Vol. 82 Wednesday, No. 39 March 1, 2017 Pages 12167–12288

Vol. 82 Wednesday, No. 39 March 1, 2017

Pages 12167–12288

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 82, No. 39

Wednesday, March 1, 2017

Agency for Healthcare Research and Quality See Federal Energy Regulatory Commission NOTICES NOTICES Meetings: Meetings: National Advisory Council for Healthcare Research and Electricity Advisory Committee, 12216–12217 Quality, 12228 Patient Safety Organization Delistings: Energy Information Administration Surgical Momentum PSO, 12228–12229 NOTICES Confidentiality Pledges; Revisions: Agriculture Department Confidential Information Protection and Statistical See Food and Nutrition Service Efficiency Act, 12217–12218 Coast Guard RULES Equal Employment Opportunity Commission Drawbridge Operations: NOTICES Cape Fear River, Wilmington, NC, 12177 Agency Information Collection Activities; Proposals, Safety Zones: Submissions, and Approvals, 12220–12225 Eastport Breakwater Terminal, Eastport, ME, 12177– 12180 Federal Communications Commission PROPOSED RULES RULES Drawbridge Operations: Rates for Interstate Inmate Calling Services, 12182–12183 Connecticut River, East Haddam, CT, 12185–12187 NOTICES Agency Information Collection Activities; Proposals, Commerce Department Submissions, and Approvals, 12225–12226 See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology Federal Deposit Insurance Corporation See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Comptroller of the Currency Submissions, and Approvals, 12274–12276 NOTICES Terminations of Receivership: Agency Information Collection Activities; Proposals, ISN Bank Cherry Hill, NJ, 12227 Submissions, and Approvals, 12274–12276 Allegiance Bank of North America, Bala Cynwyd, PA, 12227 Copyright Office, Library of Congress Creekside Bank Woodstock, GA, 12226–12227 RULES Copyright Office Technical Amendments, 12180 Federal Energy Regulatory Commission Defense Department NOTICES NOTICES Combined Filings, 12218–12220 Environmental Impact Statements; Availability, etc.: Filings: East Campus Integration Program, Fort Meade, MD, Brian Fitzgerald, 12219 12201–12202 Federal Highway Administration Drug Enforcement Administration NOTICES RULES Meetings: Schedules of Controlled Substances: Emergency Route Working Group, 12273–12274 Placement of 10 Synthetic Cathinones Into Schedule I, 12171–12177 Federal Reserve System Education Department NOTICES Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 12274–12276 Agency Information Collection Activities; Proposals, Changes in Bank Control: Submissions, and Approvals Acquisitions of Shares of a Bank or Bank Holding Teacher Incentive Fund Annual Performance Report, Company, 12227 12208 Formations of, Acquisitions by, and Mergers of Bank Applications for New Awards: Holding Companies, 12227–12228 Charter Schools Program Grants to Charter Management Organizations for Replication and Expansion of High- Quality Charter Schools; Correction, 12215–12216 Fish and Wildlife Service Strengthening Institutions Program, 12202–12215 NOTICES Endangered and Threatened Species: Energy Department Availability of Proposed Low-Effect Habitat Conservation See Energy Information Administration Plans, Lake and Volusia, County, FL, 12233–12234

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Food and Drug Administration International Trade Commission RULES NOTICES Medical Devices: Investigations; Determinations, Modifications, and Rulings, Gastroenterology-Urology Devices; Manual etc.: Gastroenterology-Urology Surgical Instruments and Brass Sheet and Strip From France, Germany, Italy, and Accessories, 12171 Japan, 12238–12241 New Animal Drugs: Helical Spring Lock Washers From China and Taiwan, Approval of New Animal Drug Applications; Withdrawal 12241–12242 of Approval of New Animal Drug Application; Silicon Metal From China, 12234–12237 Change of Sponsor; Change of Sponsor’s Name, Welded Stainless Steel Pipe From Korea and Taiwan, 12167–12170 12237–12238 Withdrawal of Approval of New Animal Drug Application, 12170–12171 Justice Department PROPOSED RULES See Drug Enforcement Administration Fruit Juice and Vegetable Juice as Color Additives in Food, NOTICES 12184–12185 Proposed Consent Decrees Under CERCLA, 12242 NOTICES Meetings: Library of Congress Blood Products Advisory Committee, 12229–12230 See Copyright Office, Library of Congress

Food and Nutrition Service Management and Budget Office PROPOSED RULES NOTICES Supplemental Nutrition Assistance Program: Revision of Standards for Maintaining, Collecting, and Student Eligibility, Convicted Felons, Lottery and Presenting Federal Data on Race and Ethnicity: Gambling, and State Verification Provisions of the Proposals From Federal Interagency Working Group, Agricultural Act, 12184 12242–12247 Foreign Assets Control Office National Indian Gaming Commission NOTICES NOTICES Blocking or Unblocking of Persons and Properties, 12276 2017 Preliminary Fee Rate and Fingerprint Fees, 12234 Foreign-Trade Zones Board NOTICES National Institute of Standards and Technology Reorganizations under Alternative Site Framework: NOTICES Foreign-Trade Zone 269, Athens, TX, 12190 Meetings: Information Security and Privacy Advisory Board, 12199 Health and Human Services Department See Agency for Healthcare Research and Quality National Institutes of Health See Food and Drug Administration NOTICES See National Institutes of Health Meetings: See Substance Abuse and Mental Health Services Center for Scientific Review, 12230 Administration National Oceanic and Atmospheric Administration Homeland Security Department PROPOSED RULES See Coast Guard Fisheries of the Caribbean, Gulf of Mexico, and South See U.S. Customs and Border Protection Atlantic: Coastal Migratory Pelagic Resources in Gulf of Mexico Interior Department and Atlantic Region; Framework Amendment 5, See Fish and Wildlife Service 12187–12189 See National Indian Gaming Commission NOTICES Agency Information Collection Activities; Proposals, Internal Revenue Service Submissions, and Approvals: NOTICES Cost-Earnings Survey of Mariana Archipelago Small Boat Agency Information Collection Activities; Proposals, Fleet, 12199–12200 Submissions, and Approvals, 12276–12282 Meetings: Hydrographic Services Review Panel, 12201 International Trade Administration National Charting Plans, 12200–12201 NOTICES Antidumping or Countervailing Duty Investigations, Orders, National Science Foundation or Reviews: NOTICES Certain Oil Country Tubular Goods From Taiwan, 12197 Antarctic Conservation Act Permits, 12247 Stainless Steel Bar From Brazil, 12197–12199 Meetings: Stainless Steel Bar From India, 12190–12192 Faster Administration of Science and Technology Steel Concrete Reinforcing Bar From the Republic of Education and Research Community of Practice, Turkey, 12195–12197 12248 Determinations of Sales at Less Than Fair Value: Large Scale Networking—Joint Engineering Team, 12247 1,1,1,2 Tetrafluoroethane (R-134a) From the People’s Middleware and Grid Interagency Coordination (MAGIC) Republic of China, 12192–12195 Team, 12248

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National Transportation Safety Board Substance Abuse and Mental Health Services NOTICES Administration Meetings; Sunshine Act, 12248 NOTICES HHS-Certified Laboratories and Instrumented Initial Testing Nuclear Regulatory Commission Facilities List: NOTICES Meet Minimum Standards To Engage in Urine Drug Meetings; Sunshine Act, 12248–12249 Testing for Federal Agencies, 12230–12232

Surface Transportation Board Postal Service NOTICES RULES Acquisitions and Operation Exemptions: Electronic Induction (eInduction) Option, 12180–12181 BG and CM Railroad, Inc.; Rail Line of Great Northwest Seamless Acceptance Program, 12181–12182 Railroad, Inc., 12272 Trackage Rights, 12272–12273 Presidential Documents EXECUTIVE ORDERS Transportation Department Government Agencies and Employees: See Federal Highway Administration Regulatory Reform Agenda; Enforcement Procedures (EO 13777), 12283–12287 Treasury Department See Comptroller of the Currency See Foreign Assets Control Office Securities and Exchange Commission See Internal Revenue Service NOTICES Meetings: U.S. Customs and Border Protection Evidence Summit, 12268–12269 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Commercial Gaugers and Laboratories; Accreditations and International Securities Exchange, LLC, 12269–12270 Approvals: NASDAQ BX, Inc., 12249–12251 Inspectorate America Corp., 12232–12233 NASDAQ Stock Market, LLC, 12253 NYSE Arca, Inc., 12253–12268 NYSE MKT, LLC, 12251–12252 Separate Parts In This Issue Part II Social Security Administration Presidential Documents, 12283–12287 NOTICES Rulings: Titles II and XVI—Reopening Based on Error on Face of Reader Aids Evidence—Effect of Decision by Supreme Court of Consult the Reader Aids section at the end of this issue for United States Finding Law That We Applied To Be phone numbers, online resources, finding aids, and notice Unconstitutional, 12270–12272 of recently enacted public laws. To subscribe to the Federal Register Table of Contents State Department electronic mailing list, go to https://public.govdelivery.com/ NOTICES accounts/USGPOOFR/subscriber/new, enter your e-mail Culturally Significant Objects Imported for Exhibition: address, then follow the instructions to join, leave, or Michelangelo: Divine Draftsman and Designer, 12272 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.

3 CFR Executive Orders: 13777...... 12285 7 CFR Proposed Rules: 271...... 12184 272...... 12184 273...... 12184 21 CFR 510 (2 documents) ...... 12167, 12170 516...... 12167 520...... 12167 522 (2 documents) ...... 12167, 12170 529 (2 documents) ...... 12167, 12170 558...... 12167 876...... 12171 1308...... 12171 Proposed Rules: 73...... 12184 33 CFR 117...... 12177 165...... 12177 Proposed Rules: 117...... 12185 37 CFR 204...... 12180 39 CFR 111 (2 documents) ...... 12180, 12181 47 CFR 64...... 12182 50 CFR Proposed Rules: 622...... 12187

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Rules and Regulations Federal Register Vol. 82, No. 39

Wednesday, March 1, 2017

This section of the FEDERAL REGISTER SUMMARY: The Food and Drug for NADAs and ANADAs during contains regulatory documents having general Administration (FDA or we) is November and December 2016, as listed applicability and legal effect, most of which amending the animal drug regulations to in table 1. In addition, FDA is informing are keyed to and codified in the Code of reflect application-related actions for the public of the availability, where Federal Regulations, which is published under new animal drug applications (NADAs) 50 titles pursuant to 44 U.S.C. 1510. applicable, of documentation of and abbreviated new animal drug environmental review required under The Code of Federal Regulations is sold by applications (ANADAs) during the National Environmental Policy Act the Superintendent of Documents. Prices of November and December 2016. FDA is and, for actions requiring review of new books are listed in the first FEDERAL also informing the public of the safety or effectiveness data, summaries REGISTER issue of each week. availability of summaries of the basis of of the basis of approval (FOI approval and of environmental review Summaries) under the Freedom of documents, where applicable. The Information Act (FOIA). These public DEPARTMENT OF HEALTH AND animal drug regulations are also being documents may be seen in the Division HUMAN SERVICES amended to reflect the change of of Dockets Management (HFA–305), sponsorship of an application and a Food and Drug Administration change of a sponsor’s name. Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD DATES: This rule is effective March 1, 20852, between 9 a.m. and 4 p.m., 21 CFR Parts 510, 516, 520, 522, 529, 2017, except for amendments 2.a and and 558 2.c to 21 CFR 510.600, and the Monday through Friday. Persons with amendments to 21 CFR 522.313c and access to the Internet may obtain these [Docket No. FDA–2016–N–0002] 529.1186, which are effective March 13, documents at the CVM FOIA Electronic 2017. Reading Room: http://www.fda.gov/ New Animal Drugs; Approval of New FOR FURTHER INFORMATION CONTACT: AboutFDA/CentersOffices/ Animal Drug Applications; Withdrawal George K. Haibel, Center for Veterinary OfficeofFoods/CVM/ of Approval of a New Animal Drug Medicine (HFV–6), Food and Drug CVMFOIAElectronicReadingRoom/ Application; Change of Sponsor; Administration, 7519 Standish Pl., default.htm. Marketing exclusivity and Change of Sponsor’s Name Rockville, MD 20855, 240–402–5689, patent information may be accessed in [email protected]. FDA’s publication, Approved Animal AGENCY: Food and Drug Administration, SUPPLEMENTARY INFORMATION: Drug Products Online (Green Book) at: HHS. http://www.fda.gov/AnimalVeterinary/ I. Approval Actions Products/ ACTION: Final rule; technical amendment. FDA is amending the animal drug ApprovedAnimalDrugProducts/ regulations to reflect approval actions default.htm.

TABLE 1—ORIGINAL AND SUPPLEMENTAL NADAS AND ANADAS APPROVED DURING NOVEMBER AND DECEMBER 2016

Public Approval date File No. Sponsor Product name Species Effect of the action documents

November 10, 2016 ... 141–474 Elanco US, Inc., ITRAFUNGOL Cats ...... Original approval for the FOI Sum- 2500 Innovation (itraconazole oral treatment of mary. Way, Greenfield, solution). dermatophytosis caused IN 46140. by Microsporum canis in cats. November 16, 2016 ... 141–443 Elanco US Inc., ONSIOR Dogs ...... Supplemental approval for FOI Sum- 2500 Innovation (robenacoxib) In- the control of post- mary. Way, Greenfield, jection. operative pain and inflam- IN 46140. mation associated with soft tissue surgery in dogs by subcutaneous injection; and for the use of oral tablets to complete the dosing regimen of a maximum of 3 days. December 12, 2016 ... 141–452 Zoetis Inc., 333 SIMPARICA Dogs ...... Supplemental approval for FOI Sum- Portage St., (sarolaner) the treatment and control mary. Kalamazoo, MI Chewables. of infestations of Ixodes 49007. scapularis (black-legged tick) in dogs.

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TABLE 1—ORIGINAL AND SUPPLEMENTAL NADAS AND ANADAS APPROVED DURING NOVEMBER AND DECEMBER 2016— Continued

Public Approval date File No. Sponsor Product name Species Effect of the action documents

December 16, 2016 ... 141–473 Huvepharma AD, LINCOMIX (linco- Chickens .. Original approval for use in FOI Sum- 5th Floor, 3A mycin phos- two-way, combination drug mary. Nikolay Haytov phate) plus Type C medicated broiler Str., 1113 So- STENOROL feeds for control of necrot- phia, Bulgaria. (halofuginone ic enteritis and prevention hydrobromide) of coccidiosis in broiler Type C medi- chickens. cated feeds. December 21, 2016 ... 200–589 Med-Pharmex, Inc., FLORCON Swine ...... Original approval of a ge- FOI Sum- 2727 Thompson (florfenicol) 2.3% neric copy of NADA 141– mary. Creek Rd., Po- Concentrate So- 206. mona, CA lution. 91767–1861. December 29, 2016 ... 141–475 VetDC, Inc., 320 E. TANOVEA–CA1 Dogs ...... Conditional approval for the FOI Sum- Vine Dr., Suite (rabacfosadine treatment of lymphoma in mary. 218, Fort Collins, for injection). dogs. CO 80524.

Following the conditional approval of transferred ownership of, and all rights III. Withdrawals of Approval NADA 141–175, VetDC, Inc. will now and interest in, ANADA 200–600 for be included in the list of sponsors of WORMX (pyrantel pamoate) Flavored During November and December approved applications in § 510.600(c) Tablets to Sergeant’s Pet Care Products, 2016, the following sponsors requested (21 CFR 510.600(c)). Inc., 10077 S. 134th St., Omaha, NE that FDA withdraw approval of the NADAs listed in the following table II. Change of Sponsorship 68138. The regulations will be amended to reflect this change of sponsorship. because the products are no longer ECO LLC, 344 Nassau St., Princeton, manufactured or marketed: NJ 08540 has informed FDA that it has

21 CFR File No. Sponsor Product name section

135–773 ...... Baxter Healthcare Corp., One Baxter Pkwy., Deer- AERRANE (isoflurane USP) ...... 529.1186 field, IL 60015. 200–421 ...... Hospira, Inc., 275 North Field Dr., Lake Forest, IL Ceftiofur (ceftiofur sodium) for In- 522.313c 60045. jection.

Elsewhere in this issue of the Federal congressional review requirements in 5 CFR parts 510, 516, 520, 522, 529, and Register, FDA gave notice that approval U.S.C. 801–808. 558 are amended as follows: of NADA 135–773 and ANADA 200– List of Subjects 524, and all supplements and PART 510—NEW ANIMAL DRUGS amendments thereto, is withdrawn, 21 CFR Part 510 effective March 13, 2017. As provided ■ 1. The authority citation for part 510 Administrative practice and in the regulatory text of this document, continues to read as follows: procedure, Animal drugs, Labeling, the animal drug regulations are Authority: 21 U.S.C. 321, 331, 351, 352, Reporting and recordkeeping amended to reflect this voluntary 353, 360b, 371, 379e. requirements. withdrawal of approval. Following this ■ 2. Amend § 510.600 as follows: withdrawal of approval, neither Baxter 21 CFR Part 516 ■ a. Effective March 13, 2017, in the Healthcare Corp. nor Hospira, Inc. is the Administrative practice and table in paragraph (c)(1), remove the sponsor of an approved application. IV. Technical Amendments procedure, Animal drugs, Confidential entries for ‘‘Baxter Healthcare Corp.’’ iVaoes Animal Health, 4300 SW 73rd business information, Reporting and and ‘‘Hospira, Inc.’’; Ave., Suite 110, Miami, FL 33155 has recordkeeping requirements. ■ b. Effective March 1, 2017, in the table informed FDA that it has changed its 21 CFR Parts 520, 522, and 529 in paragraph (c)(1), revise the entry for name to Ivaoes Animal Health. ‘‘iVaoes Animal Health’’ and Accordingly, we are amending § 510.600 Animal drugs. alphabetically add an entry for ‘‘VetDC, (c) to reflect this change of sponsor 21 CFR Part 558 Inc.’’; name. We are also making several ■ c. Effective March 13, 2017, in the technical amendments to improve the Animal drugs, Animal feeds. table in paragraph (c)(2), remove the accuracy of the regulations. Therefore, under the Federal Food, entries for ‘‘000409’’ and ‘‘010019’’; and This rule does not meet the definition Drug, and Cosmetic Act and under ■ d. Effective March 1, 2017, in the table of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because authority delegated to the Commissioner in paragraph (c)(2), revise the entry for it is a rule of ‘‘particular applicability.’’ of Food and Drugs and redelegated to ‘‘086064’’ and numerically add an entry Therefore, it is not subject to the the Center for Veterinary Medicine, 21 for ‘‘086072’’.

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The revisions and additions read as § 510.600 Names, addresses, and drug (c) * * * follows: labeler codes of sponsors of approved applications. (1) * * * * * * * *

Drug labeler Firm name and address code

******* Ivaoes Animal Health, 4300 SW 73rd Ave., Suite 110, Miami, FL 33155 ...... 086064

******* VetDC, Inc., 320 E. Vine Dr., Suite 218, Fort Collins, CO 80524 ...... 086072

*******

(2) * * *

Drug labeler code Firm name and address

******* 086064 ...... Ivaoes Animal Health, 4300 SW 73rd Ave., Suite 110, Miami, FL 33155.

******* 086072 ...... VetDC, Inc., 320 E Vine Dr., Suite 218, Fort Collins, CO 80524.

*******

PART 516—NEW ANIMAL DRUGS FOR § 520.370 [Amended] ■ 10. In § 520.2086, revise paragraph MINOR USE AND MINOR SPECIES ■ 6. In § 520.370, in paragraph (c)(2), (c)(2) to read as follows: remove ‘‘(group G, -hemolytic)’’ and in § 520.2086 Sarolaner. ■ 3. The authority citation for part 516 its place add ‘‘(group G, beta- continues to read as follows: hemolytic)’’. * * * * * (c) * * * Authority: 360ccc, 360ccc–2, 371. ■ 7. In § 520.955, revise paragraph (b) to read as follows: (2) Indications for use. Kills adult ■ 4. Add § 516.2065 to read as follows: fleas, and for the treatment and § 520.955 Florfenicol. prevention of flea infestations § 516.2065 Rabacfosadine. * * * * * (Ctenocephalides felis), and the (a) Specifications. Each vial of powder (b) Sponsors. See Nos. 000061, treatment and control of tick contains 16.4 milligrams (mg) 054925, and 058198 in § 510.600(c) of infestations [Amblyomma americanum rabacfosadine. Each milliliter of this chapter. (lone star tick), Amblyomma maculatum constituted solution contains 8.2 mg * * * * * (Gulf Coast tick), Dermacentor variabilis rabacfosadine. ■ 8. Add § 520.1189 to read as follows: (American dog tick), Ixodes scapularis (black-legged tick), and Rhipicephalus (b) Sponsor. See No. 086072 in § 520.1189 Itraconazole. sanguineus (brown dog tick)] for 1 § 510.600(c) of this chapter. (a) Specifications. Each milliliter (mL) month in dogs 6 months of age or older (c) Conditions of use in dogs—(1) of solution contains 10 milligrams (mg) and weighing 2.8 pounds or greater. Amount. Administer rabacfosadine at 1 of itraconazole. * * * * * mg/kilogram body weight as a 30- (b) Sponsor. See No. 058198 in minute intravenous infusion, once every § 510.600(c) of this chapter. § 520.2325b [Amended] 3 weeks, for up to 5 doses. (c) Conditions of use—(1) Amount. ■ 11. In § 520.2325b, in paragraph (b), Administer 5 mg/kilogram (kg) (0.5 mL/ (2) Indications for use. For the remove ‘‘050749’’ and in its place add kg) of body weight once daily on treatment of lymphoma in dogs. ‘‘016592’’. (3) Limitations. Federal law restricts alternating weeks for 3 treatment cycles. (2) Indications for use. For the this drug to use by or on the order of PART 522—IMPLANTATION OR treatment of dermatophytosis caused by a licensed veterinarian. It is a violation INJECTABLE DOSAGE FORM NEW Microsporum canis in cats. ANIMAL DRUGS of Federal law to use this product other (3) Limitations. Federal law restricts than as directed in the labeling. this drug to use by or on the order of ■ 12. The authority citation for part 522 PART 520—ORAL DOSAGE FORM a licensed veterinarian. continues to read as follows: NEW ANIMAL DRUGS § 520.2041 [Amended] Authority: 21 U.S.C. 360b. ■ 9. In § 520.2041, in paragraph (b), § 522.313c [Amended] ■ 5. The authority citation for part 520 remove ‘‘017135, 051311, and 066916’’ continues to read as follows: and in its place add ‘‘066916, 017135, ■ 13. Effective March 13, 2017, in Authority: 21 U.S.C. 360b. and 051311’’. § 522.313c, in paragraph (b), remove

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‘‘000409, 054771, and 068330’’ and in dogs at least 4 months of age for a Authority: 21 U.S.C. 360b. its place add ‘‘054771 and 068330’’. maximum of 3 days. (iii) Limitations. Federal law restricts § 529.1186 [Amended] ■ 14. In § 522.2075, revise paragraph (c) this drug to use by or on the order of to read as follows: ■ 16. Effective March 13, 2017, in a licensed veterinarian. § 529.1186, in paragraph (b), remove (2) Cats—(i) Amount. Administer 0.91 § 522.2075 Robenacoxib. ‘‘010019,’’. mg per pound (2 mg/kg) by * * * * * subcutaneous injection, once daily, for a PART 558—NEW ANIMAL DRUGS FOR (c) Conditions of use—(1) Dogs—(i) maximum of 3 days. USE IN ANIMAL FEEDS Amount. Administer 0.91 mg per pound (ii) Indications for use. For the control (2 mg/kilogram (kg)) by subcutaneous of postoperative pain and inflammation ■ injection, once daily, for a maximum of associated with orthopedic surgery, 17. The authority citation for part 558 3 days. After the initial subcutaneous ovariohysterectomy, and castration in continues to read as follows: dose, subsequent doses can be given by cats at least 4 months of age for a Authority: 21 U.S.C. 354, 360b, 360ccc, subcutaneous injection or as the oral maximum of 3 days. 360ccc–1, 371. tablet in dogs weighing at least 5.5 (iii) Limitations. Federal law restricts pounds (2.5 kg) and at least 4 months of this drug to use by or on the order of ■ 18. In § 558.325, revise paragraph age, for a maximum of 3 total doses over a licensed veterinarian. (e)(1)(ii) to read as follows: 3 days, not to exceed 1 dose per day. § 558.325 Lincomycin. See § 520.2075(c)(1) of this chapter. PART 529—CERTAIN OTHER DOSAGE FORM NEW ANIMAL DRUGS * * * * * (ii) Indications for use. For the control of postoperative pain and inflammation ■ 15. The authority citation for part 529 (e) * * * associated with soft tissue surgery in continues to read as follows: (1) * * *

Lincomycin Combination grams/ton in grams/ton Indications for use Limitations Sponsor

******* (ii) 2 ...... Halofuginone 2.72 Broiler chickens: For the control of ne- Feed continuously as sole ration. With- 016592 crotic enteritis caused or complicated draw 4 days before slaughter. Do not by Clostridium spp. or other orga- feed to laying chickens or waterfowl. nisms susceptible to lincomycin; and Halofuginone hydrobromide as pro- the prevention of coccidiosis caused vided by No. 016592 in § 510.600 of by Eimeria tenella, E. necatrix, E. this chapter. acervulina, E. brunetti, E. mivati, and E. maxima.

* * * * * DEPARTMENT OF HEALTH AND new animal drug application (ANADA) Dated: February 23, 2017. HUMAN SERVICES at the sponsors’ requests because the products are no longer manufactured or Leslie Kux, Food and Drug Administration marketed. Associate Commissioner for Policy. DATES: Withdrawal of approval is [FR Doc. 2017–03930 Filed 2–28–17; 8:45 am] 21 CFR Parts 510, 522, and 529 effective March 13, 2017. BILLING CODE 4164–01–P [Docket No. FDA–2017–N–0002] FOR FURTHER INFORMATION CONTACT: Sujaya Dessai, Center for Veterinary New Animal Drugs; Withdrawal of Medicine (HFV–212), Food and Drug Approval of a New Animal Drug Administration, 7519 Standish Pl., Application Rockville, MD 20855, 240–402– AGENCY: Food and Drug Administration, 5761,[email protected]. HHS. SUPPLEMENTARY INFORMATION: The ACTION: Notification of withdrawal. sponsors of the following applications have requested that FDA withdraw SUMMARY: The Food and Drug approval of the NADA and ANADA Administration (FDA) is withdrawing listed in the following table because the approval of a new animal drug products are no longer manufactured or application (NADA) and an abbreviated marketed:

21 CFR File No. Sponsor Product name section

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Therefore, under authority delegated SUPPLEMENTARY INFORMATION: FDA is of Food and Drugs, 21 CFR part 876 is to the Commissioner of Food and Drugs amending § 876.4730 (21 CFR 876.4730, amended as follows: and redelegated to the Center for Manual gastroenterology-urology Veterinary Medicine, and in accordance surgical instrument and accessories), by PART 876—GASTROENTEROLOGY- with § 514.116 Notice of withdrawal of adding language to the identification of UROLOGY DEVICES the device to reflect that specialized approval of application (21 CFR ■ 514.116), notice is given that approval surgical instrumentation for use with 1. The authority citation for part 876 of NADA 135–773 and ANADA 200– urogynecologic surgical mesh is no continues to read as follows: 421, and all supplements and longer regulated under § 876.4730. Authority: 21 U.S.C. 351, 360, 360c, 360e, amendments thereto, is hereby In the Federal Register of November 360j, 360l, 371. withdrawn, effective March 13, 2017. 23, 1983 (48 FR 53012), FDA issued a ■ 2. Amend § 876.4730 by revising Elsewhere in this issue of the Federal final rule classifying manual paragraph (a) to read as follows: Register, FDA is amending the animal gastroenterology-urology surgical drug regulations to reflect the voluntary instrument and accessories into class I § 876.4730 Manual gastroenterology- withdrawal of approval of these under § 876.4730 (48 FR 53012 at urology surgical instrument and applications. 53025). Certain specialized surgical accessories. instrumentation for use with (a) Identification. A manual Dated: February 23, 2017. urogynecologic surgical mesh was gastroenterology-urology surgical Leslie Kux, regulated as class I devices under that instrument and accessories is a device Associate Commissioner for Policy. regulation. In the Federal Register of designed to be used for [FR Doc. 2017–03931 Filed 2–28–17; 8:45 am] January 6, 2017 (82 FR 1598), FDA gastroenterological and urological BILLING CODE 4164–01–P issued a final order reclassifying surgical procedures. The device may be specialized surgical instrumentation for nonpowered, hand-held, or hand- use with urogynecologic surgical mesh manipulated. Manual gastroenterology- DEPARTMENT OF HEALTH AND from class I (general controls) exempt urology surgical instruments include the HUMAN SERVICES from premarket notification to class II biopsy forceps cover, biopsy tray (special controls) and subject to without biopsy instruments, line clamp, Food and Drug Administration premarket notification. As a result of nonpowered rectal probe, nonelectrical that final reclassification order, FDA is clamp, colostomy spur-crushers, locking 21 CFR Part 876 amending the identification at device for intestinal clamp, needle [Docket No. FDA–2016–N–4661] § 876.4730(a) to reflect that specialized holder, gastro-urology hook, gastro- surgical instrumentation for use with urology probe and director, nonself- Gastroenterology-Urology Devices; urogynecologic surgical mesh is now retaining retractor, laparotomy rings, Manual Gastroenterology-Urology regulated under 21 CFR 884.4910. nonelectrical snare, rectal specula, Surgical Instruments and Accessories FDA finds good cause for issuing this bladder neck spreader, self-retaining amendment as a final rule without AGENCY: Food and Drug Administration, retractor, and scoop. A manual surgical notice and comment because this rule HHS. instrument that is intended specifically only updates the identification of the for use as an aid in the insertion, ACTION: Final rule; technical device under § 876.4730 to reflect amendment. placement, fixation, or anchoring of changes made in the recently issued surgical mesh during urogynecologic SUMMARY: The Food and Drug final reclassification order for procedures are classified under Administration (FDA) is amending the specialized surgical instrumentation for § 884.4910 of this chapter. use with urogynecologic surgical mesh identification of manual * * * * * gastroenterology-urology surgical (5 U.S.C. 553(b)(B)). In addition, FDA Dated: February 23, 2017. instruments and accessories to reflect finds good cause for this amendment to that the device does not include become effective on the date of Leslie Kux, specialized surgical instrumentation for publication of this action. The Associate Commissioner for Policy. use with urogyencologic surgical mesh Administrative Procedure Act allows an [FR Doc. 2017–03997 Filed 2–28–17; 8:45 am] specifically intended for use as an aid effective date less than 30 days after BILLING CODE 4164–01–P in the insertion, placement, fixation, or publication as ‘‘provided by the agency anchoring of surgical mesh during for good cause found and published urogynecologic procedures with the rule’’ (5 U.S.C. 553(d)(3)). A DEPARTMENT OF JUSTICE (‘‘specialized surgical instrumentation delayed effective date is unnecessary in for use with urogynecologic surgical this case because the amendment to Drug Enforcement Administration mesh’’). These amendments are being § 876.4730 does not impose any new made to reflect changes made in the regulatory requirements on affected 21 CFR Part 1308 parties. As a result, affected parties do recently issued final reclassification not need time to prepare before the rule [Docket No. DEA–436] order for specialized surgical takes effect. Therefore, FDA finds good instrumentation for use with Schedules of Controlled Substances: cause for this amendment to become urogynecologic surgical mesh. Placement of 10 Synthetic Cathinones effective on the date of publication of Into Schedule I DATES: This rule is effective March 1, this action. 2017. AGENCY: List of Subjects in 21 CFR Part 876 Drug Enforcement FOR FURTHER INFORMATION CONTACT: Administration, Department of Justice. Gastroenterology-urology devices, Sharon Andrews, Center for Devices and ACTION: Final rule. Radiological Health, 10903 New Medical devices. Hampshire Ave., Bldg. 66, Rm. G110, Therefore, under the Federal Food, SUMMARY: With the issuance of this final Silver Spring, MD 20993, 301–796– Drug, and Cosmetic Act and under rule, the Drug Enforcement 6529, [email protected]. authority delegated to the Commissioner Administration places 10 synthetic

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cathinones: 4-methyl-N-ethylcathinone controlled substances and listed a-PVP, butylone, pentedrone, (4-MEC); 4-methyl-alpha- chemicals into the illicit market while pentylone, 4-FMC, 3-FMC, naphyrone, pyrrolidinopropiophenone (4-MePPP); ensuring an adequate supply is available or a-PBP. alpha-pyrrolidinopentiophenone (a- for the legitimate medical, scientific, Background PVP); 1-(1,3-benzodioxol-5-yl)-2- research, and industrial needs of the (methylamino)butan-1-one (butylone, United States. Controlled substances On January 28, 2014, the DEA bk-MBDB e); 2-(methylamino)-1- have the potential for abuse and published a notice of intent to phenylpentan-1-one (pentedrone); 1- dependence and are controlled to temporarily place 4-methyl-N- (1,3-benzodioxol-5-yl)-2- protect the public health and safety. ethylcathinone (4-MEC); 4-methyl- (methylamino)pentan-1-one (pentylone, Under the CSA, each controlled alpha-pyrrolidinopropiophenone (4- bk-MBDP); 4-fluoro-N-methylcathinone substance is classified into one of five MePPP); alpha- (4-FMC, flephedrone); 3-fluoro-N- schedules based upon its potential for pyrrolidinopentiophenone (a-PVP); 1- methylcathinone (3-FMC); 1- abuse, its currently accepted medical (1,3-benzodioxol-5-yl)-2- (naphthalen-2-yl)-2-(pyrrolidin-1- use in treatment in the United States, (methylamino)butan-1-one (butylone); yl)pentan-1-one (naphyrone); alpha- and the degree of dependence the 2-(methylamino)-1-phenylpentan-1-one pyrrolidinobutiophenone (a-PBP) and substance may cause. 21 U.S.C. 812. The (pentedrone); 1-(1,3-benzodioxol-5-yl)- their optical, positional, and geometric initial schedules of controlled 2-(methylamino)pentan-1-one isomers, salts and salts of isomers, substances established by Congress are (pentylone); 4-fluoro-N- whenever the existence of such salts, found at 21 U.S.C. 812(c), and the methylcathinone (4-FMC); 3-fluoro-N- isomers, and salts of isomers is possible, current list of scheduled substances is methylcathinone (3-FMC); 1- into schedule I of the Controlled published at 21 CFR part 1308. (naphthalen-2-yl)-2-(pyrrolidin-1- Substances Act. This scheduling action Pursuant to 21 U.S.C. 811(a)(1), the yl)pentan-1-one (naphyrone); and alpha- is pursuant to the Controlled Substances Attorney General may, by rule, ‘‘add to pyrrolidinobutiophenone (a-PBP) into Act which requires that such actions be such a schedule or transfer between schedule I pursuant to the temporary made on the record after opportunity for such schedules any drug or other scheduling provisions of the CSA. 79 FR a hearing through formal rulemaking. substance if he * * * finds that such 4429. On March 7, 2014, the DEA This rule continues the imposition of drug or other substance has a potential published a final order amending 21 the regulatory controls and for abuse, and * * * makes with respect CFR 1308.11(h) to temporarily place administrative, civil, and criminal to such drug or other substance the these 10 synthetic cathinones into schedule I of the CSA. 79 FR 12938. sanctions applicable to schedule I findings prescribed by subsection (b) of That final order, effective on the date of controlled substances on persons who section 812 of this title for the schedule publication, was based on findings by handle (manufacture, distribute, reverse in which such drug is to be placed * * *.’’ The Attorney General has the DEA that the temporary scheduling distribute, import, export, engage in delegated scheduling authority under 21 of these 10 synthetic cathinones was research, conduct instructional U.S.C. 811 to the Administrator of the necessary to avoid an imminent hazard activities or chemical analysis, or DEA. 28 CFR 0.100. to the public safety pursuant to 21 possess), or propose to handle 4-MEC, 4- The CSA provides that proceedings U.S.C. 811(h)(1). Section 201(h)(2) of the MePPP, a-PVP, butylone, pentedrone, for the issuance, amendment, or repeal CSA requires that the temporary control pentylone, 4-FMC, 3-FMC, naphyrone, of the scheduling of any drug or other of these substances expires two years or a-PBP. substance may be initiated by the from the issuance date of the scheduling DATES: Effective date: March 1, 2017. Attorney General (1) on his own motion; order, or on or before March 6, 2016. 21 FOR FURTHER INFORMATION CONTACT: (2) at the request of the Secretary of the U.S.C. 811(h)(2). However, the CSA also Michael J. Lewis, Diversion Control Department of Health and Human provides that the temporary scheduling Division, Drug Enforcement Services (HHS); 1 or (3) on the petition may be extended for up to one year Administration; Mailing Address: 8701 of any interested party. 21 U.S.C. 811(a). during the pendency of proceedings Morrissette Drive, Springfield, Virginia This action was initiated on the under 21 U.S.C. 811(a)(1). Id. 22152; Telephone: (202) 598–6812. Attorney General’s own motion, as Accordingly, on March 4, 2016, the DEA SUPPLEMENTARY INFORMATION: delegated to the Administrator of the extended the temporary scheduling of 4- DEA, and is supported by, inter alia, a MEC, 4-MePPP, a-PVP, butylone, Legal Authority recommendation from the Assistant pentedrone, pentylone, 4-FMC, 3-FMC, The Drug Enforcement Secretary for Health of the HHS and an naphyrone, and a-PBP by one year, until Administration (DEA) implements and evaluation of all relevant data by the March 3, 2017. 81 FR 11429. Also, on enforces titles II and III of the DEA. This action continues the March 4, 2016, the DEA published a Comprehensive Drug Abuse Prevention imposition of the regulatory controls notice of proposed rulemaking (NPRM) and Control Act of 1970, as amended. 21 and administrative, civil, and criminal to permanently control 4-MEC, 4- U.S.C. 801–971. Titles II and III are sanctions of schedule I controlled MePPP, a-PVP, butylone, pentedrone, referred to as the ‘‘Controlled substances on any person who handles pentylone, 4-FMC, 3-FMC, naphyrone, Substances Act’’ and the ‘‘Controlled or proposes to handle 4-MEC, 4-MePPP, and a-PBP in schedule I of the CSA. 81 Substances Import and Export Act,’’ FR 11479. Specifically, the DEA respectively, and are collectively 1 As set forth in a memorandum of understanding proposed to add these 10 synthetic referred to as the ‘‘Controlled entered into by the Food and Drug Administration cathinones to 21 CFR 1308.11(d), Substances Act’’ or the ‘‘CSA’’ for the (FDA) and the National Institute on Drug Abuse hallucinogenic substances. purposes of this action. The DEA (NIDA), the FDA acts as the lead agency within the Department of Health and Human Services (HHS) DEA and HHS Eight Factor Analyses publishes the implementing regulations in carrying out the Secretary’s scheduling for these statutes in title 21 of the Code responsibilities under the CSA, with the By letter dated March 2, 2016, the of Federal Regulations (CFR), chapter II. concurrence of NIDA. 50 FR 9518, Mar. 8, 1985. HHS provided the DEA with a scientific The Secretary of the HHS has delegated to the The CSA and its implementing Assistant Secretary for Health of the HHS the and medical evaluation document regulations are designed to prevent, authority to make domestic drug scheduling prepared by the FDA entitled ‘‘Basis for detect, and eliminate the diversion of recommendations. 58 FR 35460, July 1, 1993. the Recommendation to Control 4-

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methyl-N-ethylcathinone (4-MEC), 4- regulations on or before April 4, 2016. legitimate medical use, safety and methyl-pyrrolidinopropiophenone (4- No requests for such a hearing were dependence liability, the Assistant MePPP), alpha- received by the DEA. The NPRM also Secretary of the HHS recommended that pyrrolidinopentiophenone (a-PVP), 1- provided an opportunity for interested 4-MEC, 4-MePPP, a-PVP, butylone, (1,3-benzodioxol-5-yl)-2- persons to submit written comments on pentedrone, pentylone, 4-FMC, 3-FMC, (methylamino)butan-1-one (butylone), the proposal on or before April 4, 2016. naphyrone, a-PBP and their salts be controlled in schedule I of the CSA. The 2-(methylamino)-1-phenylpentan-1-one Comments Received (pentedrone), 1-(1,3-benzodioxol-5-yl)- recommendations of the HHS to the 2-(methylamino)pentan-1-one The DEA received two comments on DEA are binding on the DEA as to the (pentylone), 4-fluoro-N- the proposed rule to control 4-MEC, 4- scientific and medical matters. The DEA methylcathinone (4-FMC), 3-fluoro-N- MePPP, a-PVP, butylone, pentedrone, reviewed HHS’s scientific and medical methylcathinone (3-FMC), 1- pentylone, 4-FMC, 3-FMC, naphyrone, evaluations and all other relevant data (naphthalen-2-yl)-2-(pyrrolidin-1- and a-PBP in schedule I of the CSA. on these substances and concurs with yl)pentan-1-one (naphyrone), alpha- Both commenters were in opposition to the HHS evaluations and findings. The pyrrolidinobutiophenone (a-PBP) and the proposed scheduling of 4-MEC, 4- current scientific, medical and other their Salts in Schedule I of the MePPP, a-PVP, butylone, pentedrone, evidence on 4-MEC, 4-MePPP, a-PVP, Controlled Substances Act (CSA).’’ After pentylone, 4-FMC, 3-FMC, naphyrone, butylone, pentedrone, pentylone, 4- considering the eight factors in 21 and a-PBP in schedule I of the CSA, but FMC, 3-FMC, naphyrone, and a-PBP U.S.C. 811(c), including consideration the reasons for the opposition were warrant control of these substances and of each substance’s abuse potential, different. The first commenter their optical, positional, and geometric legitimate medical use, and dependence associated the scheduling of these isomers, salts and salts of isomers in liability, the Assistant Secretary of the substances with the ‘‘War on Drugs,’’ schedule I of the CSA. HHS recommended that 4-MEC, 4- which according to the commenter ‘‘has While the DEA appreciates the MePPP, a-PVP, butylone, pentedrone, proven to be ineffective in past years in commenter’s suggestions regarding the pentylone, 4-FMC, 3-FMC, naphyrone, reducing the number of drug abuse problems related to drug abuse, some of a-PBP, and their salts be controlled in victims in the United States.’’ The the suggested alternative solutions are schedule I of the CSA. In response, the second commenter questioned the outside the scope of the current DEA conducted its own eightfactor findings considered by the DEA to scheduling action which pursuant to 21 a analysis of 4-MEC, 4-MePPP, a-PVP, control 4-MEC, 4-MePPP, -PVP, U.S.C. 811 and 812 is to add drugs into butylone, pentedrone, pentylone, 4- butylone, pentedrone, pentylone, 4- one of the five schedules, remove drugs FMC, 3-FMC, naphyrone, and a-PBP. FMC, 3-FMC, naphyrone, and a-PBP. from the schedules, or transfer drugs Both commenters offered alternative Both the DEA and HHS analyses are within the schedules based on the methods to address problems related to available in their entirety, under the tab drug’s potential for abuse, medicinal drug abuse instead of scheduling the 10 ‘‘Supporting Documents’’ of the public value, harmfulness, and psychological synthetic cathinones in schedule I of the docket of this action at http:// or physical dependence. However, CSA. www.regulations.gov, under FDMS please note that in addition to law Opposition from First Commenter. enforcement operations to reduce the Docket ID: DEA–2016–0004 (Docket No. The first commenter stated that he DEA–436).2 supply of illicit controlled drugs, the understood the DEA’s reasons for DEA also recommends and supports Determination To Schedule 4-MEC, 4- proposing to schedule 4-MEC, 4-MePPP, non-enforcement programs such as the MePPP, a-PVP, Butylone, Pentedrone, a-PVP, butylone, pentedrone, DEA 360 and the DEA Demand Pentylone, 4-FMC, 3-FMC, Naphyrone, pentylone, 4-FMC, 3-FMC, naphyrone, Reduction Section programs. The DEA and a-PBP and a-PBP in schedule I of the CSA, but 360 strategy involves community still opposed the control of these After a review of the available data, outreach activities such as the substances because, according to the dissemination of drug information to including the scientific and medical commenter, it would neither reduce the evaluations and the scheduling increase the public’s awareness about number of drug users nor stop the the dangers associated with drug use. recommendations from the HHS, the production of illegal drugs. The DEA published an NPRM entitled The DEA’s Community Outreach and commenter suggested that the DEA Prevention Support Section supports ‘‘Schedules of Controlled Substances: consider harm reduction solutions such initiatives to reduce the demand for Placement of 10 Synthetic Cathinones as establishing drug clinics, finding jobs drugs and gives assistance to into Schedule I,’’ proposing to control 4- for prior offenders, and offering community coalitions and drug MEC, 4-MePPP, a-PVP, butylone, treatment and health care for drug users prevention initiatives. pentedrone, pentylone, 4-FMC, 3-FMC, to address problems related to drug Some of the alternative methods naphyrone, a-PBP, and their optical, abuse. suggested by the commenter to address positional and geometric isomers, salts DEA Response: Substances are the problems related to drug abuse that and salts of isomers in schedule I of the controlled to protect the public health are outside of the scope of the DEA are, CSA. 81 FR 11479, Mar. 4, 2016. The and safety. Pursuant to 21 U.S.C. 811(a), in fact, part of the initiatives of other proposed rule provided an opportunity the CSA authorizes the DEA, under federal institutions. For example, the for interested persons to file a request authority delegated by the Attorney Office of National Drug Control Policy for hearing in accordance with the DEA General, to control any drug or other (ONDCP), a component of the Executive substance if it is found that the drug or Office of the President of the United 2 Although the published notice of proposed rulemaking stated that the DEA 8-factor analysis other substance has a potential for States that coordinates drug-control had been placed into the docket on http:// abuse, and makes with respect to such activities and related funding across the www.regulations.gov, DEA discovered in preparing drug or other substance the findings Federal government including the DEA, this final rule that it had in fact not been posted. prescribed by 21 U.S.C. 812(b). After incorporates community-based However, this document was available for review at the DEA. The DEA posted the cited analysis to considering the eight factors in 21 prevention programs, policies and http://www.regulations.gov upon discovery of the U.S.C. 811(c), including consideration systems to divert non-violent drug omission. of each substance’s abuse potential, offenders into treatment instead of jail,

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outreach programs as well as other drug to controlling these 10 synthetic studies indicate that the abuse potential control policies in its long term plans to cathinones, this commenter suggested and pharmacological effects of the 10 reduce drug use and its consequences. ‘‘placing restrictions on who can sell synthetic cathinones are similar to those Opposition from Second Commenter. products with these compounds in of certain schedule I and II substances. The second commenter also opposed them, and a restriction of the quantity Preclinical studies indicated that the 10 the control of 4-MEC, 4-MePPP, a-PVP, that can be sold to any individual,’’ and synthetic cathinones, like cocaine butylone, pentedrone, pentylone, 4- allowing States to regulate these (schedule II), methamphetamine FMC, 3-FMC, naphyrone, and a-PBP in substances. (schedule II), methcathinone (schedule schedule I of the CSA, but for different DEA Response: Pursuant to 21 U.S.C. I), and MDMA (schedule I) have reasons than the first commenter. The 811, the DEA considered the eight pharmacological effects at monoamine second commenter maintained that the factors enumerated in 21 U.S.C. 811(c), transporters. Furthermore, behavioral three arguments the DEA relied on in its the scientific and medical evaluations effects of the 10 synthetic cathinones in proposed rule for the scheduling of the and scheduling recommendations from animals were found to be similar to 10 synthetic cathinones: (1) ‘‘no medical the HHS, and all other available data those of schedule I and II substances or scientific use for these drugs;’’ (2) before making the required findings which have a high potential for abuse. ‘‘there is a distinct public safety concern under 21 U.S.C. 812 to place these drugs In humans, the 10 synthetic cathinones allowing these drugs to be sold;’’ and (3) into schedule I of the CSA. The DEA are expected to produce subjective ‘‘the use of this drug poses health does not consider these finding to be responses similar to methamphetamine concerns to those who use it,’’ were illogical and based on faulty premises or and cocaine based on drug illogical and based on faulty premises or speculative data. The summary of each discrimination studies in rodents. speculative data. The commenter also factor as analyzed by the HHS and the Accordingly, published case reports stated that the number of reported cases DEA, and as considered by the DEA in demonstrate that some of the 10 (or law enforcement drug reports) this scheduling action, was provided in synthetic cathinones produce involving these substances, especially if the proposed rule. The information in pharmacological effects including considered over the defined five year these factors is from legitimate sources adverse effects that are characteristic of period (i.e., January 2010 through such as peer reviewed publications, substances like MDMA, methamphetamine, and cocaine that December 2015), along with the national statistics (e.g., seizure numbers, have a stimulant effect. However, there population of the United States, is surveys), law enforcement is no currently accepted medical use in ‘‘miniscule’’ which indicates that these communications, medical examiner treatment in the United States for any of substances do not pose a large public reports, etc. the 10 synthetic cathinones. There are safety concern. For example, the As of March 7, 2014, the date the final reports of emergency room admissions commenter provided information that order to temporarily place the 10 and deaths associated with the abuse of estimated the U.S. population for 2015 synthetic cathinones into schedule I of synthetic cathinones in general. to be 320 million, and considered this the CSA was published and became Regarding the 10 synthetic cathinones, with the 20,090 total reported cases for effective, all persons handling the 10 synthetic cathinones were subject to the butylone, a-PVP, pentedrone, and all ten substances, as well as the 84 pentylone have been implicated in the reported cases for naphyrone alone, over regulatory controls and administrative, civil, and criminal sanctions applicable deaths of individuals. Consequently, the the defined five year period. abuse of the 10 synthetic cathinones Extrapolating this data further, the to schedule I controlled substances. Based on a review of the DEA’s records, presents the possibility of death and commenter estimated 4,018 reported potential safety hazards to the health of cases annually for all ten substances each of the 43 registrations that have been identified to handle any of the 10 individuals. (i.e., 20,090 divided by 5 = 4,018), Law enforcement data indicate that potentially impacting 0.000013 percent synthetic cathinones also handle other schedule I controlled substances. They the 10 synthetic cathinones are being of the U.S. population (4,018 divided by abused. Since 2010, law enforcement 320 million = 0.000013 percent), and 17 have already established and implemented the systems and processes encounters of the 10 synthetic reported cases annually for naphyrone cathinones have increased and have alone (84 divided by 5 = 17). required to handle any of the 10 synthetic cathinones. Any additional been encountered in nearly every State Furthermore, the commenter stated that (47 States as of December 2015). there is no toxicology, efficacy, or safety cost to handle the one or more of the 10 synthetic cathinones is estimated to be Regardless of the number of encounters data on these 10 synthetic cathinones in of these 10 synthetic cathinones, minimal. Both the DEA and the HHS human beings indicating that these evidence indicates that the abuse of the analyses have been made available in substances actually cause harm. The 10 synthetic cathinones is widespread. their entirety under ‘‘Supporting commenter also expressed concern that Thus, taking into consideration the Documents’’ section of the public the proposed scheduling of the 10 harm that these substances can cause as docket for this rule at http:// synthetic cathinones would prohibit or demonstrated in case reports and other www.regulations.gov, under FDMS significantly restrict the use of these related information, the DEA believes Docket ID: DEA–2016–0004 (Docket No. substances in scientific and medical that there is potential for widespread DEA–436).3 research, and that schedule I placement harm to the public health. would put barriers in place for As detailed in the HHS and DEA The DEA also considered all other clinicians or researchers who might be analyses and the HHS recommendation, relevant data including public interested in investigating the potential comments regarding the proposed 3 Although the published notice of proposed benefits of these substances in patients. rulemaking stated that the DEA 8-factor analysis scheduling before controlling these In addition, this commenter believed had been placed into the docket on http:// drugs. After careful consideration of that the proposed rule was unduly www.regulations.gov, DEA discovered in preparing preclinical studies, case reports, law burdensome, leading to increased this final rule that it had in fact not been posted. enforcement data and all other relevant However, this document was available for review at regulation and costs with ‘‘little, if no the DEA. The DEA posted the cited analysis to data and in accordance with 21 U.S.C. impact’’ on deterring abuse of these 10 http://www.regulations.gov upon discovery of the 811(a) and (b) and considering the synthetic cathinones. As an alternative omission. factors enumerated in 21 U.S.C. 811(c),

