule 8.200–E, become operative immediately upon Exchange believes is more appropriate Commentary .02. The only change with filing. for retail investors, which will enhance respect to the Funds’ investment The Exchange states that modification market competition with respect to the objective is that the Ex-Dividend Fund of the investment objective of the Ex- Funds’ [sic] Shares and may enhance will seek investment results that, before Dividend Fund will adjust the price of liquidity in trading in the Funds’ [sic] fees and expenses, correspond to the the Shares to a level that the Exchange Shares. Such change will not impact performance of the Solactive U.S. Equity believes is more appropriate for retail operation of the Funds and will not Ex-Dividends Index—Series 2027 so as investors. The Exchange asserts that adversely impact investors, Exchange to provide shareholders of the Ex- this, in turn, will enhance market trading or the ability of market Dividend Fund with returns that are competition with respect to the Shares participants to arbitrage the Funds. equivalent to the performance of 0.25 and may enhance their liquidity. shares (rather than 0.50 shares) of The Funds will comply with all initial Additionally, the Exchange states that SPDRs less the value of current and and continued listing requirements this change, as well as the designation future expected ordinary cash dividends under NYSE Arca Equities Rule 8.200– of a new custodian, will not impact the to be paid on the S&P 500 constituent E, Commentary .02. Except for the operation of the Funds or adversely companies over the term of the Ex- changes noted above, all other impact investors. The Commission Dividend Fund. Except for the changes representations made in the Prior believes that waiving the 30-day noted above, all other representations Releases remain unchanged. operative delay is consistent with the made in the Prior Releases remain B. Self-Regulatory Organization’s protection of investors and the public unchanged. Statement on Burden on Competition interest. The Commission hereby waives the 30-day operative delay and 2. Statutory Basis The Exchange does not believe that designates the proposal operative upon The basis under the Act for this the proposed rule change will impose filing.11 proposed rule change is the requirement any burden on competition that is not under Section 6(b)(5) that an exchange necessary or appropriate in furtherance 7 15 U.S.C. 78s(b)(3)(A). have rules that are designed to prevent of the purpose of the Act. The Exchange 8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– fraudulent and manipulative acts and believes the proposed rule change 4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file practices, to promote just and equitable relating to the Solactive Ex-Dividend the proposed rule change at least five business days principles of trade, to remove Index will provide the Funds [sic] with prior to the date of filing of the proposed rule impediments to, and perfect the the ability to price the Funds’ [sic] change, or such shorter time as designated by the mechanism of a free and open market Shares in a manner that the Exchange Commission. The Commission has waived the pre- filing requirement. and, in general, to protect investors and believes is more appropriate for retail 9 17 CFR 240.19b–4(f)(6). the public interest. investors, which will enhance market 10 17 CFR 240.19b–4(f)(6)(iii). The proposed rule change is designed competition with respect to the Funds’ 11 For purposes only of waiving the 30-day to perfect the mechanism of a free and [sic] Shares. operative delay, the Commission has also

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At any time within 60 days of the inspection and copying at the principal (1) Rachel Kastenberg, Office of filing of the proposed rule change, the office of the Exchange. All comments Environmental Quality and Commission summarily may received will be posted without change. Transboundary Issues, U.S. Department temporarily suspend such rule change if Persons submitting comments are of State, by electronic mail at it appears to the Commission that such cautioned that we do not redact or edit [email protected] with the subject action is necessary or appropriate in the personal identifying information from line ‘‘U.S.-Peru EAC/ECC/Sub- public interest, for the protection of comment submissions. You should Committee Meetings’’; and investors, or otherwise in furtherance of submit only information that you wish (2) Laura Buffo, Office of Environment the purposes of the Act. If the to make available publicly. All and Natural Resources, Office of the Commission takes such action, the submissions should refer to File United States Trade Representative, by Commission shall institute proceedings Number SR–NYSEArca–2018–11 and electronic mail at Laura_Buffo@ to determine whether the proposed rule should be submitted on or before March ustr.eop.gov with the subject line ‘‘U.S.- change should be approved or 1, 2018. Peru EAC/ECC/Sub-Committee disapproved. For the Commission, by the Division of Meetings.’’ Trading and Markets, pursuant to delegated IV. Solicitation of Comments FOR FURTHER INFORMATION CONTACT: authority.12 Rachel Kastenberg, Telephone (202) Interested persons are invited to Eduardo A. Aleman, submit written data, views, and 647–6849 or Laura Buffo, Telephone Assistant Secretary. arguments concerning the foregoing, (202) 395–9424. [FR Doc. 2018–02484 Filed 2–7–18; 8:45 am] including whether the proposed rule SUPPLEMENTARY INFORMATION: The PTPA change is consistent with the Act. BILLING CODE 8011–01–P entered into force on February 1, 2009. Comments may be submitted by any of Article 18.6 of the PTPA establishes an the following methods: Environmental Affairs Council, which DEPARTMENT OF STATE Electronic Comments meets once a year unless otherwise agreed by the Parties to discuss the • [Public Notice: 10308] Use the Commission’s internet implementation of Chapter 18. Annex comment form (http://www.sec.gov/ Meetings of the United States-Peru 18.3.4 to the PTPA establishes a Sub- rules/sro.shtml); or Environmental Affairs Council, Committee on Forest Sector • Send an email to rule-comments@ Environmental Cooperation Governance. The Sub-Committee is a sec.gov. Please include File Number SR– Commission, and Sub-Committee on specific forum for the Parties to NYSEArca–2018–11 on the subject line. Forest Sector Governance exchange views and share information Paper Comments on any matter arising under the PTPA ACTION: Notice of meetings and request Annex on Forest Sector Governance. • Send paper comments in triplicate for comments. The ECA entered into force on August to Secretary, Securities and Exchange 23, 2009. Article III of the ECA Commission, 100 F Street NE, SUMMARY: The Department of State and establishes an Environmental Washington, DC 20549–1090. the Office of the United States Trade Cooperation Commission and makes the All submissions should refer to File Representative (USTR) are providing Commission responsible for developing Number SR–NYSEArca–2018–11. This notice that, on February 21–22, 2018, a Work Program. Article 18.6 of the file number should be included on the the United States and Peru will hold the PTPA and Article VI of the ECA provide subject line if email is used. To help the ninth meeting of the Sub-Committee on that meetings of the Council and Commission process and review your Forest Sector Governance (the ‘‘Sub- Commission respectively include a comments more efficiently, please use Committee’’), the seventh meeting of the public session, unless the Parties only one method. The Commission will Environmental Affairs Council (the otherwise agree. At its first meeting, the post all comments on the Commission’s ‘‘Council’’), and the fifth meeting of the Sub-Committee on Forest Sector internet website (http://www.sec.gov/ Environmental Cooperation Governance committed to hold a public rules/sro.shtml). Copies of the Commission (the ‘‘Commission’’). The session after each Sub-Committee submission, all subsequent public session for the Council, meeting. amendments, all written statements Commission and Sub-Committee will be The purpose of the meetings is to with respect to the proposed rule held on February 22, 2018 at 3:00 p.m. review implementation of: Chapter 18 change that are filed with the All meetings will take place in Lima, (Environment) of the United States-Peru Commission, and all written Peru, at the Ministry of International Trade Promotion Agreement (PTPA); the communications relating to the Trade and Tourism (Mincetur). PTPA Annex on Forest Sector proposed rule change between the DATES: The public session of the Governance (Annex 18.3.4); and the Commission and any person, other than Council, Sub-Committee and United States-Peru Environmental those that may be withheld from the Commission meetings will be held on Cooperation Agreement (ECA). public in accordance with the February 22, 2018 at 3:00 p.m. The Department of State and USTR provisions of 5 U.S.C. 552, will be Comments and suggestions are invite interested organizations and available for website viewing and requested in writing no later than members of the public to attend the printing in the Commission’s Public February 20, 2018. public session, and to submit written Reference Room, 100 F Street NE, ADDRESSES: All meetings will be held at comments or suggestions regarding Washington, DC 20549 on official Peru’s Ministry of International Trade implementation of Chapter 18, Annex business days between the hours of and Tourism (Mincetur), Calle Uno 18.3.4, and the ECA, and any issues that 10:00 a.m. and 3:00 p.m. Copies of the Oeste N 050 Urb. Corpac, San Isidro. should be discussed at the meetings. If filing also will be available for Written comments and suggestions you would like to attend the public should be submitted to both: considered the proposed rule’s impact on session, please notify Rachel Kastenberg efficiency, competition, and capital formation. See and Laura Buffo at the email addresses 15 U.S.C. 78c(f). 12 17 CFR 200.30–3(a)(12). listed under the heading ADDRESSES.