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the DEA finds that the 10 synthetic also outlines the findings required to research, conducting instructional cathinones have a high potential for place a drug or other substance in any activities or chemical analysis, or abuse, have no currently accepted particular schedule. 21 U.S.C. 812(b). possession of schedule I controlled medical use in treatment in the United After consideration of the analysis and substances, including those listed States, and lack accepted safety for use recommendation of the Assistant below. These controls will continue on under medical supervision, thus Secretary for the HHS and review of all a permanent basis: supporting their placement in schedule other available data, the Administrator 1. Registration. Any person who handles I of the CSA. of the DEA, pursuant to 21 U.S.C. 811(a) (manufactures, distributes, reverse The DEA does not agree that and 21 U.S.C. 812(b)(1), finds that: distributes, imports, exports, engages in placement of these substances in (1) 4-MEC, 4-MePPP, a-PVP, butylone, research, conducts instructional activities or schedule I of the CSA precludes pentedrone, pentylone, 4-FMC, 3-FMC, chemical analysis with, or possesses) 4-MEC, scientific research from being conducted naphyrone, and a-PBP each have a high 4-MePPP, a-PVP, butylone, pentedrone, using these substances. Persons potential for abuse that is comparable to pentylone, 4-FMC, 3-FMC, naphyrone, or a- interested in using any of the 10 other schedule I and schedule II substances PBP, or who desires to handle 4-MEC, 4- synthetic cathinones for research such as mephedrone, methylone, MDPV, MePPP, a-PVP, butylone, pentedrone, methcathinone, MDMA, methamphetamine, pentylone, 4-FMC, 3-FMC, naphyrone, or a- purposes can do so provided that they PBP must be registered with the DEA to have a DEA schedule I researcher and cocaine; (2) 4-MEC, 4-MePPP, a-PVP, butylone, conduct such activities pursuant to 21 U.S.C. registration and meet all other statutory pentedrone, pentylone, 4-FMC, 3-FMC, 822, 823, 957, and 958, and in accordance and regulatory criteria. This registration naphyrone, and a-PBP have no currently with 21 CFR parts 1301 and 1312. can be obtained by submitting an accepted medical use in treatment in the 2. Security. 4-MEC, 4-MePPP, a-PVP, application for schedule I registration in United States; and butylone, pentedrone, pentylone, 4-FMC, 3- accordance with 21 CFR 1301.11, (3) There is a lack of accepted safety for use FMC, naphyrone, and a-PBP are subject to 1301.13, 1301.18 and 1301.32. of 4-MEC, 4-MePPP, a-PVP, butylone, schedule I security requirements and must be As for the commenter’s suggestion to pentedrone, pentylone, 4-FMC, 3-FMC, handled and stored pursuant to 21 U.S.C. 821 allow States to regulate these naphyrone, and a-PBP under medical and 823, and in accordance with 21 CFR supervision. 1301.71–1301.93. substances, the DEA has no statutory 3. Labeling and Packaging. All labels, authority under the CSA to require Based on these findings, the labeling, and packaging for commercial states to regulate these substances. With Administrator of the DEA concludes containers of 4-MEC, 4-MePPP, a-PVP, regard to the suggestion by the that 4-methyl-N-ethylcathinone (4- butylone, pentedrone, pentylone, 4-FMC, 3- commenter to place ‘‘restrictions on MEC); 4-methyl-alpha- FMC, naphyrone, or a-PBP must be in who can sell products with these pyrrolidinopropiophenone (4-MePPP); compliance with 21 U.S.C. 825 and 958(e), compounds in them, and a restriction alpha-pyrrolidinopentiophenone (a- and be in accordance with 21 CFR part 1302. on the quantity that can be sold to any PVP); 1-(1,3-benzodioxol-5-yl)-2- 4. Quota. Only registered manufacturers are permitted to manufacture 4-MEC, 4- individual,’’ the CSA and its (methylamino)butan-1-one (butylone); 2-(methylamino)-1-phenylpentan-1-one MePPP, a-PVP, butylone, pentedrone, implementing regulations do provide pentylone, 4-FMC, 3-FMC, naphyrone, or a- regulatory controls and administrative (pentedrone); 1-(1,3-benzodioxol-5-yl)- PBP in accordance with a quota assigned sanctions applicable to schedule I 2-(methylamino)pentan-1-one pursuant to 21 U.S.C. 826, and in accordance substances such as controls on persons (pentylone); 4-fluoro-N- with 21 CFR part 1303. who handle (manufacture, distribute, methylcathinone (4-FMC); 3-fluoro-N- 5. Inventory. Every DEA registrant required reverse distribute, import, export, methylcathinone (3-FMC); 1- to keep records and who possesses any engage in research, conduct (naphthalen-2-yl)-2-(pyrrolidin-1- quantity of 4-MEC, 4-MePPP, a-PVP, instructional activities or chemical yl)pentan-1-one (naphyrone); alpha- butylone, pentedrone, pentylone, 4-FMC, 3- pyrrolidinobutiophenone (a-PBP) and FMC, naphyrone, and/or a-PBP is required to analysis, or possess) schedule I maintain inventory of all stocks of 4-MEC, 4- substances. their optical, positional, and geometric isomers, salts and salts of isomers, MePPP, a-PVP, butylone, pentedrone, Scheduling Conclusion pentylone, 4-FMC, 3-FMC, naphyrone, and a- whenever the existence of salts, isomers, PBP on hand, pursuant to 21 U.S.C. 827 and After consideration of the relevant and salts of isomers is possible, warrant 958, and in accordance with 21 CFR 1304.03, matter presented as a result of public control in schedule I of the CSA. 21 1304.04, and 1304.11. comment, the scientific and medical U.S.C. 812(b)(1). 6. Records and Reports. Every DEA evaluations and accompanying Requirements for Handling 4-MEC, 4- registrant must maintain records and submit recommendations of the HHS, and the reports pursuant to 21 U.S.C. 827 and 958, MePPP, a-PVP, butylone, pentedrone, and in accordance with 21 CFR parts 1304 DEA’s consideration of its own eight- pentylone, 4-FMC, 3-FMC, naphyrone, factor analysis, the DEA finds that these and 1317. Manufacturers and distributors and a-PBP must submit reports regarding 4-MEC, 4- facts and all other relevant data MePPP, a-PVP, butylone, pentedrone, constitute substantial evidence of 4-MEC, 4-MePPP, a-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, pentylone, 4-FMC, 3-FMC, naphyrone, and/ potential for abuse of 4-MEC, 4-MePPP, a naphyrone, and a-PBP are currently or -PBP to the Automation of Reports and a-PVP, butylone, pentedrone, Consolidated Orders System (ARCOS) pentylone, 4-FMC, 3-FMC, naphyrone, scheduled on a temporary basis in pursuant to 21 U.S.C. 827 and in accordance 4 and a-PBP. As such, the DEA is schedule I and are therefore currently with 21 CFR 1304.33. permanently scheduling 4-MEC, 4- subject to the regulatory controls and 8. Order Forms. Every DEA registrant who MePPP, a-PVP, butylone, pentedrone, administrative, civil, and criminal distributes 4-MEC, 4-MePPP, a-PVP, pentylone, 4-FMC, 3-FMC, naphyrone, sanctions applicable to the manufacture, butylone, pentedrone, pentylone, 4-FMC, 3- FMC, naphyrone, or a-PBP must continue to and a-PBP as controlled substances distribution, reverse distribution, importation, exportation, engaging in comply with the order form requirements, under the CSA. pursuant to 21 U.S.C. 828, and 21 CFR part 1305. Determination of Appropriate Schedule 4 4-MEC, 4-MePPP, a-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, and a-PBP 9. Importation and Exportation. All The CSA establishes five schedules of are currently subject to schedule I controls on a importation and exportation of 4-MEC, 4- controlled substances known as temporary basis, pursuant to 21 U.S.C. 811(h). 79 MePPP, a-PVP, butylone, pentedrone, schedules I, II, III, IV, and V. The CSA FR 12938, Mar. 7, 2014. pentylone, 4-FMC, 3-FMC, naphyrone, and a-

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PBP must continue to be in compliance with Regulatory Flexibility Act butylone, pentedrone, pentylone, 4- 21 U.S.C. 952, 953, 957, and 958, and in The Administrator, in accordance FMC, 3-FMC, naphyrone, or a-PBP. accordance with 21 CFR part 1312. with the Regulatory Flexibility Act Therefore, the DEA anticipates that this 10. Liability. Any activity involving 4-MEC, (RFA), 5 U.S.C. 601–602, has reviewed rule will impose minimal or no 4-MePPP, a-PVP, butylone, pentedrone, this final rule and by approving it, economic impact on any affected pentylone, 4-FMC, 3-FMC, naphyrone, or a- entities; and thus, will not have a PBP not authorized by, or in violation of, the certifies that it will not have a significant economic impact on a significant economic impact on any of CSA or its implementing regulations is the 11 affected small entities. unlawful, and may subject the person to substantial number of small entities. On March 7, 2014, the DEA published a Accordingly, the DEA has concluded administrative, civil, and/or criminal that this rule will not have a significant sanctions. final order amending 21 CFR 1308.11(h) to temporarily place these ten synthetic economic impact on a substantial Regulatory Analyses cathinones into schedule I of the CSA number of small entities. Executive Orders 12866 and 13563, pursuant to the temporary scheduling Unfunded Mandates Reform Act of 1995 Regulatory Planning and Review, and provisions of 21 U.S.C. 811(h). 79 FR 12938. On March 4, 2016, the DEA In accordance with the Unfunded Improving Regulation and Regulatory Mandates Reform Act (UMRA) of 1995, Review published a final order extending the temporary placement of these 2 U.S.C. 1501 et seq., the DEA has In accordance with 21 U.S.C. 811(a), substances in schedule I of the CSA for determined and certifies that this action this final scheduling action is subject to up to one year pursuant to 21 U.S.C. would not result in any Federal formal rulemaking procedures done ‘‘on 811(h)(2). 81 FR 11429. The DEA mandate that may result ‘‘in the the record after opportunity for a estimates that all entities handling or expenditure by State, local, and tribal hearing,’’ which are conducted pursuant planning to handle 4-MEC, 4-MePPP, a- governments, in the aggregate, or by the to the provisions of 5 U.S.C. 556 and PVP, butylone, pentedrone, pentylone, private sector, of $100,000,000 or more 557. The CSA sets forth the criteria for 4-FMC, 3-FMC, naphyrone, or a-PBP are (adjusted for inflation) in any one year scheduling a drug or other substance. currently registered to handle these * * *.’’ Therefore, neither a Small Such actions are exempt from review by substances. There are currently 43 Government Agency Plan nor any other the Office of Management and Budget registrants authorized to handle 4-MEC, action is required under UMRA of 1995. (OMB) pursuant to section 3(d)(1) of 4-MePPP, a-PVP, butylone, pentedrone, Paperwork Reduction Act of 1995 Executive Order 12866 and the pentylone, 4-FMC, 3-FMC, naphyrone, principles reaffirmed in Executive Order or a-PBP, as well as a number of This action does not impose a new 13563. registered analytical labs that are collection of information under the authorized to handle schedule I Paperwork Reduction Act of 1995. 44 Executive Order 12988, Civil Justice controlled substances generally.5 These U.S.C. 3501–3521. This action would Reform 43 registrants represent 31 entities, of not impose recordkeeping or reporting requirements on State or local This regulation meets the applicable which 11 are small entities based on governments, individuals, businesses, or standards set forth in sections 3(a) and RFA definition of ‘‘small entity’’ and organizations. An agency may not 3(b)(2) of Executive Order 12988 to Small Business Administration size conduct or sponsor, and a person is not eliminate drafting errors and ambiguity, standards. Therefore, the DEA estimates required to respond to, a collection of minimize litigation, provide a clear legal that 11 small entities are affected by this information unless it displays a standard for affected conduct, and rule. currently valid OMB control number. promote simplification and burden A review of the 43 registrants reduction. indicates that all entities that currently Congressional Review Act handle 4-MEC, 4-MePPP, a-PVP, Executive Order 13132, Federalism butylone, pentedrone, pentylone, 4- This rule is not a major rule as FMC, 3-FMC, naphyrone, or a-PBP also defined by section 804 of the Small This rulemaking does not have handle other schedule I controlled Business Regulatory Enforcement federalism implications warranting the substances, and have established and Fairness Act of 1996 (Congressional application of Executive Order 13132. implemented (or currently maintain) the Review Act (CRA)). This rule will not The rule does not have substantial systems and processes required to result in: ‘‘an annual effect on the direct effects on the States, on the handle 4-MEC, 4-MePPP, a-PVP, economy of $100,000,000 or more; a relationship between the national major increase in costs or prices for government and the States, or the 5 While analytical labs are required to obtain a consumers, individual industries, distribution of power and registration for schedule I controlled substances, in Federal, State, or local government responsibilities among the various order to handle any of the 10 synthetic cathinones, agencies, or geographic regions; or levels of government. analytical labs are not required to identify the substances on their registration. Therefore, while significant adverse effects on Executive Order 13175, Consultation every analytical lab that is authorized to handle competition, employment, investment, and Coordination With Indian Tribal schedule I controlled substances may handle any of productivity, innovation, or on the the 10 synthetic cathinones, the DEA does not have ability of U.S.-based companies to Governments a basis by which to estimate the number of analytical labs that actually handle the 10 synthetic compete with foreign based companies This rule does not have tribal cathinones. Since an analytical lab registered to in domestic and export markets.’’ implications warranting the application handle schedule I controlled substances may However, pursuant to the CRA, the DEA manufacture or obtain any of the 10 synthetic has submitted a copy of this final rule of Executive Order 13175. It does not cathinones without any modification to the have substantial direct effects on one or analytical lab’s registration, the DEA believes to both Houses of Congress and to the more Indian tribes, on the relationship analytical labs’ inventories of these substances are Comptroller General. between the Federal Government and not significant and will have minimal impact on existing schedule I controlled substance storage List of Subjects in 21 CFR Part 1308 Indian tribes, or on the distribution of space. Therefore, for the purposes of this analysis, power and responsibilities between the the DEA assumes that no analytical lab is affected Administrative practice and Federal Government and Indian tribes. by this rule. procedure, Drug traffic control,

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Reporting and recordkeeping Authority: 21 U.S.C. 811, 812, 871(b), ■ d. Remove reserved paragraphs (h)(20) requirements. unless otherwise noted. through (22). For the reasons set out above, 21 CFR ■ 2. In § 1308.11: The additions read as follows: part 1308 is amended as follows: ■ a. Add paragraphs (d)(59) through § 1308.11 Schedule I. PART 1308—SCHEDULES OF (68); ■ * * * * * CONTROLLED SUBSTANCES b. Remove paragraphs (h)(1) through (10); (d) * * * ■ 1. The authority citation for 21 CFR ■ c. Redesignate paragraphs (h)(11) part 1308 continues to read as follows: through (19) as (h)(1) through (9); and

(59) 4-methyl-N-ethylcathinone (4-MEC) ...... (1249) (60) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP) ...... (7498) (61) alpha-pyrrolidinopentiophenone (a-PVP) ...... (7545) (62) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone, bk-MBDB) ...... (7541) (63) 2-(methylamino)-1-phenylpentan-1-one (pentedrone) ...... (1246) (64) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone, bk-MBDP) ...... (7542) (65) 4-fluoro-N-methylcathinone (4-FMC; flephedrone) ...... (1238) (66) 3-fluoro-N-methylcathinone (3-FMC) ...... (1233) (67) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one (naphyrone) ...... (1258) (68) alpha-pyrrolidinobutiophenone (a-PBP) ...... (7546)

* * * * * deviation, call or email Mr. Mickey through the bridge in the closed Dated: February 22, 2017. Sanders, Bridge Administration Branch position. The Coast Guard will also Chuck Rosenberg, Fifth District, Coast Guard; telephone inform the users of the waterways (757) 398–6587, email through our Local and Broadcast Notice Acting Administrator. [email protected]. to Mariners of the change in operating [FR Doc. 2017–03974 Filed 2–28–17; 8:45 am] SUPPLEMENTARY INFORMATION: The North schedule for the bridge so that vessel BILLING CODE 4410–09–P Carolina Department of Transportation, operators can arrange their transits to owner and operator of the Cape Fear minimize any impact caused by this Memorial Bridge that carries US 17 temporary deviation. DEPARTMENT OF HOMELAND across the Cape Fear River, mile 26.8, at In accordance with 33 CFR 117.35(e), SECURITY Wilmington, NC, has requested a the drawbridge must return to its regular temporary deviation from the current operating schedule immediately at the Coast Guard operating schedule to accommodate a end of this effective period of this routine biennial maintenance and temporary deviation. This deviation 33 CFR Part 117 inspection of the vertical lift span for from the operating regulations is [Docket No. USCG–2017–0055] the drawbridge. The bridge has a authorized under 33 CFR 117.35. vertical clearance of 65 feet above mean Dated: February 23, 2017. Drawbridge Operation Regulation; high water (MHW) in the closed Hal R. Pitts, Cape Fear River, Wilmington, NC position and 135 feet above MHW in the open position. Bridge Program Manager, Fifth Coast Guard AGENCY: Coast Guard, DHS. The current operating schedule is set District. ACTION: Notice of deviation from out in 33 CFR 117.822. Under this [FR Doc. 2017–03987 Filed 2–28–17; 8:45 am] drawbridge regulation. temporary deviation, the bridge will be BILLING CODE 9110–04–P SUMMARY: The Coast Guard has issued a maintained in the closed-to-navigation temporary deviation from the operating position for two separate four (4) day periods from 9 a.m. until 4 p.m. from DEPARTMENT OF HOMELAND schedule that governs the Cape Fear SECURITY Memorial Bridge which carries US 17 March 7, 2017, through March 10, 2017, across the Cape Fear River, mile 26.8, at and from 9 a.m. until 4 p.m. from March Coast Guard Wilmington, NC. The deviation is 14, 2017, through March 17, 2017. necessary to facilitate routine biennial During the closure periods, the bridge 33 CFR Part 165 maintenance and inspection of the lift will open on signal if at least 3 hours span for the bridge. This deviation notice is given. The bridge will open on [USCG–2014–1037] allows the bridge to remain in the signal at all other times. The Cape Fear River is used by a RIN 1625–AA00 closed-to-navigation position. variety of vessels including small DATES: This deviation is effective from Safety Zone: Eastport Breakwater commercial vessels, recreational vessels Terminal, Eastport, Maine 9 a.m. on March 7, 2017, through 4 p.m. and tug and barge traffic. The Coast on March 17, 2017. Guard has carefully considered the AGENCY: Coast Guard, DHS. ADDRESSES: The docket for this nature and volume of vessel traffic on ACTION: Temporary final rule; change in deviation, [USCG–2017–0055] is the waterway in publishing this effective period. available at http://www.regulations.gov. temporary deviation. Type the docket number in the Vessels able to pass through the SUMMARY: The Coast Guard is extending ‘‘SEARCH’’ box and click ‘‘SEARCH’’. bridge in the closed position may do so the effective period of a safety zone in Click on Open Docket Folder on the line if at least 15 minutes notice is given. the vicinity of the Eastport Breakwater associated with this deviation. The bridge will not be able to open for Terminal, Eastport, Maine. This safety FOR FURTHER INFORMATION CONTACT: If emergencies and there is no immediate zone was established on January 9, 2015 you have questions on this temporary alternate route for vessels unable to pass (80 FR 1344). This rule will extend the

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effective period of the existing to the public interest.’’ Under 5 U.S.C. Guard is extending the effective period temporary final rule from January 30, 553(b)(B), the Coast Guard finds that of the safety zone in the vicinity of the 2017 until October 1, 2017. This rule good cause exists for not publishing a Eastport Breakwater Terminal to will continue to restrict vessels from NPRM with respect to this rule because October 1, 2017. approaching within 100 yards of the publishing an NPRM would be IV. Discussion of Rule eastern face of the Eastport Breakwater impracticable and contrary to the public Terminal without authorization from interest. The construction company was For the reasons discussed above, the the Captain of the Port (COTP) Sector late in requesting an extension of the COTP is extending the period of a Northern New England. This safety zone safety zone beyond the original temporary safety zone in Eastport continues to be necessary due to the construction completion date of January Harbor, ME. The safety zone will be ongoing repairs to the breakwater 30, 2017. As a result, the delay inherent bound inside an area within 4 points following a partial collapse of the in the NPRM process is contrary to the along the breakwater at 44°54′26″ N., structure on December 4, 2014. public interest and impracticable, as 066°59′00″ W., 44°54′25″ N., 066°58′54″ immediate action is needed to extend W., 44°54′19″ N., 066°58′55″ W., DATES: This rule is effective without ° ′ ″ ° ′ ″ actual notice from March 1, 2017 until this safety zone in order to protect ports, 44 54 19 N., 066 59 01 W. No vessel October 1, 2017. For the purposes of waterways, and the maritime public. may enter, transit, moor, or anchor enforcement, actual notice will be used We are issuing this rule, and under 5 within this safety zone unless from the date the rule was signed, U.S.C. 553(d)(3), the Coast Guard finds authorized by the COTP or designated that good cause exists for making this January 17, 2017, until March 1, 2017. representative. rule effective less than 30 days after The COTP will cause public ADDRESSES: To view documents publication in the Federal Register for notifications to be made by all mentioned in this preamble as being the reasons discussed above. For the appropriate means including but not available in the docket, go to http:// same reasons discussed in the preceding limited to Broadcast Notice to Mariners. www.regulations.gov, type USCG–2014– paragraph, the Coast Guard finds that 1037 in the ‘‘SEARCH’’ box and click waiting 30 days to make this rule V. Regulatory Analyses ‘‘SEARCH.’’ Click on Open Docket effective would be impracticable and We developed this rule after Folder on the line associated with this contrary to the public interest. considering numerous statutes and rule. Executive orders related to rulemaking. III. Legal Authority and Need for Rule FOR FURTHER INFORMATION CONTACT: If Below we summarize our analyses you have questions on this rule, call or The legal basis for the temporary rule based on a number of these statutes and email MSTC Chris Bains at Sector is 33 U.S.C. 1231. On December 4, 2014, Executive orders, and we discuss First Northern New England; telephone (207) the southwest portion of the Eastport Amendment rights of protestors. 347–5003, email Chris.D.Bains@ Breakwater Terminal collapsed into the A. Regulatory Planning and Review uscg.mil. protected harbor shoreward of the Breakwater in Eastport, Maine. The Executive Orders 12866 and 13563 SUPPLEMENTARY INFORMATION: catastrophic collapse resulted in several direct agencies to assess the costs and I. Table of Abbreviations vessels being damaged or destroyed, and benefits of available regulatory left the remaining breakwater structure alternatives and, if regulation is CFR Code of Federal Regulations COTP Captain of the Port at risk of further collapse. This safety necessary, to select regulatory DHS Department of Homeland Security zone was established based on the approaches that maximize net benefits. NPRM Notice of Proposed Rulemaking analysis of an independent engineering Executive Order 13563 emphasizes the TFR Temporary Final Rule firm that determined the remaining importance of quantifying both costs U.S.C. United States Code portion of the breakwater did not have and benefits, of reducing costs, of USCG United States Coast Guard the required lateral strength, nor was it harmonizing rules, and of promoting designed to hold the weight of the forces II. Background Information and flexibility. This rule has not been thrust upon it. As a result, the Regulatory History designated a ‘‘significant regulatory remaining portion of the breakwater action,’’ under Executive Order 12866. On January 9, 2015 we published a could have collapsed without warning. Accordingly, it has not been reviewed TFR entitled ‘‘Safety Zone: Eastport The COTP determined that a safety zone by the Office of Management and Breakwater Terminal, Eastport, Maine’’ was necessary to protect the public from Budget. in the Federal Register (80 FR 1344). the safety hazards created by this The Coast Guard determined that this The effective period for this rule was emergency and the construction of a rule is not a significant regulatory action from December 12, 2014 until on replacement breakwater. for the following reasons: The safety January 30, 2017. The Coast Guard is In January 2015, contractors began zone will be relatively short in duration now extending the effective period of working of the construction of a and it covers only a small portion of the the safety zone in the vicinity of the replacement breakwater. The COTP has navigable waterways. Vessels may Eastport Breakwater Terminal, Eastport, determined that potential hazards transit the navigable waterway outside Maine until October 1, 2017. associated with emergency repairs to the of the safety zone. Moreover, vessels The Coast Guard is issuing this breakwater continue to be a safety desiring entry into the safety zone may temporary rule without prior notice and concern. Construction of the be authorized to do so by the COTP or opportunity to comment pursuant to replacement breakwater was originally designated representative. Advanced authority under section 4(a) of the scheduled to be completed by January public notifications will also be made to Administrative Procedure Act (APA) (5 30, 2017. Significant delays in the local maritime community by U.S.C. 553(b)). This provision construction have resulted in an Broadcast Notice to Mariners. authorizes an agency to issue a rule anticipated completion date in August without prior notice and opportunity to 2017. To ensure the continued B. Impact on Small Entities comment when the agency for good protection of personnel, vessels, and the The Regulatory Flexibility Act of cause finds that those procedures are marine environment in the navigable 1980, 5 U.S.C. 601–612, as amended, ‘‘impracticable, unnecessary, or contrary waters within the safety zone, the Coast requires Federal agencies to consider

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the potential impact of regulations on principles and preemption requirements message can be received without small entities during rulemaking. The described in Executive Order 13132. jeopardizing the safety or security of term ‘‘small entities’’ comprises small Also, this rule does not have tribal people, places, or vessels. businesses, not-for-profit organizations implications under Executive Order List of Subjects in 33 CFR Part 165 that are independently owned and 13175, Consultation and Coordination operated and are not dominant in their with Indian Tribal Governments, Harbors, Marine safety, Navigation fields, and governmental jurisdictions because it does not have a substantial (water), Reporting and recordkeeping with populations of less than 50,000. direct effect on one or more Indian requirements, Security measures, The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the Waterways. 605(b) that this rule will not have a Federal Government and Indian tribes, For the reasons discussed in the significant economic impact on a or on the distribution of power and preamble, the Coast Guard amends 33 substantial number of small entities. responsibilities between the Federal CFR part 165 as follows: While some owners or operators of Government and Indian tribes. If you vessels intending to transit the safety believe this rule has implications for PART 165—REGULATED NAVIGATION zone may be small entities, for the federalism or Indian tribes, please AREAS AND LIMITED ACCESS AREAS reasons stated in section V. A above, contact the person listed in the FOR this rule will not have a significant FURTHER INFORMATION CONTACT section ■ 1. The authority citation for part 165 economic impact on any vessel owner above. continues to read as follows: or operator. E. Unfunded Mandates Reform Act Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Under section 213(a) of the Small 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Business Regulatory Enforcement The Unfunded Mandates Reform Act Department of Homeland Security Delegation Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires No. 0170.1. we want to assist small entities in Federal agencies to assess the effects of ■ understanding this rule. If the rule their discretionary regulatory actions. In 2. Add § 165.T01–1037 to read as would affect your small business, particular, the Act addresses actions follows: organization, or governmental that may result in the expenditure by a § 165.T01–1037 Safety Zone: Eastport jurisdiction and you have questions State, local, or tribal government, in the Breakwater Terminal, Eastport, Maine. concerning its provisions or options for aggregate, or by the private sector of (a) Location. The following area is a compliance, please contact the person $100,000,000 (adjusted for inflation) or safety zone: All navigable waters, from listed in the FOR FURTHER INFORMATION more in any one year. Though this rule surface to bottom, within the following CONTACT section. will not result in such an expenditure, position(s) 44°54′26″ N., 066°59′00″ W., Small businesses may send comments we do discuss the effects of this rule 44°54′25″ N., 066°58′54″ W., 44°54′19″ on the actions of Federal employees elsewhere in this preamble. N., 066°58′55″ W., 44°54′19″ N., who enforce, or otherwise determine F. Environment 066°59′01″ W., (NAD). Friar Roads, compliance with, Federal regulations to We have analyzed this rule under Eastport, Maine. All positions are the Small Business and Agriculture approximate. Regulatory Enforcement Ombudsman Department of Homeland Security Management Directive 023–01 and (b) Effective Period. This rule is and the Regional Small Business effective and enforced from 3:00 p.m. on Regulatory Fairness Boards. The Commandant Instruction M16475.lD, which guide the Coast Guard in January 30, 2017 to 11:59 p.m. October Ombudsman evaluates these actions 1, 2017. annually and rates each agency’s complying with the National (c) Notification. Coast Guard Sector responsiveness to small business. If you Environmental Policy Act of 1969 (42 Northern New England will give actual wish to comment on actions by U.S.C. 4321–4370f), and have notice to mariners for the purpose of employees of the Coast Guard, call 1– determined that this action is one of a enforcement of this temporary safety 888–REG–FAIR (1–888–734–3247). The category of actions that do not zone. Also, Sector Northern New Coast Guard will not retaliate against individually or cumulatively have a England will notify the public to the small entities that question or complain significant effect on the human greatest extent possible of any period in about this rule or any policy or action environment. This rule involves the which the Coast Guard will suspend of the Coast Guard. extension of the effective period of a safety zone for ten months. It is enforcement of this safety zone. C. Collection of Information categorically excluded from further (d) Regulations. (1) The general This rule will not call for a new review under paragraph 34(g) of Figure regulations contained in 33 CFR 165.23 collection of information under the 2–1 of the Commandant Instruction. An apply. Paperwork Reduction Act of 1995 (44 environmental analysis checklist (2) In accordance with the general U.S.C. 3501–3520). supporting this determination and a regulations in § 165.23 of this part, entry Categorical Exclusion Determination are into or movement within this zone is D. Federalism and Indian Tribal available in the docket where indicated prohibited unless authorized by the Governments under ADDRESSES. We seek any Captain of the Port or his designated A rule has implications for federalism comments or information that may lead representatives. under Executive Order 13132, to the discovery of a significant (3) The ‘‘designated representative’’ is Federalism, if it has a substantial direct environmental impact from this rule. any Coast Guard commissioned, effect on the States, on the relationship warrant, or petty officer who has been between the national government and G. Protest Activities designated by the Captain of the Port to the States, or on the distribution of The Coast Guard respects the First act on his behalf. The designated power and responsibilities among the Amendment rights of protesters. representative may be on board a Coast various levels of government. We have Protesters are asked to contact the Guard vessel, or on board a federal, analyzed this rule under that Order and person listed in the FOR FURTHER state, or local agency vessel that is have determined that it is consistent INFORMATION CONTACT section to authorized to act in support of the Coast with the fundamental federalism coordinate protest activities so that your Guard.

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(4) Upon being hailed by a U.S. Coast 2017) (‘‘Technical Amendments Final Comments on Proposed Changes and Guard vessel or his designated Rule’’). In that final rule, the Office USPS Response representatives by siren, radio, flashing made amendments to § 204.7 of its light or other means, the operator of the regulations. The amendments to § 204.7 The Postal Service received 1 formal vessel shall proceed as directed. in the Technical Amendments Final response on the proposed general (5) Vessel operators desiring to enter Rule were based on an earlier version of language for the eInduction Option or operate within this safety zone shall the section, and did not take into proposal. The responder was seeking contact the Captain of the Port or his account the section as rewritten by the additional information on a related designated representatives via VHF PII Final Rule. The PII Final Rule is technical guide to the programming channel 16 to obtain permission to do scheduled to go into effect on March 6, intricacies for qualifying for the so. 2017 and the Technical Amendments eInduction option. Since the general Dated: January 17, 2017. Final Rule goes into effect on March 8, language for the DMM does not include M.A. Baroody, 2017. nor will it incorporate technical guidance, the comments are not relevant Captain, U.S. Coast Guard, Captain of the Thus, the Copyright Office is Port, Northern New England. withdrawing the revisions to 37 CFR to this Final Rule. The commentary was shared with the appropriate postal [FR Doc. 2017–03985 Filed 2–28–17; 8:45 am] 204.7. The other revisions in the personnel for response. BILLING CODE 9110–04–P Technical Amendments Final Rule are not affected and will become effective Summary of Changes To Be on March 8, 2017, as provided in the Implemented LIBRARY OF CONGRESS final rule. Dated: February 16, 2017. The Electronic Induction ® U.S. Copyright Office Karyn Temple Claggett, (eInduction ) option is a process that Acting Register of Copyrights and Director streamlines the preparation and 37 CFR Part 204 of the U.S. Copyright Office. induction (how and where the mail physically enters the Postal Service [Docket No. 2016–5] Approved by: mailstream) of drop shipments and Carla D. Hayden, Copyright Office Technical expedited plant load mailings. Librarian of Congress. Amendments eInduction links scans of Intelligent Accordingly, amendatory instruction Mail container barcodes (IMcb) to the AGENCY: U.S. Copyright Office, Library 55 in the final rule published in the electronic documentation (eDoc) of Congress. Federal Register on February 6, 2017, at information, allowing the Postal Service ACTION: Partial withdrawal of final rule. 82 FR 9364, is withdrawn as of March to verify that postage was paid prior to accepting a mailer shipped container. SUMMARY: This document withdraws a 1, 2017. eInduction eliminates the need for portion of the final rule that would [FR Doc. 2017–03946 Filed 2–28–17; 8:45 am] paper PS Forms 8125, 8125–CD, 8017, revise the Office’s Privacy Act BILLING CODE 1410–30–P regulations, because that section will and manual reconciliation at the entry have already been amended in a facility. Correct postage payment is separate document by the time this rule verified both at the entry facility and is effective. POSTAL SERVICE during post-induction processing in PostalOne!. DATES: Effective March 1, 2017, the 39 CFR Part 111 Copyright Office withdraws the Mailers who would like to use the eInduction option must meet eligibility amendments to 37 CFR 204.7 published Electronic Induction (eInduction®) requirements and request authorization at 82 FR 9364, on February 6, 2017. Option FOR FURTHER INFORMATION CONTACT: by contacting the Facility Access ® Sarang V. Damle, General Counsel and AGENCY: Postal ServiceTM. Shipping Tracking (FAST ) Helpdesk. Business Mailer Support will provide Associate Register of Copyrights, sdam@ ACTION: Final rule. loc.gov; Regan A. Smith, Deputy General final authorization. Additional Counsel, [email protected]; or Erik Bertin, SUMMARY: The Postal Service will revise information, including information Deputy Director of Registration Policy Mailing Standards of the United States regarding verification and associated and Practice, [email protected]. Each Postal Service, Domestic Mail Manual assessments, is provided in Publication person can be reached by telephone at (DMM®) to add an option to streamline 6850, Publication for Streamlined Mail 202–707–8040. the processing of drop shipments and Acceptance for Letters and Flats, SUPPLEMENTARY INFORMATION: On expedited plant load mailings. available at: https://postalpro.usps.com/ node/581. February 2, 2017, the Office published DATES: Effective Date: March 1, 2017. a final rule creating procedures for the List of Subjects in 39 CFR Part 111 replacement or removal of certain FOR FURTHER INFORMATION CONTACT: ‘‘personally identifiable information’’ Heather Dyer at (207) 482–7217 or Administrative practice and (‘‘PII’’) from the Office’s registration Jacqueline Erwin at (202) 268–2158. procedure, Postal Service. records. 82 FR 9004 (Feb. 2, 2017) (‘‘PII SUPPLEMENTARY INFORMATION: The Postal Final Rule’’). Among other things, the Service published a notice of proposed The Postal Service adopts the PII Final Rule rewrites 37 CFR 204.7. On rulemaking on January 9, 2017 (82 FR following changes to Mailing Standards February 6, 2017, the Office published 2293–2294) to add an option to of the United States Postal Service, a final rule that made several technical streamline the processing of drop Domestic Mail Manual (DMM), amendments to the regulations shipments and expedited plant load incorporated by reference in the Code of governing registration, recordation, mailings, which included a 30-day Federal Regulations. See 39 CFR 111.1. licensing, and other services that the comment period. The Postal Service Accordingly, 39 CFR part 111 is Office provides. 82 FR 9354 (Feb. 6, received one customer comment. amended as follows:

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PART 111—[AMENDED] barcode. All required pallets and similar DATES: Effective Date: March 1, 2017. containers (such as all-purpose FOR FURTHER INFORMATION CONTACT: ■ 1. The authority citation for 39 CFR containers, hampers, and gaylords) and Heather Dyer at (207) 482–7217 or part 111 continues to read as follows: all containers prepared under 8.0 must Jacqueline Erwin at (202) 268–2158. Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– display container placards that include SUPPLEMENTARY INFORMATION: The Postal 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, accurately encoded Intelligent Mail Service published a notice of proposed 401, 403, 404, 414, 416, 3001–3011, 3201– container barcodes (IMcb) as described rulemaking on January 13, 2017, (82 FR 3219, 3403–3406, 3621, 3622, 3626, 3632, in 708.6.6. Mailing documentation must 4231–4232) to add the mail preparation 3633, and 5001. indicate each container participating in requirements governing participation in ■ 2. Revise the Mailing Standards of the eInduction. the Seamless Acceptance Program, United States Postal Service, Domestic b. Be part of a mailing using an which included a 30-day comment Mail Manual (DMM) as follows: approved electronic method to transmit period. The Postal Service received one a postage statement and mailing customer comment. Mailing Standards of the United States documentation to the PostalOne! Postal Service, Domestic Mail Manual system. Comments on Proposed Changes and (DMM) c. Not include containers included on USPS Response * * * * * paper 8125/8017 forms. The Postal Service received 1 formal d. Be included on a scheduled FAST 700 Special Standards response on the proposed general appointment when entered at a USPS language for the Seamless Acceptance * * * * * processing facility. Program proposal. The responder was 705 Advanced Preparation and 20.4 Additional Standards seeking additional information on a Special Postage Payment Systems related technical guide to the 20.4.1 Special Support for Continuous programming intricacies for qualifying * * * * * Mailers for the Seamless option. Since the [Add new section 20.0, to read as Mailers who cannot generate a general language for the DMM does not follows:] finalized postage statement two hours include nor will it incorporate technical 20.0 eInduction Option before container entry may request guidance, the comments are not relevant approval for an eInduction Continuous to this Final Rule. The commentary was 20.1 Description Mailer ID, (MID). Once approved, shared with the appropriate postal Electronic Induction (eInduction) is mailers using an authorized Continuous personnel for response. an electronic alternative to using the MID in the IMcb may enter any following paper PS Forms: 8125, 8125C, container with the approved MID in the Summary of Changes To Be 8125CD, and 8017 for all containers IMcb prior to the receipt of electronic Implemented entered at the dock of a processing documentation. Mailers are required to Seamless Acceptance is an option for facility or claiming a Destination submit an eDoc and generate a finalized entering commercial mailings. It Delivery Unit (DDU) discount. postage statement for all eInduction leverages full-service mailing ® eInduction uses Intelligent Mail Continuous MID containers within one technology by using scans from USPS container barcode (IMcb) scans to calendar day of the unload scan. Mailers mail processing equipment and hand determine container payment and may request authorization for a held devices to automate verification delivery status, and verifies payment continuous MID through the Business and payment for commercial First-Class and entry location by matching IMcb Customer Gateway. The USPS must Mail cards, letters, and flats, Periodicals, scan data to electronic documentation approve the mailer request before the USPS Marketing Mail letters and flats, (eDoc) information. Containers are mailer may participate in the and Bound Printed Matter flats. Mailers eligible for eInduction at certain continuous MID process. may participate in the Seamless designated facilities. Additional * * * * * Acceptance Program by contacting the information, including information We will publish an appropriate PostalOne! Helpdesk at 1–800–522– regarding verification and associated amendment to 39 CFR part 111 to reflect 9085. To participate in the Seamless assessments, is provided in Publication these changes. Acceptance Program, mailers must meet 6850, Publication for Streamlined Mail the standards in DMM 705.22.0. Acceptance for Letters and Flats, at Stanley F. Mires, Additional information, including https://postalpro.usps.com/node/581. Attorney, Federal Compliance. information regarding verification and [FR Doc. 2017–03912 Filed 2–28–17; 8:45 am] associated assessments under the 20.2 Approval BILLING CODE 7710–12–P Seamless Acceptance Program, is Mailers may seek authorization to provided in Publication 6850, participate in the eInduction program by Publication for Streamlined Mail contacting Business Mailer Support POSTAL SERVICE Acceptance for Letters and Flats, at (BMS); see 608.8 for contact https://postalpro.usps.com/node/581. 39 CFR Part 111 information. List of Subjects in 39 CFR Part 111 20.3 General Eligibility Standards Seamless Acceptance Program Administrative practice and First-Class Mail, Periodicals, USPS AGENCY: Postal ServiceTM. procedure, Postal Service. Marketing Mail letters and flats, and ACTION: Final rule. The Postal Service adopts the Bound Printed Matter presorted or following changes to Mailing Standards carrier route barcoded flats and SUMMARY: The Postal Service will revise of the United States Postal Service, packages are eligible for eInduction. All Mailing Standards of the United States Domestic Mail Manual (DMM), containers entered under eInduction Postal Service, Domestic Mail Manual incorporated by reference in the Code of must: (DMM®) to add the mail preparation Federal Regulations. See 39 CFR 111.1. a. Be labeled with a USPS placard and requirements governing participation in Accordingly, 39 CFR part 111 is a unique Intelligent Mail container the Seamless Acceptance Program. amended as follows:

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PART 111—[AMENDED] c. Participate in the Seamless Parallel and consumer disclosure requirement, Program. relating to the rules contained in the ■ 1. The authority citation for 39 CFR d. Participate in eInduction under Commission’s Order. The OMB Control part 111 continues to read as follows: 20.0 for DMU-verified origin entry or Number for the annual reporting, Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– destination entry-drop shipments. certification, and consumer disclosure requirements is 3060–1222. This 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 22.3.1 Intelligent Mail Barcode document further announces that, on 401, 403, 404, 414, 416, 3001–3011, 3201– Exception 3219, 3403–3406, 3621, 3622, 3626, 3632, January 9, 2017, OMB approved the one- 3633, and 5001. Under special circumstances where time data collection associated with the ■ 2. Revise the Mailing Standards of the mailers are unable to use an Intelligent Order. The OMB Control Number for the United States Postal Service, Domestic Mail Barcode on every piece an one-time data collection is 3060–1221. Mail Manual (DMM) as follows: exception may be granted by Business The Commission publishes this Mailer Support (BMS); see 608.8 for document as an announcement of the Mailing Standards of the United States contact information. OMB approval of the forms associated Postal Service, Domestic Mail Manual * * * * * with the annual reporting and (DMM) We will publish an appropriate certification requirements and with the * * * * * amendment to 39 CFR part 111 to reflect one-time data collection, as well as OMB’s approval of the consumer 700 Special Standards these changes. disclosure requirements. If you have any * * * * * Stanley F. Mires, comments on the burden estimates Attorney, Federal Compliance. listed below, or how the Commission 705 Advanced Preparation and [FR Doc. 2017–03911 Filed 2–28–17; 8:45 am] Special Postage Payment Systems can improve the collections and reduce BILLING CODE 7710–12–P any burdens caused thereby, please * * * * * contact Nicole Ongele, Federal [Add new section 22.0, to read as Communications Commission, Room 1– follows:] FEDERAL COMMUNICATIONS A620, 445 12th Street SW., Washington, 22.0 Seamless Acceptance Program COMMISSION DC 20554. Please include the relevant OMB Control Number, 3060–1222 or 22.1 Description 47 CFR Part 64 3060–1221, in your correspondence. Seamless Acceptance uses Intelligent [WC Docket No. 12–375, FCC 15–136] The Commission will also accept your Mail barcodes, electronic comments via email at [email protected]. documentation (eDoc), and scans from Rates for Interstate Inmate Calling To request materials in accessible USPS mail processing equipment and Services formats for people with disabilities hand held devices, to automate AGENCY: Federal Communications (Braille, large print, electronic files, verification of and payment for First- Commission. audio format), send an email to fcc504@ Class Mail cards, letters, and flats, fcc.gov or call the Consumer and ACTION: Periodicals, USPS Marketing Mail Final rule; announcement of Governmental Affairs Bureau at (202) letters and flats, and Bound Printed OMB approval. 418–0530 (voice), (202) 418–0432 Matter flats. Additional information, SUMMARY: In this document, the (TTY). including information regarding Commission announces that the Office Synopsis verification and associated assessments of Management and Budget (OMB) has on the Seamless Acceptance Program is approved, for a period of three years, the As required by the Paperwork available in Publication 6850, annual reporting and certification Reduction Act of 1995 (44 U.S.C. 3507), Publication for Streamlined Mail requirement, consumer disclosure the FCC is notifying the public that it Acceptance for Letters and Flats, requirement, and one-time data received the final OMB approval on available at https://postalpro.usps.com/ collection associated with the January 9, 2017, for the annual node/581. Commission’s Inmate Calling Services reporting, certification, and consumer 22.2 Approval Order (Order), FCC 15–136, published disclosure requirements and one-time on December 18, 2015. data collection contained in the Mailers may seek authorization to modifications to the Commission’s rules participate in the Seamless Acceptance DATES: The one-time data collection was approved by OMB under OMB Control in 47 CFR part 64 and in the Program by contacting the PostalOne! Commission’s Order. Under 5 CFR part Helpdesk at 1–800–522–9085. No. 3060–1221 on January 9, 2017. The annual reporting and certification 1320, an agency may not conduct or 22.3 Basic Standards requirements and the consumer sponsor a collection of information unless it displays a current, valid OMB First-Class Mail, Periodicals, and disclosure requirements in 47 CFR Control Number. USPS Marketing Mail letters and flats 64.6060 and 64.6110, published at 80 and BPM barcoded flats are potentially FR 79135, December 18, 2015 were No person shall be subject to any eligible for Seamless Acceptance. All approved by OMB under OMB Control penalty for failing to comply with a mailpieces, including basic and No. 3060–1222 on January 9, 2017. collection of information subject to the nonautomation, must be prepared as FOR FURTHER INFORMATION CONTACT: Gil Paperwork Reduction Act that does not outlined in 23.0; mailers must meet the Strobel, Pricing Policy Division, display a current, valid OMB Control following standards: Wireline Competition Bureau, at (202) Number.The OMB Control Numbers are a. Meet all the content and price 418–1520, or email: [email protected]. 3060–1222 and 3060–1221. eligibility standards for the price SUPPLEMENTARY INFORMATION: This The foregoing notice is required by claimed. document announces that, on January 9, the Paperwork Reduction Act of 1995, b. Prepare 90% Full-Service eligible 2017, OMB approved the annual Public Law 104–13, October 1, 1995, volume. reporting and certification requirement and 44 U.S.C. 3507.

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The total annual reporting burdens certification rules require ICS providers information submitted by inmate calling and costs for the respondents are as to file, among other things: Data service (ICS) providers. Parties that follows: regarding their ICS rates and minutes of comply with the terms of a protective OMB Control Number: 3060–1222. use by facility and size of facility; order for the proceeding will have an OMB Approval Date: January 9, 2017. current ancillary service charge amounts opportunity to comment on the data. OMB Expiration Date: January 31, and the instances of use of each; and the Needs and Uses: Section 201 of the 2020. monthly amount of any site commission Communications Act of 1934 Act (Act), Title: Inmate Calling Services Data payments. The Commission also as amended, 47 U.S.C. 201, requires that Collection; Annual Reporting, requires an officer of each ICS provider ICS providers’ interstate rates and Certification, and Consumer Disclosure annually to certify the accuracy of the practices be just and reasonable. The Requirements. data submitted and the provider’s Commission’s Second Report and Order Form Number(s): FCC Form 2301(a) compliance with the Second Report and and Third Further Notice of Proposed and FCC Form 2301(b). Order. The consumer disclosure rule Rulemaking (FNPRM) requires that all Type of Review: New collection. requires ICS providers to inform ICS providers comply with a one-time Respondents: Business or other for- customers of their rates and charges. mandatory data collection. ICS profit. The data will assist the Commission in, providers must submit data on the costs Number of Respondents and among other things, ensuring of providing—and the demand for— Responses: 15 respondents; 15 compliance with the Second Report and interstate, international, and intrastate responses. Order and monitoring the effectiveness ICS. The data collection requires ICS Estimated Time per Response: 5 of the ICS reforms adopted therein. The providers to submit data on ICS calls, hours–60 hours. data will be used to enable the Frequency of Response: Annual various ICS costs, company and contract Commission to assess the costs related information, information about facilities reporting and certification requirements; to ICS and ensure that ICS rates and third party disclosure requirement. served, ICS revenues, ancillary fees, and ancillary service charges related to ICS mandatory taxes and fees. ICS providers Obligation to Respond: Mandatory. rates remain just and reasonable as Statutory authority for this information are also required to apportion direct required by section 201 of the Act. costs for each cost category and to collection is contained in 47 U.S.C. 1, OMB Control Number: 3060–1221. 4(i), 4(j), 201, 218, 220, 225, and 303(r) explain how joint and common costs are OMB Approval Date: January 9, 2017. apportioned among the facilities they of the Communications Act of 1934, as OMB Expiration Date: January 31, amended, 47 U.S.C. 151, 154(i)–(j), 201, serve and the services they provide. The 2020. data will be used to enable the 218, 220, 225 and 303(r). Title: Inmate Calling Services Data Total Annual Burden: 1,200 hours. Commission to assess the costs related Collection, One-Time Data Collection. to ICS and ensure that ICS rates and fees Total Annual Cost: No cost. Form Number: FCC Form 2300. Privacy Act Impact Assessment: No related to ICS rates remain just and Type of Review: New collection. reasonable as required by section 201 of impact(s). Respondents: Business or other for- Nature and Extent of Confidentiality: the Act. Responses to the collection are profit. due March 1, 2017. The Commission anticipates providing Number of Respondents and confidential treatment for proprietary Responses: 15 respondents; 15 The Commission’s Wireline Bureau information submitted by providers of responses. staff will develop a standardized inmate calling services (ICS). Parties Estimated Time per Response: 100 template for the submission of data and that comply with the terms of a hours. provide instructions to simplify protective order for the proceeding will Frequency of Response: One-time compliance with and reduce the have an opportunity to comment on the reporting requirement. burdens of the data collection. The data. Obligation to Respond: Mandatory. template also includes filing Needs and Uses: Section 201 of the Statutory authority for this information instructions and text fields for Communications Act of 1934 Act (Act), collection is contained in 47 U.S.C. 1, respondents to use to explain portions as amended, 47 U.S.C. 201, requires that 4(i), 4(j), 201, 218, 220, and 303(r) of the of their filings, as needed. See FCC ICS providers’ rates and practices be just Communications Act of 1934, as Form 2300. Providers are encouraged to and reasonable. The Commission’s amended, 47 U.S.C. 151, 154(i)–(j), 201, file their data electronically via the Second Report and Order and Third 218, 220 and 303(r). Commission’s Electronic Comment Further Notice of Proposed Rulemaking Total Annual Burden: 1,500 hours. Filing System (ECFS). (Second Report and Order), WC Docket Total Annual Cost: No cost. Federal Communications Commission. No., FCC 15–136, requires that ICS Privacy Act Impact Assessment: No providers file annual reports with the impact(s). Marlene H. Dortch, Commission, including certifications Nature and Extent of Confidentiality: Secretary, Office of the Secretary. that the reported data are complete and The Commission anticipates providing [FR Doc. 2017–03900 Filed 2–28–17; 8:45 am] accurate. The annual reporting and confidential treatment for proprietary BILLING CODE 6712–01–P

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Proposed Rules Federal Register Vol. 82, No. 39

Wednesday, March 1, 2017

This section of the FEDERAL REGISTER maximum extent practicable, to reasons cited above, FNS finds that contains notices to the public of the proposed establish cooperative agreements with notice and solicitation of comment issuance of rules and regulations. The gaming entities in the State to identify regarding the brief extension of the purpose of these notices is to give interested SNAP recipients with substantial comment period is impracticable, persons an opportunity to participate in the winnings. Section 4015 requires all unnecessary, or contrary to the public rule making prior to the adoption of the final rules. State agencies to have a system in place interest pursuant to 5 U.S.C. 553(b)(B). to verify income, eligibility and FNS believes that affected parties need immigration status. to be informed as soon as possible of the DEPARTMENT OF AGRICULTURE DATES: The comment period for the extensions and their length. proposed rule published December 1, Dated: February 16, 2017. Food and Nutrition Service 2016 (81 FR 86614) is re-opened until Jessica Shahin, March 31, 2017. Written comments Acting Administrator, Food and Nutrition 7 CFR Parts 271, 272 and 273 must be received on or before March 31, Service. [FNS 2015–0038] 2017, to be assured of consideration. [FR Doc. 2017–03713 Filed 2–28–17; 8:45 am] ADDRESSES: The Food and Nutrition RIN 0584–AE41 BILLING CODE 3410–30–P Service, USDA, invites interested Supplemental Nutrition Assistance persons to submit written comments on Program: Student Eligibility, Convicted this proposed rule. Comments may be DEPARTMENT OF HEALTH AND Felons, Lottery and Gambling, and submitted in writing by one of the HUMAN SERVICES State Verification Provisions of the following methods: • Agricultural Act of 2014; Extension of Preferred Method: Federal Food and Drug Administration Comment Period eRulemaking Portal: Go to http:// www.regulations.gov. Follow the online 21 CFR Part 73 AGENCY: Food and Nutrition Service instructions for submitting comments. [Docket No. FDA–2016–D–4120] (FNS), USDA. • Fax: Submit comments by facsimile ACTION: Proposed rule. Extension of transmission to: Sasha Gersten-Paal, Fruit Juice and Vegetable Juice as comment period. Certification Policy Branch, Fax number Color Additives in Food; Draft 703–305–2486. SUMMARY: The Department of Guidance for Industry; Reopening of • Mail: Send comments to Sasha Comment Period Agriculture’s Food and Nutrition Gersten-Paal, Branch Chief, Certification Service (FNS) is re-opening the Policy Branch, Program Development AGENCY: Food and Drug Administration, comment period for the proposed rule Division, FNS, 3101 Park Center Drive, HHS. published December 1, 2016. The Alexandria, Virginia 22302, 703–305– ACTION: Notification; reopening of proposed action would implement four 2507. comment period. sections of the Agricultural Act of 2014 All written comments submitted in SUMMARY: The Food and Drug (2014 Farm Bill), affecting eligibility, response to this proposed rule will be Administration (FDA or we) is benefits, and program administration included in the record and made reopening the comment period for the requirements for the Supplemental available to the public. Please be notice entitled ‘‘Fruit Juice and Nutrition Assistance Program (SNAP). advised that the substance of comments Vegetable Juice as Color Additives in Section 4007 clarifies that participants and the identity of individuals or Food; Draft Guidance for Industry’’ that in a SNAP Employment & Training entities submitting the comments will appeared in the Federal Register of (E&T) program are eligible for benefits if be subject to public disclosure. FNS will December 14, 2016. The draft guidance, they are enrolled or participate in make written comments publicly when finalized, will help manufacturers specific programs that will assist SNAP available online at http:// determine whether a color additive recipients in obtaining the skills needed www.regulations.gov. for the current job market. Section 4008 derived from a plant material meets the prohibits anyone convicted of Federal FOR FURTHER INFORMATION CONTACT: specifications under certain FDA color aggravated sexual abuse, murder, sexual Sasha Gersten-Paal, Branch Chief, additive regulations. We are taking this exploitation and abuse of children, Certification Policy Branch, Program action in response to requests to allow sexual assault, or similar State laws, and Development Division, Food and interested persons additional time to who are also not in compliance with the Nutrition Service, 3101 Park Center submit comments. terms of their sentence or parole or are Drive, Alexandria, Virginia 22302, 703– DATES: FDA is reopening the comment a fleeing felon, from receiving SNAP 305–2507. period for the proposed rule published benefits. Section 4009 prohibits SUPPLEMENTARY INFORMATION: FNS is re- December 14, 2016 (81 FR 90267). households containing a member with opening the comment period for 30 days Submit either electronic or written substantial lottery and gambling as noted under the DATES section to comments by May 1, 2017. winnings from receiving SNAP benefits, ensure that the public has sufficient ADDRESSES: You may submit comments until the household meets the allowable time to review and comment on the as follows: financial resources and income proposed rule. To the extent that 5 eligibility requirements of the program. U.S.C. 553(b)(A) applies to this action, Electronic Submissions Section 4009 also provides that State it is exempt from notice and comment Submit electronic comments in the SNAP agencies are required, to the rulemaking for good cause and for following way:

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• Federal eRulemaking Portal: will review this copy, including the sufficient time to develop a meaningful https://www.regulations.gov. Follow the claimed confidential information, in its or thoughtful response to various issues instructions for submitting comments. consideration of comments. The second presented in the draft guidance and to Comments submitted electronically, copy, which will have the claimed our interpretation of our regulations. We including attachments, to https:// confidential information redacted/ have considered the requests but were www.regulations.gov will be posted to blacked out, will be available for public unable to issue a document extending the docket unchanged. Because your viewing and posted on https:// the comment period for the draft comment will be made public, you are www.regulations.gov. Submit both guidance before February 13, 2017. solely responsible for ensuring that your copies to the Division of Dockets Consequently, we are reopening the comment does not include any Management. If you do not wish your comment period for an additional 60 confidential information that you or a name and contact information to be days. Interested parties have until May third party may not wish to be posted, made publicly available, you can 1, 2017. We believe that this action such as medical information, your or provide this information on the cover allows adequate time for interested anyone else’s Social Security number, or sheet and not in the body of your persons to submit comments on the confidential business information, such comments and you must identify this draft guidance without significantly as a manufacturing process. Please note information as ‘‘confidential.’’ Any delaying finalizing the guidance. that if you include your name, contact information marked as ‘‘confidential’’ Dated: February 23, 2017. information, or other information that will not be disclosed except in Leslie Kux, identifies you in the body of your accordance with 21 CFR 10.20 and other Associate Commissioner for Policy. comments, that information will be applicable disclosure law. For more posted on https://www.regulations.gov. information about FDA’s posting of [FR Doc. 2017–03929 Filed 2–28–17; 8:45 am] • If you want to submit a comment comments to public dockets, see 80 FR BILLING CODE 4164–01–P with confidential information that you 56469, September 18, 2015, or access do not wish to be made available to the the information at: http://www.fda.gov/ public, submit the comment as a regulatoryinformation/dockets/ DEPARTMENT OF HOMELAND written/paper submission and in the default.htm. SECURITY manner detailed (see ‘‘Written/Paper Docket: For access to the docket to Submissions’’ and ‘‘Instructions’’). read background documents or the Coast Guard Written/Paper Submissions electronic and written/paper comments received, go to https:// 33 CFR Part 117 Submit written/paper submissions as www.regulations.gov and insert the [Docket No. USCG–2016–1006] follows: docket number, found in brackets in the • Mail/Hand delivery/Courier (for RIN 1625–AA09 heading of this document, into the written/paper submissions): Division of ‘‘Search’’ box and follow the prompts Dockets Management (HFA–305), Food Drawbridge Operation Regulation; and/or go to the Division of Dockets and Drug Administration, 5630 Fishers Connecticut River, East Haddam, CT Management, 5630 Fishers Lane, Rm. Lane, Rm. 1061, Rockville, MD 20852. AGENCY: Coast Guard, DHS. • For written/paper comments 1061, Rockville, MD 20852. submitted to the Division of Dockets FOR FURTHER INFORMATION CONTACT: ACTION: Notice of proposed rulemaking. Management, FDA will post your Laura A. Dye, Center for Food Safety SUMMARY: The Coast Guard proposes to comment, as well as any attachments, and Applied Nutrition (HFS–265), Food and Drug Administration, 5001 Campus modify the operating schedule that except for information submitted, governs the Route 82 Bridge (East marked and identified, as confidential, Dr., College Park, MD 20740, 240–402– 1275. Haddam Swing Bridge) across the if submitted as detailed in Connecticut River, mile 16.8, at East SUPPLEMENTARY INFORMATION: In the ‘‘Instructions.’’ Haddam, Connecticut. The bridge owner Instructions: All submissions received Federal Register of December 14, 2016 submitted a request to reduce scheduled must include the Docket No. FDA– (81 FR 90267), we published a notice of openings of the span for recreational 2016–D–4120 for ‘‘Fruit Juice and availability of a draft guidance for vessels in the boating season and to Vegetable Juice as Color Additives in industry entitled ‘‘Fruit Juice and allow the bridge owner to require six Food; Draft Guidance for Industry.’’ Vegetable Juice as Color Additives in hours notice for bridge openings at night Received comments will be placed in Food.’’ The draft guidance, when in the winter season. It is expected this the docket and, except for those finalized, will help manufacturers change to the regulations will better submitted as ‘‘Confidential determine whether a color additive serve the needs of the community while Submissions,’’ publicly viewable at derived from a plant material meets the continuing to meet the reasonable needs https://www.regulations.gov or at the specifications for fruit juice under of navigation. Division of Dockets Management § 73.250 (21 CFR 73.250) or vegetable between 9 a.m. and 4 p.m., Monday juice under § 73.260 (21 CFR 73.260). DATES: Comments and related material through Friday. Although you can comment on any must reach the Coast Guard on or before • Confidential Submissions—To guidance at any time, to ensure that we May 1, 2017. submit a comment with confidential consider comments on this draft ADDRESSES: You may submit comments information that you do not wish to be guidance before we begin work on the identified by docket number USCG– made publicly available, submit your final version, interested persons were 2016–1006 using the Federal comments only as a written/paper originally given until February 13, 2017, eRulemaking Portal at http:// submission. You should submit two to comment on the draft guidance. www.regulations.gov. copies total. One copy will include the We have received requests to extend See the ‘‘Public Participation and information you claim to be confidential the comment period for the draft Request for Comments’’ portion of the with a heading or cover note that states guidance. The requests conveyed SUPPLEMENTARY INFORMMATION section ‘‘THIS DOCUMENT CONTAINS concern that the original 60-day below for instructions on submitting CONFIDENTIAL INFORMATION.’’ We comment period would not allow comments.