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Please include your full name and any established increases in duties and a incorporate, at a minimum: (A) a side organization or group you represent. tariff-rate quota known as the safeguard wrapper, (B) a base and (C) a drive hub; and’’. In preparing comments, submitters measure, pursuant to section 203 of the Jamieson Greer, are encouraged to refer to: Trade Act of 1974, as amended (19 • Chief of Staff, Office of the United States Chapter 18 of the PTPA, including U.S.C. 2253), on imports of large Trade Representative. Annex 18.3.4, https://ustr.gov/trade- residential washers and covered parts [FR Doc. 2018–02564 Filed 2–7–18; 8:45 am] agreements/free-trade-agreements/peru- described in paragraph 5 of that tpa/final-text, BILLING CODE 3190–F8–P • Proclamation. Effective with respect to the Final Environmental Review of goods entered or withdrawn from the PTPA, https://ustr.gov/sites/default/ warehouse for consumption, on or after files/uploads/factsheets/ DEPARTMENT OF TRANSPORTATION 12:01 a.m., eastern standard time, on Trade%20Topics/environment/ February 7, 2018, Proclamation 9694 Federal Aviation Administration Environmental%20Review%20FINAL %2020071101.pdf, and modifies the HTS to provide for [Summary Notice No. 2017–93] • the ECA, http://www.state.gov/e/ increased duties and a tariff-rate quota. oes/eqt/trade/peru/81638.htm. The Annex to the Proclamation Petition for Exemption; Summary of These and other useful documents are contained technical errors and Petition Received; Executive Air available at: http://www.ustr.gov/trade- omissions. This notice correct those Charter of Boca Raton, Inc., dba Fair agreements/free-trade-agreements/peru- errors and omissions to provide the Wind Air Charter intended tariff treatment. In particular, tpa and at http://www.state.gov/e/oes/ AGENCY: Federal Aviation eqt/trade/peru/index.htm. the notice corrects an error regarding the Administration (FAA), DOT. description of covered washer parts Robert Wing, ACTION: Notice. included in the application of the Acting Director, Office of Environmental safeguard measure, as provided in Quality and Transboundary Issues, SUMMARY: This notice contains a Department of State. paragraph 5 of Proclamation 9694. summary of a petition seeking relief from specified requirements of Federal [FR Doc. 2018–02490 Filed 2–7–18; 8:45 am] 2. Technical Corrections Aviation Regulations. The purpose of BILLING CODE 4710–09–P Presidential Proclamation 6969 of this notice is to improve the public’s January 27, 1997 (62 FR 4415), awareness of, and participation in, the FAA’s exemption process. Neither OFFICE OF THE UNITED STATES authorizes the United States Trade publication of this notice nor the TRADE REPRESENTATIVE Representative to exercise the authority provided to the President under section inclusion or omission of information in the summary is intended to affect the Technical Corrections to the 604 of the Trade Act (19 U.S.C. 2483) to legal status of the petition or its final Harmonized Tariff Schedule of the embody rectifications, technical or disposition. United States conforming changes, or similar DATES: Comments on this petition must AGENCY: modifications in the HTS. Pursuant to Office of the United States identify the petition docket number and Trade Representative. this delegated authority, the United States Trade Representative is making must be received on or before February ACTION: Notice. the following changes to the HTS with 28, 2018. SUMMARY: The United States Trade respect to goods entered or withdrawn ADDRESSES: Send comments identified Representative is making technical from warehouse for consumption, on or by docket number FAA–2017–1049 using any of the following methods: modifications to subchapter III of after the dates set forth below. • chapter 99 of the Harmonized Tariff Federal eRulemaking Portal: Go to Schedule of the United States (HTS) to Annex http://www.regulations.gov and follow correct errors and omissions in the the online instructions for sending your Effective with respect to articles comments electronically. Annex to a Presidential Proclamation entered or withdrawn from warehouse • issued on January 23, 2018, concerning Mail: Send comments to Docket for consumption, on or after 12:01 a.m., Operations, M–30; U.S. Department of imports of large residential washers and eastern standard time, on February 7, covered parts. Transportation (DOT), 1200 New Jersey 2018, U.S. Note 17(f) to subchapter III of Avenue SE, Room W12–140, West DATES: The modifications and chapter 99 of the Harmonized Tariff Building Ground Floor, Washington, DC corrections are effective with respect to Schedule of the United States is 20590–0001. articles entered or withdrawn from modified: • Hand Delivery or Courier: Take warehouse for consumption, on or after comments to Docket Operations in (1) By deleting the phrase ‘‘, the foregoing the dates set forth in each item in the Room W12–140 of the West Building annex to this notice. which incorporate, at a minimum, (A) a side wrapper, (B) a base and (C) a drive hub’’ in Ground Floor at 1200 New Jersey FOR FURTHER INFORMATION CONTACT: Avenue SE, Washington, DC, between 9 Victor Mroczka, Office of WTO and subdivision (1); (2) by deleting the word ‘‘and’’ at the end a.m. and 5 p.m., Monday through Multilateral Affairs, at vmroczka@ of subdivision (2); Friday, except Federal holidays. ustr.eop.gov or 202–395–9450 or Juli • (3) by renumbering subdivision (3) as Fax: Fax comments to Docket Schwartz, Office of General Counsel, at subdivision (4); and Operations at 202–493–2251. [email protected] or 202– (4) by inserting the following new Privacy: In accordance with 5 U.S.C. 395–3150. subdivision (3) in numerical order: 553(c), DOT solicits comments from the SUPPLEMENTARY INFORMATION: ‘‘(3) all assembled baskets provided for in public to better inform its rulemaking process. DOT posts these comments, 1. Background subheading 8450.90.60 and designed for use in the washing machines defined in without edit, including any personal On January 23, 2018, Presidential subdivision (c) of this note, which information the commenter provides, to Proclamation 9694 (83 FR 3553) http://www.regulations.gov, as