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FOR FURTHER INFORMATION CONTACT: If Allowing the bridge owner to require allow a majority of recreational traffic to you have questions on this proposed notice will allow for more efficient and pass through the draw without the rule, call or email Mr. James Moore, economical operation of the bridge. necessity for an opening. Moreover, the Project Officer, First Coast Guard advanced notice requirements will be III. Discussion of Proposed Rule District, telephone 212–514–4334, during the winter months, which is a [email protected]. Comments received from the public as time of year when vessel traffic is at its SUPPLEMENTARY INFORMATION: well as various stakeholders during a lowest. meeting held in East Haddam, I. Table of Abbreviations Connecticut on 12 May 2016 indicated B. Impact on Small Entities CFR Code of Federal Regulations no objection to the proposed rule The Regulatory Flexibility Act of 1980 DHS Department of Homeland Security change from either mariners or (RFA), 5 U.S.C. 601–612, as amended, FR Federal Register concerned citizens. Based on these requires federal agencies to consider the NPRM Notice of proposed rulemaking comments as well as further discussion potential impact of regulations on small § Section with the bridge owner, the Coast Guard entities during rulemaking. The term U.S.C. United States Code proposes to permanently change the ‘‘small entities’’ comprises small II. Background, Purpose and Legal drawbridge operating regulation 33 CFR businesses, not-for-profit organizations Basis 117.205(c). that are independently owned and The proposed rule would allow the operated and are not dominant in their The Route 82 Bridge (East Haddam Route 82 Swing Bridge, to open as fields, and governmental jurisdictions Swing Bridge), mile 16.8, across the follows: Between November 1 and April with populations of less than 50,000. Connecticut River at East Haddam, 30, the Route 82 Swing Bridge will The Coast Guard certifies under 5 U.S.C. Connecticut, offers mariners a vertical continue to open on signal for all 605(b) that this proposed rule would not clearance of 22 feet at Mean High Water vessels between 4 a.m. and 8 p.m. and have a significant economic impact on and 25 feet at Mean Low Water when will open for all vessels with six hours a substantial number of small entities. the span is in the closed position. of advance notice between 8 p.m. and 4 For the reasons stated in Section III Vertical clearance is unlimited when the a.m. Between May 1 and October 31, the and IV.A. above, this proposed rule draw is open. Horizontal clearance is bridge will open for recreational vessels would not have a significant economic 200 feet. Waterway users include on the hour between 6 a.m. and 8 p.m. impact on any vessel owner or operator. recreational and commercial vessels and will open on signal from 8 p.m. If you think that your business, including tugboat/barge combinations as through 6 a.m.. Notice is given by organization, or governmental well as tour/dinner boats. calling the number posted at the bridge. jurisdiction qualifies as a small entity The existing drawbridge operating and that this rule would have a IV. Regulatory Analyses regulation, 33 CFR 117.205 (c), requires significant economic impact on it, the draw of the Route 82 Bridge to open We developed this proposed rule after please submit a comment (see as follows: considering numerous statutes and ADDRESSES) explaining why you think it The bridge will open on signal except Executive Orders related to rulemaking. qualifies and how and to what degree that, from 15 May to 31 October, Below we summarize our analyses this rule would economically affect it. between 9 a.m. to 9 p.m., the draw need based on these statutes and Executive Under section 213(a) of the Small open for recreational vessels on the hour Orders and we discuss First Business Regulatory Enforcement and half-hour only. The draw shall open Amendment rights of protestors. Fairness Act of 1996 (Pub. L. 104–121), on signal for commercial vessels at all A. Regulatory Planning and Review we want to assist small entities in times. understanding this proposed rule. If the This regulation has been in effect Executive Orders 12866 and 13563 rule would affect your small business, since March 2, 1998. The owner of the direct agencies to assess the costs and organization, or governmental bridge, the Connecticut Department of benefits of available regulatory jurisdiction and you have questions Transportation, requested a change to alternatives and, if regulation is concerning its provisions or options for the drawbridge operating regulations necessary, to select regulatory compliance, please contact the person because of the increased volume of approaches that maximize net benefits. listed in the FOR FURTHER INFORMATION vehicular traffic across the bridge during Executive Order 13563 emphasizes the CONTACT, above. The Coast Guard will peak commuting hours. This increased importance of quantifying both costs not retaliate against small entities that volume coupled with bridge openings and benefits, of reducing costs, of question or complain about this for recreational vessels on the hour as harmonizing rules, and of promoting proposed rule or any policy or action of well as the half-hour has resulted in flexibility. This NPRM has not been the Coast Guard. lengthy traffic jams on either side of the designated a ‘‘significant regulatory bridge, particularly during the morning action,’’ under Executive Order 12866. C. Collection of Information and evening rush hours. By reducing Accordingly, the NPRM has not been This proposed rule would call for no required openings for recreational reviewed by the Office of Management new collection of information under the vessels, traffic congestion during the and Budget. Paperwork Reduction Act of 1995 (44 morning and evening rush hours would The Coast Guard believes that this U.S.C. 3501–3520.). improve. rule is not a significant regulatory The Connecticut Department of action. The bridge will still open on the D. Federalism and Indian Tribal Transportation also requested that from hour from 6 a.m. to 8 p.m. for Government November 1 to April 30 the bridge recreational craft during the boating A rule has implications for federalism owner be allowed to require at least six season and will open for all vessels with under Executive Order 13132, hours notice for bridge openings six hours of advance notice between 8 Federalism, if it has a substantial direct between 8 p.m. and 4 a.m. for all p.m. and 4 a.m. between November 1 effect on the States, on the relationship vessels. For the last three years there and April 30. The 22 foot vertical between the national government and have been no requested openings during clearance available while the bridge is the States, or on the distribution of these hours during this time of the year. in the closed position is sufficient to power and responsibilities among the

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various levels of government. We have G. Protest Activities Authority: 33 U.S.C. 499; 33 CFR 1.05–1; analyzed this proposed rule under that Department of Homeland Security Delegation Order and have determined that it is The Coast Guard respects the First No. 0170.1. Amendment rights of protesters. consistent with the fundamental ■ 2. Amend § 117.205 by revising Protesters are asked to contact the federalism principles and preemption paragraph (c) to read as follows: requirements described in Executive person listed in the FOR FURTHER Order 13132. INFORMATION CONTACT section to § 117.205 Connecticut River. Also, this proposed rule does not have coordinate protest activities so that your * * * * * tribal implications under Executive message can be received without (c) The draw of the Route 82 Bridge, Order 13175, Consultation and jeopardizing the safety or security of mile 16.8, at East Haddam, shall operate Coordination with Indian Tribal people, places or vessels. as follows: Governments, because it would not have V. Public Participation and Request for (1) From May 1 through October 31: a substantial direct effect on one or Comments The draw shall open on signal for more Indian tribes, on the relationship commercial vessels. For recreational between the Federal Government and We view public participation as vessels, the draw shall open on signal, Indian tribes, or on the distribution of essential to effective rulemaking, and except that from 6 a.m. to 8 p.m., the power and responsibilities between the will consider all comments and material draw need open for recreational vessels Federal Government and Indian tribes. received during the comment period. on the hour only. If you believe this proposed rule has Your comment can help shape the (2) From November 1 through April implications for federalism or Indian outcome of this rulemaking. If you 30: The draw shall open on signal for all tribes, please contact the person listed submit a comment, please include the vessels, except that from 8 p.m. to 4 in the FOR FURTHER INFORMATION docket number for this rulemaking, a.m., the draw shall open on signal if at CONTACT section above. indicate the specific section of this least six-hours notice is given by calling document to which each comment the number posted at the bridge. E. Unfunded Mandates Reform Act applies, and provide a reason for each Dated: 15 February 2017. The Unfunded Mandates Reform Act suggestion or recommendation. S.D. Poulin, of 1995 (2 U.S.C. 1531–1538) requires We encourage you to submit Federal agencies to assess the effects of Rear Admiral, U.S. Coast Guard Commander, comments through the Federal First Coast Guard District. their discretionary regulatory actions. In eRulemaking Portal at http:// [FR Doc. 2017–03980 Filed 2–28–17; 8:45 am] particular, the Act addresses actions www.regulations.gov. If your material that may result in the expenditure by a cannot be submitted using http:// BILLING CODE 9110–0–P State, local, or tribal government, in the www.regulations.gov, contact the person aggregate, or by the private sector of in the FOR FURTHER INFORMATION DEPARTMENT OF COMMERCE $100,000,000 (adjusted for inflation) or CONTACT section of this document for more in any one year. Though this alternate instructions. proposed rule will not result in such an National Oceanic and Atmospheric We accept anonymous comments. All Administration expenditure, we do discuss the effects of comments received will be posted this proposed rule elsewhere in this without change to http:// 50 CFR Part 622 preamble. www.regulations.gov and will include F. Environment any personal information you have [Docket No. 161222999–7145–01] We have analyzed this proposed rule provided. For more about privacy and RIN 0648–BG56 under Department of Homeland the docket, you may review a Privacy Fisheries of the Caribbean, Gulf of Security Management Directive 023–01 Act notice regarding the Federal Docket Mexico, and South Atlantic; Coastal and Commandant Instruction Management System in the March 24, Migratory Pelagic Resources in the M16475.lD, which guides the Coast 2005, issue of the Federal Register (70 Gulf of Mexico and Atlantic Region; Guard in complying with the National FR 15086). Framework Amendment 5 Environmental Policy Act of 1969 Documents mentioned in this notice (NEPA) (42 U.S.C. 4321–4370f), and and all public comments, are in our AGENCY: National Marine Fisheries have made a preliminary determination online docket at http:// Service (NMFS), National Oceanic and that this action is one of a category of www.regulations.gov and can be viewed Atmospheric Administration (NOAA), actions which do not individually or by following that Web site’s Commerce. instructions. Additionally, if you go to cumulatively have a significant effect on ACTION: Proposed rule; request for the online docket and sign up for email the human environment. This proposed comments. rule simply promulgates the operating alerts, you will be notified when regulations or procedures for comments are posted or a final rule is SUMMARY: NMFS proposes to implement drawbridges. Normally such actions are published. management measures described in categorically excluded from further List of Subjects in 33 CFR Part 117 Framework Amendment 5 to the Fishery review, under figure 2–1, paragraph Management Plan for the Coastal (32)(e), of the Instruction. Bridges. Migratory Pelagic Resources of the Gulf Under figure 2–1, paragraph (32)(e), of For the reasons discussed in the of Mexico and Atlantic Region (FMP) as the Instruction, an environmental preamble, the Coast Guard proposes to prepared and submitted jointly by the analysis checklist and a categorical amend 33 CFR part 117 as follows: Gulf of Mexico Fishery Management exclusion determination are not Council and South Atlantic Fishery required for this rule. We seek any PART 117—DRAWBRIDGE Management Council (Councils). If comments or information that may lead OPERATION REGULATIONS implemented, this proposed rule would to the discovery of a significant remove the restriction on fishing for, or environmental impact from this ■ 1. The authority citation for part 117 retaining the recreational bag and proposed rule. continues to read as follows: possession limits of, king and Spanish

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mackerel on a vessel with a Federal regulations at 50 CFR part 622 under the Atlantic king mackerel are not commercial permit for king or Spanish authority of the Magnuson-Stevens overfished or undergoing overfishing. mackerel when the vessel is on a private Fishery Conservation and Management This provision does not currently recreational fishing trip and commercial Act (Magnuson-Stevens Act) (16 U.S.C. affect the recreational harvest of harvest of king or Spanish mackerel in 1801 et seq.). Spanish mackerel in the Gulf (Gulf a zone or region is closed. The purpose Spanish mackerel), given the difference of this proposed rule is to remove Background in how this migratory group is managed. Federal permit restrictions unique to The Magnuson-Stevens Act requires Gulf Spanish mackerel is managed commercially permitted king and NMFS and regional fishery management under a stock annual catch limit (ACL). Spanish mackerel vessels and to councils to prevent overfishing and Under the applicable accountability standardize vessel permit restrictions achieve on a continuing basis, the measures, the Spanish mackerel applicable after a commercial quota optimum yield from federally managed commercial and recreational sectors in closure of king or Spanish mackerel. fish stocks. These mandates are the Gulf close at the same time if the DATES: Written comments must be intended to ensure that fishery stock ACL is reached or projected to be received by March 31, 2017. resources are managed for the greatest reached, as specified in § 622.388(c)(1). ADDRESSES: You may submit comments overall benefit to the nation, particularly Thus, because the sectors close at the on the proposed rule, identified by with respect to providing food same time, the restriction described ‘‘NOAA–NMFS–2016–0162’’ by either production and recreational above does not apply in practice to of the following methods: opportunities, while also protecting those fishing for Gulf Spanish mackerel. • Electronic Submission: Submit all marine ecosystems. To further attain In contrast, the accountability measures electronic comments via the Federal this goal, the Magnuson-Stevens Act applicable to the commercial sector for Rulemaking Portal. Go to requires fishery managers to minimize king mackerel in the Gulf and Atlantic, www.regulations.gov, click the bycatch and bycatch mortality to the and Spanish mackerel in the Atlantic, ‘‘Comment Now!’’ icon, complete the extent practicable. Framework would close the applicable commercial required fields, and enter your attached Amendment 5 and this proposed rule sector independently from the comments. apply to the harvest of king and Spanish recreational sector if the commercial • Mail: Submit all written comments mackerel in the exclusive economic landings reach or are projected to reach to Rich Malinowski, NMFS Southeast zone (EEZ) of the Gulf of Mexico (Gulf) the applicable commercial quotas Regional Office (SERO), 263 13th and Atlantic regions. (§ 622.388(a)(1)(i), (b)(1)(i), and (d)(1)(i)). Avenue South, St. Petersburg, FL 33701. Current Federal regulations state that Instructions: Comments sent by any a person aboard a vessel with a Federal Management Measure Contained in other method, to any other address or commercial permit for king or Spanish This Proposed Rule individual, or received after the end of mackerel may not fish for or retain king For the commercial sector, this the comment period, may not be or Spanish mackerel in or from Federal considered by NMFS. All comments proposed rule would remove the current waters under the recreational bag or prohibition that a person aboard a vessel received are a part of the public record possession limit if the commercial and will generally be posted for public with a Federal commercial permit for harvest for the species is closed (i.e., the king or Spanish mackerel may not fish viewing on www.regulations.gov species, migratory group, zone, subzone, without change. All personal identifying for or retain king or Spanish mackerel or gear is closed). This provision in or from Federal waters under the bag information (e.g., name, address), prevents fishers on a vessel with a confidential business information, or or possession limits if commercial Federal commercial permit for king or harvest for the applicable species is otherwise sensitive information Spanish mackerel from recreationally submitted voluntarily by the sender will closed in a specific zone or for a certain fishing for or retaining bag and gear type, unless the vessel also has a be publicly accessible. NMFS will possession limits for these species accept anonymous comments (enter ‘‘N/ federal charter vessel/headboat permit outside of the applicable commercial and is operating as a federally permitted A’’ in required fields if you wish to season. An exception to this restriction remain anonymous). charter vessel or headboat. Therefore, if currently applies to vessels that have NMFS implements this proposed rule, Electronic copies of the Framework both a Federal commercial and a charter Amendment 5, which includes an commercial fishers with a Federal vessel/headboat permit for king or commercial permit for king or Spanish environmental assessment, Regulatory Spanish mackerel. When operating as a Flexibility Act (RFA) analysis, and a mackerel would be able to use their charter vessel or headboat, the permitted vessels to recreationally fish regulatory impact review, may be exception allows persons aboard these obtained from www.regulations.gov or for these species and retain the vessels to recreationally fish for or recreational bag and possession limits the SERO Web site at http:// retain king or Spanish mackerel in or sero.nmfs.noaa.gov. outside of the commercial seasons for from Federal waters under the those species. FOR FURTHER INFORMATION CONTACT: Rich recreational bag or possession limits. Malinowski, Southeast Regional Office, The regulations specifying restrictions Measures Contained in This Proposed NMFS, telephone: 727–824–5305, or applicable after a commercial quota Rule Not in Framework Amendment 5 email: [email protected]. closure (50 CFR 622.384(e)) were In addition to the changes to SUPPLEMENTARY INFORMATION: The originally necessary when the Gulf implement Framework Amendment 5, coastal migratory pelagic fishery of the migratory group of king mackerel (Gulf the proposed regulatory text contains Gulf and Atlantic regions is managed king mackerel) had been overfished in changes consistent with the proposed under the FMP and includes the the early 1990s, as a means of regulatory text to implement management of the Gulf and Atlantic controlling fishing effort. In 2014, the Amendment 26 to the FMP, which is migratory groups of king mackerel, most recent stock assessment of Gulf currently available for public comment Spanish mackerel, and cobia. The FMP king mackerel and Atlantic migratory (81 FR 95941, December 29, 2016). The was prepared jointly by the Councils group king mackerel (Atlantic king proposed regulatory text to implement and is implemented by NMFS through mackerel) concluded that both Gulf and Amendment 26 includes numerous

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changes to the regulations implementing proposed rule, king or Spanish mackerel ■ 2. In § 622.379, revise the last the FMP, including revisions to that are recreationally harvested on sentence in paragraph (a) to read as terminology and to the management commercial vessels would not be follows: boundaries for the Gulf of Mexico and permitted to be sold. Therefore, Atlantic migratory groups of king commercial fishers on these vessels § 622.379 Purse seine incidental catch allowance. mackerel. Pertinent changes are would only be affected as recreational reflected in the proposed text below, as anglers. Recreational anglers, who (a) * * * Incidentally caught king or well, for consistency in language. In would be directly affected by this Spanish mackerel are counted toward addition, to improve clarity, we have proposed rule, are not considered small the quotas provided for under § 622.384 made specific changes to entities under the RFA, and are, and are subject to the prohibition of sale § 622.384(e)(3), proposed to be therefore, outside the scope of this under § 622.384(e)(2). renumbered as § 622.384(e)(2), and to analysis. 5 U.S.C. 603. Small entities * * * * * § 622.386. include ‘‘small businesses,’’ ‘‘small ■ 3. In § 622.384, revise paragraph (e) to organizations,’’ and ‘‘small Classification read as follows: governmental jurisdictions.’’ 5 U.S.C. Pursuant to section 304(b)(1)(A) of the 601(6) and 601(3)–(5). Recreational § 622.384 Quotas. Magnuson-Stevens Act, the NMFS anglers are not businesses, * * * * * Assistant Administrator has determined organizations, or governmental (e) Restrictions applicable after a that this proposed rule is consistent jurisdictions. No other small entities commercial quota closure. (1) If the with the framework action, the FMP, the that would be directly affected by this recreational sector for the applicable Magnuson-Stevens Act, and other proposed rule have been identified. species, migratory group, zone, or gear applicable law, subject to further The information provided above is open, the bag and possession limits consideration after public comment. supports a determination that this rule for king and Spanish mackerel specified This proposed rule has been would not have a significant economic in § 622.382(a) apply to all harvest or determined to be not significant for impact on a substantial number of small possession for the closed species, purposes of Executive Order 12866. entities. Because this rule, if migratory group, zone, or gear in or from The Chief Counsel for Regulation of implemented, is not expected to have a the EEZ. If the recreational sector for the the Department of Commerce certified significant economic impact on any applicable species, migratory group, to the Chief Counsel for Advocacy of the small entities, an initial regulatory zone, or gear is closed, all applicable Small Business Administration (SBA) flexibility analysis is not required and harvest or possession in or from the EEZ that this proposed rule, if adopted, none has been prepared. is prohibited. would not have a significant economic No duplicative, overlapping, or (2) The sale or purchase of king impact on a substantial number of small conflicting Federal rules have been entities. The factual basis for this mackerel, Spanish mackerel, or cobia of identified. In addition, no new the closed species, migratory group, determination follows. reporting, record-keeping, or other A description of this proposed rule, zone, or gear type is prohibited, compliance requirements are introduced including any king or Spanish mackerel why it is being considered, and the by this proposed rule. Accordingly, the objectives of this proposed rule are taken under the bag and possession Paperwork Reduction Act does not limits specified in § 622.382(a), or cobia contained in the preamble. The apply to this proposed rule. Magnuson-Stevens Act provides the taken under the limited-harvest species statutory basis for this proposed rule. List of Subjects in 50 CFR Part 622 possession limit specified in § 622.383(b). The prohibition on the sale This proposed rule, if implemented, Fisheries, Fishing, Gulf of Mexico, would not be expected to directly affect or purchase during a closure for coastal South Atlantic, King Mackerel, Spanish migratory pelagic fish does not apply to any small entities. The proposed rule Mackerel. would remove the restriction on fishing coastal migratory pelagic fish that were for and retaining the recreational bag Alan D. Risenhoover, harvested, landed ashore, and sold prior limit of king mackerel on a vessel with Acting Deputy Assistant Administrator for to the effective date of the closure and a Federal commercial permit for king Regulatory Programs, National Marine were held in cold storage by a dealer or mackerel when the vessel is on a Fisheries Service. processor. recreational trip and commercial harvest For the reasons set out in the ■ 4. In § 622.386, revise the introductory of king mackerel in that zone is closed. preamble, 50 CFR part 622 is proposed paragraph to read as follows: Similarly, it would remove the to be amended as follows: § 622.386 Restrictions on sale/purchase. restriction on fishing for and retaining the recreational bag limit of Spanish PART 622—FISHERIES OF THE The restrictions in this section are in mackerel on a vessel with a Federal CARIBBEAN, GULF OF MEXICO, AND addition to the restrictions on the sale commercial permit for Spanish SOUTH ATLANTIC or purchase related to commercial quota mackerel when the vessel is on a closures as specified in § 622.384(e)(2). recreational trip and commercial harvest ■ 1. The authority citation for part 622 * * * * * of Spanish mackerel in a zone or for a continues to read as follows: [FR Doc. 2017–04003 Filed 2–28–17; 8:45 am] certain gear type is closed. Under this Authority: 16 U.S.C. 1801 et seq. BILLING CODE P

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Notices Federal Register Vol. 82, No. 39

Wednesday, March 1, 2017

This section of the FEDERAL REGISTER The applicant is requesting authority covers two producers or exporters of the contains documents other than rules or to reorganize its existing zone to include subject merchandise: Ambica Steels proposed rules that are applicable to the both of the existing sites as ‘‘magnet’’ Limited (Ambica), and Bhansali Bright public. Notices of hearings and investigations, sites. No subzones/usage-driven sites Bars Pvt. Ltd. (Bhansali). We committee meetings, agency decisions and are being requested at this time. preliminarily determine that Bhansali rulings, delegations of authority, filing of petitions and applications and agency In accordance with the FTZ Board’s had no shipments of subject statements of organization and functions are regulations, Camille Evans of the FTZ merchandise during the POR and that examples of documents appearing in this Staff is designated examiner to evaluate Ambica did have an entry of subject section. and analyze the facts and information merchandise during the POR. Interested presented in the application and case parties are invited to comment on these record and to report findings and preliminary results. DEPARTMENT OF COMMERCE recommendations to the FTZ Board. DATES: Effective March 1, 2017. Public comment is invited from FOR FURTHER INFORMATION CONTACT: Foreign-Trade Zones Board interested parties. Submissions shall be Joseph Shuler, AD/CVD Operations, [B–14–2017] addressed to the FTZ Board’s Executive Office I, Enforcement and Compliance, Secretary at the address below. The International Trade Administration, Foreign-Trade Zone 269—Athens, closing period for their receipt is May 1, U.S. Department of Commerce, 1401 Texas; Application for Reorganization 2017. Rebuttal comments in response to Constitution Avenue NW., Washington, Under Alternative Site Framework material submitted during the foregoing DC 20230; telephone: (202) 482–1293. period may be submitted during the SUPPLEMENTARY INFORMATION: An application has been submitted to subsequent 15-day period to May 15, the Foreign-Trade Zones (FTZ) Board by 2017. Scope of the Order the Athens Economic Development A copy of the application will be Corporation, grantee of FTZ 269, The merchandise subject to the order available for public inspection at the is SSB. SSB means articles of stainless requesting authority to reorganize the Office of the Executive Secretary, zone under the alternative site steel in straight lengths that have been Foreign-Trade Zones Board, Room either hot-rolled, forged, turned, cold- framework (ASF) adopted by the FTZ 21013, U.S. Department of Commerce, Board (15 CFR Sec. 400.2(c)). The ASF drawn, cold-rolled or otherwise cold- 1401 Constitution Avenue NW., is an option for grantees for the finished, or ground, having a uniform Washington, DC 20230–0002, and in the establishment or reorganization of zones solid cross section along their whole ‘‘Reading Room’’ section of the FTZ and can permit significantly greater length in the shape of circles, segments Board’s Web site, which is accessible flexibility in the designation of new of circles, ovals, rectangles (including via www.trade.gov/ftz. For further subzones or ‘‘usage-driven’’ FTZ sites squares), triangles, hexagons, octagons, information, contact Camille Evans at for operators/users located within a or other convex polygons. SSB includes [email protected] or (202) 482– grantee’s ‘‘service area’’ in the context of cold-finished SSBs that are turned or 2350. the FTZ Board’s standard 2,000-acre ground in straight lengths, whether activation limit for a zone. The Dated: February 22, 2017. produced from hot-rolled bar or from application was submitted pursuant to Andrew McGilvray, straightened and cut rod or wire, and the Foreign-Trade Zones Act, as Executive Secretary. reinforcing bars that have indentations, amended (19 U.S.C. 81a–81u), and the [FR Doc. 2017–03962 Filed 2–28–17; 8:45 am] ribs, grooves, or other deformations produced during the rolling process. regulations of the Board (15 CFR part BILLING CODE 3510–DS–P 400). It was formally docketed on Except as specified above, the term February 22, 2017. does not include stainless steel semi- FTZ 269 was approved by the FTZ DEPARTMENT OF COMMERCE finished products, cut-to-length flat- Board on April 3, 2006 (Board Order rolled products (i.e., cut-to-length rolled 1438, 71 FR 20074, April 19, 2006). The International Trade Administration products which if less than 4.75 mm in current zone includes the following thickness have a width measuring at [A–533–810] sites: Site 1 (127 acres)—Athens least 10 times the thickness, or if 4.75 Industrial Park, 1621 Enterprise Street, Stainless Steel Bar From India: mm or more in thickness having a width Athens; and, Site 2 (59 acres)— Preliminary Results of Antidumping which exceeds 150 mm and measures at Henderson Industrial Park, 1380 Flat Duty Administrative Review; 2015– least twice the thickness), wire (i.e., Creek Road, Athens. 2016 cold-formed products in coils, of any The grantee’s proposed service area uniform solid cross section along their under the ASF would be the City of AGENCY: Enforcement and Compliance, whole length, which do not conform to Athens, Texas, as described in the International Trade Administration, the definition of flat-rolled products), application. If approved, the grantee Department of Commerce. and angles, shapes, and sections. would be able to serve sites throughout SUMMARY: The Department of Commerce Imports of these products are the service area based on companies’ (the Department) is conducting an currently classifiable under subheadings needs for FTZ designation. The administrative review of the 7222.10.00, 7222.11.00, 7222.19.00, application indicates that the proposed antidumping duty order on stainless 7222.20.00, 7222.30.00 of the service area is within and adjacent to steel bar (SSB) from India. The period Harmonized Tariff Schedule (HTS). the Dallas-Fort Worth Customs and of review (POR) is February 1, 2015, Although the HTS subheadings are Border Protection port of entry. through January 31, 2016. This review provided for convenience and customs

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purposes, our written description of the of no shipments during the POR, the interested parties.13 An electronically scope of the Order is dispositive. Department placed CBP entry data on filed document must be received the record for comment.7 Subsequently, successfully in its entirety by the Background we requested entry documents from Department’s electronic records system, Carpenter Technology Corporation, CBP for specific shipments attributed to ACCESS, by 5:00 p.m. Eastern Time on Crucible Industries LLC, Electralloy, a Ambica and placed this information on the date that the document is due. Division of G,O, Carlson, Inc., North the record for comment.8 The Interested parties who wish to request American Stainless, Universal Stainless Department preliminarily finds that a hearing must submit a written request & Alloy Products, Inc., and Valbruna Ambica had one suspended entry of to the Assistant Secretary for Slater Stainless, Inc. (the petitioners) subject merchandise during this POR for Enforcement and Compliance, U.S. timely requested an administrative which it had knowledge of its sale to an Department of Commerce, using review of Ambica and Bhansali.1 The unaffiliated U.S. customer. However, Enforcement and Compliance’s ACCESS Department published in the Federal the Department inadvertently included system within 30 days of publication of Register a notice of initiation of this the sales associated with this 2015/16 this notice.14 Requests should contain administrative review of the entry of subject merchandise in its (1) the party’s name, address, and antidumping duty order on SSB from analysis for the 2014–15 administrative telephone number; (2) the number of 2 India for Ambica and Bhansali. review. Therefore, we have participants; and (3) a list of the issues Preliminary Determination of No preliminarily determined to apply the to be discussed. Issues raised in the Shipments (Bhansali) importer-specific assessment rate hearing will be limited to those raised calculated for Ambica in the 2014–15 in the respective case briefs. We received a timely claim from review to this suspended entry in the Unless the deadline is extended Bhansali reporting that it had no pursuant to section 751(a)(2)(B)(iv) of shipments of the subject merchandise to instant review. For all other entries of subject merchandise attributed to the Tariff Act of 1930 (the Act) and 19 the United States during the POR and CFR 351.213(h)(2), the Department requested that the Department rescind Ambica during the instant POR, Ambica 3 has reasonably explained that it had no intends to issue the final results of this the review with respect to it. Following administrative review, including the Bhansali’s claim of no shipments during knowledge of these entries into the United States or the sales associated results of our analysis of the issues the POR, the Department placed U.S. raised by the parties in their case and Customs and Border Protection (CBP) with these entries. Accordingly, these rebuttal briefs, within 120 days after the entry data on the record for comment,4 entries will be liquidated at the all- publication of these preliminary results, and transmitted a ‘‘No-Shipment others rate. For additional information pursuant to section 751(a)(3)(A) of the Inquiry’’ to CBP regarding Bhansali.5 and analysis, see the Preliminary 9 Act and 19 CFR 351.213(h)(1). Pursuant to this inquiry, CBP submitted Analysis Memorandum. no information contrary to Bhansali’s Public Comment Assessment of Antidumping Duties claim. Accordingly, the Department Interested parties may submit case For the single suspended AD/CVD preliminarily determines that Bhansali briefs no later than 30 days after the entry attributable to Ambica, we will had no shipments during the POR. date of publication of the preliminary instruct CBP to liquidate this entry at Consistent with our practice, we will results.10 Rebuttal briefs, limited to the the importer-specific assessment rate complete the review and issue issues raised in the case briefs, may be calculated in the 2014–15 appropriate instructions to CBP based administrative review. on the final results of this review. filed no later than five days after the submission of case briefs.11 Parties who In accordance with the Department’s Preliminary Results of Review submit case briefs or rebuttal briefs in practice, for entries of subject (Ambica) this proceeding are encouraged to merchandise during the POR for which Ambica or Bhansali did not know that The Department received a timely submit with each argument: (1) A the merchandise was destined for the claim from Ambica reporting that it had statement of the issue; (2) a brief ‘‘no shipments’’ of the subject summary of the argument; and (3) a United States, we will instruct CBP to merchandise to the United States during table of authorities.12 liquidate such entries at the all-others the POR and requested that the All submissions to the Department rate if there is no rate for the Department rescind the review with must be filed electronically using intermediate company(ies) involved in respect to it.6 Following Ambica’s claim ACCESS, and must also be served on the transaction. We intend to issue instructions to 7 CBP 15 days after the publication date 1 See Letter from the petitioners to the See CBP Entry Data Release Memo. Department, ‘‘Stainless Steel Bar from India: 8 See Memorandum from Joseph Shuler, of the final results of this review. Petitioners’ Request for 2015/16 Administrative International Trade Analyst, to the File regarding, Review,’’ dated February 29, 2016. ‘‘Administrative Review of the Antidumping Duty Cash Deposit Requirements 2 See Initiation of Antidumping and order on Stainless Steel Bar from India: Placing of The following cash deposit Countervailing Duty Administrative Reviews, 81 FR Customs and Border Protection (CBP) Entry 20324 (April 7, 2016) (Notice of Initiation). documents on the Record,’’ dated December 7, requirements will be effective for all 3 See Letter from Bhansali to the Department, 2016. shipments of the subject merchandise ‘‘Request for No Shipment during the Period of 9 Because of the proprietary nature of the entry entered, or withdrawn from warehouse, Review (POR),’’ dated May 4, 2016. documents, see the memorandum from Joseph for consumption on or after the 4 See Memorandum from Joseph Shuler, Shuler, International Trade Analyst to Alex publication date of the final results of International Trade Analyst, to the File regarding, Villanueva, Director, Antidumping and ‘‘Release of U.S. Customs and Border Protection Countervailing Duty Operations Training and this administrative review, as provided (CBP) Entry Data to Interested Parties for Professional Development Unit, ‘‘Stainless Steel Bar by section 751(a)(2)(C) of the Act: (1) Comment,’’ (CBP Entry Data Release Memo) dated from India: Preliminary Analysis Memorandum,’’ The cash deposit rate for Ambica and June 29, 2016. (Preliminary Analysis Memorandum) dated Bhansali will remain unchanged from 5 See CBP message 6264303 dated September 21, concurrently with this notice. 2016. 10 See 19 CFR 351.309(c)(1)(ii); see also 19 CFR the rate assigned to each company in the 6 See Letter from Ambica to the Department, 351.303 (for general filing requirements). ‘‘Request for No Shipment during the Period of 11 See 19 CFR 351.309(d)(1). 13 See 19 CFR 351.303(f). Review (POR),’’ dated May 4, 2016. 12 See 19 CFR 351.309(c)(2) and (d)(2). 14 See 19 CFR 351.310(c).

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completed segment for the most recent DEPARTMENT OF COMMERCE for this final determination, may be period for each company; (2) for other found in the accompanying Issues and producers and exporters covered in a International Trade Administration Decision Memorandum.2 prior segment of the proceeding, the [A–570–044] Period of Investigation cash deposit rate will continue to be the company-specific rate published for the 1,1,1,2 Tetrafluoroethane (R–134a) The period of investigation (‘‘POI’’) is completed segment for the most recent From the People’s Republic of China: July 1, 2015, through December 31, 2015. This period corresponds to the period of this proceeding in which that Final Determination of Sales at Less two most recent fiscal quarters prior to producer or exporter participated; (3) if Than Fair Value and Affirmative Determination of Critical the month of the filing of the petition, the exporter is not a firm covered in this which was March, 2016.3 review, a prior review, or the original Circumstances, in Part Scope Comments investigation, but the producer is, then AGENCY: Enforcement and Compliance, the cash deposit rate will be the rate International Trade Administration, In the Initiation Notice, the established for the completed segment Department of Commerce. Department set aside a period of time for the most recent period of this SUMMARY: The Department of Commerce for parties to address scope issues in proceeding for the producer of subject (‘‘Department’’) determines that 1,1,1,2 case briefs or other written comments 4 merchandise; and (4) the cash deposit Tetrafluoroethane (R–134a) (‘‘R134a’’) on scope issues. No interested party rate for all other producers or exporters from the People’s Republic of China provided comments on scope issues for will continue to be 12.45 percent, the (‘‘PRC’’) is being, or is likely to be, sold the Preliminary Determination; all-others rate established in the in the United States at less than fair however, certain parties did submit investigation.15 These cash deposit value (‘‘LTFV’’). The final weighted- comments on the scope of the requirements, when imposed, shall average dumping margins of sales at investigation in the case and rebuttal remain in effect until further notice. LTFV are listed below in the ‘‘Final briefs. The Department addresses these Determination Margins’’ section of this comments in the accompanying Issues Notification to Importers notice. and Decision Memorandum, but the scope of this investigation remains DATES: Effective March 1, 2017. This notice serves as a preliminary unchanged for this final determination.5 reminder to importers of their FOR FURTHER INFORMATION CONTACT: Paul responsibility under 19 CFR Stolz or Keith Haynes, AD/CVD Scope of the Investigation 351.402(f)(2) to file a certificate Operations, Office III, Enforcement and The product covered by this regarding the reimbursement of Compliance, International Trade investigation is 1,1,1,2 antidumping duties prior to liquidation Administration, U.S. Department of Tetrafluoroethane (R–134a) from the of the relevant entries during this Commerce, 1401 Constitution Avenue PRC. For a full description of the scope review period. Failure to comply with NW., Washington, DC 20230; telephone: of this investigation, see the ‘‘Scope of this requirement could result in the (202) 482–4474, and (202) 482–5139, the Investigation,’’ in Appendix I of this Secretary’s presumption that respectively. notice. reimbursement of antidumping duties SUPPLEMENTARY INFORMATION: Analysis of Comments Received occurred and the subsequent assessment of double antidumping duties. Background All issues raised in the case and On October 7, 2016, the Department rebuttal briefs by interested parties in Notification to Interested Parties published the Preliminary this investigation that are not related to the scope of this investigation are We are issuing and publishing these Determination of this antidumping duty (‘‘AD’’) investigation.1 In the addressed in the Issues and Decision preliminary results of administrative Memorandum, which is incorporated by review in accordance with sections Preliminary Determination, we postponed the final determination until reference by, and hereby adopted by, 751(a)(1) and 777(i)(1) of the Act. 6 no later than 135 days after the date of this notice. A list of these issues is Dated: February 22, 2017. publication of the Preliminary attached to this notice at Appendix II. Carole Showers, Determination in accordance with The Issues and Decision Memorandum section 735(a)(2) of the Tariff Act of is a public document and is on file Executive Director, Office of Policy, Policy electronically via Enforcement and & Negotiations. 1930, as amended (‘‘the Act’’) and invited interested parties to comment on Compliance’s Antidumping and [FR Doc. 2017–03959 Filed 2–28–17; 8:45 am] Countervailing Duty Centralized BILLING CODE 3510–DS–P our preliminary findings. A summary of the events that occurred since the 2 See Memorandum to Carole Showers, Executive Department published the Preliminary Director, Office of Policy, Policy & Negotiations, Determination, as well as a full (insert Carole’s title), ‘‘Issues and Decision discussion of the issues raised by parties Memorandum for the 1,1,1,2 Tetrafluoroethane (R–134a) from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value and 1 See 1,1,1,2-Tetrafluoroethane (R–134a) from the Affirmative Determination of Critical People’s Republic of China: Preliminary Circumstances, in Part,’’ dated concurrently with Determination of Sales at Less-Than-Fair Value and this notice (‘‘Issues and Decision Memorandum’’). Affirmative Determination of Critical 3 Circumstances, in Part, and Postponement of Final See 19 CFR 351.204(b)(1) and the Initiation Determination, 81 FR 69786 (October 7, 2016) and Notice. accompanying Preliminary Decision Memorandum, 4 See 1, 1, 1, 2-Tetrafluoroethane from the as later amended by 1,1,1,2-Tetrafluoroethane People’s Republic of China: Initiation of Less Than (R–134a) from the People’s Republic of China; Fair Value Investigation, 81 FR 18830 (April 1, Amended Preliminary Affirmative Determination of 2016) (‘‘Initiation Notice’’). 15 See Notice of Final Determination of Sales at Sales at Less-Than-Fair Value, 81 FR 86699 5 See the Issues and Decision Memorandum at Less Than Fair Value: Stainless Steel Bar from (December 1, 2016) (collectively, ‘‘Preliminary Comment 2. India, 59 FR 66915, 66921 (December 28, 1994). Determination’’). 6 Id.

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Electronic Service System (‘‘ACCESS’’). separate rate in this investigation.9 average dumping margin as the margin ACCESS is available to registered users Policy Bulletin 05.1 describes this for the separate rate companies. at https://access.trade.gov. The Issues practice.10 PRC-Wide Rate and Decision Memorandum is available Final Affirmative Determination of to all parties in the Central Records In our Preliminary Determination, we Critical Circumstances, in Part Unit, room B8024 of the main found that, pursuant to sections 776(a) Department of Commerce building. In In the Preliminary Determination, the and (b) of the Act, the PRC-wide entity addition, a complete version of the Department found that critical did not respond to the Department’s Issues and Decision Memorandum is circumstances exist with respect to requests for information, failed to available at http:// imports of R134a from the PRC provide necessary information, enforcement.trade.gov/frn/index.html. produced or exported by the PRC-wide withheld information requested by the The signed and electronic versions of entity and non-individually reviewed Department, failed to provide the Issues and Decision Memorandum producers/exporters entitled to a information in a timely manner, and are identical in content. separate rate.11 We are not modifying significantly impeded this proceeding Verification our findings for this final determination. by not submitting the requested Thus, pursuant to section 735(a)(3)(B) of information. As a result, we As provided in section 782(i) of the the Act and 19 CFR 351.206(h)(1)–(2), preliminarily determined to calculate Act, from November 9, 2016, through we find that critical circumstances exist the PRC-wide rate on the basis of November 16, 2016, we conducted a with respect to subject merchandise adverse facts available (‘‘AFA’’). For the verification of the sales and cost produced or exported by the PRC-wide final determination, we continue to responses submitted by Zhejiang entity and non-individually reviewed calculate the PRC-wide rate on the basis Sanmei Chemical Industry Co., Ltd. producers/exporters entitled to a of AFA, in accordance with sections (‘‘Sanmei’’). We issued a verification 12 7 separate rate. 776(a) and (b) of the Act. We are report on December 19, 2016. The applying Sanmei’s highest calculated Department used standard verification Separate Rate transaction-specific dumping rate of procedures, including an examination of Under section 735(c)(5)(A) of the Act, 167.02 percent, as AFA, to the PRC- relevant accounting and production the rate for all other companies that wide entity for this final records and original source documents have not been individually examined is determination.13 The transaction provided by respondents.8 normally an amount equal to the underlying this dumping margin is Changes Since the Preliminary weighted average of the estimated neither unusual in terms of transaction Determination weighted-average dumping margins quantities nor otherwise atypical, and Based on the Department’s analysis of established for exporters and producers does not reveal any of Sanmei’s the comments received and our findings individually investigated, excluding any proprietary data.14 There is no need to at verification, we made certain changes zero and de minimis margins, and any corroborate the selected margin because to Sanmei’s margin calculations. For a margins determined entirely on the it is based on information submitted by discussion of these changes, see the basis of facts available. In this final Sanmei in the course of this Issues and Decision Memorandum. determination, we calculated a investigation, i.e., it is not secondary weighted-average dumping margin for information.15 Combination Rates Sanmei (the only mandatory respondent Final Determination In the Initiation Notice, the eligible for a separate rate) which is not Department stated that it would zero, de minimis, or based entirely on The Department determines that the calculate combination rates for the facts available. Accordingly, we estimated final weighted-average respondents that are eligible for a determine to use Sanmei’s weighted- dumping margins are as follows:

Weighted- average Exporter Producer margin (percent)

Zhejiang Sanmei Chemical Industry Co., Ltd ...... Zhejiang Sanmei Chemical Industry Co., Ltd. and Jiangsu 148.79 Sanmei Chemicals Co., Ltd. Jiangsu Bluestar Green Technology Co., Ltd ...... Jiangsu Bluestar Green Technology Co., Ltd ...... 148.79 T.T. International Co., Ltd ...... Electrochemical Factory of Zhejiang Juhua Co., Ltd ...... 148.79 T.T. International Co., Ltd ...... Sinochem Environmental Protection Chemicals (Taicang) Co., 148.79 Ltd. T.T. International Co., Ltd ...... Zhejiang Quzhou Lianzhou Refrigerants Co., Ltd ...... 148.79

7 See the Department’s memorandum, Bulletin 05.1’’), available on the Department’s Web 13 See, e.g., Silica Bricks and Shapes from the ‘‘Verification of the Sales and Factors of Production site at http://enforcement.trade.gov/policy/bull05- People’s Republic of China: Preliminary Questionnaire Responses of Zhejiang Sanmei 1.pdf. Determination of Antidumping Duty Investigation Chemical Industry Co., Ltd. in the Antidumping 11 See the memorandum, ‘‘Less Than Fair Value and Postponement of Final Determination, 78 FR Investigation of 1,1,1,2-Tetrafluoroethane (R–134a) Investigation of 1,1,1,2 Tetrafluoroethane 37203 (June 20, 2013), and accompanying (‘‘R–134a’’) from the People’s Republic of China from the People’s Republic of China,’’ dated Preliminary Decision Memorandum at Comment 3. December 19, 2016 (‘‘Verification Report’’). (‘‘PRC’’): Critical Circumstances Import Data,’’ dated September 29, 2016. 14 See Certain Frozen Warmwater Shrimp from 8 Id. 12 Thailand: Final Results and Final Partial Rescission 9 For a full description of the methodology and See Initiation Notice, 81 FR at18834. results of our analysis, see the Issues and Decision of Antidumping Duty Administrative Review, 72 FR 10 See Enforcement and Compliance’s Policy Memorandum and see the memorandum, ‘‘Analysis 52065 (September 12, 2007) and accompanying Bulletin No. 05.1, regarding, ‘‘Separate-Rates for the Final Determination of the Less-Than-Fair- Issues and Decision Memorandum at Comment 2. Practice and Application of Combination Rates in Value Investigation of 1,1,1,2-Tetrafluoroethane (R 15 See 19 CFR 351.308(c) and (d) and section Antidumping Investigations involving Non-Market 134a) from the People’s Republic of China,’’ dated 776(c) of the Act. Economy Countries,’’ dated April 5, 2005 (‘‘Policy concurrently with this notice.

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Weighted- average Exporter Producer margin (percent)

T.T. International Co., Ltd ...... Zhejiang Sanmei Chemical Ind. Co., Ltd ...... 148.79 T.T. International Co., Ltd ...... Zhejiang Zhonglan Refrigeration Technology Co., Ltd ...... 148.79 Weitron International Refrigeration Equipment Co., Ltd ...... Sinochem Environmental Protection Chemicals (Taicang) Co., 148.79 Ltd. Weitron International Refrigeration Equipment Co., Ltd ...... Weitron International Refrigeration Equipment Co., Ltd ...... 148.79 Weitron International Refrigeration Equipment Co., Ltd ...... Zhejiang Organic Fluor-Chemistry Plant, Zhejiang Juhua Co., 148.79 Ltd. Weitron International Refrigeration Equipment Co., Ltd ...... Zhejiang Quhua Fluor-Chemistry Co., Ltd ...... 148.79 Weitron International Refrigeration Equipment Co., Ltd ...... Zhejiang Quhua Juxin Fluorochemical Industry Co., Ltd ...... 148.79 Weitron International Refrigeration Equipment Co., Ltd ...... Zhejiang Sanmei Chemical Industry Co., Ltd ...... 148.79 PRC-Wide Entity16 ...... 167.02

Disclosure dumping margin established for the destruction of APO materials or We intend to disclose to parties the PRC-wide entity; and (3) for all non-PRC conversion to judicial protective order is calculations performed in this exporters of merchandise under hereby requested. Failure to comply proceeding within five days of the consideration which have not received with the regulations and terms of an public announcement of this final their own separate rate above, the cash APO is a sanctionable violation. determination in accordance with 19 deposit rate will be equal to the cash This determination is issued and CFR 351.224(b). deposit rate applicable to the PRC published in accordance with sections exporter/producer combination that 735(d) and 777(i)(1) of the Act. Continuation of Suspension of supplied that non-PRC exporter. The Liquidation suspension of liquidation instructions Dated: February 21, 2017. Pursuant to section 735(c)(1)(B) of the will remain in effect until further notice. Carole Showers, Act, the Department will instruct U.S. Executive Director, Office of Policy, Policy International Trade Commission & Negotiations. Customs and Border Protection (‘‘CBP’’) Notification to continue to suspend liquidation of all Appendix I entries of R134a from the PRC, which In accordance with section 735(d) of were entered, or withdrawn from the Act, we will notify the International Scope of the Investigation warehouse, for consumption on or after Trade Commission (‘‘ITC’’) of the final The product subject to this investigation is July 9, 2016 (for those entities for which affirmative determination of sales at 1,1,1,2-Tetrafluoroethane, R–134a, or its we found critical circumstances exist) or LTFV. Because the final determination chemical equivalent, regardless of form, type, on or after October 7, 2016, the date of in this proceeding is affirmative, in or purity level. The chemical formula for publication in the Federal Register of accordance with section 735(b)(2) of the 1,1,1,2-Tetrafluoroethane is CF3-CH2F, and the affirmative Preliminary Act, the ITC will determine, within 45 the Chemical Abstracts Service registry number is CAS 811–97–2.18 Determination (for all entities for which days, whether the domestic industry in the United States is materially injured, Merchandise covered by the scope of this we did not find critical circumstances investigation is currently classified in the or threatened with material injury, by exist). Further, pursuant to section Harmonized Tariff Schedule of the United 735(c)(1)(B)(ii) of the Act, the reason of imports of R134a from the States (‘‘HTSUS’’) at subheading Department will instruct CBP to require PRC, or sales (or the likelihood of sales) 2903.39.2020. Although the HTSUS a cash deposit 17 equal to the weighted- for importation, of R134a from the PRC. subheading and CAS registry number are average amount by which the normal If the ITC determines that such injury provided for convenience and customs value exceeds U.S. price, as follows: (1) does not exist, this proceeding will be purposes, the written description of the For the exporter/producer combinations terminated and all securities posted will scope is dispositive. be refunded or canceled. If the ITC listed in the table above, the cash Appendix II deposit rate will be equal to the determines that such injury does exist, dumping margin which the Department the Department will issue an AD order List of Topics Discussed in the Issues and determined in this final determination; directing CBP to assess, upon further Decision Memorandum (2) for all combinations of PRC instruction by the Department, I. Summary exporters/producers of merchandise antidumping duties on all imports of the II. Background under consideration which have not subject merchandise entered, or III. Scope of the Investigation received their own separate rate above, withdrawn from warehouse, for IV. Final Determination of Critical Circumstances, in Part the cash deposit rate will be equal to the consumption on or after the effective date of the suspension of liquidation. V. Changes Since the Preliminary Determination 16 The PRC-Wide Entity includes Zhejiang Notification Regarding Administrative VI. Use of Adverse Facts Available Quzhou Lianzhou Refrigerants Co., Ltd., a VII. Discussion of the Issues mandatory respondent, as well as separate rate Protective Orders applicants Zhejiang Quhua Fluor-Chemistry Co., This notice also serves as a reminder Ltd., and Sinochem Environmental Protection 18 1,1,1,2-Tetrafluoroethane is sold under a Chemicals (Taicang) Co. Ltd. See Issues and to the parties subject to administrative number of trade names including Klea 134a and Decision Memorandum at comment 1 and protective order (‘‘APO’’) of their Zephex 134a (Mexichem Fluor); Genetron 134a Preliminary Determination at 17. responsibility concerning the (Honeywell); FreonTM 134a, Suva 134a, Dymel 17 See Modification of Regulations Regarding the disposition of propriety information 134a, and Dymel P134a (Chemours); Solkane 134a Practice of Accepting Bonds During the Provisional (Solvay); and Forane 134a (Arkema). Generically, Measures Period in Antidumping and disclosed under APO in accordance 1,1,1,2-Tetrafluoroethane has been sold as Countervailing Duty Investigations, 76 FR 61042 with 19 CFR 351.305(a)(3). Timely Fluorocarbon 134a, R–134a, HFC–134a, HF A–134a, (October 3, 2011). written notification of return or Refrigerant 134a, and UN3159.

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Comment 1: Whether the Department February 21, 2017.2 For a complete Alignment Correctly Denied Lianzhou and Quhua a description of the events that followed Separate Rate the initiation of this investigation, see As noted in the Preliminary Decision Comment 2: Whether the Scope of the the Preliminary Decision Memorandum, in accordance with Investigation Overlaps With an Existing Memorandum.3 A list of topics section 705(a)(1) of the Act and 19 CFR Order 351.210(b)(4), the Department is Comment 3: Whether Critical discussed in the Preliminary Decision Memorandum is included as Appendix aligning the final determination in this Circumstances Exist for Weitron countervailing duty (CVD) investigation Comment 4: Sanmei’s By-Product Offsets II to this notice. The Preliminary Comment 5: Selection of Inland Boat Decision Memorandum is a public with the final determination in the Freight Surrogate Value document and is on file electronically companion antidumping duty (AD) Comment 6: Use of the CYDSA Financial investigation of rebar from Turkey based via Enforcement and Compliance’s 7 Statement in Calculation of Surrogate Antidumping and Countervailing Duty on a request made by the petitioner. Financial Ratios Centralized Electronic Service System Consequently, the final CVD Comment 7: Revision of Sanmei’s determination will be issued on the Producer/Exporter Combinations (ACCESS). ACCESS is available to registered users at https:// same date as the final AD VIII. Recommendation determination, which is currently [FR Doc. 2017–03961 Filed 2–28–17; 8:45 am] access.trade.gov, and is available to all parties in the Central Records Unit, scheduled to be issued no later than BILLING CODE 3510–DS–P room B8024 of the main Department of May 15, 2017, unless postponed. Commerce building. In addition, a All-Others Rate DEPARTMENT OF COMMERCE complete version of the Preliminary Decision Memorandum can be accessed Sections 703(d) and 705(c)(5)(A) of International Trade Administration directly at http://enforcement.trade.gov/ the Act provide that, in the preliminary determination, the Department shall [C–489–830] frn/. The signed and electronic versions of the Preliminary Decision determine an estimated all-others rate for companies not individually Steel Concrete Reinforcing Bar From Memorandum are identical in content. examined. This rate shall be an amount the Republic of Turkey: Preliminary Scope of the Investigation equal to the weighted average of the Affirmative Countervailing Duty estimated subsidy rates established for Determination and Alignment of Final The product covered by this those companies individually Countervailing Duty Determination investigation is rebar from Turkey. For examined, excluding any zero and de With Final Antidumping Duty a complete description of the scope of minimis rates and any rates based Determination the investigation, see Appendix I to this notice. entirely on facts otherwise available AGENCY: Enforcement and Compliance, under section 776 of the Act. Scope Comments International Trade Administration, The Department calculated an Department of Commerce. In accordance with the Preamble to individual estimated countervailable 4 SUMMARY: The Department of Commerce the Department’s regulations, the subsidy rate for Habas¸ Sinai ve Tibbi (the Department) preliminarily Initiation Notice set aside a period of Gazlar Istihsal Endu¨ strisi A.S¸. (Habas), determines that countervailable time for parties to raise issues regarding the only individually examined 5 subsidies are being provided to product coverage (i.e., scope). No exporter/producer in this investigation. producers and exporters of steel interested party commented on the Because the only individually concrete reinforcing bar (rebar) from the scope of the investigation as it appeared calculated rate is not zero, de minimis, Republic of Turkey (Turkey). The period in the Initiation Notice. or based entirely on facts otherwise of investigation is January 1, 2015, Methodology available, the individual estimated rate through December 31, 2015. calculated for Habas is the rate assigned The Department is conducting this DATES: Effective March 1, 2017. to all other producers and exporters, investigation in accordance with section FOR FURTHER INFORMATION CONTACT: pursuant to section 705(c)(5)(A)(i) of the 701 of the Act. For each of the subsidy Kaitlin Wojnar, AD/CVD Operations, Act. Office VII, Enforcement and programs found countervailable, the Compliance, International Trade Department preliminarily determines Preliminary Determination Administration, U.S. Department of that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that The Department preliminarily Commerce, 1401 Constitution Avenue determines that the following estimated NW., Washington, DC 20230; telephone: gives rise to a benefit to the recipient, 6 countervailable subsidy rates exist: (202) 482–3857. and that the subsidy is specific. SUPPLEMENTARY INFORMATION: Company Subsidy rate 2 See Steel Concrete Reinforcing Bar from the Background Republic of Turkey: Postponement of Preliminary Determination in Countervailing Duty Investigation, Habas¸ Sinai ve Tibbi Gazlar 8 This preliminary determination is 81 FR 86701 (December 1, 2016). Istihsal Endu¨strisi A.S¸ . .... 3.47 percent issued in accordance with section 3 See Department Memorandum, ‘‘Decision All-Others ...... 3.47 percent 703(b) of the Tariff Act of 1930, as Memorandum for the Preliminary Determination in the Countervailing Duty Investigation of Steel amended (the Act). The Department Concrete Reinforcing Bar from the Republic of The scope of this countervailing duty published the notice of initiation of this Turkey,’’ dated concurrently with and hereby investigation covers only rebar investigation on October 18, 2016.1 On adopted by this notice (Preliminary Decision 7 December 1, 2016, the Department Memorandum). See Letter from the Rebar Trade Action 4 See Antidumping Duties; Countervailing Duties: Coalition and its individual members, ‘‘Steel postponed the preliminary Final Rule, 62 FR 27296, 27323 (May 19, 1997) Concrete Reinforcing Bar from Turkey: Request to determination of this investigation until (Preamble). Align Countervailing Duty Final Determination 5 See Initiation Notice, 81 FR at 71706. with Antidumping Duty Final Determination,’’ 1 See Steel Concrete Reinforcing Bar from the 6 See sections 771(5)(B) and (D) of the Act February 1, 2017. Republic of Turkey: Initiation of Countervailing (regarding financial contribution); see also section 8 As discussed in the Preliminary Decision Duty Investigation, 81 FR 71705 (October 18, 2016) 771(5)(E) of the Act (regarding benefit); section Memorandum, the Department has found the (Initiation Notice). 771(5A) of the Act (regarding specificity). Continued

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produced and/or exported by companies Secretary for Enforcement and Dated: February 21, 2017. excluded from the existing 2014 Turkey Compliance via ACCESS no later than Carole Showers, CVD Order. Currently, only Habas is seven days after the date on which the Executive Director, Office of Policy, Policy excluded from the existing order and, last verification report is issued in this & Negotiations. therefore, no companies will be subject investigation. Rebuttal briefs, limited to Appendix I to the all-others rate indicated above at issues raised in case briefs, may be this time, and cash deposits discussed submitted no later than five days after Scope of the Investigation below will apply solely to rebar the deadline for case briefs.10 Pursuant The merchandise subject to this produced and/or exported by Habas. investigation is steel concrete reinforcing bar to 19 CFR 351.309(c)(2) and (d)(2), imported in either straight length or coil form Suspension of Liquidation parties who submit case briefs or (rebar) regardless of metallurgy, length, In accordance with sections rebuttal briefs in this investigation are diameter, or grade or lack thereof. Subject 703(d)(1)(B) and (d)(2) of the Act, the encouraged to submit the following with merchandise includes deformed steel wire each argument: (1) A statement of the with bar markings (e.g., mill mark, size, or Department will direct U.S. Customs grade) and which has been subjected to an and Border Protection (CBP) to suspend issue, (2) a brief summary of the elongation test. liquidation of entries of subject argument, and (3) a table of authorities. The subject merchandise includes rebar merchandise, as described in the ‘‘Scope Pursuant to 19 CFR 351.310(c), that has been further processed in the subject of the Investigation’’ section, entered, or interested parties who wish to request a country or a third country, including but not withdrawn from warehouse, for limited to cutting, grinding, galvanizing, hearing, limited to issues raised in case painting, coating, or any other processing consumption on or after the date of and rebuttal briefs, must submit a that would not otherwise remove the publication of this notice in the Federal written request to the Assistant merchandise from the scope of the Register. Furthermore, pursuant to 19 Secretary for Enforcement and investigation if performed in the country of CFR 351.205(d), the Department will Compliance, U.S. Department of manufacture of the rebar. instruct CBP to require a cash deposit Specifically excluded are plain rounds Commerce, within 30 days after the (i.e., nondeformed or smooth rebar). Also equal to the rate indicated above for publication of this notice. Requests Habas¸. excluded from the scope is deformed steel should contain the party’s name, wire meeting ASTM A1064/A1064M with no Disclosure address, and telephone number, the bar markings (e.g., mill mark, size, or grade) number of participants, whether any and without being subject to an elongation The Department intends to disclose test. the calculations and analysis performed participant is a foreign national, and a At the time of the filing of the petition, in this preliminary determination to list of the issues to be discussed. If a there was an existing countervailing duty interested parties within five days of its request for a hearing is made, the order on steel reinforcing bar from the public announcement or, if there is no Department intends to hold the hearing Republic of Turkey. Steel Concrete public announcement, within five days at the U.S. Department of Commerce, Reinforcing Bar From the Republic of Turkey, 79 FR 65,926 (Dep’t Commerce Nov. 6, 2014) of the date of this notice in accordance 1401 Constitution Avenue NW., (2014 Turkey CVD Order). The scope of this with 19 CFR 351.224(b). Washington, DC 20230, at a date and countervailing duty investigation with regard Verification time to be determined. Parties should to rebar from Turkey covers only rebar confirm by telephone the date, time, and produced and/or exported by those As provided in section 782(i)(1) of the location of the hearing two days before companies that are excluded from the 2014 Act, the Department intends to verify the scheduled date. Turkey CVD Order. At the time of the the information relied upon in making issuance of the 2014 Turkey CVD Order, its final determination. International Trade Commission Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. was the only excluded Public Comment Notification Turkish rebar producer or exporter. For reasons discussed in the In accordance with section 703(f) of The subject merchandise is classifiable in the Harmonized Tariff Schedule of the Preliminary Determination the Act, the Department will notify the United States (HTSUS) primarily under item Memorandum, the Department invites International Trade Commission (ITC) of numbers 7213.10.0000, 7214.20.0000, and interested parties to submit monthly its determination. If the determination is 7228.30.8010. The subject merchandise may natural gas price data to the Assistant affirmative, the ITC will make its final also enter under other HTSUS numbers Secretary for Enforcement and determination before the later of 120 including 7215.90.1000, 7215.90.5000, Compliance via ACCESS for purposes of 7221.00.0017, 7221.00.0018, 7221.00.0030, days after the date of this preliminary 7221.00.0045, 7222.11.0001, 7222.11.0057, valuing the provision of natural gas for determination or 45 days after the final 7222.11.0059, 7222.30.0001, 7227.20.0080, less than adequate remuneration and/or determination. 7227.90.6030, 7227.90.6035, 7227.90.6040, comment on the natural gas price data 7228.20.1000, and 7228.60.6000. that is currently on the record within 10 Notification to Interested Parties HTSUS numbers are provided for days of the publication of this notice.9 convenience and customs purposes; This determination is issued and Rebuttal comments may be submitted however, the written description of the scope within five days after the deadline for published pursuant to sections 703(f) remains dispositive. and 777(i) of the Act and 19 CFR new monthly price data and initial Appendix II comments. 351.205(c). Case briefs or other written comments List of Topics Discussed in the Preliminary may also be submitted to the Assistant Decision Memorandum I. Summary following companies to be cross-owned with Habas: II. Background Habas¸ Elektrik U¨ retim A.S¸., Habas¸ Endu¨ stri III. Scope Comments Tesisleri A.S¸., Habas¸ Petrol A.S¸., and Mertas¸ IV. Scope of the Investigation Turizm Nakliyat ve Ticaret A.S¸. V. Alignment 9 See Preliminary Determination Memorandum at 10 See 19 CFR 351.309; see also 19 CFR 351.303 VI. Respondent Selection 11–12. for general filing requirements. VII. Injury Test

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VIII. Subsidies Valuation Tension Steel.3 On January 9, 2017, responsibility concerning the IX. Analysis of Programs Tension Steel timely withdrew its disposition of proprietary information X. Conclusion request for an administrative review.4 disclosed under APO in accordance [FR Doc. 2017–03958 Filed 2–28–17; 8:45 am] No other party requested an with 19 CFR 351.305(a)(3). Timely BILLING CODE 3510–DS–P administrative review. written notification of the return or destruction of APO materials or Rescission of Review conversion to judicial protective order is DEPARTMENT OF COMMERCE Pursuant to 19 CFR 351.213(d)(1), the hereby requested. Failure to comply Department will rescind an with the regulations and the terms of an International Trade Administration administrative review, ‘‘in whole or in APO is a sanctionable violation. part, if a party that requested a review We intend to issue and publish this [A–583–850] withdraws the request within 90 days of notice in accordance with sections the date of publication of notice of 751(a)(1) and 777(i)(1) of the Act and 19 Certain Oil Country Tubular Goods initiation of the requested review.’’ CFR 351.213(d)(4). From Taiwan: Rescission of Tension Steel withdrew its request for Dated: February 21, 2017. Antidumping Duty Administrative review within the 90-day time limit. Gary Taverman, Review; 2015–2016 Because we received no other requests for an administrative review of Tension Associate Deputy Assistant Secretary for AGENCY: Enforcement and Compliance, Antidumping and Countervailing Duty Steel and no other requests for International Trade Administration, Operations. administrative review of the order on Department of Commerce. [FR Doc. 2017–03960 Filed 2–28–17; 8:45 am] OCTG from Taiwan with respect to SUMMARY: The Department of Commerce other companies subject to the order, we BILLING CODE 3510–DS–P (the Department) is rescinding the are rescinding the administrative review administrative review of the of the order in full, in accordance with DEPARTMENT OF COMMERCE antidumping duty order on certain oil 19 CFR 351.213(d)(1). country tubular goods from Taiwan for International Trade Administration the period September 1, 2015, through Assessment August 31, 2016. The Department will instruct U.S. [A–351–825] Customs and Border Protection (CBP) to DATES: Effective March 1, 2017. Stainless Steel Bar From Brazil: assess antidumping duties on all FOR FURTHER INFORMATION CONTACT: Preliminary Results of Antidumping appropriate entries of OCTG from Michael A. Romani or Minoo Hatten, Duty Administrative Review; 2015– Taiwan during the POR at rates equal to AD/CVD Operations, Office I, 2016 the cash deposit rate of estimated Enforcement and Compliance, antidumping duties required at the time AGENCY: International Trade Administration, Enforcement and Compliance, of entry, or withdrawal from warehouse, U.S. Department of Commerce, 1401 International Trade Administration, for consumption, in accordance with 19 Constitution Avenue NW., Washington, Department of Commerce. CFR 351.212(c)(1)(i). The Department DC 20230; telephone: (202) 482–0198 or SUMMARY: The Department of Commerce intends to issue appropriate assessment (202) 482–1690, respectively. (the Department) is conducting an instructions to CBP 15 days after administrative review of the SUPPLEMENTARY INFORMATION: publication of this notice in the Federal antidumping duty order on stainless Background Register. steel bar (SSB) from Brazil. The period of review (POR) is February 1, 2015, On September 8, 2016, the Notification to Importers through January 31, 2016. The review Department published a notice of This notice serves as a final reminder covers one producer/exporter of the opportunity to request an administrative to importers of their responsibility subject merchandise, Villares Metals review of the antidumping duty order under 19 CFR 351.402(f)(2) to file a S.A. (Villares). We preliminarily find on certain oil country tubular goods certificate regarding the reimbursement that subject merchandise has not been (OCTG) from Taiwan for the period of of antidumping duties prior to sold at less than normal value. We review (POR) September 1, 2015, liquidation of the relevant entries invite interested parties to comment on through August 31, 2016.1 during this review period. Failure to these preliminary results. On September 27, 2016, Tension Steel comply with this requirement could DATES: Effective March 1, 2017. Industries Co., Ltd. (Tension Steel), result in the Department’s presumption FOR FURTHER INFORMATION CONTACT: requested an administrative review of that reimbursement of antidumping the order with respect to its entries of duties occurred and the subsequent Hermes Pinilla or Minoo Hatten, AD/ subject merchandise during the POR.2 assessment of doubled antidumping CVD Operations, Office I, Enforcement On November 9, 2016, in accordance duties. and Compliance, International Trade with section 751(a) of the Tariff Act of Administration, U.S. Department of 1930, as amended (the Act) and 19 CFR Notification Regarding Administrative Commerce, 1401 Constitution Avenue 351.221(c)(1)(i), we initiated an Protective Order NW., Washington, DC 20230; telephone: administrative review of the order on This notice also serves as a reminder (202) 482–3477, and (202) 482–1690, OCTG from Taiwan with respect to to parties subject to administrative respectively. protective order (APO) of their SUPPLEMENTARY INFORMATION: 1 See Antidumping or Countervailing Duty Order, Scope of the Order Finding, or Suspended Investigation; Opportunity 3 See Initiation of Antidumping and to Request Administrative Review, 81 FR 62096 Countervailing Duty Administrative Reviews, 81 FR The merchandise subject to the order (September 8, 2016). 78778 (November 9, 2016). is SSB. The SSB subject to the order is 2 See Letter from Tension Steel to the Secretary 4 See Letter from the petitioners to the Secretary of Commerce entitled, ‘‘Oil Country Tubular Goods entitled, ‘‘Oil Country Tubular Goods from Taiwan; currently classifiable under subheadings from Taiwan; Administrative Review Request,’’ Withdrawal of Administrative Review Request,’’ 7222.1000, 7222.1100, 7222.1900, dated September 27, 2016. dated January 9, 2017. 7222.2000, 7222.3000 of the

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Harmonized Tariff Schedule of the raised in the case briefs, may be filed company(ies) involved in the United States (HTSUS). While the not later than five days after the date for transaction. We intend to issue HTSUS subheadings are provided for filing case briefs.2 Parties who submit instructions to CBP 15 days after convenience and customs purposes, the case briefs or rebuttal briefs in this publication of the final results of this written description is dispositive. A full proceeding are encouraged to submit review. description of the scope of the order is with each argument: (1) A statement of contained in the Preliminary Decision the issue; (2) a brief summary of the Cash Deposit Requirements Memorandum.1 argument; and (3) a table of authorities.3 Pursuant to 19 CFR 351.310(c), The following deposit requirements Methodology interested parties who wish to request a will be effective upon publication of the The Department conducted this hearing, must submit a written request notice of final results of administrative review in accordance with section to the Acting Assistant Secretary for review for all shipments of SSB from 751(a)(2) of the Tariff Act of 1930, as Enforcement and Compliance, filed Brazil entered, or withdrawn from amended (the Act). Constructed export electronically via ACCESS. An warehouse, for consumption on or after price and export price are calculated in electronically filed document must be the date of publication as provided by accordance with section 772 of the Act. received successfully in its entirety by section 751(a)(2) of the Act: (1) The cash Normal value is calculated in the Department’s electronic records deposit rate for Villares will be the rate accordance with section 773 of the Act. system, ACCESS, by 5 p.m. Eastern established in the final results of this For a full description of the Time within 30 days after the date of administrative review; (2) for methodology underlying our publication of this notice.4 Requests merchandise exported by manufacturers conclusions, see Preliminary Decision should contain: (1) The party’s name, or exporters not covered in this review Memorandum. The Preliminary address and telephone number; (2) the but covered in a prior segment of the Decision Memorandum is a public number of participants; and (3) a list of proceeding, the cash deposit rate will document and is made available to the issues to be discussed. Issues raised in continue to be the company-specific rate public via Enforcement and the hearing will be limited to those published for the most recent period; (3) Compliance’s Antidumping and raised in the respective case briefs. The Countervailing Duty Centralized if the exporter is not a firm covered in Department intends to issue the final this review, a prior review, or the Electronic Service System (ACCESS). results of this administrative review, ACCESS is available to registered users original investigation but the producer including the results of its analysis of is, the cash deposit rate will be the rate at http://access.trade.gov and to all the issues raised in any written briefs, established for the most recent period parties in the Department’s Central not later than 120 days after the date of for the producer of the merchandise; (4) Records Unit, located at room B8024 of publication of this notice, unless the cash deposit rate for all other the main Department of Commerce extended, pursuant to section building. In addition, a complete 751(a)(3)(A) of the Act. producers or exporters will continue to version of the Preliminary Decision be 19.43 percent, the all-others rate Memorandum can be found at http:// Assessment Rates established in the LTFV Stainless Steel enforcement.trade.gov/frn/index.html. If Villares’ weighted-average dumping Bar From Brazil.6 These cash deposit A list of the topics discussed in the margin is above de minimis in the final requirements, when imposed, shall Preliminary Decision Memorandum is results of this review, we will calculate remain in effect until further notice. attached as an Appendix to this notice. an importer-specific assessment rate on Notification to Importers Preliminary Results of Review the basis of the ratio of the total amount of antidumping duties calculated for As a result of this review, we This notice serves as a preliminary each importer’s examined sales and the reminder to importers of their preliminarily determine that a total entered value of the sales in weighted-average dumping margin of responsibility under 19 CFR accordance with 19 CFR 351.212(b)(1). 351.402(f)(2) to file a certificate 0.00 percent exists for Villares for the If Villares’ weighted-average dumping regarding the reimbursement of period February 1, 2015, through margin continues to be zero or de antidumping duties prior to liquidation January 31, 2016. minimis in the final results of review, of the relevant entries during this Disclosure and Public Comment we will instruct U.S. Customs and Border Protection (CBP) not to assess review period. Failure to comply with We intend to disclose the calculations this requirement could result in the performed to parties in this proceeding duties on any of its entries in accordance with the Final Modification Secretary’s presumption that within five days after public 5 reimbursement of antidumping duties announcement of the preliminary for Reviews. For entries of subject merchandise occurred and the subsequent assessment results in accordance with 19 CFR during the POR produced by Villares for of double antidumping duties. 351.224(b). Pursuant to 19 CFR which it did not know its merchandise 351.309(c), interested parties may We are issuing and publishing these was destined for the United States, we submit case briefs not later than 30 days results in accordance with sections will instruct CBP to liquidate after the date of publication of this 751(a)(1) and 777(i)(1) of the Act and 19 unreviewed entries at the all-others rate notice. Rebuttal briefs, limited to issues CFR 351.221. if there is no rate for the intermediate 1 See the Memorandum from Gary Taverman, 2 Associate Deputy Assistant Secretary for See 19 CFR 351.309(d). Antidumping and Countervailing Duty Operations, 3 See 19 CFR 351.303 (for general filing to Ronald Lorentzen, Acting Assistant Secretary for requirements). Enforcement and Compliance, ‘‘Decision 4 See 19 CFR 351.310(c). Memorandum for Preliminary Results of 5 See Antidumping Proceedings: Calculation of 6 Antidumping Duty Administrative Review: the Weighted-Average Dumping Margin and See Notice of Final Determination of Sales at Stainless Steel Bar from Brazil,’’ dated concurrently Assessment Rate in Certain Antidumping Less Than Fair Value: Stainless Steel Bar From with, and hereby adopted by this notice Proceedings: Final Modification, 77 FR 8101, 8102 Brazil, 59 FR 66914 (December 28, 1994) (LTFV (Preliminary Decision Memorandum). (February 14, 2012). Stainless Steel Bar From Brazil).

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Dated: February 23, 2017. 2017. Please note admittance Public Participation: The ISPAB Carole Showers, instructions under the SUPPLEMENTARY agenda will include a period of time, Executive Director, Office of Policy, Policy INFORMATION section of this notice. not to exceed thirty minutes, for oral & Negotiations. FOR FURTHER INFORMATION CONTACT: comments from the public (Thursday, March 30, 2017, between 3:00 p.m. and Appendix—List of Topics Discussed in Matthew Scholl, Information Technology Laboratory, NIST, 100 3:30 p.m.). Speakers will be selected on the Preliminary Decision a first-come, first served basis. Each Memorandum: Bureau Drive, Stop 8930, Gaithersburg, MD 20899–8930, telephone: (301) 975– speaker will be limited to five minutes. I. Summary 2941, Email address: [email protected]. Questions from the public will not be II. Background SUPPLEMENTARY INFORMATION: Pursuant considered during this period. Members III. Scope of the Order to the Federal Advisory Committee Act, of the public who are interested in IV. Discussion of the Methodology as amended, 5 U.S.C. App., notice is speaking are requested to contact 1) Comparisons to Normal Value Matthew Scholl at the contact A. Determination of Comparison Method hereby given that the ISPAB will meet information indicated in the FOR B. Results of Differential Pricing Analysis Wednesday, March 29, 2017, from 9:00 2) Product Comparisons a.m. until 5:00 p.m., Eastern Time, FURTHER INFORMATION CONTACT section of 3) Date of Sale Thursday, March 30, 2017, from 9:00 this notice. 4) Level of Trade/CEP Offset a.m. until 5:00 p.m., Eastern Time, and Speakers who wish to expand upon 5) Export Price and Constructed Export Friday, March 31, 2017 from 9:00 a.m. their oral statements, those who had Price until 12:00 p.m. Eastern Time. All wished to speak but could not be 6) Normal Value sessions will be open to the public. The accommodated on the agenda, and those A. Home Market Viability and Comparison ISPAB is authorized by 15 U.S.C. 278g– who were unable to attend in person are Market invited to submit written statements. In B. Cost of Production 4, as amended, and advises the National Institute of Standards and Technology addition, written statements are invited 1. Calculation of Cost of Production and may be submitted to the ISPAB at 2. Test of Comparison Market Sales Prices (NIST), the Secretary of Homeland 3. Results of the COP Test Security, and the Director of the Office any time. All written statements should C. Calculation of Normal Value Based on of Management and Budget (OMB) on be directed to the ISPAB Secretariat, Comparison Market Prices security and privacy issues pertaining to Information Technology Laboratory, 100 V. Currency Conversion Federal government information Bureau Drive, Stop 8930, National VI. Recommendation systems, including thorough review of Institute of Standards and Technology, [FR Doc. 2017–03979 Filed 2–28–17; 8:45 am] proposed standards and guidelines Gaithersburg, MD 20899–8930. BILLING CODE 3510–DS–P developed by NIST. Details regarding Kevin Kimball, the ISPAB’s activities are available at Chief of Staff. http://csrc.nist.gov/groups/SMA/ispab/ [FR Doc. 2017–03970 Filed 2–28–17; 8:45 am] DEPARTMENT OF COMMERCE index.html. The agenda is expected to include the BILLING CODE 3510–13–P National Institute of Standards and following items: Technology —Presentation relating to impacts of DEPARTMENT OF COMMERCE Open Meeting of the Information federal hiring restrictions on the National Oceanic and Atmospheric Security and Privacy Advisory Board cybersecurity workforce, —The Department of Homeland Administration AGENCY: National Institute of Standards Security’s (DHS’s) plans for and Technology, Commerce. incorporating voting systems as Proposed Information Collection; Comment Request; Cost-Earnings ACTION: Notice. critical infrastructure, —The use of bug bounties in the US Survey of Mariana Archipelago Small SUMMARY: The Information Security and Government, Boat Fleet —Presentation on Cybersecurity Privacy Advisory Board (ISPAB) will AGENCY: National Oceanic and meet Wednesday, March 29, 2017 from Framework and the US Government, —Discussions with OMB on current and Atmospheric Administration (NOAA), 9:00 a.m. until 5:00 p.m., Eastern Time, Commerce. Thursday, March, 30, 2017, from 9:00 planned policy for cybersecurity, ACTION: Notice. a.m. until 5:00 p.m., Eastern Time, and —Actions and activities to prevent Distributed Denial of Service Attacks, Friday, March 31, 2017 from 9:00 a.m. SUMMARY: —Presentation on DHS’s Mobility The Department of until 12:00 p.m. Eastern Time. All Study, Commerce, as part of its continuing sessions will be open to the public. —Panel discussion/presentation on effort to reduce paperwork and DATES: The meeting will be held on National Telecommunications and respondent burden, invites the general Wednesday, March 29, 2017, from 9:00 Information Administration Internet public and other Federal agencies to a.m. until 5:00 p.m., Eastern Time, of Things report, take this opportunity to comment on Thursday, March 30, 2017, from 9:00 —Discussion on Ransomware and proposed and/or continuing information a.m. until 5:00 p.m., Eastern Time, and lessons learned from invited collections, as required by the Friday, March 31, 2017 from 9:00 a.m. panelists, and Paperwork Reduction Act of 1995. until 12:00 p.m. Eastern Time. —Updates on NIST Information DATES: Written comments must be ADDRESSES: The meeting will be held at Technology Laboratory’s Computer submitted on or before May 1, 2017. the National Press Club Building, 519 Security Division. ADDRESSES: Direct all written comments 14th St. NW., Washington, DC, 13th Note that agenda items may change to Jennifer Jessup, Departmental Floor on Wednesday, March 29th and without notice. The final agenda will be Paperwork Clearance Officer, Thursday, March 30th, 2017. The posted on the Web site indicated above. Department of Commerce, Room 6616, meeting will be held at the Dirksen Seating will be available for the public 14th and Constitution Avenue NW., Senate Office Building, Room R–253 in and media. Pre-registration is not Washington, DC 20230 (or via the Washington, DC on Friday, March 31st, required to attend this meeting. Internet at [email protected]).

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FOR FURTHER INFORMATION CONTACT: IV. Request for Comments Nautical Discrepancy Report System at Requests for additional information or Comments are invited on: (a) Whether http://ocsdata.ncd.noaa.gov/idrs/ copies of the information collection the proposed collection of information discrepancy.aspx, or via mail to instrument and instructions should be is necessary for the proper performance National Ocean Service, NOAA (NCS2), directed to Justin Hospital, Pacific of the functions of the agency, including ATTN National Charting Plan, 1315 Islands Fisheries Science Center, 1845 whether the information shall have East-West Highway, Silver Spring MD Wasp Blvd., Building 176, Honolulu, HI practical utility; (b) the accuracy of the 20910–3282. 96818, (808) 725–5399 or agency’s estimate of the burden FOR FURTHER INFORMATION CONTACT: [email protected]. (including hours and cost) of the Colby Harmon, telephone 301–713– proposed collection of information; (c) SUPPLEMENTARY INFORMATION: 2737, ext.187; email: colby.harmon@ ways to enhance the quality, utility, and I. Abstract clarity of the information to be noaa.gov. This request is for a new information collected; and (d) ways to minimize the SUPPLEMENTARY INFORMATION: The first collection. burden of the collection of information complete nautical chart published by The National Marine Fisheries Service on respondents, including through the the Coast Survey of New York Harbor (NMFS) proposes to collect information use of automated collection techniques was in 1844. The format, information, about fishing expenses and catch or other forms of information and intended uses of this first chart technology. distribution (the share of fish that is were quite similar to the raster charts Comments submitted in response to sold, retained for home consumption, that NOAA continues to make today. directed to customary exchange, etc.) for this notice will be summarized and/or included in the request for OMB Although NOAA still produces the Mariana Archipelago small boat- ‘‘traditional’’ raster nautical charts, a sea based reef fish, bottomfish, and pelagics approval of this information collection; they also will become a matter of public change in chart production methods and fisheries with which to conduct the art of navigation began in the mid- economic analyses that will improve record. 1990s when Global Positioning System fishery management in those fisheries; Dated: February 23, 2017. (GPS) technology and electronic satisfy NMFS’ legal mandates under Sarah Brabson, navigational charts (ENCs) became Executive Order 12866, the Magnuson- NOAA PRA Clearance Officer. available to the public. Stevens Fishery Conservation and [FR Doc. 2017–03910 Filed 2–28–17; 8:45 am] Since the introduction of ENCs thirty Management Act (U.S.C. 1801 et seq.), BILLING CODE 3510–22–P the Regulatory Flexibility Act, the years ago, the size of commercial vessels Endangered Species Act, and the has increased more than four-fold and National Environmental Policy Act; and DEPARTMENT OF COMMERCE modern navigational systems have quantify achievement of the become more sophisticated. There are performances measures in the NMFS National Oceanic and Atmospheric over 15 million recreational boats in the Strategic Operating Plans. Respondents Administration U.S. and recreational boaters have will include small boat fishers in joined professional mariners in using Release of the Draft National Charting Mariana Archipelago (Guam and the electronic chart displays to ply the Plan Commonwealth of the Northern Mariana nation’s waters. Users of all types are Islands) and their participation in the AGENCY: Office of Coast Survey, expecting improved ease of access to economic data collection will be National Ocean Service, National more precise, higher resolution charts voluntary. These data will be used to Oceanic and Atmospheric that deliver the most up to date assess how fishermen will be impacted Administration (NOAA), Department of information possible. by and respond to regulations likely to Commerce. be considered by fishery managers. Coast Survey has developed a number ACTION: Request for comments. of strategies to meet this growing II. Method of Collection SUMMARY: The NOAA Office of Coast demand for greater performance in our Survey forms in paper will be self- Survey has released a draft National products and services. These changes completed by respondents or by Charting Plan. The plan describes the allow us to be more responsive to interviewers. current set of NOAA nautical chart changing public needs for navigation data. In this context, Coast Survey has III. Data products and their distribution, as well as some of the steps Coast Survey is developed a national charting plan to OMB Control Number: 0648–XXXX. taking to improve NOAA charts, outline the next steps for further Form Number(s): None. including changes to chart formats, improvement over the next generation. Type of Review: Regular submission scales, data compilation, and The national charting plan is responsive (request for a new information symbology. The purpose of the plan is to years of formal and informal feedback collection). to solicit feedback from nautical chart on our products from the public and our Affected Public: Business or other for- users regarding proposed changes to partners. We are committed to ensuring profit organizations. NOAA’s paper and electronic chart that our products evolve with the Estimated Number of Respondents: products. Coast Survey invites written changing needs of our many 270. comments on this plan that is available stakeholders. Comments received from Estimated Time per Response: 45 from https://nauticalcharts.noaa.gov/ nautical chart users about the National minutes. staff/news/2017/ Charting Plan will help us fulfil this Estimated Total Annual Burden nationalchartingplan.html. commitment. DATES: Hours: 203. Comments are due by midnight, Authority: 33 U.S.C. Chapter 17, Coast and Estimated Total Annual Cost to June 1, 2017. Geodetic Survey Act of 1947. Public: $0 in recordkeeping/reporting ADDRESSES: Submit comments on the costs. National Charting Plan through NOAA’s

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Dated: February 16, 2017. noaa.gov. The HSRP will provide Dated: February 10, 2017. Kathryn Ries, webinar capability for the public Shepard Smith, Deputy Director, Office of Coast Survey, sessions. Pre-registration is required to Director, Office of Coast Survey, National National Ocean Service, National Oceanic access the webinar. Additional Ocean Service, National Oceanic and and Atmospheric Administration. information on the webinar will be Atmospheric Administration. [FR Doc. 2017–03936 Filed 2–28–17; 8:45 am] posted and is available from [FR Doc. 2017–03934 Filed 2–28–17; 8:45 am] BILLING CODE 3510–JE–P [email protected] or online at: BILLING CODE 3510–JE–P http://www.nauticalcharts.noaa.gov/ ocs/hsrp/meetings_seattle2017.htm. DEPARTMENT OF COMMERCE The Hydrographic Services Review DEPARTMENT OF DEFENSE Panel (HSRP) is a Federal Advisory National Oceanic and Atmospheric Committee established to advise the Office of the Secretary Administration Under Secretary of Commerce for Oceans and Atmosphere, the NOAA Final Environmental Impact Statement Hydrographic Services Review Panel Administrator, on matters related to the for the East Campus Integration Meeting responsibilities and authorities set forth Program, Fort Meade, Maryland AGENCY: National Ocean Service, in section 303 of the Hydrographic AGENCY: Department of Defense. National Oceanic and Atmospheric Services Improvement Act of 1998, as Administration(NOAA), Department of amended, and such other appropriate ACTION: Notice of availability. Commerce. matters that the Under Secretary refers to the Panel for review and advice. The SUMMARY: The Department of Defense ACTION: Notice of open public meeting. charter and other information are (DoD) announces the availability of the Final Environmental Impact Statement SUMMARY: The Hydrographic Services located online at: http:// (EIS) as part of the environmental Review Panel (HSRP) will hold a www.nauticalcharts.noaa.gov/ocs/hsrp/ planning process for the East Campus meeting that will be open to the public CharterBylawsHSIAStatute.htm. Past Integration Program at Fort George G. and public comments are requested in HSRP public meeting summary reports, Meade, Maryland (hereafter referred to advance or during the meeting. agendas, presentations, transcripts, as Fort Meade). The DoD proposes to Information about the HSRP meeting, webinars, and other information is continue to develop operational agenda, presentations, webinar and available online at: https:// complex and headquarters space at the background documents will be posted www.nauticalcharts.noaa.gov/ocs/hsrp/ National Security Agency’s (NSA) East online at: http:// meetings.htm. Campus on Fort Meade for use by NSA www.nauticalcharts.noaa.gov/ocs/hsrp/ Matters To Be Considered: The panel and the Intelligence Community. meetings_seattle2017.htm. is convening to hear federal, state, regional and local partners and DATES: DATES: The meeting is April 18–20, The Final EIS is available for a stakeholders on issues relevant to 2017. The agenda and times are subject 30-day period following publication of NOAA’s navigation services, focusing to change. For updates, please check the Notice of Availability. on the Pacific Northwest including the online at: http:// ADDRESSES: Copies of the Final EIS are states of Washington and Oregon as well www.nauticalcharts.noaa.gov/ocs/hsrp/ available at the Medal of Honor as national issues. Navigation services meetings_seattle2017.htm. Memorial Library, 4418 Llewellyn include the data, products, and services Location: Downtown Seattle, Avenue, Fort Meade, MD 20755; Glen provided by the NOAA programs and Washington, with venue to be Burnie Regional Library, 1010 Eastway, activities that undertake geodetic announced online at: http:// Glen Burnie, MD 21060; Odenton observations, gravity modeling, www.nauticalcharts.noaa.gov/ocs/hsrp/ Regional Library, 1325 Annapolis Road, shoreline mapping, bathymetric meetings_seattle2017.htm. Odenton, MD 21113; and Severn mapping, hydrographic surveying, FOR FURTHER INFORMATION CONTACT: Community Library, 2624 Annapolis nautical charting, tide and water level Road, Severn, Maryland 21144. Lynne Mersfelder-Lewis, HSRP program observations, current observations, and manager, National Ocean Service, Office marine modeling. This suite of NOAA FOR FURTHER INFORMATION CONTACT: To of Coast Survey, NOAA (N/NSD), 1315 products and services support safe and request copies of the Final EIS, please East-West Highway, SSMC3 #6301, efficient navigation, resilient coasts and send an email to [email protected]. Silver Spring, Maryland 20910; communities, and the nationwide For further information, please call 301– telephone: 301–713–2750 ext. 166; positioning information infrastructure to 688–2970. email: [email protected]. support America’s commerce. The Panel SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION: The will hear from state and federal purpose of the Proposed Action is to meeting is open to the public, seating agencies, non-federal organizations and provide facilities that are fully will be available on a first-come, first- partners about their missions and their supportive of the Intelligence served basis, and public comment is use of NOAA’s navigation services; Community’s function and to continue encouraged. There are public comment what value these services bring; and to integrate the East Campus with the periods scheduled each day and noted what improvements could be made. NSA Main Campus. The need for the in the agenda. Each individual or group Other administrative matters may be action is to meet mission requirements, making verbal comments will be limited considered. The agenda is subject to both internally at the NSA and within to a total time of five (5) minutes and change. the Intelligence Community. The EIS will be recorded. For those not onsite, Special Accommodations: This considered four options for emergency comments can be submitted via the meeting is physically accessible to power generation; two options for webinar or via email in writing. people with disabilities. Please direct building heating systems; four options Individuals who would like to submit requests for sign language interpretation for locations of parking facilities; written statements in advance, during or or other auxiliary aids to acquisition of additional space at two after the meeting should email their [email protected] by April 3, existing, offsite leased locations; and the comments to Lynne.Mersfelder@ 2017. No Action Alternative.

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Dated: February 24, 2017. components and outcomes, theoretically 2018 from the list of unfunded Aaron Siegel, and operationally. applications from this competition. Alternate OSD Federal Register Liaison Note: In developing logic models, Estimated Range of Awards: Officer, Department of Defense. applicants may want to use resources such as $400,000–$450,000 per year. [FR Doc. 2017–03975 Filed 2–28–17; 8:45 am] the Pacific Education Laboratory’s Education Estimated Average Size of Awards: BILLING CODE 5001–06–P Logic Model Application (http:// $415,000 per year. relpacific.mcrel.org/resources/elm-app/ or Maximum Award: We will reject any http://files.eric.ed.gov/fulltext/ED544779.pdf) application that proposes a budget to help design their logic models. DEPARTMENT OF EDUCATION exceeding $450,000 for a single budget Relevant outcome means the student period of 12 months. Applications for New Awards; outcome(s) (or the ultimate outcome if Estimated Number of Awards: 8–9. Strengthening Institutions Program not related to students) the proposed Note: The Department is not bound by any process, product, strategy, or practice is estimates in this notice. AGENCY: Office of Postsecondary designed to improve; consistent with Education, Department of Education. the specific goals of a program. Project Period: Up to 60 months. ACTION: Notice. Strong theory means a rationale for III. Eligibility Information the proposed process, product, strategy, 1. Eligible Applicants: This program is Overview Information: or practice that includes a logic model. Strengthening Institutions Program. Program Authority: 20 U.S.C. 1057– authorized by title III, part A, of the Notice inviting applications for new 1059d (title III, part A, of the Higher HEA. To qualify as an eligible awards for fiscal year (FY) 2017. Education Act of 1965, as amended institution under any title III, part A Catalog of Federal Domestic (HEA)). program, an institution must— Assistance (CFDA) Number: 84.031A. (a) Be accredited or preaccredited by DATES: Note: In 2008, the HEA was amended by a nationally recognized accrediting the Higher Education Opportunity Act of agency or association that the Secretary Applications Available: March 1, 2008 (HEOA), Public Law 110–315. The 2017. HEOA made a number of technical and has determined to be a reliable authority Deadline for Transmittal of substantive revisions to SIP. Please note that as to the quality of education or training Applications: April 17, 2017. the regulations for SIP in 34 CFR part 607 offered; Deadline for Intergovernmental have not been updated to reflect these (b) Be legally authorized by the State Review: June 16, 2017. statutory changes. in which it is located to be a junior or community college or to provide an Full Text of Announcement Applicable Regulations: (a) The Education Department General educational program for which it I. Funding Opportunity Description Administrative Regulations (EDGAR) in awards a bachelor’s degree; Purpose of Program: The 34 CFR parts 75, 77, 79, 80, 82, 84, 86, (c) Be designated as an ‘‘eligible Strengthening Institutions Program (SIP) 97, 98, and 99. (b) The Education institution’’ by demonstrating that it: (1) provides grants to eligible institutions of Department suspension and debarment Has an enrollment of needy students as higher education (IHEs) to help them regulations in 2 CFR part 3485. (c) The described in 34 CFR 607.3; and (2) has become self-sufficient and expand their Uniform Administrative Requirements, low average educational and general capacity to serve low-income students Cost Principles, and Audit expenditures per full-time equivalent by providing funds to improve and Requirements for Federal Awards in 2 (FTE) undergraduate student as strengthen the institution’s academic CFR part 200, as adopted and amended described in 34 CFR 607.4. quality, institutional management, and as regulations of the Department in 2 Note: The notice announcing the FY 2017 fiscal stability. CFR part 3474. (d) The regulations for process for designation of eligible this program in 34 CFR part 607. institutions, and inviting applications for Note: The Department of Education waiver of eligibility requirements, was (Department) is conducting two separate Note: The regulations in 34 CFR part 86 published in the Federal Register on competitions for SIP grants in 2017. This apply to IHEs only. November 25, 2016 (81 FR 85210). Only competition (CFDA number 84.031A) does institutions that the Department determines not include any priorities. The Department is II. Award Information are eligible, or which are granted a waiver conducting a separate competition under the Type of Award: Discretionary grant. under the process described in that notice, 84.031F CFDA number. In that competition may apply for a grant in this program. applicants must address an absolute priority Five-year Individual Development Grants will be awarded in FY 2017. and may address a competitive priority. The Relationship Between the Title III, Part 84.031F competition will be announced in a Cooperative Arrangement Development A Programs and the Developing separate Federal Register notice. Applicants Grants will not be made in FY 2017. Hispanic-Serving Institutions (HSI) may apply for grants in both the 84.031A and Estimated Available Funds: The Program 84.031F competitions, but can only receive Administration has requested one grant. $86,534,000 for awards for the SIP A grantee under the HSI program, Definitions: These definitions apply to program for FY 2017, of which we which is authorized under title V of the the selection criteria for this intend to use an estimated $3,699,000 HEA, may not receive a grant under any competition and are from 34 CFR 77.1. for this competition. The actual level of HEA, title III, part A program. The title Logic model (also referred to as theory funding, if any, depends on final III, part A programs are: SIP; the of action) means a well-specified congressional action. However, we are Tribally Controlled Colleges and conceptual framework that identifies inviting applications to allow enough Universities program; the Alaska Native key components of the proposed time to complete the grant process if and Native Hawaiian-Serving process, product, strategy, or practice Congress appropriates funds for this Institutions program; the Asian (i.e., the active ‘‘ingredients’’ that are program. American and Native American Pacific hypothesized to be critical to achieving Contingent upon the availability of Islander-Serving Institutions program; the relevant outcomes) and describes funds and the quality of applications, and the Native American-Serving the relationships among the key we may make additional awards in FY Nontribal Institutions program.

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Furthermore, a current HSI program 2. Content and Form of Application Sections A–C are not the same as the grantee may not give up its HSI grant to Submission: Requirements concerning narrative response to the Budget section of receive a grant under SIP or any title III, the content and forms of an application, the selection criteria. Part A program as described in 34 CFR together with the forms you must We will reject your application if you 607.2(g)(1). submit, are in the application package exceed the page limit. An eligible HSI that is not a current for this program. 3. Submission Dates and Times: grantee under the HSI program may Page Limit: The application narrative Applications Available: March 1, apply for a FY 2017 grant under all title (Part III of the application) is where you, 2017. III, part A programs for which it is the applicant, address the selection Deadline for Transmittal of eligible, as well as receive consideration criteria that reviewers use to evaluate Applications: April 17, 2017. for a grant under the HSI program. your application. We have established Applications for grants under this However, a successful applicant may mandatory page limits for the program must be submitted receive only one grant as described in application narrative. You must limit electronically using the Grants.gov 34 CFR 607.2(g)(1). the section of the application narrative Apply site (Grants.gov). For information 2.a. Cost Sharing or Matching: This that addresses the selection criteria, (including dates and times) about how program does not require cost sharing or including the budget narrative of the to submit your application matching unless the grantee uses a selection criteria, to no more than 50 electronically, or in paper format by portion of its grant for establishing or pages using the following standards: mail or hand delivery if you qualify for improving an endowment fund. If a • A ‘‘page’’ is 8.5″ x 11″, on one side an exception to the electronic grantee uses a portion of its grant for only, with 1″ margins at the top, bottom, submission requirement, please refer to endowment fund purposes, it must and both sides. Page numbers and an Other Submission Requirements in match those grant funds with non- identifier may be outside of the 1″ section IV of this notice. We do not consider an application Federal funds (20 U.S.C. 1059c(c)(3)(B)). margin. that does not comply with the deadline b. Supplement-Not-Supplant: This • Each page on which there is text or graphics will be counted as one full requirements. program involves supplement-not- Individuals with disabilities who page. supplant funding requirements. Grant need an accommodation or auxiliary aid • Double space (no more than three funds must be used so that they in connection with the application lines per vertical inch) all text in the supplement and, to the extent practical, process should contact one of the application narrative, except titles, increase the funds that would otherwise persons listed under FOR FURTHER headings, footnotes, quotations, be available for the activities to be INFORMATION CONTACT in section VII of references, and captions. Text in charts, carried out under the grant and in no this notice. If the Department provides tables, figures, and graphs in the case supplant those funds (34 CFR an accommodation or auxiliary aid to an application narrative may be single 607.30(b)). individual with a disability in spaced and will count toward the page 3. Other: An IHE, if selected for a SIP connection with the application limit. award, can only receive funding for one process, the individual’s application • Use a font that is either 12 point or award under this program. If the IHE remains subject to all other larger, and no smaller than 10 pitch scores within the funding range in both requirements and limitations in this (characters per inch). However, you may competitions, the IHE will be awarded notice. the grant in the competition under use a 10-point font in charts, tables, Deadline for Intergovernmental CFDA number 84.031F. figures, graphs, footnotes, and endnotes. • Review: June 16, 2017. Use one of the following fonts: 4. Intergovernmental Review: This IV. Application and Submission Times New Roman, Courier, Courier Information program is subject to Executive Order New, or Arial. An application submitted 12372 and the regulations in 34 CFR 1. Address to Request Application in any other font (including Times part 79. Information about Package: You can obtain an application Roman and Arial Narrow) will not be Intergovernmental Review of Federal via the Internet using the following accepted. Programs under Executive Order 12372 address: www.Grants.gov. If you do not The page limit does not apply to Part is in the application package for this have access to the Internet, please I, the Application for Federal Assistance program. contact Nalini Lamba-Nieves or Jymece (SF 424-cover sheet); the Supplemental 5. Funding Restrictions: (a) We Seward, U.S. Department of Education, Information for SF 424 Form required specify unallowable costs in 34 CFR 400 Maryland Avenue SW., Room by the Department of Education; Part II, 607.10(c). We reference regulations 4C103, Washington, DC 20202–6450. the Budget Information-Non- outlining funding restrictions in the You may contact the individuals at the Construction Programs Form (ED 524); Applicable Regulations section of this following email addresses and Section A—Budget Summary—U.S. notice. telephone numbers: Nalini.Lamba- Department of Education Funds; Section (b) Applicants that apply for [email protected], (202) 453–7953; and B—Budget Summary—Non-Federal construction funds under the title III, [email protected], (202) 453–6138. Funds; Section C—Budget Narrative; part A, HEA programs, must comply If you use a telecommunications Part IV, the assurances and with Executive Order 13202, signed by device for the deaf (TDD) or a text certifications; the one-page program former President George W. Bush on telephone (TTY), call the Federal Relay abstract; the table of contents; or the February 17, 2001, and amended on Service (FRS), toll free, at 1–800–877– bibliography. If you include any April 6, 2001. This Executive order 8339. attachments or appendices not provides that recipients of Federal Individuals with disabilities can specifically requested in the application construction funds may not ‘‘require or obtain a copy of the application package package, these items will be counted as prohibit bidders, offerors, contractors, or in an accessible format (e.g., braille, part of your application narrative for the subcontractors to enter into or adhere to large print, audiotape, or compact disc) purpose of the page-limit requirement. agreements with one or more labor by contacting the program contacts Note: The Budget Information-Non- organizations, on the same or other listed in this section. Construction Programs Form (ED 524) construction project(s)’’ or ‘‘otherwise

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discriminate against bidders, offerors, changes. However, please make certain submitting an application electronically contractors, or subcontractors for that the TIN associated with your DUNS through the site, as well as the hours of becoming or refusing to become or number is correct. Also note that you operation. remain signatories or otherwise adhere will need to update your registration • Applications received by to agreements with one or more labor annually. This may take three or more Grants.gov are date and time stamped. organizations, on the same or other business days. Your application must be fully construction project(s).’’ However, the Information about SAM is available at uploaded and submitted and must be Executive order does not prohibit www.SAM.gov. To further assist you date and time stamped by the contractors or subcontractors from with obtaining and registering your Grants.gov system no later than 4:30:00 voluntarily entering into these DUNS number and TIN in SAM or p.m., Washington, DC time, on the agreements. Projects funded under this updating your existing SAM account, application deadline date. Except as program that include construction we have prepared a SAM.gov Tip Sheet, otherwise noted in this section, we will activity will be provided a copy of this which you can find at: www2.ed.gov/ not accept your application if it is Executive order and will be asked to fund/grant/apply/sam-faqs.html. received—that is, date and time certify that they will adhere to it. In addition, if you are submitting your stamped by the Grants.gov system—after 6. Data Universal Numbering System application via Grants.gov, you must (1) 4:30:00 p.m., Washington, DC time, on Number, Taxpayer Identification be designated by your organization as an the application deadline date. We do Number, and System for Award Authorized Organization Representative not consider an application that does Management: To do business with the (AOR); and (2) register yourself with not comply with the deadline Department of Education, you must— Grants.gov as an AOR. Details on these requirements. When we retrieve your a. Have a Data Universal Numbering steps are outlined at the following application from Grants.gov, we will System (DUNS) number and a Taxpayer Grants.gov Web page: www.grants.gov/ notify you if we are rejecting your Identification Number (TIN); web/grants/register.html. application because it was date and time b. Register both your DUNS number 7. Other Submission Requirements: stamped by the Grants.gov system after and TIN with the System for Award Applications for grants under this 4:30:00 p.m., Washington, DC time, on program must be submitted the application deadline date. Management (SAM), the Government’s • primary registrant database; electronically unless you qualify for an The amount of time it can take to c. Provide your DUNS number and exception to this requirement in upload an application will vary TIN on your application; and accordance with the instructions in this depending on a variety of factors, d. Maintain an active SAM section. including the size of the application and registration with current information a. Electronic Submission of the speed of your Internet connection. while your application is under review Applications. Therefore, we strongly recommend that by the Department and, if you are Applications for grants under the SIP you do not wait until the application awarded a grant, during the project (CFDA number 84.031A) must be deadline date to begin the submission submitted electronically using the process through Grants.gov. period. • You can obtain a DUNS number from Governmentwide Grants.gov Apply site You should review and follow the Dun and Bradstreet at the following at www.Grants.gov. Through this site, Education Submission Procedures for Web site: http://fedgov.dnb.com/ you will be able to download a copy of submitting an application through Grants.gov that are included in the webform. A DUNS number can be the application package, complete it application package for this program to created within one to two business days. offline, and then upload and submit ensure that you submit your application If you are a corporate entity, agency, your application. You may not email an in a timely manner to the Grants.gov institution, or organization, you can electronic copy of a grant application to system. You can also find the Education obtain a TIN from the Internal Revenue us. Submission Procedures pertaining to Service. If you are an individual, you We will reject your application if you Grants.gov under News and Events on can obtain a TIN from the Internal submit it in paper format unless, as the Department’s G5 system home page Revenue Service or the Social Security described elsewhere in this section, you at www.G5.gov. In addition, for specific Administration. If you need a new TIN, qualify for one of the exceptions to the guidance and procedures for submitting please allow two to five weeks for your electronic submission requirement and an application through Grants.gov, TIN to become active. submit, no later than two weeks before please refer to the Grants.gov Web site The SAM registration process can take the application deadline date, a written at: www.grants.gov/web/grants/ approximately seven business days, but statement to the Department that you applicants/apply-for-grants.html. may take upwards of several weeks, qualify for one of these exceptions. • You will not receive additional depending on the completeness and Further information regarding point value because you submit your accuracy of the data you enter into the calculation of the date that is two weeks application in electronic format, nor SAM database. Thus, if you think you before the application deadline date is will we penalize you if you qualify for might want to apply for Federal provided later in this section under an exception to the electronic financial assistance under a program Exception to Electronic Submission submission requirement, as described administered by the Department, please Requirement. You may access the electronic grant elsewhere in this section, and submit allow sufficient time to obtain and application for this competition at your application in paper format. register your DUNS number and TIN. www.Grants.gov. You must search for • You must submit all documents We strongly recommend that you the downloadable application package electronically, including all information register early. for this program by the CFDA number. you typically provide on the following Note: Once your SAM registration is active, Do not include the CFDA number’s forms: Application for Federal it may be 24 to 48 hours before you can alpha suffix in your search (e.g., search Assistance (SF 424), the Department of access the information in, and submit an for 84.031, not 84.031A). Education Supplemental Information for application through, Grants.gov. Please note the following: SF 424, Budget Information—Non- If you are currently registered with • When you enter the Grants.gov site, Construction Programs (ED 524), and all SAM, you may not need to make any you will find information about necessary assurances and certifications.