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described in the system of records The purpose of this notice is to improve Issued in Washington, DC. notice (DOT/ALL–14 FDMS), which can the public’s awareness of, and Lirio Liu, be reviewed at http://www.dot.gov/ participation in, this aspect of FAA’s Director, Office of Rulemaking. privacy. regulatory activities. Neither publication Docket: Background documents or of this notice nor the inclusion or Petition for Exemption comments received may be read at omission of information in the summary Docket No.: FAA–2016–9416. http://www.regulations.gov at any time. is intended to affect the legal status of Petitioner: Minnesota Department of Follow the online instructions for the petition or its final disposition. Natural Resources. Section of 14 CFR Affected: 135.503, accessing the docket or go to the Docket DATES: Comments on this petition must 135.505, and 135.507. Operations in Room W12–140 of the identify the petition docket number and West Building Ground Floor at 1200 Description of Relief Sought: The must be received on or before February Minnesota Department of Natural New Jersey Avenue SE, Washington, 28, 2018. DC, between 9 a.m. and 5 p.m., Monday Resources (MNDNR) petitions for its through Friday, except Federal holidays. ADDRESSES: You may send comments contracted vendors to have and identified by Docket Number FAA– FOR FURTHER INFORMATION CONTACT: Nia maintain an FAA-approved Hazmat 2016–9416 using any of the following Daniels, (202) 267–7626, Office of Will-Carry manual. Its vendors will be methods: Rulemaking, Federal Aviation required to follow and carry this and • Administration, 800 Independence Government-wide rulemaking other hazmat documents onboard the Avenue SW, Washington, DC 20591. website: Go to http:// aircraft at all times, as well as, www.regulations.gov and follow the completing a training course. This notice is published pursuant to 14 instructions for sending your comments CFR 11.85. [FR Doc. 2018–02540 Filed 2–7–18; 8:45 am] electronically. Issued in Washington, DC. BILLING CODE 4910–13–P • Mail: Send comments to the Docket Lirio Liu, Management Facility; U.S. Department Director, Office of Rulemaking. of Transportation, 1200 New Jersey DEPARTMENT OF TRANSPORTATION Petition for Exemption Avenue SE, West Building, Ground Floor, Room W12–140, Washington, DC Federal Aviation Administration Docket No.: FAA–2017–1049. 20590. Agency Information Collection Petitioner: Executive Air Charter of • Boca Raton, Inc., dba Fair Wind Air Fax: Fax comments to the Docket Activities: Requests for Comments; Charter. Management Facility at 202–493–2251. Clearance of Renewed Approval of Section of 14 CFR Affected: 135.297. • Hand Delivery: Bring comments to Information Collection: Renewal, Description of Relief Sought: the Docket Management Facility in Agricultural Aircraft Operator Executive Air Charter of Boca Raton, Room W12–140 of the West Building, Certificate Application Inc., dba Fair Wind Air Charter, is Ground Floor at 1200 New Jersey AGENCY: seeking partial relief from the Avenue SE, Washington, DC, between 9 Federal Aviation requirements of § 135.297. This section a.m. and 5 p.m., Monday through Administration (FAA), DOT. requires a pilot serving as a pilot in Friday, except Federal holidays. ACTION: Notice and request for command of an aircraft in a part 135 Privacy: We will post all comments comments. we receive, without change, to http:// operation under instrument flight rules SUMMARY: In accordance with the to pass an instrument proficiency check www.regulations.gov, including any Paperwork Reduction Act of 1995, FAA every 6 calendar months. The petitioner personal information you provide. invites public comments about our proposes to permit a Fair Wind Air Using the search function of our docket intention to request the Office of Charter pilot in command, under website, anyone can find and read the Management and Budget (OMB) specific conditions, to substitute one comments received into any of our approval to renew an information instrument proficiency check every 24 dockets, including the name of the collection. The collection involves the months with FAA-approved upset individual sending the comment (or submission of application FAA Form prevention and recovery training. signing the comment for an association, 8710–3 for the certification process. The [FR Doc. 2018–02541 Filed 2–7–18; 8:45 am] business, labor union, etc.). You may information to be collected will be used review DOT’s complete Privacy Act BILLING CODE 4910–13–P to and/or is necessary to evaluate the Statement in the Federal Register operators request to become certified as published on April 11, 2000 (65 FR an Agricultural Aircraft Operator. DEPARTMENT OF TRANSPORTATION 19477–78). DATES: Written comments should be Docket: To read background submitted by April 9, 2018. Federal Aviation Administration documents or comments received, go to ADDRESSES: Send comments to the FAA [Summary Notice