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• You must upload any narrative • We may request that you provide us falls on a Federal holiday, the next sections and all other attachments to original signatures on forms at a later business day following the Federal your application as files in a read-only, date. holiday), you mail or fax a written non-modifiable Portable Document Application Deadline Date Extension statement to the Department, explaining Format (PDF). Do not upload an in Case of Technical Issues with the which of the two grounds for an interactive or fillable PDF file. If you Grants.gov System: If you are exception prevents you from using the upload a file type other than a read- experiencing problems submitting your Internet to submit your application. only, non-modifiable PDF (e.g., Word, application through Grants.gov, please If you mail your written statement to Excel, WordPerfect, etc.) or submit a contact the Grants.gov Support Desk, the Department, it must be postmarked password-protected file, we will not toll free, at 1–800–518–4726. You must no later than two weeks before the review that material. Please note that obtain a Grants.gov Support Desk Case application deadline date. If you fax this could result in your application not Number and must keep a record of it. your written statement to the being considered for funding because If you are prevented from Department, we must receive the faxed the material in question—for example, electronically submitting your statement no later than two weeks the application narrative—is critical to a application on the application deadline before the application deadline date. meaningful review of your proposal. For date because of technical problems with Address and mail or fax your that reason, it is important to allow the Grants.gov system, we will grant you statement to: James E. Laws, Jr., U.S. yourself adequate time to upload all an extension until 4:30:00 p.m., Department of Education, 400 Maryland material as PDF files. The Department Washington, DC time, the following Avenue SW., Room 4C144, Washington, will not convert material from other business day to enable you to transmit DC 20202. FAX: (202) 401–8466. formats to PDF. your application electronically or by Your paper application must be • Your electronic application must hand delivery. You also may mail your submitted in accordance with the mail comply with any page-limit application by following the mailing or hand delivery instructions described requirements described in this notice. instructions described elsewhere in this in this notice. • After you electronically submit notice. b. Submission of Paper Applications your application, you will receive from If you submit an application after by Mail. If you qualify for an exception to the Grants.gov an automatic notification of 4:30:00 p.m., Washington, DC time, on electronic submission requirement, you receipt that contains a Grants.gov the application deadline date, please may mail (through the U.S. Postal tracking number. This notification contact one of the persons listed under Service or a commercial carrier) your indicates receipt by Grants.gov only, not FOR FURTHER INFORMATION CONTACT in application to the Department. You receipt by the Department. Grants.gov section VII of this notice and provide an must mail the original and two copies will also notify you automatically by explanation of the technical problem of your application, on or before the email if your application met all the you experienced with Grants.gov, along application deadline date, to the Grants.gov validation requirements or if with the Grants.gov Support Desk Case Department at the following address: there were any errors (such as Number. We will accept your U.S. Department of Education, submission of your application by application if we can confirm that a Application Control Center, Attention: someone other than a registered technical problem occurred with the (CFDA Number 84.031A), LBJ Basement Authorized Organization Grants.gov system and that the problem Level 1, 400 Maryland Avenue SW., Representative, or inclusion of an affected your ability to submit your application by 4:30:00 p.m., Washington, DC 20202–4260. attachment with a file name that You must show proof of mailing contains special characters). You will be Washington, DC time, on the application deadline date. We will consisting of one of the following: given an opportunity to correct any (1) A legibly dated U.S. Postal Service errors and resubmit, but you must still contact you after we determine whether your application will be accepted. postmark. meet the deadline for submission of (2) A legible mail receipt with the applications. Note: The extensions to which we refer in date of mailing stamped by the U.S. Once your application is successfully this section apply only to the unavailability Postal Service. validated by Grants.gov, the Department of, or technical problems with, the Grants.gov system. We will not grant you an extension (3) A dated shipping label, invoice, or then will retrieve your application from if you failed to fully register to submit your receipt from a commercial carrier. Grants.gov and send you an email with application to Grants.gov before the (4) Any other proof of mailing a unique PR/Award number for your application deadline date and time or if the acceptable to the Secretary of the U.S. application. technical problem you experienced is Department of Education. These emails do not mean that your unrelated to the Grants.gov system. If you mail your application through application is without any disqualifying Exception to Electronic Submission the U.S. Postal Service, we do not errors. While your application may have Requirement: You qualify for an accept either of the following as proof been successfully validated by exception to the electronic submission of mailing: Grants.gov, it must also meet the requirement, and may submit your (1) A private metered postmark. Department’s application requirements application in paper format, if you are (2) A mail receipt that is not dated by as specified in this notice and in the unable to submit an application through the U.S. Postal Service. application instructions. Disqualifying the Grants.gov system because–– Note: The U.S. Postal Service does not errors could include, for instance, • You do not have access to the uniformly provide a dated postmark. Before failure to upload attachments in a read- Internet; or relying on this method, you should check only, non-modifiable PDF; failure to • You do not have the capacity to with your local post office. submit a required part of the upload large documents to the We will not consider applications application; or failure to meet applicant Grants.gov system; and postmarked after the deadline date. eligibility requirements. It is your • No later than two weeks before the c. Submission of Paper Applications responsibility to ensure that your application deadline date (14 calendar by Hand Delivery. submitted application has met all of the days or, if the fourteenth calendar day If you qualify for an exception to the Department’s requirements. before the application deadline date electronic submission requirement, you

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(or a courier service) may deliver your proposed project, including, in and measuring the success of the project paper application to the Department by particular, how operational costs for on achieving the goals of the hand. You must deliver the original and personnel, maintenance, and upgrades comprehensive development plan. two copies of your application by hand, of equipment will be paid with (h) Budget. (Maximum 7 Points) The on or before the application deadline institutional resources. extent to which the proposed costs are date, to the Department at the following (b) Quality of the Project Design. necessary and reasonable in relation to address: U.S. Department of Education, (Maximum 10 Points) The Secretary the project’s objectives and scope. Application Control Center, Attention: considers the quality of the design of the 2. Review and Selection Process: We (CFDA Number 84.031A), 550 12th proposed project. In determining the remind potential applicants that in Street SW., Room 7039, Potomac Center quality of the design of the proposed reviewing applications in any Plaza, Washington, DC 20202–4260. project, the Secretary considers the discretionary grant competition, the The Application Control Center extent to which the proposed project is Secretary may consider, under 34 CFR accepts hand deliveries daily between supported by strong theory (as defined 75.217(d)(3), the past performance of the 8:00 a.m. and 4:30:00 p.m., Washington, in this notice). applicant in carrying out a previous DC time, except Saturdays, Sundays, (c) Quality of Activity Objectives. award, such as the applicant’s use of and Federal holidays. (Maximum 15 Points) The extent to funds, achievement of project objectives, and compliance with grant Note for Mail or Hand Delivery of Paper which the objectives for each activity Applications: If you mail or hand deliver are— conditions. The Secretary may also your application to the Department— (1) Realistic and defined in terms of consider whether the applicant failed to (1) You must indicate on the envelope measurable results; and submit a timely performance report or and—if not provided by the Department—in (2) Directly related to the problems to submitted a report of unacceptable Item 11 of the SF 424 the CFDA number, be solved and to the goals of the quality. including suffix letter, if any, of the comprehensive development plan. In addition, in making a competitive competition under which you are submitting (d) Quality of Implementation grant award, the Secretary also requires your application; and various assurances including those (2) The Application Control Center will Strategy. (Maximum 15 Points) The mail to you a notification of receipt of your extent to which— applicable to Federal civil rights laws grant application. If you do not receive this (1) The implementation strategy for that prohibit discrimination in programs notification within 15 business days from the each activity is comprehensive; or activities receiving Federal financial application deadline date, you should call (2) The rationale for the assistance from the Department of the U.S. Department of Education implementation strategy for each Education (34 CFR 100.4, 104.5, 106.4, Application Control Center at (202) 245– activity is clearly described and is 108.8, and 110.23). 6288. supported by the results of relevant A panel of three non-Federal studies or projects; and reviewers will review and score each V. Application Review Information (3) The timetable for each activity is application in accordance with the 1. Selection Criteria: The selection realistic and likely to be attained. selection criteria in 34 CFR 607.22(a) criteria for this program are from 34 CFR (e) Quality of Key Personnel. through (g) and 34 CFR 75.210. A rank 607.22 (a) through (g), and from 34 CFR (Maximum 8 Points) The extent to order funding slate will be made from 75.210. Applicants must address each of which— this review. Awards will be made in the following selection criteria (1) The past experience and training rank order according to the average (separately for each proposed activity). of key professional personnel are score received from the peer review. The total weight of the selection criteria directly related to the stated activity Tie-breaker for Development Grants. is 100 points; the maximum score for objectives; and In tie-breaking situations for each criterion is noted in parentheses. (2) The time commitment of key development grants, 34 CFR 607.23(b) (a) Quality of the Applicant’s personnel is realistic. requires that we award one additional Comprehensive Development Plan. (f) Quality of Project Management point to an application from an IHE that (Maximum 20 Points) The extent to Plan. (Maximum 10 Points) The extent has an endowment fund of which the which— to which— current market value, per FTE enrolled (1) The strengths, weaknesses, and (1) Procedures for managing the student, is less than the average current significant problems of the institution’s project are likely to ensure efficient and market value of the endowment funds, academic programs, institutional effective project implementation; and per FTE enrolled student, at comparable management, and fiscal stability are (2) The project coordinator and type institutions that offer similar clearly and comprehensively analyzed activity directors have sufficient instruction. We award one additional and result from a process that involved authority to conduct the project point to an application from an IHE that major constituencies of the institution; effectively, including access to the has expenditures for library materials (2) The goals for the institution’s president or chief executive officer. per FTE enrolled student that are less academic programs, institutional (g) Quality of Evaluation Plan. than the average expenditure for library management, and fiscal stability are (Maximum 15 Points) The extent to materials per FTE enrolled student at realistic and based on comprehensive which— similar type institutions. We also add analysis; (1) The data elements and the data one additional point to an application (3) The objectives stated in the plan collection procedures are clearly from an IHE that proposes to carry out are measurable, related to institutional described and appropriate to measure one or more of the following activities— goals, and, if achieved, will contribute the attainment of activity objectives and (1) Faculty development; to the growth and self-sufficiency of the to measure the success of the project in (2) Funds and administrative institution; and achieving the goals of the management; (4) The plan clearly and comprehensive development plan; and (3) Development and improvement of comprehensively describes the methods (2) The data analysis procedures are academic programs; and resources the institution will use to clearly described and are likely to (4) Acquisition of equipment for use institutionalize practice and produce formative and summative in strengthening management and improvements developed under the results on attaining activity objectives academic programs;

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(5) Joint use of facilities; and version of your GAN. We may notify d. The percentage of first-time, full- (6) Student services. you informally, also. time degree-seeking undergraduate For the purpose of these funding If your application is not evaluated or students enrolled at four-year SIP considerations, we use 2014–2015 data. not selected for funding, we notify you. institutions graduating within six years If a tie remains after applying the tie- 2. Administrative and National Policy of enrollment; and breaker mechanism above, priority will Requirements: We identify e. The percentage of first-time, full- be given to applicants that have the administrative and national policy time degree-seeking undergraduate lowest endowment values per FTE requirements in the application package students enrolled at two-year SIP enrolled student. and reference these and other institutions graduating within three 3. Risk Assessment and Special requirements in the Applicable years of enrollment. Conditions: Consistent with 2 CFR Regulations section of this notice. 5. Continuation Awards: In making a 200.205, before awarding grants under We reference the regulations outlining continuation award under 34 CFR this competition the Department the terms and conditions of an award in 75.253, the Secretary considers, among conducts a review of the risks posed by the Applicable Regulations section of other things: Whether a grantee has applicants. Under 2 CFR 3474.10, the this notice and include these and other made substantial progress in achieving Secretary may impose special specific conditions in the GAN. The the goals and objectives of the project; conditions and, in appropriate GAN also incorporates your approved whether the grantee has expended funds circumstances, high-risk conditions on a application as part of your binding in a manner that is consistent with its grant if the applicant or grantee is not commitments under the grant. approved application and budget; and, financially stable; has a history of 3. Reporting: (a) If you apply for a if the Secretary has established unsatisfactory performance; has a grant under this competition, you must performance measurement financial or other management system ensure that you have in place the requirements, the performance targets in that does not meet the standards in 2 necessary processes and systems to the grantee’s approved application. CFR part 200, subpart D; has not comply with the reporting requirements In making a continuation award, the fulfilled the conditions of a prior grant; in 2 CFR part 170 should you receive Secretary also considers whether the or is otherwise not responsible. funding under the competition. This grantee is operating in compliance with 4. Integrity and Performance System: does not apply if you have an exception the assurances in its approved If you are selected under this under 2 CFR 170.110(b). application, including those applicable competition to receive an award that (b) At the end of your project period, to Federal civil rights laws that prohibit over the course of the project period you must submit a final performance discrimination in programs or activities may exceed the simplified acquisition report, including financial information, receiving Federal financial assistance threshold (currently $150,000), under 2 as directed by the Secretary. If you from the Department (34 CFR 100.4, CFR 200.205(a)(2) we must make a receive a multiyear award, you must 104.5, 106.4, 108.8, and 110.23). judgment about your integrity, business submit an annual performance report VII. Agency Contacts ethics, and record of performance under that provides the most current Federal awards—that is, the risk posed performance and financial expenditure FOR FURTHER INFORMATION CONTACT: by you as an applicant—before we make information as directed by the Secretary Nalini Lamba-Nieves and Jymece an award. In doing so, we must consider under 34 CFR 75.118 and 34 CFR Seward, U.S. Department of Education, any information about you that is in the 607.31. The Secretary may also require 400 Maryland Avenue SW., Room integrity and performance system more frequent performance reports 4C103, Washington, DC 20202. You may (currently referred to as the Federal under 34 CFR 75.720(c). For specific contact these individuals at the Awardee Performance and Integrity requirements on reporting, please go to following email addresses and Information System (FAPIIS)), www.ed.gov/fund/grant/apply/ telephone numbers: accessible through SAM. You may appforms/appforms.html. [email protected], (202) review and comment on any 4. Performance Measures: The 453–7953 information about yourself that a Secretary has established the following [email protected], (202) 453–6138 Federal agency previously entered and key performance measures for assessing If you use a TDD or a TTY, call the that is currently in FAPIIS. the effectiveness of SIP: FRS, toll free, at 1–800–877–8339. Please note that, if the total value of a. The percentage change, over the your currently active grants, cooperative five-year period, of the number of full- VIII. Other Information agreements, and procurement contracts time degree-seeking undergraduates Accessible Format: Individuals with from the Federal Government exceeds enrolled at SIP institutions. Note that disabilities can obtain this document $10,000,000, the reporting requirements this is a long-term measure that will be and a copy of the application package in in 2 CFR part 200, Appendix XII, used to periodically gauge performance; an accessible format (e.g., braille, large require you to report certain integrity b. The percentage of first-time, full- print, audiotape, or compact disc) on information to FAPIIS semiannually. time degree-seeking undergraduate request to one of the persons listed Please review the requirements in 2 CFR students at four-year SIP institutions under FOR FURTHER INFORMATION part 200, Appendix XII, if this grant who were in their first year of CONTACT in section VII of this notice. plus all the other Federal funds you postsecondary enrollment in the Electronic Access to This Document: receive exceed $10,000,000. previous year and are enrolled in the The official version of this document is current year at the same SIP institution; the document published in the Federal VI. Award Administration Information c. The percentage of first-time, full- Register. Free Internet access to the 1. Award Notices: If your application time degree-seeking undergraduate official edition of the Federal Register is successful, we notify your U.S. students at two-year SIP institutions and the Code of Federal Regulations is Representative and U.S. Senators and who were in their first year of available via the Federal Digital System send you a Grant Award Notification postsecondary enrollment in the at: www.gpo.gov/fdsys. At this site you (GAN); or we may send you an email previous year and are enrolled in the can view this document, as well as all containing a link to access an electronic current year at the same SIP institution; other documents of this Department

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published in the Federal Register, in SUPPLEMENTARY INFORMATION: The DEPARTMENT OF EDUCATION text or PDF. To use PDF you must have Department of Education (ED), in Adobe Acrobat Reader, which is accordance with the Paperwork Applications for New Awards; available free at this site. Reduction Act of 1995 (PRA) (44 U.S.C. Strengthening Institutions Program You may also access documents of the 3506(c)(2)(A)), provides the general AGENCY: Office of Postsecondary Department published in the Federal public and Federal agencies with an Education, Department of Education. Register by using the article search opportunity to comment on proposed, feature at: www.federalregister.gov. revised, and continuing collections of ACTION: Notice. Specifically, through the advanced information. This helps the Department Overview Information: feature at this site, you can limit your assess the impact of its information Strengthening Institutions Program. search to documents published by the collection requirements and minimize Notice inviting applications for new Department. the public’s reporting burden. It also awards for fiscal year (FY) 2017. Dated: February 24, 2017. helps the public understand the Catalog of Federal Domestic Linda Byrd-Johnson, Department’s information collection Assistance (CFDA) Number: 84.031F. Acting Deputy Assistant Secretary, Higher requirements and provide the requested DATES: Education Programs, and Senior Director, data in the desired format. ED is Applications Available: March 1, Student Service. soliciting comments on the proposed 2017. [FR Doc. 2017–04000 Filed 2–28–17; 8:45 am] information collection request (ICR) that Deadline for Transmittal of is described below. The Department of BILLING CODE 4000–01–P Applications: April 17, 2017. Education is especially interested in Deadline for Intergovernmental public comment addressing the Review: June 16, 2017. DEPARTMENT OF EDUCATION following issues: (1) Is this collection necessary to the proper functions of the Full Text of Announcement [Docket No. ED–2017–ICCD–0012] Department; (2) will this information be I. Funding Opportunity Description processed and used in a timely manner; Agency Information Collection Purpose of Program: The Activities; Comment Request; Teacher (3) is the estimate of burden accurate; (4) how might the Department enhance Strengthening Institutions Program (SIP) Incentive Fund Annual Performance provides grants to eligible institutions of Report the quality, utility, and clarity of the information to be collected; and (5) how higher education (IHEs) to help them AGENCY: Office of Innovation and might the Department minimize the become self-sufficient and expand their Improvement (OII), Department of burden of this collection on the capacity to serve low-income students Education (ED). respondents, including through the use by providing funds to improve and ACTION: Notice. of information technology. Please note strengthen the institution’s academic that written comments received in quality, institutional management, and SUMMARY: In accordance with the response to this notice will be fiscal stability. Paperwork Reduction Act of 1995, ED is considered public records. Note: The Department of Education proposing a revision of an existing Title of Collection: Teacher Incentive (Department) is conducting two separate information collection. Fund Annual Performance Report. competitions for SIP grants in 2017. In this DATES: Interested persons are invited to OMB Control Number: 1855–0030. competition (CFDA number 84.031F), submit comments on or before May 1, Type of Review: A revision of an applicants must address an absolute priority. 2017. existing information collection. The separate competition under CFDA number 84.031A does not include any ADDRESSES: To access and review all the Respondents/Affected Public: State, priorities. The 84.031A competition will be documents related to the information Local, and Tribal Governments. announced in a separate Federal Register collection listed in this notice, please Total Estimated Number of Annual notice. Applicants may apply for grants in use http://www.regulations.gov by Responses: 45. both the 84.031A and 84.031F competitions searching the Docket ID number ED– Total Estimated Number of Annual but can only receive one grant. Burden Hours: 2,070. 2017–ICCD–0012. Comments submitted Background: The SIP Program is Abstract: The Teacher Incentive Fund in response to this notice should be critical to the Department’s efforts to (TIF) is a competitive grant program. submitted electronically through the improve college completion for students The purpose of the TIF program is to Federal eRulemaking Portal at http:// who have been traditionally support projects that develop and www.regulations.gov by selecting the underrepresented in postsecondary implement performance-based Docket ID number or via postal mail, education. In recent years, SIP compensation systems (PBCSs) for commercial delivery, or hand delivery. competitions have given priority to teachers and principals in order to Please note that comments submitted by applicants proposing evidence-based increase educator effectiveness and fax or email and those submitted after interventions. This competition, which student achievement in high-need the comment period will not be provides larger awards than are schools. The Department will use the accepted. Written requests for available under the 84.031A data collected through the performance information or comments submitted by competition, maintains that recent reports to determine the progress of postal mail or delivery should be emphasis and goes one step further, by each grant and to determine the addressed to the Director of the encouraging applicants to commit to continuation of funding each year. Information Collection Clearance conducting rigorous evaluations of those Division, U.S. Department of Education, Dated: February 23, 2017. interventions. 400 Maryland Avenue SW., LBJ, Room Tomakie Washington, In responding to the absolute priority, 226–62, Washington, DC 20202–4537. Acting Director, Information Collection we encourage applicants to not just FOR FURTHER INFORMATION CONTACT: For Clearance Division, Office of the Chief Privacy identify the proposed evidence-based specific questions related to collection Officer, Office of Management. interventions, but also to describe how activities, please contact Tyra Stewart, [FR Doc. 2017–03921 Filed 2–28–17; 8:45 am] those interventions will be implemented 202–260–1847. BILLING CODE 4000–01–P in a way that will change institutional

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practices, cultures, and the overall which we make awards from the list of relevant populations in the study or in institutional approach to improving unfunded applications from this other studies of the intervention results for students. In addition, to more competition, this priority is a reviewed by and reported on by the strategically align SIP grants with competitive preference priority. Under What Works Clearinghouse), includes a broader reform strategies intended to 34 CFR 75.105(c)(2), we award up to an sample that overlaps with the improve college completion, this notice additional three points to an populations or settings proposed to includes a competitive preference application, depending on how well the receive the process, product, strategy, or priority that encourages applicants to application meets the priority. practice, and includes a large sample propose activities designed to assist This priority is: and a multi-site sample. students in progressing into credit- Projects that provide tutoring, counseling, and student service Note: Multiple studies can cumulatively bearing courses. Each year, substantial meet the large and multi-site sample numbers of students enroll in college programs designed to improve academic requirements as long as each study meets the and are assigned to take developmental success, including innovative, other requirements in this paragraph. education courses. These non-credit customized, instruction courses Multi-site sample means more than bearing courses often introduce an designed to help retain students and one site, where site can be defined as a additional barrier to college persistence move the students rapidly into core local educational agency, locality, or and completion for college students, courses and through program State. particularly at SIP-eligible institutions. completion, which may include Relevant outcome means the student We are interested in receiving remedial education and English outcome(s) (or the ultimate outcome if applications with strong plans for language instruction. not related to students) the proposed improving outcomes for students who Definitions: These definitions are process, product, strategy, or practice is are academically underprepared for from 34 CFR 77.1. Logic model (also referred to as theory designed to improve; consistent with college. of action) means a well-specified the specific goals of a program. Priorities: In accordance with 34 CFR conceptual framework that identifies Strong theory means a rationale for 75.105(b)(2)(ii), the absolute priority is key components of the proposed the proposed process, product, strategy, from 34 CFR 75.226 and the competitive process, product, strategy, or practice or practice that includes a logic model. preference priority is from section (i.e., the active ‘‘ingredients’’ that are 311(c)(6) of the HEA. What Works Clearinghouse Evidence hypothesized to be critical to achieving Absolute Priority: For FY 2017 and Standards means the standards set forth the relevant outcomes) and describes any subsequent year in which we make in the What Works Clearinghouse the relationships among the key awards from the list of unfunded Procedures and Standards Handbook components and outcomes, theoretically applications from this competition, this (Version 3.0, March 2014), which can be and operationally. priority is an absolute priority. Under 34 found at the following link: http:// CFR 75.105(c)(3), we consider only Note: In developing logic models, ies.ed.gov/ncee/wwc/ applications that meet this priority. applicants may want to use resources such as DocumentSum.aspx?sid=19. the Pacific Education Laboratory’s Education Program Authority: 20 U.S.C. 1057– This priority is: Logic Model Application (http:// Moderate Evidence of Effectiveness. 1059d (title III, part A, of the Higher relpacific.mcrel.org/resources/elm-app/ or Education Act of 1965, as amended Projects that are supported by http://files.eric.ed.gov/fulltext/ED544779.pdf) moderate evidence of effectiveness. to help design their logic models. (HEA)). Note: Applicants must identify on the Moderate evidence of effectiveness Note: In 2008, the HEA was amended by Evidence of Effectiveness Form in the the Higher Education Opportunity Act of means one of the following conditions 2008 (HEOA), Public Law 110–315. The application package no more than two is met: studies that underpin the primary practice or HEOA made a number of technical and (i) There is at least one study of the substantive revisions to SIP. Please note that strategy they intend to carry out. In assessing effectiveness of the process, product, the relevance of the research cited to support the regulations for SIP in 34 CFR part 607 the proposed project, the Secretary will strategy, or practice being proposed that have not been updated to reflect these consider, among other factors, the portion of meets the What Works Clearinghouse statutory changes. the requested funds that will be dedicated to Evidence Standards without Applicable Regulations: (a) The the identified evidence-based activities. Cited reservations, found a statistically Education Department General studies may include both those already listed significant favorable impact on a Administrative Regulations (EDGAR) in in the Department’s What Works relevant outcome (with no statistically 34 CFR parts 75, 77, 79, 80, 82, 84, 86, Clearinghouse (WWC) Database of Individual significant and overriding unfavorable Studies (see https://ies.ed.gov/ncee/wwc/ 97, 98, and 99. (b) The Education impacts on that outcome for relevant Department suspension and debarment ReviewedStudies#/OnlyStudiesWithPositive populations in the study or in other Effects:false,SetNumber:1) and those that regulations in 2 CFR part 3485. (c) The have not yet been reviewed by the WWC. studies of the intervention reviewed by Uniform Administrative Requirements, Studies listed in the WWC Database of and reported on by the What Works Cost Principles, and Audit Individual Studies do not necessarily satisfy Clearinghouse), and includes a sample Requirements for Federal Awards in 2 any or all of the criteria needed to meet the that overlaps with the populations or CFR part 200, as adopted and amended moderate evidence of effectiveness standard. settings proposed to receive the process, as regulations of the Department in 2 Therefore, it is important that applicants product, strategy, or practice. CFR part 3474. (d) The regulations for themselves ascertain whether the study or (ii) There is at least one study of the this program in 34 CFR part 607. studies for the evidence priority meets the effectiveness of the process, product, standard for moderate evidence of strategy, or practice being proposed that Note: The regulations in 34 CFR part 86 effectiveness. meets the What Works Clearinghouse apply to IHEs only. Additional details regarding this and Evidence Standards with reservations, other aspects of this competition are in found a statistically significant favorable II. Award Information the application package. impact on a relevant outcome (with no Type of Award: Discretionary grant. Competitive Preference Priority: For statistically significant and overriding Five-year Individual Development FY 2017 and any subsequent year in unfavorable impacts on that outcome for Grants will be awarded in FY 2017.

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Cooperative Arrangement Development Relationship Between the Title III, Part Seward, U.S. Department of Education, Grants will not be made in FY 2017. A Programs and the Developing 400 Maryland Avenue SW., Room Estimated Available Funds: The Hispanic-Serving Institutions (HSI) 4C103, Washington, DC 20202–6450. Administration has requested Program You may contact the individuals at the $86,534,000 for awards for the SIP A grantee under the Developing following email addresses and program for FY 2017, of which we Hispanic-Serving Institutions (HSI) telephone numbers: Nalini.Lamba- intend to use an estimated $3,699,000 program, which is authorized under title [email protected], (202) 453–7953; and for this competition. The actual level of V of the HEA, may not receive a grant [email protected], (202) 453–6138. funding, if any, depends on final under any HEA, title III, part A program. If you use a telecommunications congressional action. However, we are The title III, part A programs are: SIP; device for the deaf (TDD) or a text inviting applications to allow enough the Tribally Controlled Colleges and telephone (TTY), call the Federal Relay time to complete the grant process if Universities program; the Alaska Native Service (FRS), toll free, at 1–800–877– Congress appropriates funds for this and Native Hawaiian-Serving 8339. program. Institutions program; the Asian Individuals with disabilities can Contingent upon the availability of American and Native American Pacific obtain a copy of the application package funds and the quality of applications, Islander-Serving Institutions program; in an accessible format (e.g., braille, we may make additional awards in FY and the Native American-Serving large print, audiotape, or compact disc) 2018 from the list of unfunded Nontribal Institutions program. by contacting the program contacts applicants from this competition. Furthermore, a current HSI program listed in this section. Estimated Range of Awards: grantee may not give up its HSI grant to 2. Content and Form of Application $500,000–$600,000 per year. receive a grant under SIP or any title III, Submission: Requirements concerning the content and forms of an application, Estimated Average Size of Awards: part A program as described in 34 CFR together with the forms you must $550,000 per year. 607.2(g)(1). submit, are in the application package Maximum Award: We will reject any An eligible HSI that is not a current grantee under the HSI program may for this program. application that proposes a budget Page Limit: The application narrative exceeding $600,000 for a single budget apply for a FY 2017 grant under all title III, part A programs for which it is (Part III of the application) is where you, period of 12 months. the applicant, address the selection Estimated Number of Awards: 6–7. eligible, as well as receive consideration for a grant under the HSI program. criteria that reviewers use to evaluate Note: The Department is not bound by any However, a successful applicant may your application. We have established estimates in this notice. receive only one grant as described in mandatory page limits. You must limit Project Period: Up to 60 months. 34 CFR 607.2(g)(1). the section of the application narrative that addresses: 2.a. Cost Sharing or Matching: This • III. Eligibility Information program does not require cost sharing or The selection criteria, including the budget narrative of the selection criteria, 1. Eligible Applicants: This program is matching unless the grantee uses a to no more than 55 pages. authorized by title III, part A, of the portion of its grant for establishing or • The absolute priority to no more HEA. To qualify as an eligible improving an endowment fund. If a than three pages. institution under any title III, part A grantee uses a portion of its grant for • The competitive preference priority program, an institution must— endowment fund purposes, it must to no more than two pages. (a) Be accredited or preaccredited by match those grant funds with non- a nationally recognized accrediting Federal funds (20 U.S.C. 1059c(c) Accordingly, under no circumstances agency or association that the Secretary (3)(B)). may the application narrative exceed 60 has determined to be a reliable authority b. Supplement-Not-Supplant: This pages. Applicants must provide as to the quality of education or training program involves supplement-not- information addressing the absolute offered; supplant funding requirements. Grant priority in the section of the application narrative titled Absolute Priority— (b) Be legally authorized by the State funds must be used so that they Moderate Evidence of Effectiveness. If in which it is located to be a junior or supplement and, to the extent practical, addressing the competitive preference community college or to provide an increase the funds that would otherwise priority, applicants must provide educational program for which it be available for the activities to be information regarding the competitive awards a bachelor’s degree; carried out under the grant and in no case supplant those funds (34 CFR preference priority in the section of the (c) Be designated as an ‘‘eligible 607.30(b)). application narrative titled Competitive institution’’ by demonstrating that it: (1) 3. Other: An IHE, if selected for a SIP Preference Priority. Applicants must use Has an enrollment of needy students as award, can only receive funding for one the following standards: described in 34 CFR 607.3; and (2) has award under this program. If the IHE • A ‘‘page’’ is 8.5″ x 11″, on one side low average educational and general scores within the funding range for both only, with 1″ margins at the top, bottom, expenditures per full-time equivalent competitions, the IHE will be awarded and both sides. Page numbers and an (FTE) undergraduate student as the grant awarded under this identifier may be outside of the 1″ described in 34 CFR 607.4. competition. margin. Note: The notice announcing the FY 2017 • Each page on which there is text or process for designation of eligible IV. Application and Submission graphics will be counted as one full institutions, and inviting applications for Information page. waiver of eligibility requirements, was 1. Address to Request Application • Double space (no more than three published in the Federal Register on November 25, 2016 (81 FR 85210). Only Package: You can obtain an application lines per vertical inch) all text in the institutions that the Department determines via the Internet using the following application narrative, except titles, are eligible, or which are granted a waiver address: www.Grants.gov. If you do not headings, footnotes, quotations, under the process described in that notice, have access to the Internet, please references, and captions. Text in charts, may apply for a grant in this program. contact Nalini Lamba-Nieves, or Jymece tables, figures, and graphs in the

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application narrative may be single an accommodation or auxiliary aid to an by the Department and, if you are spaced and will count toward the page individual with a disability in awarded a grant, during the project limit. connection with the application period. • Use a font that is either 12 point or process, the individual’s application You can obtain a DUNS number from larger, and no smaller than 10 pitch remains subject to all other Dun and Bradstreet at the following (characters per inch). However, you may requirements and limitations in this Web site: http://fedgov.dnb.com/ use a 10-point font in charts, tables, notice. webform. A DUNS number can be figures, graphs, footnotes, and endnotes. Deadline for Intergovernmental created within one to two business days. • Use one of the following fonts: Review: June 16, 2017. If you are a corporate entity, agency, Times New Roman, Courier, Courier 4. Intergovernmental Review: This institution, or organization, you can New, or Arial. An application submitted program is subject to Executive Order obtain a TIN from the Internal Revenue in any other font (including Times 12372 and the regulations in 34 CFR Service. If you are an individual, you Roman and Arial Narrow) will not be part 79. Information about can obtain a TIN from the Internal accepted. Intergovernmental Review of Federal Revenue Service or the Social Security The page limit does not apply to Part Programs under Executive Order 12372 Administration. If you need a new TIN, I, the Application for Federal Assistance is in the application package for this please allow two to five weeks for your (SF 424-cover sheet); the Supplemental program. TIN to become active. Information for SF 424 Form required 5. Funding Restrictions: (a) We The SAM registration process can take by the Department of Education; Part II, specify unallowable costs in 34 CFR approximately seven business days, but the Budget Information-Non- 607.10(c). We reference regulations may take upwards of several weeks, Construction Programs Form (ED 524); outlining funding restrictions in the depending on the completeness and Section A—Budget Summary—U.S. Applicable Regulations section of this accuracy of the data you enter into the Department of Education Funds; Section notice. SAM database. Thus, if you think you B—Budget Summary—Non-Federal (b) Applicants that apply for might want to apply for Federal Funds; Section C—Budget Narrative; construction funds under the title III, financial assistance under a program Part IV, the assurances and part A, HEA programs, must comply administered by the Department, please certifications; the one-page program with Executive Order 13202, signed by allow sufficient time to obtain and abstract; the table of contents; or the former President George W. Bush on register your DUNS number and TIN. bibliography. If you include any February 17, 2001, and amended on We strongly recommend that you attachments or appendices not April 6, 2001. This Executive order register early. specifically requested in the application provides that recipients of Federal construction funds may not ‘‘require or Note: Once your SAM registration is active, package, these items will be counted as it may be 24 to 48 hours before you can part of your application narrative for the prohibit bidders, offerors, contractors, or access the information in, and submit an purpose of the page-limit requirement. subcontractors to enter into or adhere to application through, Grants.gov. agreements with one or more labor Note: The Budget Information-Non- organizations, on the same or other If you are currently registered with Construction Programs Form (ED 524) construction project(s)’’ or ‘‘otherwise SAM, you may not need to make any Sections A–C are not the same as the discriminate against bidders, offerors, changes. However, please make certain narrative response to the Budget section of that the TIN associated with your DUNS the selection criteria. contractors, or subcontractors for becoming or refusing to become or number is correct. Also note that you We will reject your application if you remain signatories or otherwise adhere will need to update your registration exceed the page limit. to agreements with one or more labor annually. This may take three or more 3. Submission Dates and Times: organizations, on the same or other business days. Applications Available: March 1, construction project(s).’’ However, the Information about SAM is available at 2017. Executive order does not prohibit www.SAM.gov. To further assist you Deadline for Transmittal of contractors or subcontractors from with obtaining and registering your Applications: April 17, 2017. voluntarily entering into these DUNS number and TIN in SAM or Applications for grants under this agreements. Projects funded under this updating your existing SAM account, program must be submitted program that include construction we have prepared a SAM.gov Tip Sheet, electronically using the Grants.gov activity will be provided a copy of this which you can find at: www2.ed.gov/ Apply site (Grants.gov). For information Executive order and will be asked to fund/grant/apply/sam-faqs.html. (including dates and times) about how certify that they will adhere to it. In addition, if you are submitting your to submit your application 6. Data Universal Numbering System application via Grants.gov, you must (1) electronically, or in paper format by Number, Taxpayer Identification be designated by your organization as an mail or hand delivery if you qualify for Number, and System for Award Authorized Organization Representative an exception to the electronic Management: To do business with the (AOR); and (2) register yourself with submission requirement, please refer to Department of Education, you must— Grants.gov as an AOR. Details on these Other Submission Requirements in a. Have a Data Universal Numbering steps are outlined at the following section IV of this notice. System (DUNS) number and a Taxpayer Grants.gov Web page: www.grants.gov/ We do not consider an application Identification Number (TIN); web/grants/register.html. that does not comply with the deadline b. Register both your DUNS number 7. Other Submission Requirements: requirements. and TIN with the System for Award Applications for grants under this Individuals with disabilities who Management (SAM), the Government’s program must be submitted need an accommodation or auxiliary aid primary registrant database; electronically unless you qualify for an in connection with the application c. Provide your DUNS number and exception to this requirement in process should contact one of the TIN on your application; and accordance with the instructions in this persons listed under For Further d. Maintain an active SAM section. Information Contact in section VII of registration with current information a. Electronic Submission of this notice. If the Department provides while your application is under review Applications.

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Applications for grants under the SIP you do not wait until the application email if your application met all the (CFDA number 84.031F) must be deadline date to begin the submission Grants.gov validation requirements or if submitted electronically using the process through Grants.gov. there were any errors (such as Governmentwide Grants.gov Apply site • You should review and follow the submission of your application by at www.Grants.gov. Through this site, Education Submission Procedures for someone other than a registered you will be able to download a copy of submitting an application through Authorized Organization the application package, complete it Grants.gov that are included in the Representative, or inclusion of an offline, and then upload and submit application package for this program to attachment with a file name that your application. You may not email an ensure that you submit your application contains special characters). You will be electronic copy of a grant application to in a timely manner to the Grants.gov given an opportunity to correct any us. system. You can also find the Education errors and resubmit, but you must still We will reject your application if you Submission Procedures pertaining to meet the deadline for submission of submit it in paper format unless, as Grants.gov under News and Events on applications. described elsewhere in this section, you the Department’s G5 system home page Once your application is successfully qualify for one of the exceptions to the at www.G5.gov. In addition, for specific validated by Grants.gov, the Department electronic submission requirement and guidance and procedures for submitting then will retrieve your application from submit, no later than two weeks before an application through Grants.gov, Grants.gov and send you an email with the application deadline date, a written please refer to the Grants.gov Web site a unique PR/Award number for your statement to the Department that you at: www.grants.gov/web/grants/ application. qualify for one of these exceptions. applicants/apply-for-grants.html. These emails do not mean that your Further information regarding • You will not receive additional application is without any disqualifying calculation of the date that is two weeks point value because you submit your errors. While your application may have before the application deadline date is application in electronic format, nor been successfully validated by provided later in this section under will we penalize you if you qualify for Grants.gov, it must also meet the Exception to Electronic Submission an exception to the electronic Department’s application requirements Requirement. submission requirement, as described as specified in this notice and in the You may access the electronic grant elsewhere in this section, and submit application instructions. Disqualifying application for this competition at your application in paper format. errors could include, for instance, www.Grants.gov. You must search for • You must submit all documents failure to upload attachments in a read- the downloadable application package electronically, including all information only, non-modifiable PDF; failure to for this program by the CFDA number. you typically provide on the following submit a required part of the Do not include the CFDA number’s forms: Application for Federal application; or failure to meet applicant alpha suffix in your search (e.g., search Assistance (SF 424), the Department of eligibility requirements. It is your for 84.031, not 84.031F). Education Supplemental Information for responsibility to ensure that your Please note the following: SF 424, Budget Information—Non- submitted application has met all of the • When you enter the Grants.gov site, Construction Programs (ED 524), and all Department’s requirements. you will find information about necessary assurances and certifications. • We may request that you provide us submitting an application electronically • You must upload any narrative original signatures on forms at a later through the site, as well as the hours of sections and all other attachments to date. operation. your application as files in a read-only, Application Deadline Date Extension • Applications received by non-modifiable Portable Document in Case of Technical Issues with the Grants.gov are date and time stamped. Format (PDF). Do not upload an Grants.gov System: If you are Your application must be fully interactive or fillable PDF file. If you experiencing problems submitting your uploaded and submitted and must be upload a file type other than a read- application through Grants.gov, please date and time stamped by the only, non-modifiable PDF (e.g., Word, contact the Grants.gov Support Desk, Grants.gov system no later than 4:30:00 Excel, WordPerfect, etc.) or submit a toll free, at 1–800–518–4726. You must p.m., Washington, DC time, on the password-protected file, we will not obtain a Grants.gov Support Desk Case application deadline date. Except as review that material. Please note that Number and must keep a record of it. otherwise noted in this section, we will this could result in your application not If you are prevented from not accept your application if it is being considered for funding because electronically submitting your received—that is, date and time the material in question—for example, application on the application deadline stamped by the Grants.gov system—after the application narrative—is critical to a date because of technical problems with 4:30:00 p.m., Washington, DC time, on meaningful review of your proposal. For the Grants.gov system, we will grant you the application deadline date. We do that reason it is important to allow an extension until 4:30:00 p.m., not consider an application that does yourself adequate time to upload all Washington, DC time, the following not comply with the deadline material as PDF files. The Department business day to enable you to transmit requirements. When we retrieve your will not convert material from other your application electronically or by application from Grants.gov, we will formats to PDF. hand delivery. You also may mail your notify you if we are rejecting your • Your electronic application must application by following the mailing application because it was date and time comply with any page-limit instructions described elsewhere in this stamped by the Grants.gov system after requirements described in this notice. notice. 4:30:00 p.m., Washington, DC time, on • After you electronically submit If you submit an application after the application deadline date. your application, you will receive from 4:30:00 p.m., Washington, DC time, on • The amount of time it can take to Grants.gov an automatic notification of the application deadline date, please upload an application will vary receipt that contains a Grants.gov contact one of the persons listed under depending on a variety of factors, tracking number. This notification FOR FURTHER INFORMATION CONTACT in including the size of the application and indicates receipt by Grants.gov only, not section VII of this notice and provide an the speed of your Internet connection. receipt by the Department. Grants.gov explanation of the technical problem Therefore, we strongly recommend that will also notify you automatically by you experienced with Grants.gov, along

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with the Grants.gov Support Desk Case application deadline date, to the V. Application Review Information Number. We will accept your Department at the following address: 1. Selection Criteria: The selection application if we can confirm that a U.S. Department of Education, criteria for this program are from 34 CFR technical problem occurred with the Application Control Center, Attention: 607.22(a) through (g) and 34 CFR Grants.gov system and that the problem (CFDA Number 84.031F), LBJ Basement 75.210. Applicants must address each of affected your ability to submit your Level 1, 400 Maryland Avenue SW., the following selection criteria application by 4:30:00 p.m., Washington, DC 20202–4260. (separately for each proposed activity). Washington, DC time, on the You must show proof of mailing The total weight of the selection criteria application deadline date. We will consisting of one of the following: is 105 points; the maximum score for contact you after we determine whether (1) A legibly dated U.S. Postal Service each criterion is noted in parentheses. your application will be accepted. postmark. (a) Quality of the Applicant’s Note: The extensions to which we refer in (2) A legible mail receipt with the Comprehensive Development Plan. this section apply only to the unavailability date of mailing stamped by the U.S. (Maximum 20 Points) The extent to of, or technical problems with, the Grants.gov Postal Service. which— system. We will not grant you an extension (3) A dated shipping label, invoice, or (1) The strengths, weaknesses, and if you failed to fully register to submit your receipt from a commercial carrier. significant problems of the institution’s application to Grants.gov before the (4) Any other proof of mailing academic programs, institutional application deadline date and time or if the acceptable to the Secretary of the U.S. management, and fiscal stability are technical problem you experienced is Department of Education. clearly and comprehensively analyzed unrelated to the Grants.gov system. If you mail your application through and result from a process that involved Exception to Electronic Submission the U.S. Postal Service, we do not major constituencies of the institution; Requirement: You qualify for an accept either of the following as proof (2) The goals for the institution’s exception to the electronic submission of mailing: academic programs, institutional requirement, and may submit your (1) A private metered postmark. management, and fiscal stability are application in paper format, if you are (2) A mail receipt that is not dated by realistic and based on comprehensive unable to submit an application through the U.S. Postal Service. analysis; the Grants.gov system because— (3) The objectives stated in the plan • You do not have access to the Note: The U.S. Postal Service does not are measurable, related to institutional uniformly provide a dated postmark. Before Internet; or goals, and, if achieved, will contribute • relying on this method, you should check You do not have the capacity to with your local post office. to the growth and self-sufficiency of the upload large documents to the institution; and Grants.gov system; and We will not consider applications (4) The plan clearly and • No later than two weeks before the postmarked after the deadline date. comprehensively describes the methods application deadline date (14 calendar c. Submission of Paper Applications and resources the institution will use to days or, if the fourteenth calendar day by Hand Delivery. institutionalize practice and before the application deadline date If you qualify for an exception to the improvements developed under the falls on a Federal holiday, the next electronic submission requirement, you proposed project, including, in business day following the Federal (or a courier service) may deliver your particular, how operational costs for holiday), you mail or fax a written paper application to the Department by personnel, maintenance, and upgrades statement to the Department, explaining hand. You must deliver the original and of equipment will be paid with which of the two grounds for an two copies of your application by hand, institutional resources. exception prevents you from using the on or before the application deadline (b) Quality of the Project Design. Internet to submit your application. date, to the Department at the following (Maximum 10 Points) The Secretary If you mail your written statement to address: U.S. Department of Education, considers the quality of the design of the the Department, it must be postmarked Application Control Center, Attention: proposed project. In determining the no later than two weeks before the (CFDA Number 84.031F), 550 12th quality of the design of the proposed application deadline date. If you fax Street SW., Room 7041, Potomac Center project, the Secretary considers the your written statement to the Plaza, Washington, DC 20202–4260. extent to which the proposed project is Department, we must receive the faxed The Application Control Center supported by strong theory (as defined statement no later than two weeks accepts hand deliveries daily between in this notice). before the application deadline date. 8:00 a.m. and 4:30:00 p.m., Washington, (c) Quality of Activity Objectives. Address and mail or fax your DC time, except Saturdays, Sundays, (Maximum 15 Points) The extent to statement to: James E. Laws, Jr., U.S. and Federal holidays. which the objectives for each activity Department of Education, 400 Maryland Note for Mail or Hand Delivery of Paper are— Avenue SW., Room 4C141, Washington, Applications: If you mail or hand deliver (1) Realistic and defined in terms of DC 20202–6450. FAX: (202) 401–8466. your application to the Department— measurable results; and Your paper application must be (1) You must indicate on the envelope (2) Directly related to the problems to submitted in accordance with the mail and—if not provided by the Department—in be solved and to the goals of the or hand delivery instructions described Item 11 of the SF 424 the CFDA number, comprehensive development plan. in this notice. including suffix letter, if any, of the (d) Quality of Implementation b. Submission of Paper Applications competition under which you are submitting Strategy. (Maximum 15 Points) The by Mail. your application; and extent to which— If you qualify for an exception to the (2) The Application Control Center will (1) The implementation strategy for electronic submission requirement, you mail to you a notification of receipt of your each activity is comprehensive; grant application. If you do not receive this may mail (through the U.S. Postal notification within 15 business days from the (2) The rationale for the Service or a commercial carrier) your application deadline date, you should call implementation strategy for each application to the Department. You the U.S. Department of Education activity is clearly described and is must mail the original and two copies Application Control Center at (202) 245– supported by the results of relevant of your application, on or before the 6288. studies or projects; and