No. PE–2016–123] http://www.regulations.gov at any time or to the Docket Management Facility in at the following address: Barbara Hall, Petition for Exemption; Summary of Room W12–140 of the West Building, Federal Aviation Administration, ASP– Petition Received; Minnesota Ground Floor at 1200 New Jersey 110, 10101 Hillwood Parkway, Fort Department of Natural Resources Avenue SE, Washington, DC, between 9 Worth, TX 76177. a.m. and 5 p.m., Monday through Public Comments Invited: You are AGENCY: Federal Aviation Friday, except Federal holidays. asked to comment on any aspect of this Administration (FAA), DOT. information collection, including (a) FOR FURTHER INFORMATION CONTACT: Nia ACTION: Notice of petition for exemption Whether the proposed collection of Daniels, (202) 267–7626, 800 received. information is necessary for FAA’s Independence Avenue SW, Washington, performance; (b) the accuracy of the SUMMARY: This notice contains a DC 20591. estimated burden; (c) ways for FAA to summary of a petition seeking relief This notice is published pursuant to 14 enhance the quality, utility and clarity from specified requirements of 14 CFR. CFR 11.85. of the information collection; and (d)

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ways that the burden could be DEPARTMENT OF TRANSPORTATION exercise leadership throughout the minimized without reducing the quality highway community to make the of the collected information. The agency Federal Highway Administration Nation’s roadways safer by developing, will summarize and/or include your [Docket No. FHWA–2017–0037] evaluating, and deploying life-saving comments in the request for OMB’s countermeasures; advancing the use of clearance of this information collection. Agency Information Collection scientific methods and data-driven Activities: Request for Comments for a decisions, fostering a safety culture, and FOR FURTHER INFORMATION CONTACT: New Information Collection promoting an integrated, Barbara Hall by email at: multidisciplinary 4 E’s (Engineering, [email protected]; phone: 940– AGENCY: Federal Highway Education, Enforcement, Education) 594–5913. Administration (FHWA), DOT. approach to safety. The mission is ACTION SUPPLEMENTARY INFORMATION: : Notice and request for carried out through the Highway Safety comments. Improvement Program (HSIP), a data OMB Control Number: 2120–0049. driven strategic approach to improving Title: Agricultural Aircraft Operator SUMMARY: The FHWA has forwarded the highway safety on all public roads that Certificate Application. information collection request described focuses on performance. The goal of the in this notice to the Office of Form Numbers: FAA Form 8710–3. program is to achieve a significant Management and Budget (OMB) for reduction in traffic fatalities and serious Type of Review: This is a renewal of approval of a new information injuries on all public roads, including an information collection. collection. We published a Federal non-State-owned public roads and roads Background: Application for Register Notice with a 60-day public on tribal lands. certificate issuance or amendment of a comment period on this information In keeping with that mission, the 14 CFR part 137 Agricultural Aircraft collection on June 19, 2017. We are United States Congress on June 29, 2012 Operator Certificate. Application for a required to publish this notice in the passed the Moving Ahead for Progress Federal Register by the Paperwork certificate issued under 14 CFR part 137 in the 21st Century Act (MAP–21), Reduction Act of 1995. is made on a form, and in a manner, which was signed into law (Pub. L. 112– 141) on July 6, 2012 by President prescribed by the Administrator. The DATES: Please submit comments by Barrack Obama and continued in the FAA form 8710–3 may be obtained from March 12, 2018. Fixing America’s Surface Transportation an FAA Flight Standards District Office ADDRESSES: You may send comments within 30 days to the Office of Act (FAST Act). MAP–21 is a milestone and filed with the FAA Flight Standards for the U.S. economy and the Nation’s District Office that has jurisdiction over Information and Regulatory Affairs, Office of Management and Budget, 725 surface transportation program as it the area in which the applicant’s home transformed the policy and base of operations is located. 17th Street NW, Washington, DC 20503, Attention DOT Desk Officer. You are programmatic framework for The information collected includes: asked to comment on any aspect of this investments to guide the system’s Type of application, Operators name/ information collection, including: (1) growth and development and created a DBAs, telephone number, mailing Whether the proposed collection is streamlined performance-based surface address, physical address of the necessary for the FHWA’s performance; transportation program. The FHWA principal base of operations, Chief pilot/ (2) the accuracy of the estimated defines Transportation Performance designee name, airman certificate grade burden; (3) ways for the FHWA to Management (TPM) as a strategic and number, rotorcraft make/model enhance the quality, usefulness, and approach that uses system information registration numbers to be used and clarity of the collected information; and to make investment and policy decisions to achieve national load combinations requested. (4) ways that the burden could be performance goals. minimized, including the use of Respondents: 1755 active 14 CFR part MAP–21 required the Secretary of 137 Certificate Holders. electronic technology, without reducing Transportation to establish performance the quality of the collected information. Frequency: New applications as measures for States to use to assess All comments should include the serious injuries and fatalities per vehicle industry dictates, there is no renewal Docket No. FHWA- 2017–0037. required for 14 CFR part 137 certificate mile traveled; and the number of serious FOR FURTHER INFORMATION CONTACT: holders, therefore, there is no recurring injuries and fatalities, for the purposes Dana Gigliotti, 202–366–1290, frequency. of carrying out the HSIP under 23 U.S.C. [email protected], Highway Safety 148. The HSIP is applicable to all public Estimated Average Burden per Specialist, Office of Safety Programs, roads and therefore requires crash Response: Approximately 30 minutes Federal Highway Administration, reporting by law enforcement agencies per application. Department of Transportation, 1200 that have jurisdiction over them. Estimated Total Annual Burden: New New Jersey Avenue SE, Room E71–324, In defining performance measures for applications as industry dictates, there Washington, DC 20590, Monday serious injuries, FHWA requires is no renewal required for 14 CFR part through Friday, except Federal holidays. national reporting by States using a 137 certificate holders, therefore, there SUPPLEMENTARY INFORMATION: uniform definition for national reporting is no recurring burden. Title: Inventory of State Compliance in this performance area, as required by on Serious Injury Reporting Using the MAP–21. An established standard for Issued in Fort Worth, TX, on February 1, defining serious injuries as a result of 2018. Model Minimum Uniform Crash Criteria 4th Edition motor vehicle related crashes has been Barbara L. Hall, Type of Request: New information developed in the 4th edition of the FAA Information Collection Clearance collection requirement. Model Minimum Uniform Crash Criteria Officer, Performance, Policy, and Records (MMUCC). MMUCC represents a Management Branch, ASP–110. Background voluntary and collaborative effort to [FR Doc. 2018–02557 Filed 2–7–18; 8:45 am] The Federal Highway Administration generate uniform crash data that are BILLING CODE 4910–13–P (FHWA) Office of Safety’s mission is to accurate, reliable and credible for data-

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driven highway safety decisions within Public Comments Invited: You are www.regulations.gov. Follow the online a State, between States, and at the asked to comment on any aspect of this instructions for submitting comments. national level. The MMUCC defines a information collection, including: (1) Fax: 1–202–493–2251. serious injury resulting from traffic Whether the proposed collection of Mail: Docket Management Facility, crashes as ‘‘Suspected Serious Injury information is necessary for the U.S. U.S. Department of Transportation, (A)’’ whose attributes are: Any injury, DOT’s performance, including whether West Building Ground Floor, Room other than fatal, which results in one or the information will have practical W12–140, 1200 New Jersey Avenue SE, more of the following: Severe laceration utility; (2) the accuracy of the U.S. Washington, DC 20590. resulting in exposure of underlying DOT’s estimate of the burden of the Hand Delivery or Courier: U.S. tissues, muscle, organs, or resulting in proposed information collection; (3) Department of Transportation, West significant loss of blood; broken or ways to enhance the quality, usefulness, Building Ground Floor, Room W12–140, distorted extremity (arm or leg); crush and clarity of the collected information; 1200 New Jersey Avenue SE, injuries; suspected skull, chest, or and (4) ways that the burden could be Washington, DC 20590, between 9 a.m. abdominal injury other than bruises or minimized, including the use of and 5 p.m. ET, Monday through Friday, minor lacerations; significant burns electronic technology, without reducing except Federal holidays. (second and third degree burns over 10 the quality of the collected information. FOR FURTHER INFORMATION CONTACT: percent or more of the body); The agency will summarize and/or Samantha Lubkin, 202–366–1575, Office unconsciousness when taken from the include your comments in the request of Bridges and Structures, Federal crash scene; or paralysis. for OMB’s clearance of this information Highway Administration, Department of As part of the national requirement to collection. Transportation, 1200 New Jersey report serious injuries using the Avenue SE, Washington, DC 20590, MMUCC 4th Edition definition, the Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; Monday through Friday, except Federal FHWA seeks to determine if States have and 49 CFR 1.48. holidays. adopted the MMUCC 4th edition SUPPLEMENTARY INFORMATION: definition, attribute and coding Issued on August 31, 2017. Title: National Bridge Inspection convention by the required April 15, Michael Howell, 2019 date. Specifically, States will be Information Collection Officer. Program. Background: This collection is considered compliant with the serious Editorial Note: This Document was injury definition requirement if it: necessary to meet legislative Received at the Office of the Federal Register requirements of Title 23 United States Maintains a statewide crash database on February 5, 2018. capable of accurately aggregating the Code section 144, and the Code of [FR Doc. 2018–02525 Filed 2–7–18; 8:45 am] Federal Regulations, 23 Highways Part MMUCC 4th Edition injury status BILLING CODE 4910–22–P attribute for ‘‘Suspected Serious Injury 650, Subpart C—National Bridge (A); Ensures the State crash database, Inspection Standards which require States, Federal Agencies, and Tribal data dictionary and crash