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(3) The timetable for each activity is or activities receiving Federal financial (4) Acquisition of equipment for use realistic and likely to be attained. assistance from the Department of in strengthening management and (e) Quality of Key Personnel. Education (34 CFR 100.4, 104.5, 106.4, academic programs; (Maximum 8 Points) The extent to 108.8, and 110.23). (5) Joint use of facilities; and which— A panel of three non-Federal (6) Student services. (1) The past experience and training reviewers will review and score each For the purpose of these funding of key professional personnel are application in accordance with the considerations, we use 2014–2015 data. directly related to the stated activity selection criteria in 34 CFR 607.22(a) If a tie remains after applying the tie- objectives; and through (g) and 34 CFR 75.210. The breaker mechanism above, priority will (2) The time commitment of key panel will also assess the relevance of be given to applicants that have the personnel is realistic. the evidence submitted in response to lowest endowment values per FTE (f) Quality of Project Management the absolute priority. A rank order enrolled student. 3. Risk Assessment and Special Plan. (Maximum 10 Points) The extent funding slate will be made from this Conditions: Consistent with 2 CFR to which— review, and the Department will 200.205, before awarding grants under (1) Procedures for managing the determine which applicants will be this competition the Department project are likely to ensure efficient and considered for funding based on their conducts a review of the risks posed by effective project implementation; and reviewed scores. Applicants whose applicants. Under 2 CFR 3474.10, the (2) The project coordinator and scores fall below the funding range will Secretary may impose special activity directors have sufficient not have their applications further conditions and, in appropriate authority to conduct the project reviewed. For applications within the circumstances, high-risk conditions on a effectively, including access to the funding range, the Institute for grant if the applicant or grantee is not president or chief executive officer. Education Sciences (IES) will then (g) Quality of Evaluation Plan. financially stable; has a history of evaluate the quality of their evidence to (Maximum 20 Points) The extent to unsatisfactory performance; has a determine whether it meets the which— financial or other management system definition of ‘‘moderate evidence of (1) The data elements and the data that does not meet the standards in 2 effectiveness’’ under the absolute collection procedures are clearly CFR part 200, subpart D; has not priority. Applicants whose evidence described and appropriate to measure fulfilled the conditions of a prior grant; does not meet the requirements of the the attainment of activity objectives and or is otherwise not responsible. absolute priority are not eligible for to measure the success of the project in 4. Integrity and Performance System: funding. The Department will continue achieving the goals of the If you are selected under this reviewing the evidence submitted by comprehensive development plan; and competition to receive an award that (2) The data analysis procedures are applicants within the preliminary over the course of the project period clearly described and are likely to funding range until it has a sufficient may exceed the simplified acquisition produce formative and summative number of applicants that are highly threshold (currently $150,000), under results on attaining activity objectives rated and meet the requirements of the 2 CFR 200.205(a)(2) we must make a and measuring the success of the project absolute priority and the Department judgment about your integrity, business on achieving the goals of the has used all funding available for this ethics, and record of performance under comprehensive development plan. competition. For applicants that meet Federal awards—that is, the risk posed (3) The extent to which the methods the requirements of the absolute by you as an applicant—before we make of evaluation will, if well-implemented, priority, awards will be made in rank an award. In doing so, we must consider produce evidence about the project’s order according to the average score any information about you that is in the effectiveness that would meet the What received from the non-Federal peer integrity and performance system Works Clearinghouse Evidence reviewers. (currently referred to as the Federal Standards with reservations. Tie-breaker. In tie-breaking situations, Awardee Performance and Integrity (h) Budget. (Maximum 7 Points) The 34 CFR 607.23(b) requires that we award Information System (FAPIIS)), extent to which the proposed costs are one additional point to an application accessible through SAM. You may necessary and reasonable in relation to from an IHE that has an endowment review and comment on any the project’s objectives and scope. fund of which the current market value, information about yourself that a 2. Review and Selection Process: We per FTE enrolled student, is less than Federal agency previously entered and remind potential applicants that in the average current market value of the that is currently in FAPIIS. reviewing applications in any endowment funds, per FTE enrolled Please note that, if the total value of discretionary grant competition, the student, at comparable type institutions your currently active grants, cooperative Secretary may consider, under 34 CFR that offer similar instruction. We award agreements, and procurement contracts 75.217(d)(3), the past performance of the one additional point to an application from the Federal Government exceeds applicant in carrying out a previous from an IHE that has expenditures for $10,000,000, the reporting requirements award, such as the applicant’s use of library materials per FTE enrolled in 2 CFR part 200, Appendix XII, funds, achievement of project student that are less than the average require you to report certain integrity objectives, and compliance with grant expenditure for library materials per information to FAPIIS semiannually. conditions. The Secretary may also FTE enrolled student at similar type Please review the requirements in 2 CFR consider whether the applicant failed to institutions. We also add one additional part 200, Appendix XII, if this grant submit a timely performance report or point to an application from an IHE that plus all the other Federal funds you submitted a report of unacceptable proposes to carry out one or more of the receive exceed $10,000,000. quality. following activities— In addition, in making a competitive (1) Faculty development; VI. Award Administration Information grant award, the Secretary requires (2) Funds and administrative 1. Award Notices: If your application various assurances including those management; is successful, we notify your U.S. applicable to Federal civil rights laws (3) Development and improvement of Representative and U.S. Senators and that prohibit discrimination in programs academic programs; send you a Grant Award Notification

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(GAN); or we may send you an email previous year and are enrolled in the can view this document, as well as all containing a link to access an electronic current year at the same SIP institution; other documents of this Department version of your GAN. We may notify d. The percentage of first-time, full- published in the Federal Register, in you informally, also. time degree-seeking undergraduate text or PDF. To use PDF you must have If your application is not evaluated or students enrolled at four-year SIP Adobe Acrobat Reader, which is not selected for funding, we notify you. institutions graduating within six years available free at this site. 2. Administrative and National Policy of enrollment; and You may also access documents of the Requirements: We identify e. The percentage of first-time, full- Department published in the Federal administrative and national policy time degree-seeking undergraduate Register by using the article search requirements in the application package students enrolled at two-year SIP feature at: www.federalregister.gov. and reference these and other institutions graduating within three Specifically, through the advanced requirements in the Applicable years of enrollment. feature at this site, you can limit your Regulations section of this notice. 5. Continuation Awards: In making a search to documents published by the We reference the regulations outlining continuation award under 34 CFR Department. 75.253, the Secretary considers, among the terms and conditions of an award in Dated: February 24, 2017. other things: whether a grantee has the Applicable Regulations section of Linda Byrd-Johnson, this notice and include these and other made substantial progress in achieving Acting Deputy Assistant Secretary, Higher specific conditions in the GAN. The the goals and objectives of the project; whether the grantee has expended funds Education Programs, and Senior Director, GAN also incorporates your approved Student Service. in a manner that is consistent with its application as part of your binding [FR Doc. 2017–04005 Filed 2–28–17; 8:45 am] commitments under the grant. approved application and budgets; and, BILLING CODE 4000–01–P 3. Reporting: (a) If you apply for a if the Secretary has established grant under this competition, you must performance measurement requirements, the performance targets in ensure that you have in place the DEPARTMENT OF EDUCATION necessary processes and systems to the grantee’s approved application. comply with the reporting requirements In making a continuation award, the Applications for New Awards; Charter in 2 CFR part 170 should you receive Secretary also considers whether the Schools Program (CSP) Grants to funding under the competition. This grantee is operating in compliance with Charter Management Organizations for does not apply if you have an exception the assurances in its approved the Replication and Expansion of High- under 2 CFR 170.110(b). application, including those applicable Quality Charter Schools; Correction (b) At the end of your project period, to Federal civil rights laws that prohibit you must submit a final performance discrimination in programs or activities AGENCY: Office of Innovation and report, including financial information, receiving Federal financial assistance Improvement, Department of Education. as directed by the Secretary. If you from the Department (34 CFR 100.4, ACTION: Notice; correction. receive a multiyear award, you must 104.5, 106.4, 108.8, and 110.23). submit an annual performance report VII. Agency Contacts Catalog of Federal Domestic Assistance that provides the most current (CFDA) Number: 84.282M. performance and financial expenditure FOR FURTHER INFORMATION CONTACT: Nalini Lamba-Nieves, and Jymece SUMMARY: On January 13, 2017, we information as directed by the Secretary published in the Federal Register (82 under 34 CFR 75.118 and 34 CFR Seward, U.S. Department of Education, 400 Maryland Avenue SW., Room FR 4322) a notice inviting applications 607.31. The Secretary may also require for new awards for fiscal year (FY) 2017 more frequent performance reports 4C103, Washington, DC 20202–6450. You may contact these individuals at for the CSP Grants to Charter under 34 CFR 75.720(c). For specific Management Organizations for the requirements on reporting, please go to the following email addresses and telephone numbers: Replication and Expansion of High- www.ed.gov/fund/grant/apply/ Quality Charter Schools program. This [email protected], (202) appforms/appforms.html. document corrects several references to 453–7953 4. Performance Measures: The ‘‘section 1111(c)(2) of the ESEA, as Secretary has established the following [email protected], (202) 453–6138 amended by the NCLB.’’ key performance measures for assessing If you use a TDD or a TTY, call the In addition, in order to afford eligible the effectiveness of the SIP: FRS, toll free, at 1–800–877–8339. applicants the opportunity to apply, or a. The percentage change, over the to amend their applications to provide five-year period, of the number of full- VIII. Other Information additional information related to time degree-seeking undergraduates Accessible Format: Individuals with ‘‘section 1111(c)(2) of the ESEA, as enrolled at SIP institutions. Note that disabilities can obtain this document amended by the ESSA,’’ we are this is a long-term measure that will be and a copy of the application package in reopening the FY 2017 CSP Grants to used to periodically gauge performance; an accessible format (e.g., braille, large Charter Management Organizations for b. The percentage of first-time, full- print, audiotape, or compact disc) on the Replication and Expansion of High- time degree-seeking undergraduate request to one of the persons listed Quality Charter Schools competition. students at four-year SIP institutions under FOR FURTHER INFORMATION DATES: who were in their first year of CONTACT in section VII of this notice. postsecondary enrollment in the Electronic Access to This Document: Deadline for Transmittal of previous year and are enrolled in the The official version of this document is Applications: March 15, 2017. current year at the same SIP institution; the document published in the Federal Deadline for Intergovernmental c. The percentage of first-time, full- Register. Free Internet access to the Review: May 14, 2017. time degree-seeking undergraduate official edition of the Federal Register FOR FURTHER INFORMATION CONTACT: students at two-year SIP institutions and the Code of Federal Regulations is Eddie Moat, U.S. Department of who were in their first year of available via the Federal Digital System Education, 400 Maryland Avenue SW., postsecondary enrollment in the at: www.gpo.gov/fdsys. At this site you Room 4W224, Washington, DC 20202–

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5970. Telephone: (202) 401–2266, or by have Adobe Acrobat Reader, which is knowledge of issues that pertain to email: [email protected]. available free at the site. electricity. If you use a telecommunications You may also access documents of the Tentative Agenda: The meeting of the device for the deaf (TDD) or a text Department published in the Federal EAC is expected to include an update telephone (TTY), call the Federal Relay Register by using the article search on the programs and initiatives of the Service, toll free, at 1–800–877–8339. feature at: www.federalregister.gov. DOE’s Office of Electricity Delivery and SUPPLEMENTARY INFORMATION: On Specifically, through the advanced Energy Reliability. The meeting is also January 13, 2017, we published in the search feature at this site, you can limit expected to include presentations from Federal Register (82 FR 4322) a notice your search to documents published by the new Administration, FERC, and the inviting applications for new awards for the Department. lead author of the MIT Utility of the FY 2017 for the CSP Grants to Charter Dated: February 24, 2017. Future Study, as well as panel Management Organizations for the Margo Anderson, discussions on the Internet of Things Replication and Expansion of High- and the transmission-distribution Acting Assistant Deputy Secretary for Quality Charter Schools program. We Innovation and Improvement. interface in the context of increasing are reopening the competition for two distributed resource additions. [FR Doc. 2017–04004 Filed 2–28–17; 8:45 am] weeks and announcing the new Additionally, the meeting is expected to deadline of March 15, 2017, for BILLING CODE 4000–01–P include a discussion of the plans and transmittal of applications. We are also activities of the Smart Grid correcting all references to ‘‘section Subcommittee, Power Delivery 1111(c)(2) of the ESEA, as amended by DEPARTMENT OF ENERGY Subcommittee, Energy Storage the NCLB’’ with ‘‘section 1111(c)(2) of Electricity Advisory Committee Subcommittee, and the Grid the ESEA, as amended by the ESSA.’’ Modernization Initiative Working All other requirements and conditions AGENCY: Office of Electricity Delivery Group. stated in the notice inviting applications and Energy Reliability, DOE. Tentative Agenda: March 29, 2017 remain the same. ACTION: Notice of open meeting. 12:00 p.m.–1:00 p.m.—EAC Leadership Corrections SUMMARY: This notice announces a Committee Meeting In FR Doc. No. 2017–00748, in the meeting of the Electricity Advisory 12:00 p.m.–1:00 p.m.—Registration Federal Register of January 13, 2017 (82 Committee. The Federal Advisory 1:00 p.m.–1:15 p.m.—Welcome, FR 4322), we make the following Committee Act requires that public Introductions, Developments since corrections: notice of these meetings be announced the September 2016 Meeting (a) On page 4329, beginning in the in the Federal Register. 1:15 p.m.–1:30 p.m.—Update on the middle column and ending on page DATES: DOE Office of Electricity Delivery 4330, in each place in which the phrase Wednesday, March 29, 2017, 12:00 and Energy Reliability’s Programs ‘‘section 1111(c)(2) of the ESEA, as p.m.–6:00 p.m. EST and Initiatives amended by the NCLB’’ appears, revise Thursday, March 30, 2017, 8:00 a.m.– 1:30 p.m.–2:10 p.m.—Presentation from the phrase to read ‘‘section 1111(c)(2) of 12:20 p.m. EST New Administration & EAC the ESEA, as amended by the ESSA’’. ADDRESSES: The meeting will be held at Discussion (b) On page 4329, in the middle the National Rural Electric Cooperative 2:10 p.m.–2:20 p.m.—Break column, remove footnote 6. 2:20 p.m.–4:00 p.m.—Panel: Internet of All other requirements and conditions Association, 4301 Wilson Blvd., Arlington, VA 22203. Things stated in the notice inviting applications 4:00 p.m.–4:10 p.m.—Break FOR FURTHER INFORMATION CONTACT: remain the same. 4:10 p.m.–5:55 p.m.—Panel: Program Authority: Section 4305(b) of Matthew Rosenbaum, Office of Transmission-Distribution Interface the Elementary and Secondary Electricity Delivery and Energy in the Context of Increasing Education Act of 1965, as amended by Reliability, U.S. Department of Energy, Distributed Resource Additions the Every Student Succeeds Act (20 Forrestal Building, Room 8G–017, 1000 5:55 p.m.–6:00 p.m.—Wrap-up and U.S.C. 7221d(b)). Independence Avenue SW., Adjourn Day One of March 2017 Accessible Format: Individuals with Washington, DC 20585; Telephone: Meeting of the EAC disabilities can obtain this document (202) 586–1060 or Email: and a copy of the application package in [email protected]. Tentative Agenda: March 30, 2017 an accessible format (e.g., braille, large SUPPLEMENTARY INFORMATION: 8:00 a.m.–8:20 a.m.—EAC Smart Grid print, audiotape, or compact disc) on Purpose of the Committee: The Subcommittee Activities and Plans request to the program contact person Electricity Advisory Committee (EAC) 8:20 a.m.–8:35 a.m.—EAC Power listed under FOR FURTHER INFORMATION was re-established in July 2010, in Delivery Subcommittee Activities CONTACT. accordance with the provisions of the and Plans Electronic Access to This Document: Federal Advisory Committee Act 8:35 a.m.–9:00 a.m.—EAC Energy The official version of this document is (FACA), as amended, 5 U.S.C., App.2, to Storage Subcommittee Activities the document published in the Federal provide advice to the U.S. Department and Plans Register. Free Internet access to the of Energy (DOE) in implementing the 9:00 a.m.–9:15 a.m.—Break official edition of the Federal Register Energy Policy Act of 2005, executing the 9:15 a.m.–10:45 a.m.—Presentation of and the Code of Federal Regulations is Energy Independence and Security Act MIT Utility of the Future Study available via the Federal Digital System of 2007, and modernizing the nation’s 10:45 a.m.–11:45 a.m.—Presentation at: www.gpo.gov/fdsys. At this site you electricity delivery infrastructure. The from FERC can view this document, as well as all EAC is composed of individuals of 11:45 a.m.–12:05 p.m.—EAC Grid other documents of this Department diverse background selected for their Modernization Initiative Working published in the Federal Register, in technical expertise and experience, Group Activities and Plans text or Adobe Portable Document established records of distinguished 12:05 p.m.–12:10 p.m.—Public Format (PDF). To use PDF you must professional service, and their Comments

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12:10 p.m.–12:20 p.m.—Wrap-up and has been deleted. You must also explain More details on this announcement Adjourn March 2017 Meeting of the the reasons why you believe the deleted are presented in the SUPPLEMENTARY EAC information is exempt from disclosure. INFORMATION section below. The meeting agenda may change to DOE is responsible for the final DATES: Comments regarding these accommodate EAC business. For EAC determination concerning disclosure or confidentiality pledge revisions must be agenda updates, see the EAC Web site nondisclosure of the information and for received on or before May 1, 2017. If at: http://energy.gov/oe/services/ treating it in accordance with the DOE’s you anticipate difficulty in submitting electricity-advisory-committee-eac. Freedom of Information regulations (10 comments within that period, contact Public Participation: The EAC CFR 1004.11). the person listed in ADDRESSES as soon welcomes the attendance of the public as possible. Note: Delivery of the U.S. Postal Service at its meetings. Individuals who wish to mail to DOE may be delayed by several ADDRESSES: Written comments and/or offer public comments at the EAC weeks due to security screening. DOE, questions about this notice should be meeting may do so on Thursday, March therefore, encourages those wishing to addressed to Jacob Bournazian, U.S. 30, 2017, but must register at the comment to submit comments electronically Energy Information Administration, registration table in advance. by email. If comments are submitted by 1000 Independence Avenue SW., Approximately 5 minutes will be regular mail, the Department requests that Washington, DC 20585 or by fax at 202– reserved for public comments. Time they be accompanied by a CD or diskette 586–3045 or by email at allotted per speaker will depend on the containing electronic files of the submission. [email protected]. number who wish to speak but is not FOR FURTHER INFORMATION CONTACT: Minutes: The minutes of the EAC expected to exceed three minutes. meeting will be posted on the EAC Web Jacob Bournazian, U.S. Energy Anyone who is not able to attend the page at: http://energy.gov/oe/services/ Information Administration, 1000 meeting, or for whom the allotted public electricity-advisory-committee-eac. Independence Avenue SW., comments time is insufficient to address Washington, DC 20585, phone: 202– They can also be obtained by contacting pertinent issues with the EAC, is invited 586–5562 (this is not a toll-free Mr. Matthew Rosenbaum at the address to send a written statement to Mr. number), email: jacob.bournazian@ above. Matthew Rosenbaum. eia.gov. Because of delays in the receipt You may submit comments, identified Issued in Washington, DC, on February 24, of regular mail related to security by ‘‘Electricity Advisory Committee 2017. screening, respondents are encouraged Open Meeting,’’ by any of the following LaTanya R. Butler, to use electronic communications. methods: Deputy Committee Management Officer. SUPPLEMENTARY INFORMATION: Under 44 • Mail/Hand Delivery/Courier: [FR Doc. 2017–03976 Filed 2–28–17; 8:45 am] U.S.C. 3506(e), and 44 U.S.C. 3501 Matthew Rosenbaum, Office of BILLING CODE 6450–01–P (note), EIA revised the confidentiality Electricity Delivery and Energy pledge(s) it provides to survey Reliability, U.S. Department of Energy, respondents under the Confidential Forrestal Building, Room 8G–017, 1000 DEPARTMENT OF ENERGY Information Protection and Statistical Independence Avenue SW., Efficiency Act (44 U.S.C. 3501 (note)) Washington, DC 20585. Energy Information Administration (CIPSEA) in a Federal Register notice • Email: matthew.rosenbaum@ released on January 12, 2017 in 82 FR CIPSEA Confidentiality Pledge hq.doe.gov. Include ‘‘Electricity 3764. These revisions were required by Revision Notice Advisory Committee Open Meeting’’ in provisions of the Federal Cybersecurity the subject line of the message. Enhancement Act of 2015 (Pub. L. 114– AGENCY: U.S. Energy Information • Federal eRulemaking Portal: http:// 11, Division N, Title II, Subtitle B, Sec. www.regulations.gov. Follow the Administration (EIA), Department of Energy. 223), which permit and require the instructions for submitting comments. Secretary of the Department of Instructions: All submissions received ACTION: Notice and request for Homeland Security (DHS) to provide must include the agency name and comments. Federal civilian agencies’ information identifier. All comments received will technology systems with cybersecurity be posted without change to http:// SUMMARY: The U.S. Energy Information protection for their Internet traffic. energy.gov/oe/services/electricity- Administration invites public comment Federal statistics provide key advisory-committee-eac, including any on the recent revisions that have been information that the Nation uses to personal information provided. made to the confidentiality pledge it measure its performance and make • Docket: For access to the docket, to provides to its respondents. These informed choices about budgets, read background documents or revisions became effective upon employment, health, investments, taxes, comments received, go to http:// publication of an emergency Federal and a host of other significant topics. energy.gov/oe/services/electricity- Register notice that announced EIA’s The overwhelming majority of Federal advisory-committee-eac. revised confidentiality pledge that it surveys are conducted on a voluntary The following electronic file formats are provides to its respondents under the basis. Respondents, ranging from acceptable: Microsoft Word (.doc), Corel Confidential Information Protection and businesses to households to institutions, Word Perfect (.wpd), Adobe Acrobat Statistical Efficiency Act. These may choose whether or not to provide (.pdf), Rich Text Format (.rtf), plain text revisions are required by the passage the requested information. Many of the (.txt), Microsoft Excel (.xls), and and implementation of provisions of the most valuable Federal statistics come Microsoft PowerPoint (.ppt). If you Federal Cybersecurity Enhancement Act from surveys that ask for highly submit information that you believe to of 2015 which permit and require the sensitive information such as be exempt by law from public Secretary of the Department of proprietary business data from disclosure, you must submit one Homeland Security (DHS) to provide companies or particularly personal complete copy, as well as one copy from Federal civilian agencies’ information information or practices from which the information claimed to be technology systems with cybersecurity individuals. Strong and trusted exempt by law from public disclosure protection for their Internet traffic. confidentiality and exclusively

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statistical use pledges under the risks, thereby, in effect, providing Every EIA employee, as well as every agent, Confidential Information Protection and stronger protection to the integrity of the is subject to a jail term, a fine, or both if he Statistical Efficiency Act (CIPSEA) and respondents’ submissions. or she makes public ANY identifiable similar statistical confidentiality The DHS cybersecurity program’s information you reported. pledges are effective and necessary in objective is to protect Federal civilian A shorter version of the CIPSEA pledge honoring the trust that businesses, information systems from malicious is used for telephone surveys: individuals, and institutions, by their malware attacks. The Federal statistical The information you provide on Form responses, place in statistical agencies. system’s objective is to ensure that the EIA–xxx will be used for statistical purposes Under CIPSEA and similar statistical DHS Secretary performs those essential only and is confidential by law. Per the confidentiality protection statutes, many duties in a manner that honors the Federal Cybersecurity Enhancement Act of Federal statistical agencies make Government’s statutory promises to the 2015, Federal information systems are statutory pledges that the information public to protect their confidential data. protected from malicious activities through respondents provide will be seen only Given that the Department of Homeland cybersecurity screening of transmitted data. by statistical agency personnel or their Security is not a Federal statistical Every EIA employee, as well as every agent, sworn agents, and will be used only for agency, both DHS and the Federal is subject to a jail term, a fine, or both if he statistical purposes. CIPSEA and similar or she makes public ANY identifiable statistical system worked to balance information you reported. statutes protect the confidentiality of both objectives and achieve these OMB No: 1905–0174 Petroleum Marketing information that agencies collect solely mutually reinforcing objectives. for statistical purposes and under a Program Accordingly, DHS and Federal Form EIA–863, ‘‘Petroleum Product Sales pledge of confidentiality. These acts statistical agencies, in cooperation with Identification Survey’’ protect such statistical information from their parent departments, developed a Form EIA–878, ‘‘Motor Gasoline Price administrative, law enforcement, Memorandum of Agreement for the Survey’’ taxation, regulatory, or any other non- installation of Einstein 3A cybersecurity Form EIA–888, ‘‘On-Highway Diesel Fuel statistical use and immunize the protection technology to monitor their Price Survey’’ information submitted to statistical Internet traffic. OMB No: 1905–0175 Natural Gas Data agencies from legal process. Moreover, However, EIA’s current CIPSEA Collection Program many of these statutes carry criminal Form EIA–910, ‘‘Monthly Natural Gas statistical confidentiality pledge Marketers Survey’’ penalties of a Class E felony (fines up to promises that respondents’ data will be $250,000, or up to five years in prison, Form EIA–912, ‘‘Weekly Underground seen only by statistical agency Natural Gas Storage Report’’ or both) for conviction of a knowing and personnel or their sworn agents. Since OMB No: 1905–0205 Monthly Natural Gas willful unauthorized disclosure of it is possible that DHS personnel could Production Report covered information. see some portion of those confidential Form EIA–914, ‘‘Monthly Crude Oil, Lease As part of the Consolidated data in the course of examining the Condensate, and Natural Gas Production Appropriations Act for Fiscal Year 2016 suspicious Internet packets identified by Report’’ signed on December 17, 2015, the OMB No: 1905–0160 Uranium Data Program Einstein 3A sensors, EIA needs to revise Congress included the Federal Form EIA–851Q, ‘‘Domestic Uranium its confidentiality pledge to reflect this Cybersecurity Enhancement Act of 2015 Production Report—Quarterly’’ process change. (Pub. L. 114–113, Division N, Title II, Form EIA–851A, ‘‘Domestic Uranium Therefore, EIA is providing this notice Subtitle B, Sec. 223). This Act, among Production Report—Annual’’ to alert the public of this revision to its other provisions, permits and requires Form EIA–858, ‘‘Uranium Marketing confidentiality pledge in an efficient Annual Survey’’ DHS to provide Federal civilian and coordinated fashion. Below is a OMB No: 1905–0145 Commercial Buildings agencies’ information technology listing of EIA’s current Paperwork Energy Consumption Survey systems with cybersecurity protection Form EIA–871, ‘‘Commercial Buildings for their Internet traffic. The technology Reduction Act OMB numbers and information collection titles and their Energy Consumption Survey’’ currently used to provide this protection OMB No. 1905–0092 Residential Energy against cyber malware is known as associated revised confidentiality Consumption Survey Einstein 3A; it electronically searches pledge(s) for the Information Collections Form EIA–457, ‘‘Residential Energy Internet traffic in and out of Federal whose confidentiality pledges will Consumption Survey’’ civilian agencies in real time for change to reflect the statutory implementation of DHS’ Einstein 3A Issued in Washington, DC, on February 23, malware signatures. 2017. When such a signature is found, the monitoring for cybersecurity protection Internet packets that contain the purposes. Nanda Srinivasan, malware signature are moved to a The following EIA statistical Director, Office of Survey Development and secured area for further inspection by confidentiality pledge will now apply to Statistical Integration, U.S. Energy Information Administration. DHS personnel. Because it is possible the Information Collections whose that such packets entering or leaving a Paperwork Reduction Act Office of [FR Doc. 2017–03971 Filed 2–28–17; 8:45 am] statistical agency’s information Management and Budget numbers and BILLING CODE 6450–01–P technology system may contain a small titles are listed below. portion of confidential statistical data, The information you provide on Form DEPARTMENT OF ENERGY statistical agencies can no longer EIA–XXX will be used for statistical purposes promise their respondents that their only and is confidential by law. In Federal Energy Regulatory accordance with the Confidential Information responses will be seen only by statistical Commission agency personnel or their sworn agents. Protection and Statistical Efficiency Act of However, they can promise, in 2002 and other applicable Federal laws, your responses will not be disclosed in Combined Notice of Filings #1 accordance with provisions of the identifiable form without your consent. Per Take notice that the Commission Federal Cybersecurity Enhancement Act the Federal Cybersecurity Enhancement Act of 2015, that such monitoring can be of 2015, Federal information systems are received the following electric rate used only to protect information and protected from malicious activities through filings: information systems from cybersecurity cybersecurity screening of transmitted data. Docket Numbers: ER17–772–001.

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Applicants: Southwest Power Pool, time on the specified comment date. ‘‘eLibrary’’ link and is available for Inc. Protests may be considered, but electronic review in the Commission’s Description: Compliance filing: intervention is necessary to become a Public Reference Room in Washington, Amended Order No. 825 Compliance party to the proceeding. DC. There is an ‘‘eSubscription’’ link on Filing to be effective 5/11/2017. eFiling is encouraged. More detailed the Web site that enables subscribers to Filed Date: 2/23/17. information relating to filing receive email notification when a Accession Number: 20170223–5064. requirements, interventions, protests, document is added to a subscribed Comments Due: 5 p.m. ET 3/16/17. service, and qualifying facilities filings docket(s). For assistance with any FERC Docket Numbers: ER17–1013–000. can be found at: http://www.ferc.gov/ Online service, please email Applicants: Midcontinent docs-filing/efiling/filing-req.pdf. For [email protected], or call Independent System Operator, Inc. other information, call (866) 208–3676 (866) 208–3676 (toll free). For TTY, call Description: § 205(d) Rate Filing: (toll free). For TTY, call (202) 502–8659. (202) 502–8659. 2017–02–22_SA 2998 Exelon-MISO Dated: February 23, 2017. Comment Date: 5:00 p.m. Eastern Time on March 3, 2017. ENRIS (J371) to be effective 2/6/2017. Nathaniel J. Davis, Sr., Filed Date: 2/22/17. Deputy Secretary. Dated: February 23, 2017. Accession Number: 20170222–5131. [FR Doc. 2017–03924 Filed 2–28–17; 8:45 am] Nathaniel J. Davis, Sr., Comments Due: 5 p.m. ET 3/15/17. BILLING CODE 6717–01–P Deputy Secretary. Docket Numbers: ER17–1014–000. [FR Doc. 2017–03926 Filed 2–28–17; 8:45 am] Applicants: Midcontinent BILLING CODE 6717–01–P Independent System Operator, Inc., DEPARTMENT OF ENERGY Otter Tail Power Company. Description: § 205(d) Rate Filing: Federal Energy Regulatory DEPARTMENT OF ENERGY 2017–02–22_Revisions to Otter Tail Commission Federal Energy Regulatory Attachment O and 30.9 Credit to [Docket No. ID–8091–000] include Basin to be effective 5/1/2017. Commission Filed Date: 2/22/17. Fitzgerald, Brian; Notice of Filing Accession Number: 20170222–5153. Combined Notice of Filings #2 Take notice that on February 21, 2017, Comments Due: 5 p.m. ET 3/15/17. Take notice that the Commission Brian Fitzgerald filed a supplement to Docket Numbers: ER17–1015–000. received the following electric rate application for authorization to hold Applicants: Southwestern Public filings: Service Company. interlocking positions, pursuant to section 305(b) of the Federal Power Act, Docket Numbers: ER17–1018–000. Description: § 205(d) Rate Filing: Applicants: PJM Interconnection, SPS–RBEC–GSEC-Statford Sub–651– 16 U.S.C. 825d(b), Part 45 of the Federal Energy Regulatory Commission’s L.L.C. NOC to be effective 2/24/2017. Description: § 205(d) Rate Filing: Filed Date: 2/23/17. (Commission) Rules of Practice and Procedure, 18 CFR part 45, and Original Service Agreement No. 4625; Accession Number: 20170223–5023. Queue No. AB1–164 to be effective Comments Due: 5 p.m. ET 3/16/17. Commission Order No. 664, 112 FERC 61,298. 1/27/2017. Docket Numbers: ER17–1016–000. Any person desiring to intervene or to Filed Date: 2/23/17. Applicants: PJM Interconnection, protest this filing must file in Accession Number: 20170223–5103. L.L.C. accordance with Rules 211 and 214 of Comments Due: 5 p.m. ET 3/16/17. Description: § 205(d) Rate Filing: the Commission’s Rules of Practice and Docket Numbers: ER17–1019–000. Revisions to OATT Sch 12—Appendix Procedure (18 CFR 385.211, 385.214). Applicants: PJM Interconnection, re: BGE Abandonment Cost Recovery to Protests will be considered by the L.L.C. be effective 5/1/2017. Commission in determining the Description: § 205(d) Rate Filing: Filed Date: 2/23/17. appropriate action to be taken, but will Queue Position AB1–171, Original Accession Number: 20170223–5026. not serve to make protestants parties to Service Agreement No. 4632 to be Comments Due: 5 p.m. ET 3/16/17. the proceeding. Any person wishing to effective1/26/2017. Docket Numbers: ER17–1017–000. become a party must file a notice of Filed Date: 2/23/17. Applicants: Smoky Mountain intervention or motion to intervene, as Accession Number: 20170223–5138. Transmission LLC. appropriate. Such notices, motions, or Comments Due: 5 p.m. ET 3/16/17. Description: Compliance filing: protests must be filed on or before the Docket Numbers: ER17–1020–000. Smoky Mountain Transmission LLC comment date. On or before the Applicants: Black Oak Energy, LLC. Amendment to Proforma to be effective comment date, it is not necessary to Description: Tariff Cancellation: 2/24/2017. serve motions to intervene or protests Cancellation filing to be effective Filed Date: 2/23/17. on persons other than the Applicant. 3/1/2017. Accession Number: 20170223–5063. The Commission encourages Filed Date: 2/23/17. Comments Due: 5 p.m. ET 3/16/17. electronic submission of protests and Accession Number: 20170223–5156. The filings are accessible in the interventions in lieu of paper using the Comments Due: 5 p.m. ET 3/16/17. Commission’s eLibrary system by ‘‘eFiling’’ link at http://www.ferc.gov. Docket Numbers: ER17–1021–000. clicking on the links or querying the Persons unable to file electronically Applicants: Canadian Wood docket number. should submit an original and 5 copies Products—Montreal, Inc. Any person desiring to intervene or of the protest or intervention to the Description: § 205(d) Rate Filing: protest in any of the above proceedings Federal Energy Regulatory Commission, Notice of Succession to be effective must file in accordance with Rules 211 888 First Street NE., Washington, DC 3/1/2017. and 214 of the Commission’s 20426. Filed Date: 2/23/17. Regulations (18 CFR 385.211 and This filing is accessible on-line at Accession Number: 20170223–5158. 385.214) on or before 5:00 p.m. Eastern http://www.ferc.gov, using the Comments Due: 5 p.m. ET 3/16/17.

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The filings are accessible in the EEOC’s Executive Secretariat will accept OMB regulation 5 CFR 1320.8(d)(1), the Commission’s eLibrary system by comments in hard copy. Hard copy Commission sought public comment on clicking on the links or querying the comments should be sent to Bernadette extending its form without change docket number. Wilson, Acting Executive Officer, EEOC, through a 60-day notice published Any person desiring to intervene or 131 M Street NE., Washington, DC October 20, 2016. Comments were protest in any of the above proceedings 20507. Finally, the Executive Secretariat invited on whether this collection must file in accordance with Rules 211 will accept comments totaling six or would continue to enable it to: and 214 of the Commission’s fewer pages by facsimile (‘‘fax’’) (1) Evaluate whether the proposed Regulations (18 CFR 385.211 and machine before the same deadline at data collection tool will have practical 385.214) on or before 5:00 p.m. Eastern (202) 663–4114. (This is not a toll-free utility by enabling a federal agency to time on the specified comment date. number.) Receipt of fax transmittals will determine whether recruitment Protests may be considered, but not be acknowledged, except that the activities are effectively reaching all intervention is necessary to become a sender may request confirmation of segments of the relevant labor pool in party to the proceeding. receipt by calling the Executive compliance with the laws enforced by eFiling is encouraged. More detailed Secretariat staff at (202) 663–4070 the Commission and whether the information relating to filing (voice) or (202) 663–4074 (TTY). (These agency’s selection procedures allow all requirements, interventions, protests, are not toll-free telephone numbers.) applicants to compete on a level playing service, and qualifying facilities filings The EEOC will post online at http:// field regardless of race, national origin, can be found at: http://www.ferc.gov/ www.regulations.gov all comments sex or disability status; docs-filing/efiling/filing-req.pdf. For submitted via this Web site, in hard (2) Evaluate the accuracy of the other information, call (866) 208–3676 copy, or by fax to the Executive agency’s estimate of the burden of the (toll free). For TTY, call (202) 502–8659. Secretariat. These comments will be proposed collection of information, Dated: February 23, 2017. posted without change, including any including the validity of the personal information you provide. methodology and assumptions used; Nathaniel J. Davis, Sr., However, the EEOC reserves the right to (3) Enhance the quality, utility, and Deputy Secretary. refrain from posting libelous or clarity of the information to be [FR Doc. 2017–03925 Filed 2–28–17; 8:45 am] otherwise inappropriate comments collected; and BILLING CODE 6717–01–P including those that contain obscene, (4) Minimize the burden of the indecent, or profane language; that collection of information on applicants contain threats or defamatory for federal employees who choose to EQUAL EMPLOYMENT OPPORTUNITY statements; that contain hate speech respond, including through the use of COMMISSION directed at race, color, sex, national appropriate automated, electronic, origin, age, religion, disability, or mechanical, or other technological Agency Information Collection genetic information; or that promote or collection techniques or other forms of Activities endorse services or products. All information technology, e.g., permitting AGENCY: Equal Employment comments received, including any electronic submission of responses. Opportunity Commission. personal information provided, also will One comment was received. The commenter was concerned that there is ACTION: Notice of information be available for public inspection during a severe under reporting in the federal collection—extension without change: normal business hours by appointment government because both OPM’s ‘‘Self Demographic information on applicants only at the EEOC Headquarters Library, Identification of Disability’’ SF256 Form for Federal employment. 131 M Street NE., Washington, DC 20507. Upon request, individuals who and the ‘‘Demographic Information on SUMMARY: In accordance with the require assistance viewing comments Federal Job Applicants’’ form fail to Paperwork Reduction Act, the Equal will be provided appropriate aids such consider the individual’s privacy. The Employment Opportunity Commission as readers or print magnifiers. To commenter believes that anonymous (EEOC or Commission) announces that schedule an appointment, contact EEOC collection of this data would result in a it is submitting to the Office of Library staff at (202) 663–4630 (voice) or more accurate representation for all Management and Budget (OMB) a (202) 663–4641 (TTY). (These are not groups. request for a three-year extension toll-free numbers.) With respect to the Demographic without change of the Demographic FOR FURTHER INFORMATION CONTACT: Information on Federal Job Applicants Information on Federal Job Applicants, Jamie Price, Federal Sector Programs, form, EEOC believes that anonymity is OMB No. 3046–0046. Office of Federal Operations, 131 M addressed, as the form states in its first paragraph that it is not placed in the DATES: Written comments on this notice Street NE., Washington, DC 20507, (202) individual’s personnel file or forwarded must be submitted on or before March 663–4484 (voice); (202) 663–4593 to the panel rating the applications, the 31, 2017. (TTY). selecting official, or anyone else that can ADDRESSES: Comments on this notice SUPPLEMENTARY INFORMATION: The affect the application. EEOC cannot must be submitted to Joseph B. Nye, EEOC’s Demographic Information on address the comment as it relates to Policy Analyst, Office of Information Federal Job Applicants form (OMB No. OPM’s Form 256. and Regulatory Affairs, Office of 3046–0046) is intended for use by Management and Budget, 725 17th federal agencies in gathering data on the Overview of This Information Street NW., Washington, DC 20503, race, ethnicity, sex, and disability status Collection email [email protected]. of job applicants. This form is used by Collection Title: Demographic Commenters are also encouraged to the EEOC and other agencies to gauge Information on Federal Job Applicants. send comments to the EEOC online at progress and trends over time with OMB Control No.: 3046–0046. http://www.regulations.gov, which is respect to equal employment Description of Affected Public: the Federal eRulemaking Portal. Follow opportunity goals. Individuals submitting applications for the instructions on the Web site for Pursuant to the Paperwork Reduction federal employment. submitting comments. In addition, the Act of 1995, 44 U.S.C. Chapter 35, and Number of Annual Responses: 5,800.

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Estimated Time per Response: 3 previously obtained separate OMB application, or to the public. Rather, the minutes. approval for the use of forms collecting information is used in summary form to Total Annual Burden Hours: 290.1 data on the race, national origin, sex, determine trends over many selections Annual Federal Cost: None. and disability status of applicants. In within a given occupational or Abstract: Under section 717 of Title order to avoid unnecessary duplication organization area. No information from VII and 501 of the Rehabilitation Act, of effort and a proliferation of forms, the the form is entered into an official the Commission is charged with EEOC seeks an extension of the personnel file. reviewing and approving federal approval of a common form to be used Burden Statement: Because of the agencies plans to affirmatively address by all federal agencies. predominant use of online application potential discrimination before it Response by applicants is optional. systems, which require only pointing occurs. Pursuant to such oversight The information obtained will be used and clicking on the selected responses, responsibilities, the Commission has by federal agencies only for evaluating established systems to monitor whether an agency’s recruitment and because the form requests only compliance with Title VII and the activities are effectively reaching all eight questions regarding basic Rehabilitation Act by requiring federal segments of the relevant labor pool and information, the EEOC estimates that an agencies to evaluate their employment whether the agency’s selection applicant can complete the form in practices through the collection and procedures allow all applicants to approximately 3 minutes or less. Based analysis of data on the race, national compete on a level playing field on past experience, we expect that 5,800 origin, sex and disability status of regardless of race, national origin, sex, applicants will choose to complete the applicants for both permanent and or disability status. The voluntary form. temporary employment. responses are treated in a highly Dated: February 23, 2017. Several federal agencies (or confidential manner and play no part in components of such agencies) have For the Commission. the job selection process. The Victoria A. Lipnic, information is not provided to any panel 1 This total is calculated as follows: 5,800 annual Acting Chair. responses × 3 minutes per response = 17,400 rating the applications, to selecting minutes. 17,400/60 = 290 hours. officials, to anyone who can affect the BILLING CODE 6570–01–P

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DEMOGRAPHIC INFORMATION ON APPLICANTS OMB No.: Expiration Date:

Vacancy Announcement No.:

Position Title:

YOUR PRIVACY IS PROTECTED

This information is used to determine if our equal employment opportunity efforts are reaching all segments of the population, consistent with Federal equal employment opportunity laws. Responses to these questions are voluntary. Your responses will not be shown to the panel rating the applications, to the official selecting an applicant for a position, or to anyone else who can affect your application. This form will not be placed in your Personnel file nor will it be provided to your supervisors in your employing office should you be hired. The aggregate information collected through this form will be kept private to the extent permitted by law. See the Privacy Act Statement below for more information.

Completion of this form is voluntary. No individual personnel selections are made based on this information. There will be no impact on your application if you choose not to answer any of these questions.

Thank you for helping us to provide better service.

1. How did you learn about this position? (Check One):

D Agency Internet Site recruitment D Private Employment Web Site o Other Internet Site o Job Fair D Newspaper or magazine D Agency or other Federal government on campus o School or college counselor or other official D Friend or relative working for this agency D Private Employment Office D Agency Human Resources Department (bulletin board or other announcement) u Federal, State, or Local Job Information Center o Other

2. Sex (Check One):

o Male o Female

3. Ethnicity (Check One):

D Hispanic or Latino- a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. o Not Hispanic or Latino

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4. Race (Check all that apply):

D American Indian or Alaska Native- a person having origins in any of the original peoples of North or South America (including Central America), and who maintains tribal affiliation or community attachment. D Asian - a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, or Vietnam. D Black or African American - a person having origins in any of the black racial groups of Africa. D Native Hawaiian or Other Pacific Islander- a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific islands. D White- a person having origins in any of the original peoples of Europe, the Middle East, or North Africa.

5. Disability/Serious Health Condition

The next questions address disability and serious health conditions. Your responses will ensure that our outreach and recruitment policies are reaching a wide range of individuals with physical or mental conditions. Consider your answers without the use of medication and aids (except eyeglasses) or the help of another person.

A. Do you have any of the following? Check all boxes that apply to you:

o Deaf or serious difficulty hearing o Blind or serious difficulty seeing even when wearing glasses u Missing an arm, leg, hand, or foot o Paralysis: Partial or complete paralysis (any cause) o Significant Disfigurement: for example, severe disfigurements caused by burns, wounds, accidents, or congenital disorders o Significant Mobility Impairment: for example, uses a wheelchair, scooter, walker or uses a leg brace to walk o Significant Psychiatric Disorder: for example, bipolar disorder, schizophrenia, PTSD, or major depression o Intellectual Disability (formerly described as mental retardation) o Developmental Disability: for example, cerebral palsy or autism spectrum disorder o Traumatic Brain Injury o Dwarfism o Epilepsy or other seizure disorder u Other disability or serious health condition: for example, diabetes, cancer, cardiovascular disease, anxiety disorder, or HIV infection; a learning disability, a speech impairment, or a hearing impairment

If you did not select one of the options above, please indicate whether.

u None of the conditions listed above apply to me. o I do not wish to answer questions regarding disability/health conditions.

If you have indicated that you have one of the above conditions, you may be eligible to apply under Schedule A Hiring Authority. For more information, please see http://www.opm.gov/policy-data oversight/disability-employment/hiring/#uri=Schedule-A-Hiring-Authority .

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If an applicant checks the box for "other disability or serious health condition," the applicant will be taken to Section A.1.

A.1. Other Disability or Serious Health Condition (Optional)

You indicated that you have a disability or a serious health condition. If you are willing, please select any of the conditions listed below that apply to you. As explained above, your responses will not be shown to the panel rating the applications, to the selecting official, or to anyone else who can affect your application. All responses will remain private to the extent permitted by law. See the Privacy Act Statement below for more information.

Please check all that apply:

u I do not wish to specify any condition. o Alcoholism o Cancer o Cardiovascular or heart disease o Crohn's disease, irritable bowel syndrome, or other gastrointestinal impairment o Depression, anxiety disorder, or other psychological disorder o Diabetes or other metabolic disease o Difficulty seeing even when wearing glasses o Hearing impairment o History of drug addiction (but not currently using illegal drugs) o HIV Infection/AIDS or other immune disorder o Kidney dysfunction: for example, requires dialysis o Learning disabilities or ADHD o Liver disease: for example, hepatitis or cirrhosis o Lupus, fibromyalgia, rheumatoid arthritis, or other autoimmune disorder o Morbid obesity u Nervous system disorder: for example, migraine headaches, Parkinson's disease, or multiple sclerosis o Non-paralytic orthopedic impairments: for example, chronic pain, stiffness, weakness in bones or joints, or some loss of ability to use parts of the body o Orthopedic impairments or osteo-arthritis o Pulmonary or respiratory impairment: for example, asthma, chronic bronchitis, or TB o Sickle cell anemia, hemophilia, or other blood disease o Speech impairment o Spinal abnormalities: for example, spina bifida or scoliosis o Thyroid dysfunction or other endocrine disorder o Other. Please identify the disability/health condition, if willing: ____

PRIVACY ACT AND PAPERWORK REDUCTION ACT STATEMENTS

Privacy Act Statement: This Privacy Act Statement is provided pursuant to 5 U.S.C. 552a (commonly known as the Privacy Act of 1974). The authority for this form is 5 U.S.C. 7201, which provides that the Office of Personnel Management shall implement a minority recruitment program, by the Uniform Guidelines on Employee Selection Procedures, 29 C.F.R. Part 1607.4, which requires collection of demographic data to determine if a selection procedure has an unlawful disparate impact, and by Section 501 of the Rehabilitation Act of 1973, which requires federal agencies to prepare affirmative action plans for the hiring and advancement of people with disabilities. Data relating to an individual applicant are not provided to selecting officials. This form will be seen by Human Resource personnel in the Office of Personnel Management (who are not involved in considering an applicant for a particular job) and by Equal Employment Opportunity Commission officials who will receive aggregate, non-identifiable data from the Office of Personnel Management derived from this form. Purpose and Routine Uses: The aggregate, non-identifiable information summarizing all applicants for a position will be used by the Office of Personnel Management and by the Equal Employment Opportunity Commission to determine if the

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[FR Doc. 2017–03904 Filed 2–28–17; 8:45 am] DATES: Written PRA comments should Number of Respondents and BILLING CODE 6570–01–C be submitted on or before May 1, 2017. Responses: 125 respondents and 125 If you anticipate that you will be responses. submitting comments, but find it Estimated Time per Response: 0.7 FEDERAL COMMUNICATIONS difficult to do so within the period of hours. COMMISSION time allowed by this notice, you should Frequency of Response: On occasion advise the contact listed below as soon reporting requirement, recordkeeping [OMB 3060–0695] as possible. requirement, and third party disclosure ADDRESSES: Direct all PRA comments to requirement. Information Collection Being Reviewed Cathy Williams, FCC, via email Obligation to Respond: Required to by the Federal Communications [email protected] and to obtain or retain benefits. The statutory Commission Under Delegated [email protected]. authority for this collection of Authority information is contained in 47 U.S.C. FOR FURTHER INFORMATION CONTACT: For 154, 303 and 307. AGENCY: Federal Communications additional information about the Commission. Total Annual Burden: 88 hours. information collection, contact Cathy Annual Cost Burden: None. ACTION: Notice and request for Williams at (202) 418–2918. Nature and Extent of Confidentiality: comments. SUPPLEMENTARY INFORMATION: As part of There is no need for confidentiality with SUMMARY: As part of its continuing effort its continuing effort to reduce this collection of information. to reduce paperwork burdens, and as paperwork burdens, and as required by Privacy Act Impact Assessment: No required by the Paperwork Reduction the Paperwork Reduction Act (PRA) of impact(s). Act (PRA) of 1995, the Federal 1995 (44 U.S.C. 3501–3520), the Federal Needs and Uses: If airports have Communications Commission (FCC or Communications Commission (FCC or control towers of Federal Aviation Commission) invites the general public Commission) invites the general public Administration (FAA) flight service and other Federal agencies to take this and other Federal agencies to take this stations and more than one licensee, opportunity to comment on the opportunity to comment on the and wants to have an automated following information collections. following information collections. aeronautical advisory station (Unicom), Comments are requested concerning: Comments are requested concerning: this rule requires that they must write Whether the proposed collection of Whether the proposed collection of an agreement and keep a copy of the information is necessary for the proper information is necessary for the proper agreement with each licensee’s station performance of the functions of the performance of the functions of the authorization. This information will be Commission, including whether the Commission, including whether the used by compliance personnel for information shall have practical utility; information shall have practical utility; enforcement purposes and by licensees the accuracy of the Commission’s the accuracy of the Commission’s to clarify responsibility in operating burden estimate; ways to enhance the burden estimate; ways to enhance the Unicom. quality, utility, and clarity of the quality, utility, and clarity of the Federal Communications Commission. information collected; ways to minimize information collected; ways to minimize Marlene H. Dortch, the burden of the collection of the burden of the collection of Secretary, Office of the Secretary. information on the respondents, information on the respondents, [FR Doc. 2017–03989 Filed 2–28–17; 8:45 am] including the use of automated including the use of automated collection techniques or other forms of collection techniques or other forms of BILLING CODE 6712–01–P information technology; and ways to information technology; and ways to further reduce the information further reduce the information collection burden on small business FEDERAL COMMUNICATIONS collection burden on small business COMMISSION concerns with fewer than 25 employees. concerns with fewer than 25 employees. The FCC may not conduct or sponsor OMB Control No.: 3060–0695. a collection of information unless it Title: Section 87.219, Automatic [OMB 3060–0548] Operations. displays a currently valid OMB control Information Collection Being Reviewed Form No.: N/A. number. No person shall be subject to by the Federal Communications any penalty for failing to comply with Type of Review: Extension of a Commission a collection of information subject to the currently approved collection. PRA that does not display a valid OMB Respondents: Business or other for- AGENCY: Federal Communications control number. profit entities. Commission.

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ACTION: Notice and request for information shall have practical utility; list of all broadcast television stations comments. the accuracy of the Commission’s carried by its system in fulfillment of burden estimate; ways to enhance the the must-carry requirements pursuant to SUMMARY: As part of its continuing effort quality, utility, and clarity of the 47 CFR 76.56. Such list shall include to reduce paperwork burdens, and as information collected; ways to minimize the call sign; community of license, required by the Paperwork Reduction the burden of the collection of broadcast channel number, cable Act (PRA) of 1995, the Federal information on the respondents, channel number, and in the case of a Communications Commission (FCC or including the use of automated noncommercial educational broadcast Commission) invites the general public collection techniques or other forms of station, whether that station was carried and other Federal agencies to take this information technology; and ways to by the cable system on March 29, 1990. opportunity to comment on the further reduce the information 47 CFR 76.1614 and 1709(c) states following information collections. collection burden on small business that a cable operator shall respond in Comments are requested concerning: concerns with fewer than 25 employees. writing within 30 days to any written Whether the proposed collection of OMB Control Number: 3060–0548. request by any person for the information is necessary for the proper Title: Section 76.1708, Principal identification of the signals carried on performance of the functions of the Headend; Sections 76.1709 and 76.1620, its system in fulfillment of the Commission, including whether the Availability of Signals; Section 76.56, requirements of 47 CFR 76.56. information shall have practical utility; Signal Carriage Obligations; Section 47 CFR 76.1620 states that if a cable the accuracy of the Commission’s 76.1614, Identification of Must-Carry operator authorizes subscribers to install burden estimate; ways to enhance the Signals. additional receiver connections, but quality, utility, and clarity of the Type of Review: Extension of a does not provide the subscriber with information collected; ways to minimize currently approved collection. such connections, or with the the burden of the collection of Respondents: Business or other for- equipment and materials for such information on the respondents, profit. connections, the operator shall notify including the use of automated Number of Respondents and such subscribers of all broadcast collection techniques or other forms of Responses: 5,100 respondents; 61,200 stations carried on the cable system information technology; and ways to responses. which cannot be viewed via cable further reduce the information Estimated Time per Response: 0.5–1 without a converter box and shall offer collection burden on small business hour. to sell or lease such a converter box to concerns with fewer than 25 employees. Frequency of Response: such subscribers. Such notification must The FCC may not conduct or sponsor Recordkeeping requirement; Third party be provided by June 2, 1993, and a collection of information unless it disclosure requirement; On occasion annually thereafter and to each new displays a currently valid OMB control reporting requirement. subscriber upon initial installation. The number. No person shall be subject to Obligation to Respond: Required to notice, which may be included in any penalty for failing to comply with obtain or retain benefits. The statutory routine billing statements, shall identify a collection of information subject to the authority for this collection is contained the signals that are unavailable without PRA that does not display a valid OMB in in Sections 4(i), 614 and 615 of the an additional connection, the manner control number. Communications Act of 1934, as for obtaining such additional DATES: Written PRA comments should amended. connection and instructions for be submitted on or before May 1, 2017. Total Annual Burden: 30,600 hours. installation. If you anticipate that you will be Total Annual Cost: None. submitting comments, but find it Privacy Act Impact Assessment: No Federal Communications Commission. difficult to do so within the period of impact(s). Marlene H. Dortch, time allowed by this notice, you should Nature and Extent of Confidentiality: Secretary, Office of the Secretary. advise the contact listed below as soon There is no need for confidentiality with [FR Doc. 2017–03988 Filed 2–28–17; 8:45 am] as possible. this collection of information. BILLING CODE 6712–01–P Needs and Uses: The information ADDRESSES: Direct all PRA comments to collection requirements contained in the Cathy Williams, FCC, via email PRA@ collection are covered under the fcc.gov and to [email protected]. FEDERAL DEPOSIT INSURANCE following rule sections: CORPORATION FOR FURTHER INFORMATION CONTACT: For 47 CFR 76.56 requires cable television additional information about the systems to carry signals of all qualified Notice to All Interested Parties of the information collection, contact Cathy local Noncommercial Educational (NCE) Termination of the Receivership of Williams at (202) 418–2918. sting carriage. As a result of this 10393—Creekside Bank, Woodstock, SUPPLEMENTARY INFORMATION: As part of requirement, the following information Georgia its continuing effort to reduce collection requirements are needed for paperwork burdens, and as required by this collection: Notice is hereby given that the Federal the Paperwork Reduction Act (PRA) of 47 CFR 76.1708 requires that the Deposit Insurance Corporation (‘‘FDIC’’) 1995 (44 U.S.C. 3501–3520), the Federal operator of every cable television system as Receiver for Creekside Bank, Communications Commission (FCC or shall maintain for public inspection the Woodstock, Georgia (‘‘the Receiver’’) Commission) invites the general public designation and location of its principal intends to terminate its receivership for and other Federal agencies to take this headend. If an operator changes the said institution. The FDIC was opportunity to comment on the designation of its principal headend, appointed receiver of Creekside Bank on following information collections. that new designation must be included September 2, 2011. The liquidation of Comments are requested concerning: in its public file. the receivership assets has been whether the proposed collection of 47 CFR 76.1709(a) states effective completed. To the extent permitted by information is necessary for the proper June 17, 1993, the operator of every available funds and in accordance with performance of the functions of the cable television system shall maintain law, the Receiver will be making a final Commission, including whether the for public inspection a file containing a dividend payment to proven creditors.