report user DEPARTMENT OF TRANSPORTATION manual employs the verbatim Governments to: (1) Perform and report terminology and definitions for the Federal Highway Administration inventory data from routine inspections, fracture critical inspections, and MMUCC 4th Edition injury status [Docket No. FHWA 2018–0005] attribute Suspected Serious Injury (A); underwater inspections as appropriate for all highway bridges on public roads, Ensures the police crash form employs Agency Information Collection and element level inspections for the verbatim MMUCC 4th Edition injury Activities: Notice of Request for highway bridges on the National status attribute for Suspected Serious Renewal of a Previously Approved Highway System; (2) report costs Injury (A); Ensures that the seven Information Collection serious injury types specified in the associated with the replacement of Suspected Serious Injury (A) attribute AGENCY: Federal Highway structurally deficient bridges; and (3) are not included in any of the other Administration (FHWA), DOT. follow up on critical findings. The attributes listed in the States’ injury ACTION: Notice and request for bridge inspection and replacement cost status data elements are MMUCC comments. information that is provided to the compliant. FHWA is on an annual basis. The SUMMARY: The FHWA invites public The purpose of the information critical findings information is comments about our intention to request collection is to assess each States’ periodically provided to the FHWA. The the Office of Management and Budget’s ability to report serious injuries using bridge information is used for multiple (OMB) approval for renewal of a the new Federal definition. This purposes, including: (1) The previously approved information assessment will require consultation determination of the condition of the collection that is summarized below with the State database owner, State law Nation’s bridges which is included in a under SUPPLEMENTARY INFORMATION. We enforcement agency and possibly biennial report to Congress on the Status are required to publish this notice in the county and municipal law enforcement of the Nation’s Bridges; (2) for various Federal Register by the Paperwork agencies that don’t use the State form. additional reports to Congress on Bridge Respondents: State, the District of Reduction Act of 1995. Safety; (3) the data source for executing Columbia, Puerto Rico, tribal and local DATES: Please submit comments by various sections of the Federal-aid traffic records management agencies and April 9, 2018. program which involve highway law enforcement. (75 total). ADDRESSES: You may submit comments bridges; (4) the data source for assessing Frequency: One time collection. identified by DOT Docket ID Number the bridge penalty provisions of Title 23 Estimated Average Burden per FHWA 2018–0005 by any of the United States Code section 119; (5) the Response: It will take approximately 30 following methods: data source for the evaluation of bridge minutes per participant. Website: For access to the docket to performance measures established in Estimated Total Annual Burden read background documents or Title 23 United States Code section 150; Hours: Approximately 37 hours for a comments received, go to the Federal (6) for conducting oversight of the one-time collection. eRulemaking Portal: http:// National Bridge Inspection Program at

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the State, Federal agency, and Tribal DEPARTMENT OF TRANSPORTATION and roads on Federal lands which have level; and (7) for strategic national suffered serious damage as a result of defense needs. Federal Highway Administration natural disasters or catastrophic failures Respondents: 52 State highway [Docket No. FHWA–2018–0006] from an external cause. This program, agencies including the District of commonly referred to as the Emergency Relief or ER program, supplements the Columbia and Puerto Rico, Federal Agency Information Collection commitment of resources by States, Agencies, and Tribal Governments. The Activities: Notice of Request for Extension of Currently Approved their political subdivisions, or other number of inspections per respondent Information Collection Federal agencies to help pay for varies in accordance with the National unusually heavy expenses resulting Bridge Inspection Standards. AGENCY: Federal Highway from extraordinary conditions. The Estimated Average Burden per Administration (FHWA), DOT. applicability of the ER program to a Response: The estimated average burden ACTION: Notice of request for extension natural disaster is based on the extent for each bridge inspection is 8 hours. of currently approved information and intensity of the disaster. Damage to The estimated average burden for each collection. highways must be severe, occur over a element level inspection is 25 minutes. wide area, and result in unusually high SUMMARY: The FHWA invites public expenses to the highway agency. The estimated average burden for each comments about our intention to request cost collection report is 90 hours. The Examples of natural disasters include the Office of Management and Budget’s floods, hurricanes, earthquakes, estimated average burden for follow up (OMB) approval for renewal of an on critical findings is 40 hours. tornadoes, tidal waves, severe storms, existing information collection that is and landslides. Applicability of the ER Estimated Total Annual Burden summarized below under program to a catastrophic failure due to Hours: The annual burden hours SUPPLEMENTARY INFORMATION. We are an external cause is based on the criteria associated with this renewal is required to publish this notice in the that the failure was not the result of an 2,496,990 hours. This estimated figure is Federal Register by the Paperwork inherent flaw in the facility but was based on 307,500 annual instances for Reduction Act of 1995. sudden, caused a disastrous impact on routine, fracture critical, and DATES: Please submit comments by transportation services, and resulted in underwater inspections multiplied by 8 April 9, 2018. unusually high expenses to the highway hours (2,460,000 hours); plus 72,552 ADDRESSES: You may submit comments agency. A bridge suddenly collapsing annual element inspections multiplied identified by DOT Docket ID Number after being struck by a barge is an by 25 minutes (30,230 hours); plus 90 2018–0006 by any of the following example of a catastrophic failure from hours for each cost report multiplied by methods: an external cause. The ER program 52 reports (4,680 hours); plus 40 hours Website: For access to the docket to provides for repair and restoration of for follow up on critical findings read background documents or highway facilities to pre-disaster multiplied by 52 respondents (2,080 comments received go to the Federal conditions. Restoration in kind is hours) for a combined annual burden of eRulemaking Portal: Go to http:// therefore the predominate type of repair 2,496,990 hours. www.regulations.gov. Follow the online expected to be accomplished with ER instructions for submitting comments. funds. Generally, all elements of the Public Comments Invited: You are Fax: 1–202–493–2251. damaged highway within its cross asked to comment on any aspect of this Mail: Docket Management Facility, section are eligible for ER funds. information collection, including: (1) U.S. Department of Transportation, Roadway items that are eligible may Whether the proposed collection of West Building Ground Floor, Room include: pavement, shoulders, slopes information is necessary for the U.S. W12–140, 1200 New Jersey Avenue SE, and embankments, guardrail, signs and DOT’s performance, including whether Washington, DC 20590–0001. traffic control devices, bridges, culverts, the information will have practical Hand Delivery or Courier: U.S. bike and pedestrian paths, fencing, and utility; (2) the accuracy of the U.S. Department of Transportation, West retaining walls. Other eligible items may DOT’s estimate of the burden of the Building Ground Floor, Room W12–140, include: Engineering and right-of-way proposed information collection; (3) 1200 New Jersey Avenue SE, costs, debris removal, transportation ways to enhance the quality, usefulness, Washington, DC 20590, between 9 a.m. system management strategies, and clarity of the collected information; and 5 p.m. ET, Monday through Friday, administrative expenses, and equipment and (4) ways that the burden could be except Federal holidays. rental expenses. This information minimized, including the use of FOR FURTHER INFORMATION CONTACT: Greg collection is needed for the FHWA to electronic technology, without reducing Wolf, 202–366–4655, Department of fulfill its statutory obligations regarding the quality of the collected information. Transportation, Federal Highway funding determinations for ER eligible The agency will summarize and/or Administration, Office of Program damages following a disaster. The include your comments in the request Administration, 1200 New Jersey regulations covering the FHWA ER for OMB’s clearance of this information Avenue SE, Washington, DC 20590, program are contained in 23 CFR part collection. Monday through Friday, except Federal 668. holidays. Respondents: 50 State Transportation Authority: The Paperwork Reduction Act SUPPLEMENTARY INFORMATION: Departments, the District of Columbia, of 1995; 44 U.S.C. Chapter 35, as amended; Puerto Rico, Guam, American Samoa, and 49 CFR 1.48. Title: Emergency Relief Funding Applications. Northern Mariana Islands, and the Issued On: February 2, 2018. OMB Control #: 2125–0525. Virgin Islands. Michael Howell, Background: Congress authorized in Estimated Average Annual Burden: Information Collection Officer. Title 23, United States Code, Section The respondents submit an estimated [FR Doc. 2018–02538 Filed 2–7–18; 8:45 am] 125, a special program from the total of 30 applications each year. Each Highway Trust Fund for the repair or application requires an estimated BILLING CODE 4910–22–P reconstruction of Federal-aid highways average of 250 hours to complete.

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Estimated Total Annual Burden DOT’s estimate of the burden of the for OMB’s clearance of this information Hours: Total estimated average annual proposed information collection; (3) collection. burden is 7,500 hours. ways to enhance the quality, usefulness, Authority: The Paperwork Reduction Act Public Comments Invited: You are and clarity of the collected information; of 1995; 44 U.S.C. Chapter 35, as amended; asked to comment on any aspect of this and (4) ways that the burden could be and 49 CFR 1.48. information collection, including: (1) minimized, including the use of Whether the proposed collection of Issued on: February 2, 2018. electronic technology, without reducing Michael Howell, information is necessary for the U.S. the quality of the collected information. DOT’s performance, including whether Information Collection Officer. The agency will summarize and/or the information will have practical [FR Doc. 2018–02526 Filed 2–7–18; 8:45 am] include your comments in the request utility; (2) the accuracy of the U.S. BILLING CODE 4910–22–P

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