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Based upon the foregoing, the Department 34.6, 1601 Bryan Street, FEDERAL RESERVE SYSTEM Receiver has determined that the Dallas, TX 75201. Change in Bank Control Notices; continued existence of the receivership No comments concerning the Acquisitions of Shares of a Bank or will serve no useful purpose. termination of this receivership will be Bank Holding Company Consequently, notice is given that the considered which are not sent within receivership shall be terminated, to be this time frame. The notificants listed below have effective no sooner than thirty days after applied under the Change in Bank the date of this Notice. If any person Dated: February 24, 2017. Control Act (12 U.S.C. 1817(j)) and wishes to comment concerning the Federal Deposit Insurance Corporation. § 225.41 of the Board’s Regulation Y (12 termination of the receivership, such Robert E. Feldman, CFR 225.41) to acquire shares of a bank comment must be made in writing and Executive Secretary. or bank holding company. The factors sent within thirty days of the date of [FR Doc. 2017–03956 Filed 2–28–17; 8:45 am] that are considered in acting on the this Notice to: Federal Deposit notices are set forth in paragraph 7 of Insurance Corporation, Division of BILLING CODE 6714–01–P the Act (12 U.S.C. 1817(j)(7)). Resolutions and Receiverships, The notices are available for Attention: Receivership Oversight immediate inspection at the Federal Department 34.6, 1601 Bryan Street, FEDERAL DEPOSIT INSURANCE Reserve Bank indicated. The notices Dallas, TX 75201. CORPORATION also will be available for inspection at No comments concerning the Notice to All Interested Parties of the the offices of the Board of Governors. termination of this receivership will be Termination of the Receivership of Interested persons may express their considered which are not sent within 10290—ISN Bank; Cherry Hill, New views in writing to the Reserve Bank this time frame. Jersey indicated for that notice or to the offices Dated: February 24, 2017. of the Board of Governors. Comments Federal Deposit Insurance Corporation. Notice is hereby given that the Federal must be received not later than March Robert E. Feldman, Deposit Insurance Corporation (‘‘FDIC’’) 13, 2017. Executive Secretary. as Receiver for ISN Bank, Cherry Hill, Federal Reserve Bank of Minneapolis [FR Doc. 2017–03957 Filed 2–28–17; 8:45 am] New Jersey (‘‘the Receiver’’) intends to (Jacquelyn K. Brunmeier, Assistant Vice President) 90 Hennepin Avenue, BILLING CODE 6714–01–P terminate its receivership for said institution. The FDIC was appointed Minneapolis, Minnesota 55480–0291: receiver of ISN Bank on September 17, 1. Jeffory A. Erickson, Sioux Falls, FEDERAL DEPOSIT INSURANCE 2010. The liquidation of the South Dakota; to retain and acquire additional voting shares of Leackco CORPORATION receivership assets has been completed. Bank Holding Company, Inc., Wolsey, To the extent permitted by available Notice to All Interested Parties of the South Dakota, and thereby indirectly funds and in accordance with law, the Termination of the Receivership of acquire shares of American Bank and Receiver will be making a final dividend 10314—Allegiance Bank of North Trust, Wessington Springs, South America Bala Cynwyd, Pennsylvania payment to proven creditors. Dakota. Based upon the foregoing, the Notice is hereby given that the Federal Board of Governors of the Federal Reserve Receiver has determined that the System, February 24, 2017. Deposit Insurance Corporation (‘‘FDIC’’) continued existence of the receivership Yao-Chin Chao, as Receiver for Allegiance Bank of North will serve no useful purpose. America, Bala Cynwyd, Pennsylvania Assistant Secretary of the Board. Consequently, notice is given that the [FR Doc. 2017–03937 Filed 2–28–17; 8:45 am] (‘‘the Receiver’’) intends to terminate its receivership shall be terminated, to be receivership for said institution. The BILLING CODE 6210–01–P effective no sooner than thirty days after FDIC was appointed receiver of the date of this Notice. If any person Allegiance Bank of North America on wishes to comment concerning the November 19, 2010. The liquidation of FEDERAL RESERVE SYSTEM the receivership assets has been termination of the receivership, such Formations of, Acquisitions by, and completed. To the extent permitted by comment must be made in writing and Mergers of Bank Holding Companies available funds and in accordance with sent within thirty days of the date of law, the Receiver will be making a final this Notice to: Federal Deposit The companies listed in this notice dividend payment to proven creditors. Insurance Corporation, Division of have applied to the Board for approval, Based upon the foregoing, the Resolutions and Receiverships, pursuant to the Bank Holding Company Receiver has determined that the Attention: Receivership Oversight Act of 1956 (12 U.S.C. 1841 et seq.) continued existence of the receivership Department 34.6, 1601 Bryan Street, (BHC Act), Regulation Y (12 CFR part will serve no useful purpose. Dallas, TX 75201. 225), and all other applicable statutes Consequently, notice is given that the No comments concerning the and regulations to become a bank receivership shall be terminated, to be termination of this receivership will be holding company and/or to acquire the effective no sooner than thirty days after considered which are not sent within assets or the ownership of, control of, or the date of this Notice. If any person this time frame. the power to vote shares of a bank or wishes to comment concerning the bank holding company and all of the termination of the receivership, such Dated: February 24, 2017. banks and nonbanking companies comment must be made in writing and Federal Deposit Insurance Corporation. owned by the bank holding company, sent within thirty days of the date of Robert E. Feldman, including the companies listed below. this Notice to: Federal Deposit Executive Secretary. The applications listed below, as well Insurance Corporation, Division of [FR Doc. 2017–03955 Filed 2–28–17; 8:45 am] as other related filings required by the Resolutions and Receiverships, Board, are available for immediate BILLING CODE 6714–01–P Attention: Receivership Oversight inspection at the Federal Reserve Bank

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indicated. The applications will also be Healthcare Research and Quality, 5600 www.AHRQ.gov no later than Friday, available for inspection at the offices of Fishers Lane, Mail Stop 06E37A, March 17, 2017. the Board of Governors. Interested Rockville, Maryland, 20857, (301) 427– Sharon B. Arnold, persons may express their views in 1456. For press-related information, Acting Director. writing on the standards enumerated in please contact Alison Hunt at (301) 427– [FR Doc. 2017–03998 Filed 2–28–17; 8:45 am] the BHC Act (12 U.S.C. 1842(c)). If the 1244 or [email protected]. proposal also involves the acquisition of BILLING CODE 4160–90–P If sign language interpretation or other a nonbanking company, the review also includes whether the acquisition of the reasonable accommodation for a nonbanking company complies with the disability is needed, please contact the DEPARTMENT OF HEALTH AND standards in section 4 of the BHC Act Food and Drug Administration (FDA) HUMAN SERVICES (12 U.S.C. 1843). Unless otherwise Office of Equal Employment Opportunity and Diversity Management Agency for Healthcare Research and noted, nonbanking activities will be Quality conducted throughout the United States. on (301) 827–4840, no later than Friday, Unless otherwise noted, comments March 17, 2017. The agenda, roster, and Patient Safety Organizations: Expired regarding each of these applications minutes will be available from Ms. Listing From the Surgical Momentum must be received at the Reserve Bank Bonnie Campbell, Committee PSO indicated or the offices of the Board of Management Officer, Agency for Governors not later than March 22, Healthcare Research and Quality, 5600 AGENCY: Agency for Healthcare Research 2017. Fishers Lane, Rockville, Maryland, and Quality (AHRQ), Department of A. Federal Reserve Bank of St. Louis 20857. Ms. Campbell’s phone number is Health and Human Services (HHS). (David L. Hubbard, Senior Manager) (301) 427–1554. ACTION: Notice of delisting. P.O. Box 442, St. Louis, Missouri 63166–2034. Comments can also be sent SUPPLEMENTARY INFORMATION: SUMMARY: The Patient Safety and Quality Improvement Act of 2005, 42 electronically to I. Purpose [email protected]: U.S.C. 299b–21 to b–26, (Patient Safety 1. Cross County Bancshares, Inc., The National Advisory Council for Act) and the related Patient Safety and Wynne, Arkansas; to acquire additional Healthcare Research and Quality is Quality Improvement Final Rule, 42 shares, for a total of 24.9 percent of authorized by Section 941 of the Public CFR part 3 (Patient Safety Rule), Central Bank, Little Rock, Arkansas. Health Service Act, 42 U.S.C. 299c. In published in the Federal Register on accordance with its statutory mandate, November 21, 2008, 73 FR 70732– Board of Governors of the Federal Reserve 70814, establish a framework by which System, February 24, 2017. the Council is to advise the Secretary of hospitals, doctors, and other health care the Department of Health and Human Yao-Chin Chao, providers may voluntarily report Services and the Director of AHRQ on Assistant Secretary of the Board. information to Patient Safety [FR Doc. 2017–03938 Filed 2–28–17; 8:45 am] matters related to AHRQ’s conduct of its Organizations (PSOs), on a privileged BILLING CODE 6210–01–P mission including providing guidance and confidential basis, for the on (A) priorities for health care research, aggregation and analysis of patient (B) the field of health care research safety events. The Patient Safety Rule DEPARTMENT OF HEALTH AND including training needs and authorizes AHRQ, on behalf of the HUMAN SERVICES information dissemination on health Secretary of HHS, to list as a PSO an care quality and (C) the role of the entity that attests that it meets the Agency for Healthcare Research and Agency in light of private sector activity statutory and regulatory requirements Quality and opportunities for public private for listing. A PSO can be ‘‘delisted’’ by partnerships. The Council is composed the Secretary if it is found to no longer Meeting of the National Advisory of members of the public, appointed by meet the requirements of the Patient Council for Healthcare Research and the Secretary, and Federal ex-officio Safety Act and Patient Safety Rule, Quality members specified in the authorizing when a PSO chooses to voluntarily AGENCY: Agency for Healthcare Research legislation. relinquish its status as a PSO for any and Quality (AHRQ), HHS. reason, or when a PSO’s listing expires. II. Agenda ACTION: Notice of public meeting. The listing from the Surgical The Council meeting will convene at Momentum PSO has expired and AHRQ SUMMARY: In accordance with section 8:30 a.m., with the call to order by the has delisted the PSO accordingly. 10(a) of the Federal Advisory Committee Council Chair and approval of previous DATES: The directories for both listed Act, 5 U.S.C. App. 2, this notice Council summary notes. The meeting is and delisted PSOs are ongoing and announces a meeting of the National reviewed weekly by AHRQ. The Advisory Council for Healthcare open to the public and will be available via webcast at delisting was effective at 12:00 Midnight Research and Quality. ET (2400) on January 21, 2017. www.webconferences.com/ahrq. The DATES: The meeting will be held on meeting will begin with an update on ADDRESSES: Both directories can be Friday, March 24, 2017, from 8:30 a.m. AHRQ’s current research, programs, and accessed electronically at the following to 2:45 p.m. initiatives. The agenda will feature HHS Web site: http:// ADDRESSES: The meeting will be held at discussions on the learning health care www.pso.ahrq.gov/listed. the Hubert H. Humphrey Building, system, Medical Expenditure Panel FOR FURTHER INFORMATION CONTACT: Room 800, 200 Independence Avenue Survey (MEPS), and AHRQ’s work in Eileen Hogan, Center for Quality SW., Washington, DC 20201. rural areas. The final agenda will be Improvement and Patient Safety, AHRQ, FOR FURTHER INFORMATION CONTACT: available on the AHRQ Web site at 5600 Fishers Lane, Room 06N94B, Jaime Zimmerman, Designated Rockville, MD 20857; Telephone (toll Management Official, at the Agency for free): (866) 403–3697; Telephone (local):

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(301) 427–1111; TTY (toll free): (866) committee is to provide advice and Reducing the Risk of Human 438–7231; TTY (local): (301) 427–1130; recommendations to the Agency on Immunodeficiency Virus Transmission Email: [email protected]. FDA’s regulatory issues. At least one by Blood and Blood Products. SUPPLEMENTARY INFORMATION: portion of the meeting will be closed to On April 5, 2017, in open session, the the public. committee will hear overview Background DATES: The meeting will be held on presentations on the research programs The Patient Safety Act authorizes the April 4, 2017, from 8:30 a.m. to 3:45 in the Laboratory of Emerging Pathogens listing of PSOs, which are entities or p.m. and on April 5, 2017, from 8:30 in the Division of Emerging component organizations whose a.m. to 12 p.m. Transfusion-Transmitted Diseases, mission and primary activity are to ADDRESSES: The meeting will be held at Office of Blood Research and Review, conduct activities to improve patient Tommy Douglas Conference Center, Center for Biologics Evaluation and safety and the quality of health care 10000 New Hampshire Ave., Silver Research, FDA. At the conclusion of the delivery. Spring, MD 20903. The conference open session, the meeting will be closed HHS issued the Patient Safety Rule to center’s telephone number is 240–645– to permit discussion where disclosure implement the Patient Safety Act. 4000. Answers to commonly asked would constitute an unwarranted AHRQ administers the provisions of the questions including information invasion of personal privacy in Patient Safety Act and Patient Safety regarding special accommodations due accordance with 5 U.S.C 552b(c)(6). Rule relating to the listing and operation to a disability, visitor parking, and During the closed session, the of PSOs. The Patient Safety Rule transportation may be accessed at: Committee will discuss the research authorizes AHRQ to list as a PSO an http://www.tommydouglascenter.com. progress made by staff involved in the intramural research programs and make entity that attests that it meets the FOR FURTHER INFORMATION CONTACT: recommendations regarding their statutory and regulatory requirements Bryan Emery or Joanne Lipkind, Center personnel actions and staffing decisions. for listing. A PSO can be ‘‘delisted’’ if for Biologics Evaluation and Research, FDA intends to make background it is found to no longer meet the Food and Drug Administration, 10903 material available to the public no later requirements of the Patient Safety Act New Hampshire Ave., Bldg. 71, Rm. than 2 business days before the meeting. and Patient Safety Rule, when a PSO 6132, Silver Spring, MD 20993–0002, If FDA is unable to post the background chooses to voluntarily relinquish its 240–402–8054, 240–402–8106, material on its Web site prior to the status as a PSO for any reason, or when [email protected], meeting, the background material will a PSO’s listing expires. Section 3.108(d) [email protected]; or FDA be made publicly available at the of the Patient Safety Rule requires Advisory Committee Information Line, location of the advisory committee AHRQ to provide public notice when it 1–800–741–8138 (301–443–0572 in the meeting, and the background material removes an organization from the list of Washington, DC area). A notice in the will be posted on FDA’s Web site after federally approved PSOs. Federal Register about last minute the meeting. Background material is The Surgical Momentum PSO, PSO modifications that impact a previously available at: http://www.fda.gov/ number P0154, a component entity of announced advisory committee meeting AdvisoryCommittees/Calendar/ the Surgical Momentum, LLC, chose to cannot always be published quickly default.htm. Scroll down to the let its listing expire by not seeking enough to provide timely notice. appropriate advisory committee meeting Therefore, you should always check the continued listing. Accordingly, the link. Surgical Momentum PSO was delisted Agency’s Web site at http:// Procedure: Interested persons may effective at 12:00 Midnight ET (2400) on www.fda.gov/AdvisoryCommittees/ present data, information, or views, January 21, 2017. default.htm and scroll down to the orally or in writing, on issues pending More information on PSOs can be appropriate advisory committee meeting before the committee. Written obtained through AHRQ’s PSO Web site link, or call the advisory committee submissions may be made to the contact at http://www.pso.ahrq.gov. information line to learn about possible person on or before March 28, 2017. modifications before coming to the Oral presentations from the public will Sharon B. Arnold, meeting. For those unable to attend in Acting Director. be scheduled between approximately person, the meeting will also be 10:50 a.m. to 11:20 a.m. and will be [FR Doc. 2017–03999 Filed 2–28–17; 8:45 am] available via Webcast. The Webcast will scheduled between approximately 3:15 BILLING CODE 4160–90–P be available at the following link for p.m. to 3:45 p.m. on April 4, 2017. Oral both days: April 4, 2017, 115th Meeting presentations from the public will be of the Blood Products Advisory scheduled between approximately 10:15 DEPARTMENT OF HEALTH AND Committee—Day 1 at: http:// HUMAN SERVICES a.m. and 11:15 a.m. on April 5, 2017. fda.yorkcast.com/webcast/Play/ Those individuals interested in making bb044b891a7b48ff82cc30b18ece526e1d; Food and Drug Administration formal oral presentations should notify April 5, 2017, 115th Meeting of the the contact person and submit a brief [Docket No. FDA–2017–N–0001] Blood Products Advisory Committee— statement of the general nature of the Day 2 at: http://fda.yorkcast.com/ Blood Products Advisory Committee; evidence or arguments they wish to webcast/Play/b4068ead1c874966860584 present, the names and addresses of Notice of Meeting b421dcfd231d. proposed participants, and an AGENCY: Food and Drug Administration, SUPPLEMENTARY INFORMATION: indication of the approximate time HHS. Agenda: On April 4, 2017, in open requested to make their presentation on ACTION: Notice. session, the Committee will discuss or before March 20, 2017. Time allotted Recombinant Human Coagulation Factor for each presentation may be limited. If SUMMARY: The Food and Drug IX, GlycoPEGylated. In the afternoon, in the number of registrants requesting to Administration (FDA) announces a open session, the Committee will hear speak is greater than can be reasonably forthcoming public advisory committee an update presentation on a summary of accommodated during the scheduled meeting of the Blood Products Advisory responses to Docket FDA–2016–N–1502: open public hearing session, FDA may Committee. The general function of the Blood Donor Deferral Policy for conduct a lottery to determine the

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speakers for the scheduled open public would constitute a clearly unwarranted SUMMARY: The Department of Health and hearing session. The contact person will invasion of personal privacy. Human Services (HHS) notifies federal notify interested persons regarding their Name of Committee: Center for Scientific agencies of the laboratories and request to speak by March 21, 2017. Review Special Emphasis Panel; Biomedical Instrumented Initial Testing Facilities Closed Committee Deliberations: On Engineering. (IITF) currently certified to meet the April 5, 2017, from 11:15 a.m. to 12:00 Date: March 2–3, 2017. standards of the Mandatory Guidelines p.m., the meeting will be closed to Time: 8:00 a.m. to 9:00 p.m. for Federal Workplace Drug Testing permit discussion where disclosure Agenda: To review and evaluate grant Programs (Mandatory Guidelines). would constitute a clearly unwarranted applications. A notice listing all currently HHS- Place: National Institutes of Health, 6701 invasion of personal privacy (5 U.S.C. Rockledge Drive, Bethesda, MD 20892 certified laboratories and IITFs is 552b(c)(6)). The Committee will discuss (Virtual Meeting). published in the Federal Register the report of the intramural research Contact Person: Joseph D Mosca, Ph.D., during the first week of each month. If program and make recommendations Scientific Review Officer, Center for any laboratory or IITF certification is regarding personnel staffing decisions. Scientific Review, National Institutes of suspended or revoked, the laboratory or Persons attending FDA’s advisory Health, 6701 Rockledge Drive, Room 5158, IITF will be omitted from subsequent committee meetings are advised that the MSC 7808, Bethesda, MD 20892, (301) 435– lists until such time as it is restored to 2344, [email protected]. Agency is not responsible for providing full certification under the Mandatory access to electrical outlets. This notice is being published less than 15 Guidelines. days prior to the meeting due to the timing FDA welcomes the attendance of the limitations imposed by the review and If any laboratory or IITF has public at its advisory committee funding cycle. withdrawn from the HHS National meetings and will make every effort to Name of Committee: Center for Scientific Laboratory Certification Program (NLCP) accommodate persons with disabilities. Review Special Emphasis Panel; Member during the past month, it will be listed If you require accommodations due to a Conflict: Health Services Organization and at the end and will be omitted from the disability, please contact Bryan Emery Delivery. monthly listing thereafter. at least 7 days in advance of the Date: March 6, 2017. This notice is also available on the meeting. Time: 8:00 a.m. to 5:00 p.m. Internet at http://www.samhsa.gov/ Agenda: To review and evaluate grant workplace. FDA is committed to the orderly applications. conduct of its advisory committee Place: National Institutes of Health, 6701 FOR FURTHER INFORMATION CONTACT: meetings. Please visit our Web site at Rockledge Drive, Bethesda, MD 20892 Giselle Hersh, Division of Workplace http://www.fda.gov/Advisory (Telephone Conference Call). Programs, SAMHSA/CSAP, 5600 Committees/AboutAdvisoryCommittees/ Contact Person: Gabriel B Fosu, Ph.D., Scientific Review Officer, Center for Fishers Lane, Room 16N03A, Rockville, ucm111462.htm for procedures on Maryland 20857; 240–276–2600 (voice). public conduct during advisory Scientific Review, National Institutes of committee meetings. Health, 6701 Rockledge Drive, Room 3108, SUPPLEMENTARY INFORMATION: The MSC 7808, Bethesda, MD 20892, (301) 435– Notice of this meeting is given under Department of Health and Human 3562, [email protected]. Services (HHS) notifies federal agencies the Federal Advisory Committee Act (5 This notice is being published less than 15 U.S.C. app. 2). of the laboratories and Instrumented days prior to the meeting due to the timing Initial Testing Facilities (IITF) currently Dated: February 24, 2017. limitations imposed by the review and certified to meet the standards of the funding cycle. Janice M. Soreth, Mandatory Guidelines for Federal (Catalogue of Federal Domestic Assistance Associate Commissioner for Special Medical Workplace Drug Testing Programs Programs. Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, (Mandatory Guidelines). The Mandatory [FR Doc. 2017–03944 Filed 2–28–17; 8:45 am] 93.337, 93.393–93.396, 93.837–93.844, Guidelines were first published in the BILLING CODE 4164–01–P 93.846–93.878, 93.892, 93.893, National Federal Register on April 11, 1988 (53 Institutes of Health, HHS) FR 11970), and subsequently revised in Dated: February 23, 2017. the Federal Register on June 9, 1994 (59 DEPARTMENT OF HEALTH AND Michelle Trout, FR 29908); September 30, 1997 (62 FR HUMAN SERVICES 51118); April 13, 2004 (69 FR 19644); Program Analyst, Office of Federal Advisory Committee Policy. November 25, 2008 (73 FR 71858); National Institutes of Health December 10, 2008 (73 FR 75122); and [FR Doc. 2017–03903 Filed 2–28–17; 8:45 am] on April 30, 2010 (75 FR 22809). Center for Scientific Review; Notice of BILLING CODE 4140–01–P Closed Meetings The Mandatory Guidelines were initially developed in accordance with Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND Executive Order 12564 and section 503 Federal Advisory Committee Act, as HUMAN SERVICES of Public Law 100–71. The ‘‘Mandatory amended (5 U.S.C. App.), notice is Guidelines for Federal Workplace Drug hereby given of the following meetings. Substance Abuse and Mental Health Testing Programs,’’ as amended in the The meetings will be closed to the Services Administration revisions listed above, requires strict public in accordance with the standards that laboratories and IITFs provisions set forth in sections Current List of HHS-Certified must meet in order to conduct drug and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Laboratories and Instrumented Initial specimen validity tests on urine as amended. The grant applications and Testing Facilities Which Meet Minimum specimens for federal agencies. the discussions could disclose Standards To Engage in Urine Drug To become certified, an applicant confidential trade secrets or commercial Testing for Federal Agencies laboratory or IITF must undergo three property such as patentable material, AGENCY: Substance Abuse and Mental rounds of performance testing plus an and personal information concerning Health Services Administration, HHS. on-site inspection. To maintain that individuals associated with the grant certification, a laboratory or IITF must ACTION: Notice. applications, the disclosure of which participate in a quarterly performance

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testing program plus undergo periodic, Laboratory Corporation of America 800–729–6432, (Formerly: SmithKline on-site inspections. Holdings, 7207 N. Gessner Road, Beecham Clinical Laboratories; Laboratories and IITFs in the Houston, TX 77040, 713–856–8288/ SmithKline Bio-Science Laboratories). applicant stage of certification are not to 800–800–2387. Quest Diagnostics Incorporated, 400 be considered as meeting the minimum Laboratory Corporation of America Egypt Road, Norristown, PA 19403, requirements described in the HHS Holdings, 69 First Ave., Raritan, NJ 610–631–4600/877–642–2216, Mandatory Guidelines. A HHS-certified 08869, 908–526–2400/800–437–4986, (Formerly: SmithKline Beecham laboratory or IITF must have its letter of (Formerly: Roche Biomedical Clinical Laboratories; SmithKline Bio- certification from HHS/SAMHSA Laboratories, Inc.). Science Laboratories). (formerly: HHS/NIDA), which attests Laboratory Corporation of America Quest Diagnostics Incorporated, 8401 that it has met minimum standards. Holdings, 1904 Alexander Drive, Fallbrook Ave., West Hills, CA 91304, In accordance with the Mandatory Research Triangle Park, NC 27709, 818–737–6370, (Formerly: SmithKline Guidelines dated November 25, 2008 919–572–6900/800–833–3984, Beecham Clinical Laboratories). (73 FR 71858), the following HHS- (Formerly: LabCorp Occupational Redwood Toxicology Laboratory, 3700 certified laboratories and IITFs meet the Testing Services, Inc., CompuChem Westwind Blvd., Santa Rosa, CA minimum standards to conduct drug Laboratories, Inc.; CompuChem 95403, 800–255–2159. and specimen validity tests on urine Laboratories, Inc., A Subsidiary of specimens: Roche Biomedical Laboratory; Roche STERLING Reference Laboratories, 2617 CompuChem Laboratories, Inc., A East L Street, Tacoma, Washington HHS-Certified Instrumented Initial 98421, 800–442–0438. Testing Facilities Member of the Roche Group). Laboratory Corporation of America U.S. Army Forensic Toxicology Drug Dynacare, 6628 50th Street NW., Holdings, 1120 Main Street, Testing Laboratory, 2490 Wilson St., Edmonton, AB Canada T6B 2N7, 780– Southaven, MS 38671, 866–827–8042/ Fort George G. Meade, MD 20755– 784–1190, (Formerly: Gamma- 800–233–6339, (Formerly: LabCorp 5235, 301–677–7085, Testing for Dynacare Medical Laboratories). Occupational Testing Services, Inc.; Department of Defense (DoD) HHS-Certified Laboratories MedExpress/National Laboratory Employees Only. Center). ACM Medical Laboratory, Inc., 160 The following laboratory has LabOne, Inc. d/b/a Quest Diagnostics, Elmgrove Park, Rochester, NY 14624, voluntarily withdrawn from the 10101 Renner Blvd., Lenexa, KS 844–486–9226. National Laboratory Certification Aegis Analytical Laboratories, Inc., 345 66219, 913–888–3927/800–873–8845, Program, as of January 6, 2017: Hill Ave., Nashville, TN 37210, 615– (Formerly: Quest Diagnostics Southwest Laboratories, 4625 E. Cotton 255–2400, (Formerly: Aegis Sciences Incorporated; LabOne, Inc.; Center for Center Boulevard, Suite 177, Phoenix, Corporation, Aegis Analytical Laboratory Services, a Division of AZ 85040, 602–438–8507/800–279– Laboratories, Inc., Aegis Analytical LabOne, Inc.). 0027. Laboratories). MedTox Laboratories, Inc., 402 W. * The Standards Council of Canada Alere Toxicology Services, 1111 Newton County Road D, St. Paul, MN 55112, (SCC) voted to end its Laboratory St., Gretna, LA 70053, 504–361–8989/ 651–636–7466/800–832–3244. Accreditation Program for Substance MetroLab-Legacy Laboratory Services, 800–433–3823, (Formerly: Kroll Abuse (LAPSA) effective May 12, 1998. 1225 NE 2nd Ave., Portland, OR Laboratory Specialists, Inc., Laboratories certified through that 97232, 503–413–5295/800–950–5295. Laboratory Specialists, Inc.). program were accredited to conduct Minneapolis Veterans Affairs Medical Alere Toxicology Services, 450 forensic urine drug testing as required Center, Forensic Toxicology Southlake Blvd., Richmond, VA by U.S. Department of Transportation Laboratory, 1 Veterans Drive, 23236, 804–378–9130, (Formerly: (DOT) regulations. As of that date, the Minneapolis, MN 55417, 612–725– Kroll Laboratory Specialists, Inc., certification of those accredited 2088, Testing for Veterans Affairs Scientific Testing Laboratories, Inc.; Canadian laboratories will continue Kroll Scientific Testing Laboratories, (VA) Employees Only. National Toxicology Laboratories, Inc., under DOT authority. The responsibility Inc.). for conducting quarterly performance Baptist Medical Center—Toxicology 1100 California Ave., Bakersfield, CA 93304, 661–322–4250/800–350–3515. testing plus periodic on-site inspections Laboratory, 11401 I–30, Little Rock, of those LAPSA-accredited laboratories AR 72209–7056, 501–202–2783, One Source Toxicology Laboratory, In, 1213 Genoa-Red Bluff, Pasadena, TX was transferred to the U.S. HHS, with (Formerly: Forensic Toxicology the HHS’ NLCP contractor continuing to Laboratory Baptist Medical Center). 77504, 888–747–3774, (Formerly: University of Texas Medical Branch, have an active role in the performance Clinical Reference Laboratory, Inc., 8433 testing and laboratory inspection Quivira Road, Lenexa, KS 66215– Clinical Chemistry Division; UTMB Pathology-Toxicology Laboratory). processes. Other Canadian laboratories 2802, 800–445–6917. wishing to be considered for the NLCP DrugScan, Inc., 200 Precision Road, Pacific Toxicology Laboratories, 9348 may apply directly to the NLCP Suite 200, Horsham, PA 19044, 800– DeSoto Ave., Chatsworth, CA 91311, contractor just as U.S. laboratories do. 235–4890. 800–328–6942, (Formerly: Centinela Dynacare,* 245 Pall Mall Street, Hospital Airport Toxicology Upon finding a Canadian laboratory to London, ONT, Canada N6A 1P4, 519– Laboratory). be qualified, HHS will recommend that 679–1630, (Formerly: Gamma- Pathology Associates Medical DOT certify the laboratory (Federal Dynacare Medical Laboratories). Laboratories, 110 West Cliff Dr., Register, July 16, 1996) as meeting the ElSohly Laboratories, Inc., 5 Industrial Spokane, WA 99204, 509–755–8991/ minimum standards of the Mandatory Park Drive, Oxford, MS 38655, 662– 800–541–7891x7. Guidelines published in the Federal 236–2609. Phamatech, Inc., 15175 Innovation Register on November 25, 2008 (73 FR Fortes Laboratories, Inc., 25749 SW Drive, San Diego, CA 92128, 888– 71858). After receiving DOT Canyon Creek Road, Suite 600, 635–5840. certification, the laboratory will be Wilsonville, OR 97070, 503–486– Quest Diagnostics Incorporated, 1777 included in the monthly list of HHS- 1023. Montreal Circle, Tucker, GA 30084, certified laboratories and participate in

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the NLCP certification maintenance been approved to gauge petroleum and petroleum products for customs program. certain petroleum products and purposes, in accordance with the accredited to test petroleum and certain Brian Makela, provisions of 19 CFR 151.12 and 19 CFR petroleum products for customs 151.13. Inspectorate America Chemist. purposes for the next three years as of Corporation is approved for the [FR Doc. 2017–03948 Filed 2–28–17; 8:45 am] June 16, 2016. following gauging procedures for BILLING CODE 4162–20–P DATES: The accreditation and approval petroleum and certain petroleum of Inspectorate America Corporation as products from the American Petroleum commercial gauger and laboratory Institute (API): DEPARTMENT OF HOMELAND became effective on June 16, 2016. The SECURITY next triennial inspection date will be API Chapters Title scheduled for June 2019. U.S. Customs and Border Protection FOR FURTHER INFORMATION CONTACT: 3 ...... Tank Gauging Approved Gauger and Accredited 7 ...... Temperature Determination Accreditation and Approval of Laboratories Manager, Laboratories and 8 ...... Sampling Inspectorate America Corporation, as a Scientific Services Directorate, U.S. 9 ...... Density Determination Commercial Gauger and Laboratory Customs and Border Protection, 1300 12 ...... Calculations AGENCY: U.S. Customs and Border Pennsylvania Avenue NW., Suite 17 ...... Marine Measurement Protection, Department of Homeland 1500N, Washington, DC 20229, tel. 202– Security. 344–1060. Inspectorate America Corporation is ACTION: Notice of accreditation and SUPPLEMENTARY INFORMATION: Notice is accredited for the following laboratory approval of Inspectorate America hereby given pursuant to 19 CFR 151.12 analysis procedures and methods for Corporation as a commercial gauger and and 19 CFR 151.13, that Inspectorate petroleum and certain petroleum laboratory. America Corporation, 33 Rigby Road, products set forth by the U.S. Customs South Portland, ME 04106 has been and Border Protection Laboratory SUMMARY: Notice is hereby given, approved to gauge petroleum and Methods (CBPL) and American Society pursuant to CBP regulations, that certain petroleum products and for Testing and Materials (ASTM): Inspectorate America Corporation has accredited to test petroleum and certain

CBPL No. ASTM Title

27–04 ...... D 95 ...... Standard Test Method for Water in Petroleum Products and Bituminous Materials by Distillation. 27–06 ...... D 473 ...... Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27–11 ...... D 445 ...... Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of Dy- namic Viscosity). 27–13 ...... D 4294 ...... Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy Dispersive X-ray Fluores- cence Spectrometry. 27–46 ...... D 5002 ...... Standard Test Method for Density and Relative Density of Crude Oils by Digital Density Analyzer.

Anyone wishing to employ this entity DEPARTMENT OF HOMELAND Laboratories Manager, Laboratories and to conduct laboratory analyses and SECURITY Scientific Services Directorate, U.S. gauger services should request and Customs and Border Protection, 1300 receive written assurances from the U.S. Customs and Border Protection Pennsylvania Avenue NW., Suite entity that it is accredited or approved 1500N, Washington, DC 20229, tel. 202– Approval of Inspectorate America by the U.S. Customs and Border 344–1060. Corporation, as a Commercial Gauger Protection to conduct the specific test or SUPPLEMENTARY INFORMATION: Notice is gauger service requested. Alternatively, AGENCY: U.S. Customs and Border hereby given pursuant to 19 CFR 151.13, inquiries regarding the specific test or Protection, Department of Homeland that Inspectorate America Corporation, gauger service this entity is accredited Security. 3000 N. Main Street, Suite 1B, Baytown, or approved to perform may be directed ACTION: Notice of approval of TX 77251, has been approved to gauge to the U.S. Customs and Border Inspectorate America Corporation as a petroleum and certain petroleum Protection by calling (202) 344–1060. commercial gauger. products for customs purposes, in The inquiry may also be sent to accordance with the provisions of 19 [email protected]. Please SUMMARY: Notice is hereby given, pursuant to CBP regulations, that CFR 151.13. Inspectorate America reference the Web site listed below for Corporation is approved for the a complete listing of CBP approved Inspectorate America Corporation has been approved to gauge petroleum and following gauging procedures for gaugers and accredited laboratories. petroleum and certain petroleum http://www.cbp.gov/about/labs- certain petroleum products for customs purposes for the next three years as of products from the American Petroleum scientific/commercial-gaugers-and- June 21, 2016. Institute (API): laboratories. DATES: The approval of Inspectorate API chapters Title Dated: February 23, 2017. America Corporation as commercial Ira S. Reese, gauger became effective on June 21, 3 ...... Tank Gauging. Executive Director, Laboratories and 2016. The next triennial inspection date 5 ...... Metering. Scientific Services Directorate. will be scheduled for June 2019. 7 ...... Temperature Determination. [FR Doc. 2017–03992 Filed 2–28–17; 8:45 am] FOR FURTHER INFORMATION CONTACT: 8 ...... Sampling. BILLING CODE 9111–14–P Approved Gauger and Accredited 12 ...... Calculations.

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API chapters Title DATES: To ensure consideration, please such conduct’’ (16 U.S.C. 1532). send your written comments by March However, under limited circumstances, 14 ...... Natural Gas Fluids Measure- 31, 2017. we issue permits to authorize incidental ment. ADDRESSES: If you wish to review the take—i.e., take that is incidental to, and 17 ...... Marine Measurement. applications and HCPs, you may request not the purpose of, the carrying out of documents by email, U.S. mail, or an otherwise lawful activity. Anyone wishing to employ this entity phone (see below). These documents are Regulations governing incidental take to conduct gauger services should also available for public inspection by permits for threatened and endangered request and receive written assurances appointment during normal business species are at 50 CFR 17.32 and 17.22, from the entity that it is approved by the hours at the office below. Send your respectively. The Act’s take prohibitions U.S. Customs and Border Protection to comments or requests by any one of the do not apply to federally listed plants conduct the specific gauger service following methods. on private lands unless such take would requested. Alternatively, inquiries Email: [email protected]. Use violate State law. In addition to meeting regarding the specific gauger service this ‘‘Attn: Permit number TE14817C–0’’ for other criteria, an incidental take entity is approved to perform may be Mattamy Orlando, LLC (Postal Colony permit’s proposed actions must not directed to the U.S. Customs and Border Property); ‘‘Attn: Permit number jeopardize the existence of federally Protection by calling (202) 344–1060. TE14818C–0’’ for Mattamy Orlando, listed fish, wildlife, or plants. The inquiry may also be sent to LLC (Hartle Road Extension Property); Applicants’ Proposals [email protected]. Please and ‘‘Attn: Permit number TE14819C– reference the Web site listed below for 0’’ for Duke Energy Florida, LLC. Mattamy Orlando, LLC (Postal Colony a complete listing of CBP approved Fax: Field Supervisor, (904) 731– Property) gaugers and accredited laboratories. 3191, Attn: Permit number [Insert Mattamy Orlando, LLC is requesting http://www.cbp.gov/about/labs- permit number]. take of approximately .25 ac of occupied scientific/commercial-gaugers-and- U.S. mail: Field Supervisor, sand skink foraging and sheltering laboratories. Jacksonville Ecological Services Field habitat incidental to installation of a Dated: February 23, 2017. Office, Attn: Permit number [Insert water pipe trench, and they seek a 5- Ira S. Reese, permit number], U.S. Fish and Wildlife year permit. The .77-ac project is Executive Director, Laboratories and Service, 7915 Baymeadows Way, Suite located north of John’s Lake Road and Scientific Services Directorate. 200, Jacksonville, FL 32256. east of Hancock Road, along Lost Lake In-person drop-off: You may drop off [FR Doc. 2017–03994 Filed 2–28–17; 8:45 am] Road within Sections 34, Township 22 information during regular business BILLING CODE 9111–14–P South, and Range 26 East, Lake County, hours at the above office address. Florida. The project includes FOR FURTHER INFORMATION CONTACT: Erin installation of a water pipe trench, and M. Gawera, telephone: (904) 731–3121; the impacts are considered temporary. _ DEPARTMENT OF THE INTERIOR email: erin [email protected]. The applicant proposes to mitigate for SUPPLEMENTARY INFORMATION: We, the the take of the sand skink by the Fish and Wildlife Service Fish and Wildlife Service (Service), purchase of 0.02 mitigation credits have received three applications for within the Hatchineha Conservation [FWS–R4–ES–2017–N020; incidental take permits (ITPs) under the Bank or another Service-approved sand FXES11130400000EA–123–FF04EF1000] Endangered Species Act of 1973, as skink bank. amended (Act). Mattamy Orlando, LLC Endangered and Threatened Wildlife (Postal Colony Property) requests a 5- Mattamy Orlando, LLC (Hartle Road and Plants; Availability of Proposed year ITP; Mattamy Orlando, LLC (Hartle Extension Property) Low-Effect Habitat Conservation Plans, Road Extension Property) requests a 5- Mattamy Orlando, LLC is requesting Lake and Volusia County, FL year ITP; and Duke Energy Florida take of approximately 2.0 ac of occupied requests a 5-year ITP. We request public sand skink foraging and sheltering AGENCY: Fish and Wildlife Service, comment on the permit applications habitat incidental to construction of a Interior. and accompanying proposed habitat road extension, and they seek a 5-year ACTION: Notice of availability; request conservation plans (HCPs), as well as on permit. The 3.7-ac project is located on for comment/information. our preliminary determination that the parcel numbers 09–22–26– plans qualify as low-effect under the 110004200000 within Sections 26 and SUMMARY: We, the Fish and Wildlife National Environmental Policy Act 27, Township 22 South, Range 26 East, Service (Service), have received three (NEPA). To make this determination, we Lake County, Florida. The project applications for incidental take permits used our environmental action includes construction of a road (ITPs) under the Endangered Species statement and low-effect screening form, extension and the associated Act of 1973, as amended (Act), in Lake which are also available for review. infrastructure, and landscaping. The County, Florida. We request public applicant proposes to mitigate for the Background comment on the permit applications take of the sand skink by the purchase and accompanying proposed habitat Section 9 of the Act (16 U.S.C. 1531 of 4.0 mitigation credits within the conservation plans (HCPs), as well as on et seq.) and our implementing Federal Hatchineha Conservation Bank or our preliminary determination that the regulations in the Code of Federal another Service-approved sand skink plans qualify as low-effect under the Regulations (CFR) at 50 CFR 17 prohibit bank. National Environmental Policy Act the ‘‘take’’ of fish or wildlife species (NEPA). To make this determination, we listed as endangered or threatened. Take Duke Energy Florida, LLC (Highbanks used our environmental action of listed fish or wildlife is defined under Substation) statements and low-effect screening the Act as ‘‘to harass, harm, pursue, Duke Energy Florida, LLC is forms, which are also available for hunt, shoot, wound, kill, trap, capture, requesting take of approximately .48 review. or collect, or to attempt to engage in any acres (ac) of occupied scrub-jay foraging

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and sheltering habitat incidental to Public Availability of Comments $18 per card will be retroactively construction of an energy substation, Before including your address, phone effective 10/1/2016. A credit of $3 per and they seek a 5-year permit. The 27.7- number, email address, or other card will be issued to all gaming ac project site is located on parcel personal identifying information in your operations which submitted fingerprint number 802100000012 within Section comments, you should be aware that cards to the NIGC between 10/1/2016 21, Township 18 South, and Range 30 your entire comment—including your and 2/28/2017. East, Volusia County, Florida. The personal identifying information—may FOR FURTHER INFORMATION CONTACT: project includes construction of a be made publicly available at any time. Yvonne Lee, National Indian Gaming substation, access road, and While you can ask us in your comment Commission, 1849 C Street NW., Mail transmission poles, and the associated to withhold your personal identifying Stop #1621, Washington, DC 20240; clearing, infrastructure, and information from public review, we telephone (202) 632–7003; fax (202) landscaping. The applicant proposes to cannot guarantee that we will be able to 632–7066. mitigate for the take of the scrub-jay do so. SUPPLEMENTARY INFORMATION: The through the deposit of funds in the Indian Gaming Regulatory Act (IGRA) Authority: We provide this notice under amount of $15,327 to the Nature established the National Indian Gaming Conservancy’s Conservation Fund, for section 10 of the Act and NEPA regulations (40 CFR 1506.6). Commission, which is charged with the management and conservation of the regulating gaming on Indian lands. Florida scrub-jay based on Service Dated: February 7, 2017. Commission regulations (25 CFR 514) Mitigation Guidelines. Jay B. Herrington, provide for a system of fee assessment Field Supervisor, Jacksonville Field Office, and payment that is self-administered Our Preliminary Determination Southeast Region. by gaming operations. Pursuant to those We have determined that the [FR Doc. 2017–03969 Filed 2–28–17; 8:45 am] regulations, the Commission is required applicants’ proposals, including the BILLING CODE 4333–15–P to adopt and communicate assessment proposed mitigation and minimization rates and the gaming operations are measures, would have minor or required to apply those rates to their negligible effects on the species covered NATIONAL INDIAN GAMING revenues, compute the fees to be paid, in their HCPs. Therefore, we determined COMMISSION report the revenues, and remit the fees that the ITPs for each of the applicants to the Commission. All gaming are ‘‘low-effect’’ projects and qualify for 2017 Preliminary Fee Rate and operations within the jurisdiction of the categorical exclusion under the National Fingerprint Fees Commission are required to self- administer the provisions of these Environmental Policy Act (NEPA), as AGENCY: National Indian Gaming regulations, and report and pay any fees provided by the Department of the Commission. Interior Manual (516 DM 2 Appendix 1 that are due to the Commission. ACTION: Notice. and 516 DM 6 Appendix 1). A low-effect Pursuant to 25 CFR 514, the Commission must also review regularly HCP is one involving (1) Minor or SUMMARY: Notice is hereby given that negligible effects on federally listed or the National Indian Gaming the costs involved in processing candidate species and their habitats, Commission has adopted its 2017 fingerprint cards and set a fee based on and (2) minor or negligible effects on preliminary annual fee rates of 0.00% fees charged by the Federal Bureau of other environmental values or for tier 1 and 0.062% (.00062) for tier 2, Investigation and costs incurred by the resources. which remain the same as the 2016 final Commission. Commission costs include Commission personnel, supplies, Next Steps fee rates. The tier 2 annual fee rate represents the lowest fee rate adopted equipment costs, and postage to submit We will evaluate the HCPs and by the Commission since 2010. These the results to the requesting tribe. comments we receive to determine rates shall apply to all assessable gross Dated: February 24, 2017. whether the ITP applications meet the revenues from each gaming operation Jonodev O. Chaudhuri, requirements of section 10(a) of the Act under the jurisdiction of the Chairman. (16 U.S.C. 1531 et seq.). If we determine Commission. If a tribe has a certificate Kathryn C. Isom-Clause, that the applications meet these of self-regulation under 25 CFR part Vice Chair. requirements, we will issue ITP 518, the 2017 preliminary fee rate on E. Sequoyah Simermeyer, numbers TE14817C–0, TE14818C–0, Class II revenues shall be 0.031% Associate Commissioner. and TE14819C–0. We will also evaluate (.00031) which is one-half of the annual [FR Doc. 2017–03978 Filed 2–28–17; 8:45 am] whether issuance of the section fee rate. The preliminary fee rates being BILLING CODE 7565–01–P 10(a)(1)(B) ITPs complies with section 7 adopted here are effective March 1, of the Act by conducting an intra- 2017, and will remain in effect until Service section 7 consultation. We will new rates are adopted. use the results of this consultation, in The National Indian Gaming INTERNATIONAL TRADE combination with the above findings, in Commission has also adopted its 2017 COMMISSION our final analysis to determine whether preliminary fingerprint processing fees [Investigation No. 731–TA–472 (Fourth or not to issue the ITPs. If the of $18 per card. The new fees represent Review)] requirements are met, we will issue the a $3 decrease from the current permits to the applicants. fingerprint processing fees of $21 per Silicon Metal From China; Institution of a Five-Year Review Public Comments card which has been in effect since 3/ 1/2015. The decrease is attributable to AGENCY: United States International If you wish to comment on the permit the lower fingerprint processing fee Trade Commission. applications, HCPs, and associated charged by the Federal Bureau of ACTION: Notice. documents, you may submit comments Investigation as a result of the fee study by any one of the methods in conducted by the Department of Justice. SUMMARY: The Commission hereby gives ADDRESSES. This new fingerprint processing fees of notice that it has instituted a review

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pursuant to the Tariff Act of 1930 (‘‘the this proceeding may be found in the participate in the proceeding as parties Act’’), as amended, to determine Commission’s Rules of Practice and must file an entry of appearance with whether revocation of the antidumping Procedure at 19 CFR parts 201, subparts the Secretary to the Commission, as duty order on silicon metal from China A and B and 19 CFR part 207, subparts provided in section 201.11(b)(4) of the would be likely to lead to continuation A and F. The Commission will assess Commission’s rules, no later than 21 or recurrence of material injury. the adequacy of interested party days after publication of this notice in Pursuant to the Act, interested parties responses to this notice of institution to the Federal Register. The Secretary will are requested to respond to this notice determine whether to conduct a full maintain a public service list containing by submitting the information specified review or an expedited review. The the names and addresses of all persons, below to the Commission. Commission’s determination in any or their representatives, who are parties DATES: Effective March 1, 2017. To be expedited review will be based on the to the proceeding. assured of consideration, the deadline facts available, which may include Former Commission employees who for responses is March 31, 2017. information provided in response to this are seeking to appear in Commission Comments on the adequacy of responses notice. five-year reviews are advised that they may be filed with the Commission by Definitions.—The following may appear in a review even if they May 15, 2017. definitions apply to this review: participated personally and (1) Subject Merchandise is the class or FOR FURTHER INFORMATION CONTACT: substantially in the corresponding kind of merchandise that is within the Mary Messer (202–205–3193), Office of underlying original investigation or an scope of the five-year review, as defined Investigations, U.S. International Trade earlier review of the same underlying by the Department of Commerce. Commission, 500 E Street SW., investigation. The Commission’s (2) The Subject Country in this review designated agency ethics official has Washington, DC 20436. Hearing- is China. impaired persons can obtain advised that a five-year review is not the (3) The Domestic Like Product is the same particular matter as the underlying information on this matter by contacting domestically produced product or original investigation, and a five-year the Commission’s TDD terminal on 202– products which are like, or in the review is not the same particular matter 205–1810. Persons with mobility absence of like, most similar in as an earlier review of the same impairments who will need special characteristics and uses with, the underlying investigation for purposes of assistance in gaining access to the Subject Merchandise. In its original 18 U.S.C. 207, the post employment Commission should contact the Office determination, the Commission defined statute for Federal employees, and of the Secretary at 202–205–2000. the Domestic Like Product as all silicon Commission rule 201.15(b) (19 CFR General information concerning the metal, regardless of grade, having a 201.15(b)), 79 FR 3246 (Jan. 17, 2014), Commission may also be obtained by silicon content of at least 96.00 percent 73 FR 24609 (May 5, 2008). accessing its internet server (https:// but less than 99.99 percent of silicon by Consequently, former employees are not www.usitc.gov). The public record for weight, and excluding semiconductor required to seek Commission approval this proceeding may be viewed on the grade silicon, corresponding to to appear in a review under Commission Commission’s electronic docket (EDIS) Commerce’s scope. In its full first and rule 19 CFR 201.15, even if the at https://edis.usitc.gov. second five-year review determinations corresponding underlying original SUPPLEMENTARY INFORMATION: and its expedited third five-year review investigation or an earlier review of the Background.—On June 10, 1991, the determination, the Commission defined same underlying investigation was Department of Commerce (‘‘Commerce’’) the Domestic Like Product as all silicon pending when they were Commission issued an antidumping duty order on metal, regardless of grade, employees. For further ethics advice on imports of silicon metal from China (56 corresponding to Commerce’s scope of this matter, contact Carol McCue FR 26649). Following first five-year the order. Verratti, Deputy Agency Ethics Official, reviews by Commerce and the (4) The Domestic Industry is the U.S. at 202–205–3088. Commission, effective February 16, producers as a whole of the Domestic Limited disclosure of business 2001, Commerce issued a continuation Like Product, or those producers whose proprietary information (BPI) under an of the antidumping duty order on collective output of the Domestic Like administrative protective order (APO) imports of silicon metal from China (66 Product constitutes a major proportion and APO service list.—Pursuant to FR 10669). Following second five-year of the total domestic production of the section 207.7(a) of the Commission’s reviews by Commerce and the product. In its original determination, rules, the Secretary will make BPI Commission, effective December 21, its full first and second five-year review submitted in this proceeding available 2006, Commerce issued a continuation determinations, and its expedited third to authorized applicants under the APO of the antidumping duty order on five-year review determination, the issued in the proceeding, provided that imports of silicon metal from China (71 Commission defined the Domestic the application is made no later than 21 FR 76636). Following the third five-year Industry as all domestic producers of days after publication of this notice in reviews by Commerce and the silicon metal. the Federal Register. Authorized Commission, effective April 20, 2012, (5) An Importer is any person or firm applicants must represent interested Commerce issued a continuation of the engaged, either directly or through a parties, as defined in 19 U.S.C. 1677(9), antidumping duty order on imports of parent company or subsidiary, in who are parties to the proceeding. A silicon metal from China (77 FR 23660). importing the Subject Merchandise into separate service list will be maintained The Commission is now conducting a the United States from a foreign by the Secretary for those parties fourth review pursuant to section 751(c) manufacturer or through its selling authorized to receive BPI under the of the Act, as amended (19 U.S.C. agent. APO. 1675(c)), to determine whether Participation in the proceeding and Certification.—Pursuant to section revocation of the order would be likely public service list.—Persons, including 207.3 of the Commission’s rules, any to lead to continuation or recurrence of industrial users of the Subject person submitting information to the material injury to the domestic industry Merchandise and, if the merchandise is Commission in connection with this within a reasonably foreseeable time. sold at the retail level, representative proceeding must certify that the Provisions concerning the conduct of consumer organizations, wishing to information is accurate and complete to

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the best of the submitter’s knowledge. In U.S. International Trade Commission, (5) A list of all known and currently making the certification, the submitter 500 E Street SW., Washington, DC operating U.S. producers of the will acknowledge that information 20436. Domestic Like Product. Identify any submitted in response to this request for Inability to provide requested known related parties and the nature of information and throughout this information.—Pursuant to section the relationship as defined in section proceeding or other proceeding may be 207.61(c) of the Commission’s rules, any 771(4)(B) of the Act (19 U.S.C. disclosed to and used: (i) By the interested party that cannot furnish the 1677(4)(B)). Commission, its employees and Offices, information requested by this notice in (6) A list of all known and currently and contract personnel (a) for the requested form and manner shall operating U.S. importers of the Subject developing or maintaining the records notify the Commission at the earliest Merchandise and producers of the of this or a related proceeding, or (b) in possible time, provide a full explanation Subject Merchandise in the Subject internal investigations, audits, reviews, of why it cannot provide the requested Country that currently export or have and evaluations relating to the information, and indicate alternative exported Subject Merchandise to the programs, personnel, and operations of forms in which it can provide United States or other countries after the Commission including under 5 equivalent information. If an interested 2010. U.S.C. Appendix 3; or (ii) by U.S. party does not provide this notification (7) A list of 3–5 leading purchasers in government employees and contract (or the Commission finds the the U.S. market for the Domestic Like personnel, solely for cybersecurity explanation provided in the notification Product and the Subject Merchandise purposes. All contract personnel will inadequate) and fails to provide a (including street address, World Wide sign appropriate nondisclosure complete response to this notice, the Web address, and the name, telephone agreements. Commission may take an adverse number, fax number, and Email address Written submissions.—Pursuant to inference against the party pursuant to of a responsible official at each firm). section 207.61 of the Commission’s section 776(b) of the Act (19 U.S.C. (8) A list of known sources of rules, each interested party response to 1677e(b)) in making its determination in information on national or regional this notice must provide the information the review. prices for the Domestic Like Product or specified below. The deadline for filing Information To Be Provided in the Subject Merchandise in the U.S. or such responses is March 31, 2017. Response to This Notice of Institution: other markets. Pursuant to section 207.62(b) of the As used below, the term ‘‘firm’’ includes (9) If you are a U.S. producer of the Commission’s rules, eligible parties (as any related firms. Domestic Like Product, provide the specified in Commission rule (1) The name and address of your firm following information on your firm’s 207.62(b)(1)) may also file comments or entity (including World Wide Web operations on that product during concerning the adequacy of responses to address) and name, telephone number, calendar year 2016, except as noted the notice of institution and whether the fax number, and Email address of the (report quantity data in short tons and Commission should conduct an certifying official. value data in U.S. dollars, f.o.b. plant). expedited or full review. The deadline (2) A statement indicating whether If you are a union/worker group or for filing such comments is May 15, your firm/entity is an interested party trade/business association, provide the 2017. All written submissions must under 19 U.S.C. 1677(9) and if so, how, information, on an aggregate basis, for conform with the provisions of section including whether your firm/entity is a the firms in which your workers are 201.8 of the Commission’s rules; any U.S. producer of the Domestic Like employed/which are members of your submissions that contain BPI must also Product, a U.S. union or worker group, association. conform with the requirements of a U.S. importer of the Subject (a) Production (quantity) and, if sections 201.6, 207.3, and 207.7 of the Merchandise, a foreign producer or known, an estimate of the percentage of Commission’s rules. The Commission’s exporter of the Subject Merchandise, a total U.S. production of the Domestic Handbook on E-Filing, available on the U.S. or foreign trade or business Like Product accounted for by your Commission’s Web site at https:// association (a majority of whose firm’s(s’) production; edis.usitc.gov, elaborates upon the members are interested parties under (b) Capacity (quantity) of your firm to Commission’s rules with respect to the statute), or another interested party produce the Domestic Like Product (that electronic filing. Also, in accordance (including an explanation). If you are a is, the level of production that your with sections 201.16(c) and 207.3 of the union/worker group or trade/business establishment(s) could reasonably have Commission’s rules, each document association, identify the firms in which expected to attain during the year, filed by a party to the proceeding must your workers are employed or which are assuming normal operating conditions be served on all other parties to the members of your association. (using equipment and machinery in proceeding (as identified by either the (3) A statement indicating whether place and ready to operate), normal public or APO service list as your firm/entity is willing to participate operating levels (hours per week/weeks appropriate), and a certificate of service in this proceeding by providing per year), time for downtime, must accompany the document (if you information requested by the maintenance, repair, and cleanup, and a are not a party to the proceeding you do Commission. typical or representative product mix); not need to serve your response). (4) A statement of the likely effects of (c) the quantity and value of U.S. No response to this request for the revocation of the antidumping duty commercial shipments of the Domestic information is required if a currently order on the Domestic Industry in Like Product produced in your U.S. valid Office of Management and Budget general and/or your firm/entity plant(s); (OMB) number is not displayed; the specifically. In your response, please (d) the quantity and value of U.S. OMB number is 3117 0016/USITC No. discuss the various factors specified in internal consumption/company 17–5–380, expiration date June 30, section 752(a) of the Act (19 U.S.C. transfers of the Domestic Like Product 2017. Public reporting burden for the 1675a(a)) including the likely volume of produced in your U.S. plant(s); and request is estimated to average 15 hours subject imports, likely price effects of (e) the value of (i) net sales, (ii) cost per response. Please send comments subject imports, and likely impact of of goods sold (COGS), (iii) gross profit, regarding the accuracy of this burden imports of Subject Merchandise on the (iv) selling, general and administrative estimate to the Office of Investigations, Domestic Industry. (SG&A) expenses, and (v) operating

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income of the Domestic Like Product cleanup, and a typical or representative INTERNATIONAL TRADE produced in your U.S. plant(s) (include product mix); and COMMISSION both U.S. and export commercial sales, (c) the quantity and value of your internal consumption, and company [Investigation Nos. 731–TA–540–541 (Fourth firm’s(s’) exports to the United States of Review)] transfers) for your most recently Subject Merchandise and, if known, an completed fiscal year (identify the date estimate of the percentage of total Welded Stainless Steel Pipe From on which your fiscal year ends). exports to the United States of Subject Korea and Taiwan; Scheduling of an (10) If you are a U.S. importer or a Merchandise from the Subject Country Expedited Five-Year Review trade/business association of U.S. accounted for by your firm’s(s’) exports. importers of the Subject Merchandise AGENCY: United States International from the Subject Country, provide the (12) Identify significant changes, if Trade Commission. any, in the supply and demand following information on your firm’s(s’) ACTION: Notice. operations on that product during conditions or business cycle for the calendar year 2016 (report quantity data Domestic Like Product that have SUMMARY: The Commission hereby gives in short tons and value data in U.S. occurred in the United States or in the notice of the scheduling of expedited dollars). If you are a trade/business market for the Subject Merchandise in reviews pursuant to the Tariff Act of association, provide the information, on the Subject Country after 2010, and 1930 (‘‘the Act’’) to determine whether an aggregate basis, for the firms which significant changes, if any, that are revocation of the antidumping duty are members of your association. likely to occur within a reasonably orders on welded ASTM A–312 (a) The quantity and value (landed, foreseeable time. Supply conditions to stainless steel pipe from Korea and duty-paid but not including consider include technology; Taiwan would be likely to lead to antidumping duties) of U.S. imports production methods; development continuation or recurrence of material and, if known, an estimate of the efforts; ability to increase production injury within a reasonably foreseeable percentage of total U.S. imports of (including the shift of production time. Subject Merchandise from the Subject facilities used for other products and the DATES: Effective Date: February 6, 2017. Country accounted for by your firm’s(s’) use, cost, or availability of major inputs imports; FOR FURTHER INFORMATION CONTACT: into production); and factors related to (b) the quantity and value (f.o.b. U.S. Michael Szustakowski ((202) 205–3169), the ability to shift supply among port, including antidumping duties) of Office of Investigations, U.S. different national markets (including U.S. commercial shipments of Subject International Trade Commission, 500 E Merchandise imported from the Subject barriers to importation in foreign Street SW., Washington, DC 20436. Country; and markets or changes in market demand Hearing-impaired persons can obtain (c) the quantity and value (f.o.b. U.S. abroad). Demand conditions to consider information on this matter by contacting port, including antidumping duties) of include end uses and applications; the the Commission’s TDD terminal on 202– U.S. internal consumption/company existence and availability of substitute 205–1810. Persons with mobility transfers of Subject Merchandise products; and the level of competition impairments who will need special imported from the Subject Country. among the Domestic Like Product assistance in gaining access to the (11) If you are a producer, an exporter, produced in the United States, Subject Commission should contact the Office or a trade/business association of Merchandise produced in the Subject of the Secretary at 202–205–2000. producers or exporters of the Subject Country, and such merchandise from General information concerning the Merchandise in the Subject Country, other countries. Commission may also be obtained by accessing its internet server (https:// provide the following information on (13) (OPTIONAL) A statement of your firm’s(s’) operations on that www.usitc.gov). The public record for whether you agree with the above this review may be viewed on the product during calendar year 2016 definitions of the Domestic Like Product (report quantity data in short tons and Commission’s electronic docket (EDIS) and Domestic Industry; if you disagree at https://edis.usitc.gov. value data in U.S. dollars, landed and with either or both of these definitions, duty-paid at the U.S. port but not SUPPLEMENTARY INFORMATION: please explain why and provide including antidumping duties). If you Background.—On February 6, 2017, alternative definitions. are a trade/business association, provide the Commission determined that the the information, on an aggregate basis, Authority: This proceeding is being domestic interested party group for the firms which are members of your conducted under authority of title VII of the response to its notice of institution (81 association. Tariff Act of 1930; this notice is published FR 75845, November 1, 2016) of the (a) Production (quantity) and, if pursuant to section 207.61 of the subject five-year review was adequate known, an estimate of the percentage of Commission’s rules. and that the respondent interested party total production of Subject Merchandise By order of the Commission. group response in each review was inadequate. The Commission did not in the Subject Country accounted for by Issued: February 22, 2017. your firm’s(s’) production; find any other circumstances that would William R. Bishop, 1 (b) Capacity (quantity) of your firm(s) warrant conducting full reviews. to produce the Subject Merchandise in Supervisory Hearings and Information Accordingly, the Commission the Subject Country (that is, the level of Officer. determined that it would conduct production that your establishment(s) [FR Doc. 2017–03785 Filed 2–28–17; 8:45 am] expedited reviews pursuant to section could reasonably have expected to BILLING CODE 7020–02–P 751(c)(3) of the Tariff Act of 1930 (19 attain during the year, assuming normal U.S.C. 1675(c)(3)). operating conditions (using equipment and machinery in place and ready to 1 A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any operate), normal operating levels (hours individual Commissioner’s statements will be per week/weeks per year), time for available from the Office of the Secretary and at the downtime, maintenance, repair, and Commission’s Web site.

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For further information concerning not accept a document for filing without Commission may also be obtained by the conduct of these reviews and rules a certificate of service. accessing its internet server (https:// of general application, consult the Determination.—The Commission has www.usitc.gov). The public record for Commission’s Rules of Practice and determined these reviews are this proceeding may be viewed on the Procedure, part 201, subparts A and B extraordinarily complicated and Commission’s electronic docket (EDIS) (19 CFR part 201), and part 207, therefore has determined to exercise its at https://edis.usitc.gov. subparts A, D, E, and F (19 CFR part authority to extend the review period by SUPPLEMENTARY INFORMATION: 207). up to 90 days pursuant to 19 U.S.C. Staff report.—A staff report 1675(c)(5)(B). Background.—On March 6, 1987, the containing information concerning the Department of Commerce (‘‘Commerce’’) Authority: These reviews are being issued antidumping duty orders on subject matter of the reviews will be conducted under authority of title VII of the placed in the nonpublic record on Tariff Act of 1930; this notice is published imports of brass sheet and strip from March 8, 2017, and made available to pursuant to section 207.62 of the France, Germany, and Italy (52 FR 6995; persons on the Administrative Commission’s rules. Italy amended at 52 FR 11299, April 8, 1987). On August 12, 1988, Commerce Protective Order service list for this By order of the Commission. review. A public version will be issued issued an antidumping duty order on Issued: February 23, 2017. imports of brass sheet and strip from thereafter, pursuant to section Lisa R. Barton, 207.62(d)(4) of the Commission’s rules. Japan (53 FR 30454). Following first Secretary to the Commission. Written submissions.—As provided in five-year reviews by Commerce and the section 207.62(d) of the Commission’s [FR Doc. 2017–03940 Filed 2–28–17; 8:45 am] Commission, effective May 1, 2000, rules, interested parties that are parties BILLING CODE 7020–02–P Commerce issued a continuation of the to the reviews and that have provided antidumping duty orders on imports of individually adequate responses to the brass sheet and strip from France, 2 INTERNATIONAL TRADE Germany, Italy, and Japan (65 FR notice of institution, and any party COMMISSION other than an interested party to the 25304). Following second five-year reviews may file written comments with [Investigation Nos. 731–TA–313, 314, 317, reviews by Commerce and the the Secretary on what determination the and 379 (Fourth Review)] Commission, effective April 3, 2006, Commission should reach in the review. Commerce issued a continuation of the Comments are due on or before March Brass Sheet and Strip From France, antidumping duty orders on imports of 13, 2017 and may not contain new Germany, Italy, and Japan; Institution brass sheet and strip from France, factual information. Any person that is of Five-Year Reviews Germany, Italy, and Japan (71 FR 16552). Following the third five-year neither a party to the five-year reviews AGENCY: United States International nor an interested party may submit a Trade Commission. reviews by Commerce and the Commission, effective April 26, 2012, brief written statement (which shall not ACTION: Notice. contain any new factual information) Commerce issued a continuation of the pertinent to the review by March 13, SUMMARY: The Commission hereby gives antidumping duty orders on imports of 2017. However, should the Department notice that it has instituted reviews brass sheet and strip from France, of Commerce extend the time limit for pursuant to the Tariff Act of 1930 (‘‘the Germany, Italy, and Japan (77 FR its completion of the final results of its Act’’), as amended, to determine 24932). The Commission is now reviews, the deadline for comments whether revocation of the antidumping conducting fourth reviews pursuant to (which may not contain new factual duty orders on brass sheet and strip section 751(c) of the Act, as amended information) on Commerce’s final from France, Germany, Italy, and Japan (19 U.S.C. 1675(c)), to determine results is three business days after the would be likely to lead to continuation whether revocation of the orders would issuance of Commerce’s results. If or recurrence of material injury. be likely to lead to continuation or comments contain business proprietary Pursuant to the Act, interested parties recurrence of material injury to the information (BPI), they must conform are requested to respond to this notice domestic industry within a reasonably with the requirements of sections 201.6, by submitting the information specified foreseeable time. Provisions concerning 207.3, and 207.7 of the Commission’s below to the Commission. the conduct of this proceeding may be rules. The Commission’s rules with DATES: Effective March 1, 2017. To be found in the Commission’s Rules of respect to filing were revised effective assured of consideration, the deadline Practice and Procedure at 19 CFR parts July 25, 2014. See 79 FR 35920 (June 25, for responses is March 31, 2017. 201, subparts A and B and 19 CFR part 2014), and the revised Commission Comments on the adequacy of responses 207, subparts A and F. The Commission Handbook on E-filing, available from the may be filed with the Commission by will assess the adequacy of interested Commission’s Web site at https:// May 15, 2017. party responses to this notice of institution to determine whether to www.usitc.gov/secretary/documents/ FOR FURTHER INFORMATION CONTACT: conduct full or expedited reviews. The handbook_on_filing_procedures.pdf. Mary Messer (202–205–3193), Office of Commission’s determinations in any In accordance with sections 201.16(c) Investigations, U.S. International Trade expedited reviews will be based on the and 207.3 of the rules, each document Commission, 500 E Street SW., facts available, which may include filed by a party to the review must be Washington, DC 20436. Hearing- information provided in response to this served on all other parties to the review impaired persons can obtain notice. (as identified by either the public or BPI information on this matter by contacting service list), and a certificate of service the Commission’s TDD terminal on 202– Definitions.—The following must be timely filed. The Secretary will 205–1810. Persons with mobility definitions apply to these reviews: impairments who will need special (1) Subject Merchandise is the class or 2 The Commission has found the responses assistance in gaining access to the kind of merchandise that is within the submitted by Bristol Metals, Felker Brothers, Marcegaglia, and Outokumpu to be individually Commission should contact the Office scope of the five-year reviews, as adequate. Comments from other interested parties of the Secretary at 202–205–2000. defined by the Department of will not be accepted (see 19 CFR 207.62(d)(2)). General information concerning the Commerce.

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(2) The Subject Countries in these the United States from a foreign by the Secretary for those parties reviews are France, Italy, Germany, and manufacturer or through its selling authorized to receive BPI under the Japan. agent. APO. (3) The Domestic Like Product is the Participation in the proceeding and Certification.—Pursuant to section domestically produced product or public service list.—Persons, including 207.3 of the Commission’s rules, any products which are like, or in the industrial users of the Subject person submitting information to the absence of like, most similar in Merchandise and, if the merchandise is Commission in connection with this characteristics and uses with, the sold at the retail level, representative proceeding must certify that the Subject Merchandise. In its original consumer organizations, wishing to information is accurate and complete to antidumping duty determinations participate in the proceeding as parties the best of the submitter’s knowledge. In concerning brass sheet and strip from must file an entry of appearance with making the certification, the submitter France, Germany, and Italy, the the Secretary to the Commission, as will acknowledge that information Commission defined the Domestic Like provided in section 201.11(b)(4) of the submitted in response to this request for Product to include brass material to be Commission’s rules, no later than 21 information and throughout this rerolled (‘‘reroll’’) and finished brass days after publication of this notice in proceeding or other proceeding may be sheet and strip (‘‘finished products’’). In the Federal Register. The Secretary will disclosed to and used: (i) By the its original antidumping duty maintain a public service list containing Commission, its employees and Offices, determination and the remand the names and addresses of all persons, and contract personnel (a) for determination concerning brass sheet or their representatives, who are parties developing or maintaining the records and strip from Japan, the Commission to the proceeding. of this or a related proceeding, or (b) in defined the Domestic Like Product to be Former Commission employees who internal investigations, audits, reviews, all Unified Numbering System (‘‘UNS’’) are seeking to appear in Commission and evaluations relating to the C20000 domestically produced brass five-year reviews are advised that they programs, personnel, and operations of sheet and strip. One Commissioner may appear in a review even if they the Commission including under 5 defined the Domestic Like Product participated personally and U.S.C. Appendix 3; or (ii) by U.S. differently. In its full first, second, and substantially in the corresponding government employees and contract third five-year review determinations, underlying original investigation or an personnel, solely for cybersecurity the Commission defined the Domestic earlier review of the same underlying purposes. All contract personnel will Like Product as all UNS C20000 series investigation. The Commission’s sign appropriate nondisclosure brass sheet and strip, coextensive with designated agency ethics official has agreements. Commerce’s scope. For purposes of advised that a five-year review is not the Written submissions.—Pursuant to responding to this notice, the Domestic same particular matter as the underlying section 207.61 of the Commission’s Like Product is all UNS C20000 series original investigation, and a five-year rules, each interested party response to brass sheet and strip. review is not the same particular matter this notice must provide the information (4) The Domestic Industry is the U.S. as an earlier review of the same specified below. The deadline for filing producers as a whole of the Domestic underlying investigation for purposes of such responses is March 31, 2017. Like Product, or those producers whose 18 U.S.C. 207, the post employment Pursuant to section 207.62(b) of the collective output of the Domestic Like statute for Federal employees, and Commission’s rules, eligible parties (as Product constitutes a major proportion Commission rule 201.15(b) (19 CFR specified in Commission rule of the total domestic production of the 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 207.62(b)(1)) may also file comments product. In its original antidumping 73 FR 24609 (May 5, 2008). concerning the adequacy of responses to duty determinations concerning brass Consequently, former employees are not the notice of institution and whether the sheet and strip from France, Germany, required to seek Commission approval Commission should conduct expedited and Italy, the Commission defined the to appear in a review under Commission or full reviews. The deadline for filing Domestic Industry to include primary rule 19 CFR 201.15, even if the such comments is May 15, 2017. All mills with casting capabilities and corresponding underlying original written submissions must conform with rerollers. In its original antidumping investigation or an earlier review of the the provisions of section 201.8 of the duty determination and the remand same underlying investigation was Commission’s rules; any submissions determination concerning brass sheet pending when they were Commission that contain BPI must also conform with and strip from Japan, the Commission employees. For further ethics advice on the requirements of sections 201.6, defined the Domestic Industry as this matter, contact Carol McCue 207.3, and 207.7 of the Commission’s producers of the corresponding Verratti, Deputy Agency Ethics Official, rules. The Commission’s Handbook on Domestic Like Product. One at 202–205–3088. E-Filing, available on the Commission’s Commissioner defined the Domestic Limited disclosure of business Web site at https://edis.usitc.gov, Industry differently. In its full first, proprietary information (BPI) under an elaborates upon the Commission’s rules second, and third five-year review administrative protective order (APO) with respect to electronic filing. Also, in determinations, the Commission and APO service list.—Pursuant to accordance with sections 201.16(c) and defined the Domestic Industry to consist section 207.7(a) of the Commission’s 207.3 of the Commission’s rules, each of the domestic producers of UNS rules, the Secretary will make BPI document filed by a party to the C20000 series brass sheet and strip, submitted in this proceeding available proceeding must be served on all other including rerollers as well as basic to authorized applicants under the APO parties to the proceeding (as identified producers. For purposes of responding issued in the proceeding, provided that by either the public or APO service list to this notice, the Domestic Industry is the application is made no later than 21 as appropriate), and a certificate of all domestic producers of UNS C20000 days after publication of this notice in service must accompany the document series brass sheet and strip. the Federal Register. Authorized (if you are not a party to the proceeding (5) An Importer is any person or firm applicants must represent interested you do not need to serve your response). engaged, either directly or through a parties, as defined in 19 U.S.C. 1677(9), No response to this request for parent company or subsidiary, in who are parties to the proceeding. A information is required if a currently importing the Subject Merchandise into separate service list will be maintained valid Office of Management and Budget

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(OMB) number is not displayed; the your workers are employed or which are (using equipment and machinery in OMB number is 3117 0016/USITC No. members of your association. place and ready to operate), normal 17–5–379 expiration date June 30, 2017. (3) A statement indicating whether operating levels (hours per week/weeks Public reporting burden for the request your firm/entity is willing to participate per year), time for downtime, is estimated to average 15 hours per in this proceeding by providing maintenance, repair, and cleanup, and a response. Please send comments information requested by the typical or representative product mix); regarding the accuracy of this burden Commission. (c) the quantity and value of U.S. estimate to the Office of Investigations, (4) A statement of the likely effects of commercial shipments of the Domestic U.S. International Trade Commission, the revocation of the antidumping duty Like Product produced in your U.S. 500 E Street SW., Washington, DC orders on the Domestic Industry in plant(s); 20436. general and/or your firm/entity (d) the quantity and value of U.S. Inability to provide requested specifically. In your response, please internal consumption/company information.—Pursuant to section discuss the various factors specified in transfers of the Domestic Like Product 207.61(c) of the Commission’s rules, any section 752(a) of the Act (19 U.S.C. produced in your U.S. plant(s); and interested party that cannot furnish the 1675a(a)) including the likely volume of (e) the value of (i) net sales, (ii) cost information requested by this notice in subject imports, likely price effects of of goods sold (COGS), (iii) gross profit, the requested form and manner shall subject imports, and likely impact of (iv) selling, general and administrative notify the Commission at the earliest imports of Subject Merchandise on the (SG&A) expenses, and (v) operating possible time, provide a full explanation Domestic Industry. income of the Domestic Like Product of why it cannot provide the requested (5) A list of all known and currently produced in your U.S. plant(s) (include information, and indicate alternative operating U.S. producers of the both U.S. and export commercial sales, forms in which it can provide Domestic Like Product. Identify any internal consumption, and company equivalent information. If an interested known related parties and the nature of transfers) for your most recently party does not provide this notification the relationship as defined in section completed fiscal year (identify the date (or the Commission finds the 771(4)(B) of the Act (19 U.S.C. on which your fiscal year ends). explanation provided in the notification 1677(4)(B)). (10) If you are a U.S. importer or a (6) A list of all known and currently inadequate) and fails to provide a trade/business association of U.S. operating U.S. importers of the Subject complete response to this notice, the importers of the Subject Merchandise Merchandise and producers of the Commission may take an adverse from any Subject Country, provide the Subject Merchandise in each Subject inference against the party pursuant to following information on your firm’s(s’) Country that currently export or have section 776(b) of the Act (19 U.S.C. operations on that product during exported Subject Merchandise to the 1677e(b)) in making its determinations calendar year 2016 (report quantity data United States or other countries after in the reviews. in pounds and value data in U.S. 2010. Information to be Provided in (7) A list of 3–5 leading purchasers in dollars). If you are a trade/business Response to This Notice of Institution: If the U.S. market for the Domestic Like association, provide the information, on you are a domestic producer, union/ Product and the Subject Merchandise an aggregate basis, for the firms which worker group, or trade/business (including street address, World Wide are members of your association. association; import/export Subject Web address, and the name, telephone (a) The quantity and value (landed, Merchandise from more than one number, fax number, and Email address duty-paid but not including Subject Country; or produce Subject of a responsible official at each firm). antidumping duties) of U.S. imports Merchandise in more than one Subject (8) A list of known sources of and, if known, an estimate of the Country, you may file a single response. information on national or regional percentage of total U.S. imports of If you do so, please ensure that your prices for the Domestic Like Product or Subject Merchandise from each Subject response to each question includes the the Subject Merchandise in the U.S. or Country accounted for by your firm’s(s’) information requested for each pertinent other markets. imports; Subject Country. As used below, the (9) If you are a U.S. producer of the (b) the quantity and value (f.o.b. U.S. term ‘‘firm’’ includes any related firms. Domestic Like Product, provide the port, including antidumping duties) of (1) The name and address of your firm following information on your firm’s U.S. commercial shipments of Subject or entity (including World Wide Web operations on that product during Merchandise imported from each address) and name, telephone number, calendar 2016, except as noted (report Subject Country; and fax number, and Email address of the quantity data in pounds and value data (c) the quantity and value (f.o.b. U.S. certifying official. in U.S. dollars, f.o.b. plant). If you are port, including antidumping duties) of (2) A statement indicating whether a union/worker group or trade/business U.S. internal consumption/company your firm/entity is an interested party association, provide the information, on transfers of Subject Merchandise under 19 U.S.C. 1677(9) and if so, how, an aggregate basis, for the firms in imported from each Subject Country. including whether your firm/entity is a which your workers are employed/ (11) If you are a producer, an exporter, U.S. producer of the Domestic Like which are members of your association. or a trade/business association of Product, a U.S. union or worker group, (a) Production (quantity) and, if producers or exporters of the Subject a U.S. importer of the Subject known, an estimate of the percentage of Merchandise in any Subject Country, Merchandise, a foreign producer or total U.S. production of the Domestic provide the following information on exporter of the Subject Merchandise, a Like Product accounted for by your your firm’s(s’) operations on that U.S. or foreign trade or business firm’s(s’) production; product during calendar year 2016 association (a majority of whose (b) Capacity (quantity) of your firm to (report quantity data in pounds and members are interested parties under produce the Domestic Like Product (that value data in U.S. dollars, landed and the statute), or another interested party is, the level of production that your duty-paid at the U.S. port but not (including an explanation). If you are a establishment(s) could reasonably have including antidumping duties). If you union/worker group or trade/business expected to attain during the year, are a trade/business association, provide association, identify the firms in which assuming normal operating conditions the information, on an aggregate basis,

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for the firms which are members of your By order of the Commission. Accordingly, the Commission association. Dated: February 22, 2017. determined that it would conduct an (a) Production (quantity) and, if William R. Bishop, expedited reviews pursuant to section known, an estimate of the percentage of Supervisory Hearings and Information 751(c)(3) of the Tariff Act of 1930 (19 total production of Subject Merchandise Officer. U.S.C. 1675(c)(3)).2 in each Subject Country accounted for [FR Doc. 2017–03786 Filed 2–28–17; 8:45 am] For further information concerning by your firm’s(s’) production; (b) Capacity (quantity) of your firm(s) BILLING CODE 7020–02–P the conduct of these reviews and rules to produce the Subject Merchandise in of general application, consult the each Subject Country (that is, the level Commission’s Rules of Practice and INTERNATIONAL TRADE Procedure, part 201, subparts A and B of production that your establishment(s) COMMISSION could reasonably have expected to (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part attain during the year, assuming normal Investigation Nos. 731–TA–624–625 207). operating conditions (using equipment (Fourth Review) Helical Spring Lock and machinery in place and ready to Washers From China and Taiwan: Staff report.—A staff report operate), normal operating levels (hours Scheduling of an Expedited Five-Year containing information concerning the per week/weeks per year), time for Review subject matter of the reviews will be downtime, maintenance, repair, and placed in the nonpublic record on cleanup, and a typical or representative AGENCY: United States International March 21, 2017, and made available to product mix); and Trade Commission. persons on the Administrative (c) the quantity and value of your ACTION: Notice. Protective Order service list for these firm’s(s’) exports to the United States of reviews. A public version will be issued SUMMARY: The Commission hereby gives Subject Merchandise and, if known, an thereafter, pursuant to section notice of the scheduling of expedited estimate of the percentage of total 207.62(d)(4) of the Commission’s rules. exports to the United States of Subject reviews pursuant to the Tariff Act of Merchandise from each Subject Country 1930 (‘‘the Act’’) to determine whether Written submissions.—As provided in accounted for by your firm’s(s’) exports. revocation of the antidumping duty section 207.62(d) of the Commission’s (12) Identify significant changes, if orders on helical spring lock washers rules, interested parties that are parties any, in the supply and demand from China and Taiwan would be likely to the reviews and that have provided conditions or business cycle for the to lead to continuation or recurrence of individually adequate responses to the Domestic Like Product that have material injury within a reasonably notice of institution,3 and any party occurred in the United States or in the foreseeable time. other than an interested party to the market for the Subject Merchandise in DATES: Effective Date: February 6, 2017. reviews may file written comments with each Subject Country after 2010, and FOR FURTHER INFORMATION CONTACT: the Secretary on what determination the significant changes, if any, that are Amelia Shister (202–205–2047), Office Commission should reach in the review. likely to occur within a reasonably of Investigations, U.S. International Comments are due on or before March foreseeable time. Supply conditions to Trade Commission, 500 E Street SW., 24, 2017 and may not contain new consider include technology; Washington, DC 20436. Hearing- factual information. Any person that is production methods; development impaired persons can obtain neither a party to the five-year reviews efforts; ability to increase production information on this matter by contacting nor an interested party may submit a (including the shift of production the Commission’s TDD terminal on 202– brief written statement (which shall not facilities used for other products and the 205–1810. Persons with mobility contain any new factual information) use, cost, or availability of major inputs impairments who will need special pertinent to the reviews by March 24, into production); and factors related to assistance in gaining access to the 2017. However, should the Department the ability to shift supply among Commission should contact the Office of Commerce extend the time limit for different national markets (including of the Secretary at 202–205–2000. its completion of the final results of its barriers to importation in foreign General information concerning the reviews, the deadline for comments markets or changes in market demand Commission may also be obtained by (which may not contain new factual abroad). Demand conditions to consider accessing its internet server (https:// information) on Commerce’s final include end uses and applications; the www.usitc.gov). The public record for results is three business days after the existence and availability of substitute this review may be viewed on the issuance of Commerce’s results. If products; and the level of competition Commission’s electronic docket (EDIS) comments contain business proprietary among the Domestic Like Product at https://edis.usitc.gov. information (BPI), they must conform with the requirements of sections 201.6, produced in the United States, Subject SUPPLEMENTARY INFORMATION: Merchandise produced in each Subject Background.—On February 6, 2017, 207.3, and 207.7 of the Commission’s Country, and such merchandise from the Commission determined that the rules. The Commission’s rules with other countries. domestic interested party group respect to filing were revised effective (13) (OPTIONAL) A statement of response to its notice of institution (81 July 25, 2014. See 79 FR 35920 (June 25, whether you agree with the above FR 75851, November 1, 2016) of the 2014), and the revised Commission definitions of the Domestic Like Product subject five-year reviews was adequate Handbook on E-filing, available from the and Domestic Industry; if you disagree and that the respondent interested party Commission’s Web site at https:// with either or both of these definitions, group response in each review was please explain why and provide inadequate. The Commission did not available from the Office of the Secretary and at the alternative definitions. Commission’s Web site. find any other circumstances that would 2 Commissioner Johanson voted to conduct full 1 Authority: This proceeding is being warrant conducting full reviews. reviews. conducted under authority of title VII of the 3 The Commission has found the response Tariff Act of 1930; this notice is published 1 A record of the Commissioners’ votes, the submitted by Shakeproof to be individually pursuant to section 207.61 of the Commission’s statement on adequacy, and any adequate. Comments from other interested parties Commission’s rules. individual Commissioner’s statements will be will not be accepted (see 19 CFR 207.62(d)(2)).

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www.usitc.gov/secretary/documents/ under sections 106 and 107 of CERCLA OFFICE OF MANAGEMENT AND handbook_on_filing_procedures.pdf. related to this work. In addition, three BUDGET In accordance with sections 201.16(c) site owners signed the consent decree and 207.3 of the rules, each document agreeing to provide access to the Proposals From the Federal filed by a party to the reviews must be defendants to complete the work. Interagency Working Group for served on all other parties to the reviews Revision of the Standards for The publication of this notice opens (as identified by either the public or BPI Maintaining, Collecting, and a period for public comment on the service list), and a certificate of service Presenting Federal Data on Race and must be timely filed. The Secretary will proposed Consent Decree. Comments Ethnicity not accept a document for filing without should be addressed to the Assistant Attorney General, Environment and AGENCY: Office of Information and a certificate of service. Regulatory Affairs, Executive Office of Determination.—The Commission has Natural Resources Division, and should refer to United States v. Pharmacia LLC, the President, Office of Management determined these reviews are and Budget (OMB). extraordinarily complicated and et al., D.J. Ref. No. 90–11–2–06089/5. ACTION: Notice and request for therefore has determined to exercise its All comments must be submitted no comments. authority to extend the review period by later than thirty (30) days after the up to 90 days pursuant to 19 U.S.C. publication date of this notice. SUMMARY: OMB requests comments on 1675(c)(5)(B). Comments may be submitted either by the proposals that it has received from Authority: This review is being conducted email or by mail: the Federal Interagency Working Group under authority of title VII of the Tariff Act for Research on Race and Ethnicity of 1930; this notice is published pursuant to To submit Send them to: (Working Group) for revisions to OMB’s section 207.62 of the Commission’s rules. comments: Standards for Maintaining, Collecting, and Presenting Federal Data on Race By order of the Commission. By email ...... pubcomment-ees.enrd@ Issued: February 23, 2017. usdoj.gov. and Ethnicity. The Working Group’s report and proposals, which are Lisa R. Barton, By mail ...... Assistant Attorney General, presented here in brief and available on Secretary to the Commission. U.S. DOJ–ENRD, P.O. Box 7611, Washington, DC https://www.whitehouse.gov/briefing- [FR Doc. 2017–03939 Filed 2–28–17; 8:45 am] 20044–7611. room/presidential-actions/related-omb- BILLING CODE 7020–02–P material and on http:// Under section 7003(d) of RCRA, a www.regulations.gov in their entirety, are the result of a two-year, focused commenter may request an opportunity DEPARTMENT OF JUSTICE review of the implementation of the for a public meeting in the affected area. current standards. The Working Group’s Notice of Lodging of Proposed During the public comment period, report reflects an examination of current Consent Decree Under the the proposed Consent Decree may be practice, public comment received in Comprehensive Environmental examined and downloaded at this response to the Federal Register Notice Response, Compensation, and Liability Justice Department Web site: https:// posted by OMB on September 30, 2016, Act www.justice.gov/enrd/consent-decrees. and empirical analyses of publicly On February 17, 2017, the Department We will provide a paper copy of the available data. The report also notes of Justice lodged a proposed Consent proposed Consent Decree upon written statutory needs and feasibility Decree with the United States District request and payment of reproduction considerations, including cost and Court for the Southern District of costs. Please mail your request and public burden. Initial proposals and Illinois in the lawsuit entitled United payment to: Consent Decree Library, specific questions to the public appear States v. Pharmacia LLC, et al., Civil U.S. DOJ—ENRD, P.O. Box 7611, under the section Issues for Comment. Action No. 99–063. Washington, DC 20044–7611. None of the proposals has yet been adopted and no interim decisions have The United States filed a Third Please enclose a check or money order Amended Complaint in this lawsuit been made concerning them. The for $58.50 (25 cents per page Working Group’s report and its under the Comprehensive reproduction cost) payable to the United Environmental Response, proposals are being published to solicit States Treasury. For a paper copy Compensation, and Liability Act further input from the public. OMB without Appendices B, C, and D (the (CERCLA). The United States’ complaint plans to announce its decision in mid- names Pharmacia LLC, Solutia Inc., Record of Decision, Statement of Work 2017 so that revisions, if any, can be Cerro Flow Products LLC, and and Financial Assurances), the cost is reflected in preparations for the 2020 ExxonMobil Oil Corporation as only $15.50. Census. OMB can modify or reject any of the proposals, and OMB has the defendants. The complaint requests Randall M. Stone, recovery of oversight and other response option of making no changes. The report Acting Assistant Section Chief, and its proposals are published in this costs that the United States incurred in Environmental Enforcement Section, connection with remedial efforts taken Notice because OMB believes that they Environment and Natural Resources Division. are worthy of public discussion, and in Sauget Area 1 and an order requiring [FR Doc. 2017–03927 Filed 2–28–17; 8:45 am] completion of remedial work selected in OMB’s decision will benefit from a Record of Decision for Sauget Area 1 BILLING CODE 4410–15–P obtaining the public’s views on the located in Sauget, St. Clair County, recommendations. Illinois. All four defendants signed the DATES: To ensure consideration during proposed Consent Decree, agreeing to the final decision making process, pay a total of $475,000 in response costs comments must be provided in writing and complete the work, estimated to to OMB no later than 60 days from the cost $14.8 million. In return, the United publication of this notice. Please be States agrees not to sue the defendants aware of delays in mail processing at

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Federal facilities due to increased Nation uses to monitor and assess its needed to monitor equal access to security. Respondents are encouraged to performance, progress, and needs by housing, education, employment send comments electronically via email undermining the public’s confidence in opportunities, etc., for population or via http://www.regulations.gov. See the information released by the groups that historically had experienced ADDRESSES below. Government. A number of Federal discrimination and differential ADDRESSES: Written comments on the legislative and executive actions, treatment because of their race or recommendations may be addressed to informed by national and international ethnicity. The standards are used not the Office of the U.S. Chief Statistician, practice, have been put into place to only in the decennial census (which Office of Information and Regulatory maintain public confidence in Federal provides the ‘‘denominator’’ for many Affairs, Office of Management and statistics. measures), but also in household Budget, 9th Floor, 1800 G St. NW., Accordingly, in its role as coordinator surveys, on administrative forms (e.g., Washington, DC 20503. You may also of the Federal statistical system under school registration and mortgage send comments or questions via email the Paperwork Reduction Act (https:// lending applications), and in medical to [email protected] or to www.reginfo.gov/public/reginfo/ and other research. http://www.regulations.gov, a Federal pra.pdf), OMB, among other In brief, the standards provide a Web site that allows the public to public responsibilities, is required to ensure minimum set of categories for data on to find, review, and submit comments the efficiency and effectiveness of the race and ethnicity that Federal agencies on documents that agencies have system as well as the integrity, must use if they intend to collect published in the Federal Register and objectivity, impartiality, utility, and information on race and ethnicity. The that are open for comment. Simply type confidentiality of information collected standards do not prohibit Federal ‘‘OMB–2016–0008’’ in the Comment or for statistical purposes. OMB is also agencies from collecting more detailed Submission search box, click Go, and charged with developing and overseeing race/ethnicity data. Collection of more follow the instructions for submitting the implementation of Government- detailed information is encouraged by comments. wide principles, policies, standards, and the standards, provided that any Comments submitted in response to guidelines concerning the development, additional categories can be aggregated this notice may be made available to the presentation, and dissemination of within the minimum standard set if public through relevant Web sites. For statistical information. necessary to facilitate comparison of this reason, please do not include in For example, Statistical Policy data generated from information Directive No. 1: Fundamental your comments information of a collections of varying detail. Self- Responsibilities of Federal Statistical confidential nature, such as sensitive identification is the preferred means of Agencies and Recognized Statistical personal information or proprietary obtaining information about an Units (https://www.gpo.gov/fdsys/pkg/ information. If you send an email individual’s race and ethnicity, except FR-2014-12-02/pdf/2014-28326.pdf) comment, your email address will be in instances where observer provides a unified framework of Federal automatically captured and included as identification is the only, or most statistical agency responsibilities in the feasible collection mode (e.g., part of the comment that is placed in the production of relevant, accurate, and completing a death certificate). Where public docket. Please note that objective statistical products while self-identification is practicable, responses to this public comment maintaining the trust of data providers individuals are encouraged to select as request containing any routine notice and users. Statistical Policy Directive many categories as they deem to be about the confidentiality of the No. 2: Standards and Guidelines for appropriate in describing themselves. communication will be treated as public Statistical Surveys and accompanying Specifically, the current standards state: comments that may be made available to addenda (https://www.whitehouse.gov/ ‘‘Respect for individual dignity should the public notwithstanding the sites/default/files/omb/inforeg/ guide the processes and methods for inclusion of the routine notice. statpolicy/standards_stat_surveys.pdf) collecting data on race and ethnicity; Electronic Availability: This provide overarching, technical ideally, respondent self-identification document is available on the Internet on standards and guidelines to be used by should be facilitated to the greatest the OMB Web site at: https:// Federal agencies when preparing extent possible, recognizing that in www.whitehouse.gov/briefing-room/ statistical products. OMB’s established, some data collection systems observer presidential-actions/related-omb- independent process for preparing identification is more practical.’’ material and on http:// statistical policy directives includes The categories developed represent a www.regulations.gov. Federal technical evaluation, public socio-political construct designed to be FOR FURTHER INFORMATION CONTACT: comment, and expert statistical analysis. used in the self-reported or observed Jennifer Park, Senior Advisor to the U.S. The Federal Standards for collection of data on the race and Chief Statistician, 1800 G St., 9th Floor, Maintaining, Collecting, and Presenting ethnicity of major broad population Washington, DC 20503, email address: Federal Data on Race and Ethnicity groups in this country, and are not [email protected]. (https://www.whitehouse.gov/omb/ genetically-, anthropologically-, or SUPPLEMENTARY INFORMATION: fedreg_1997standards) are another such scientifically-based. The categories in example of OMB standards developed the standards do not identify or A. Background using this established, independent designate certain population groups as To operate efficiently and effectively, process. These current standards were ‘‘minority groups.’’ As the standards the Nation relies on the flow of developed in cooperation with Federal explicitly state, these categories are not objective, credible statistics to support agencies to provide consistent and to be used for determining the eligibility the decisions of individuals, comparable data on race and ethnicity of population groups for participation in households, governments, businesses, throughout the Federal government for any Federal programs. and other organizations. Any loss of an array of statistical and administrative trust in the accuracy, objectivity, or programs. Development of these Federal B. Review Process integrity of the Federal statistical system data standards stemmed in large To maintain the relevance and and its products causes uncertainty measure from new responsibilities to accuracy of Federal statistics, OMB, in about the validity of measures the enforce civil rights laws. Data were its role coordinating the Federal

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statistical system through the authority On September 30, 2016, OMB issued practices to collect and report data on provided in the Paperwork Reduction a notice in the Federal Register race/ethnicity has identified challenges Act, undertakes periodic reviews of its (www.regulations.gov/ faced by some agencies with the Federal statistical standards. Since the document?D=OMB-2016-0002-0001) implementation of the current 1997 revision of Federal race/ethnicity announcing its review and requesting standards. The Subgroup also identified standards, much has been learned about public comment on the areas identified challenges anticipated if the current their implementation. Over this same by the Working Group where revision to standards were revised from a Separate time span, the U.S. population has the current standards might improve the Questions format to a Combined continued to become more racially and quality of Federal data on race and Question format. The public comments ethnically diverse. In accordance with ethnicity. Specifically, comments were received to date also articulated both of good statistical practice, several Federal requested on: (1) The adequacy of the these concerns, with the public agencies have conducted current standards in the areas identified generally noting that a Combined methodological research to better for focused review; (2) specific Question approach resonates with understand how use of the revised suggestions for the identified areas that personal conceptions of race/ethnicity. standards informs the quality of Federal have been offered; and (3) principles (That is, most commentators thought statistics on race and ethnicity. that should govern any proposed there was no basis to distinguish In 2014, OMB formed the Working revisions to the standards in the between race and ethnicity.) However, Group to exchange research findings, identified areas. concerns were also raised regarding the identify implementation issues, and After careful review of the 3,750 anticipated operational feasibility and collaborate on a shared research agenda public comments received, as well as cost for implementing this change, to improve Federal data on race and other stakeholder engagement; analysis particularly among Federal ethnicity. The Working Group of publicly available empirical data and commentators. Analyses to date comprises representatives from ten cognitive testing results; and suggested that collecting these data Cabinet departments and three other consideration of statutory needs, using a Combined Question may agencies engaged in the collection or operational feasibility, cost and public improve information quality for some use of Federal race and ethnicity data. burden; the Working Group developed respondents in some information Through its systematic review of the an interim report and now seeks further collections. However, these results may implementation of the 1997 revision public comment. The review process apply most readily to self-reported and stakeholder feedback, the Working and findings are described in detail in collections conducted by the U.S. Group identified four particular areas the report (LINK). In some cases, initial Census Bureau, whose data collection where further revisions to the standards proposals are also offered. and data coding procedures differ from those used by other Federal agencies might improve the quality of race and C. Issues for Comment due to a Congressional requirement ethnicity information collected and With this notice, OMB requests presented by Federal agencies. particular to Census (See H.R. 2562, comments on proposals presented in the 2005–2006). Further, the results do not Specifically, these four areas were: interim report of the Federal Interagency 1. The use of separate questions seem to generalize easily to the Working Group for Research on Race collection of race/ethnicity through versus a combined question to measure and Ethnicity for revisions to OMB’s administrative records—a method on race and ethnicity and question Standards for Maintaining, Collecting, which many Federal agencies rely phrasing as a solution to race/ethnicity and Presenting Federal Data on Race heavily. Administrative record data question nonresponse; and Ethnicity. These proposals and collections, which are used more 2. The classification of a Middle requests for further public comment routinely to generate Federal statistics, Eastern and North African (MENA) appear in the final chapter of the rely on complementary data collections group and distinct reporting category; Working Group’s report (LINK) and are by administrative units, which add to 3. The description of the intended use presented here for ease of reference. the complexity of making changes to the of minimum reporting categories; and Note that these are issues presented by racial and ethnic classifications. In 4. The salience of terminology used each separate Subgroup and do not effect, each of the individual for race and ethnicity classifications and necessarily represent a consensus of the administrative units must implement other language in the standard. entire Working Group as a whole. The the revised categories. In some cases, Within the Working Group, Working Group will continue to this implementation may be within Subgroups were formed to identify areas deliberate and take into consideration systems relying on the same record for possible revision; review public comments received from the public systems, such in the cases of schools comments regarding areas identified; before making final proposals for OMB’s within a district or state. In other cases, conduct empirical analyses of potential consideration. changes to administrative record improvements; and consider statutory systems may require changing 1. Questionnaire Format and requirements and anticipated public procedures for large numbers of Nonresponse burden and cost. The Subgroups were individual institutions, businesses, or charged with preparing initial proposals (a) Initial Plans: The Subgroup plans organizations. It is clear, however, that for consideration by the Working Group to continue its review of current Federal both the magnitude and scope of as a whole, and, subsequently, by OMB. agency practices to determine whether anticipated benefits and costs must be Each Subgroup was comprised of or how a revised question format might considered. Federal statisticians and/or Federal improve the collection, tabulation, and Therefore, to assist in its policy analysts. Several agencies were utility of race/ethnicity statistics for deliberations, the Subgroup requests represented in each Subgroup, and Federal programs and policies. From public comment on the following Subgroup co-chairs facilitated work this review, the Subgroup plans to questions. Thinking about how processes. Each Subgroup prepared its prepare (initial) proposals for information is collected: analysis plan; these were consideration. 1. What factors should be considered simultaneously shared and discussed (b) Request for Public Comment: The when evaluating anticipated across the Working Group. Subgroup’s review of current agency information quality? Should both

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magnitude and scope (that is, the requests to add an ethnic category for that is separate from the White majority of collections) be considered? Arabs and Middle Easterners to the minimum reporting category? Should magnitude of the improved minimum collection standards. OMB 3. Outreach conducted with the Israeli information outweigh the scope of the heard those requests and encouraged American Council and Jewish American improved change, or vice versa? What further research on how to collect and organizations indicates that persons of amount of improvement would be improve data on the Arab and Middle Ashkenazi, Mizrahi, and Sephardi considered meaningful? How should an Easterner population. Since that time, origin do not wish to be included in the improvement in data quality in some research has continued and, with the MENA category, as these ethnicities Federal data systems be balanced benefit of quantitative and qualitative directly identify persons as Jewish. against decreased data quality in other information collections conducted by Moreover, experts at the Census systems? the Census Bureau as well as public Bureau’s 2015 Forum on Ethnic Groups 2. What factors should be considered comment and stakeholder engagement, from the Middle East and North Africa when evaluating anticipated feasibility? the results have overwhelmingly expressed that those who identify as Should burden to local, State, and supported the classification of a MENA Assyrian, Chaldean, Coptic, or Druze Federal agencies be considered? What category. (See Interim Report.) would like to be included in a MENA amount of cost spent to augment Last, findings from the Census category. We ask for public comment systems and labor hours used to Bureau’s 2015 Forum on Ethnic Groups regarding the following question: implement changes would caution from the Middle East and North Africa Which, if any, specific ethnoreligious against implementing a change? How (http://www.census.gov/library/working- groups should be included in a MENA should potential lags in data delivery be papers/2015/demo/2015-MENA- classification? weighed? Experts.html) and a review of public 4. The Subgroup has also observed 3. What factors should be considered comments on Proposed Information from initial feedback that the definition when evaluating anticipated cost of Collection; Comment Request; 2015 of MENA may be misunderstood to implementing a change? Should costs be National Content Test (12/2/2014) include only persons who are foreign weighed differently when experienced found that some experts and born. Our intention is that a MENA at a local, State, or Federal level? How stakeholders believe that a classification category, should it be adopted, would include persons of MENA origins, should the costs of improving or failing of this population should be regardless of country of birth. We are to improve information quality be geographically based. interested in receiving feedback as to considered? (b) Request for Public Comment: how to best communicate this to 4. When considering information However, some questions remain. Some quality, feasibility, and cost, how respondents. of the groups proposed for inclusion 5. What is the estimated cost and should benefits and costs be weighed? under a MENA classification were also In which cases would information public burden associated with requiring ethnoreligious groups. A challenge to an additional reporting category for quality outweigh feasibility and cost ethnicity measurement can be the concerns? In which cases would MENA across Federal information intersection of ethnicity with religious collections? Given the estimated size of feasibility and cost concerns outweigh affiliation. The race/ethnicity standards information quality? the MENA group, would a separate are not intended to measure religion reporting category allow reporting of 2. Classification of Middle Eastern or (see Pub. L. 94–521), and it is unclear statistically reliable estimates? Would North African Race/Ethnicity how to address inclusion of the size of the MENA group present (a) Initial Proposal: The Subgroup ethnoreligious groups while clearly confidentiality or privacy concerns? proposes that a Middle Eastern or North maintaining the intent and use of the How should the anticipated African (MENA) classification be added resulting measure as not indicating improvement in information quality be to the standards. The classification for religion. Further, although the great weighed against anticipated feasibility the Middle Eastern and North African majority of public comments received and cost if the additional reporting population should be geographically on the measurement of MENA category were encouraged? If it were based. The MENA classification should supported an additional, required required? be defined as: ‘‘A person having origins minimum reporting category, the cost and burden of requiring this additional 3. Additional Minimum Reporting in any of the original peoples of the Categories Middle East and North Africa. This reporting category when race/ethnicity includes, for example, Lebanese, is measured across the Federal The initial review of the 1997 Iranian, Egyptian, Syrian, Moroccan, government is unclear. standards did not identify additional, Israeli, Iraqi, Algerian, and Kurdish.’’ 1 1. If MENA were collected as a minimum reporting categories for The Subgroup bases this initial separate reporting category, assuming detailed race/ethnicity groups as an recommendation on public comment that separate race/ethnicity questions element for evaluation. However, during and analyses to date. During the public continue to be the standard, should the public comment period for comment process for the 1997 MENA be considered an ethnicity or a September 30, 2016’s Federal Register standards, OMB received a number of race? [Note that, in either case, Notice, the Working Group received respondents still will be able to report more than 1,200 comments expressing 1 The rationale for using these examples is to more than one.] the need for further disaggregated data include the two largest Middle Eastern Arab 2. Beyond potentially establishing a for Asian communities and Native nationalities (Lebanese and Syrian), the two largest specification of a MENA classification Hawaiian or Other Pacific Islander North African Arab nationalities (Egyptian and Moroccan), and the two largest non-Arab (i.e., a description of the national origins communities. Other comments express a nationalities within the Middle Eastern/North and populations that would be included similar need for disaggregated data, African region (Iranian and Israeli) as the first six as MENA), the IWG is also researching including 10 comments advocating for examples. This is followed by the next largest the potential establishment of MENA as the disaggregation of the ‘‘Black or Middle Eastern Arab nationality (Iraqi), the next largest North African Arab nationality (Algerian); as a separate required minimum reporting African American’’ category. well as an example of a transnational, non-Arab category. Should the MENA category be (a) Initial Proposal: Based on public group (Kurdish). a required minimum reporting category comment and Federal agency input

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received to date, the Subgroup proposes Filipino, Asian Indian, Vietnamese, private sector entities and the public? that OMB issue specific guidelines for Korean, Japanese, and an ‘‘other Asian’’ How should this burden and cost be the collection of detailed data for category? 2 If not, how should OMB weighed against any anticipated American Indian or Alaska Native, select the detailed Asian race and improvement in information quality? Asian, Black or African American, ethnicity categories? 8. Should Federal agencies be Hispanic or Latino, Native Hawaiian or 3. If issuing specific guidelines for the required to collect detailed race and Other Pacific Islander, and White collection of detailed Black or African ethnicity data even when such data groups for self-reported race and American race and ethnicity data, could not be responsibly reported due to ethnicity collections. By providing these should OMB adopt the NCT format, statistical reliability and confidentiality guidelines, consistent collection of which includes separately African concerns? If so, in which cases? What detailed race and ethnicity data will be American, Jamaican, Haitian, Nigerian, factors should be considered? supported across Federal agencies. Such Ethiopian, and Somali? If not, how 9. If OMB were to strongly encourage, direction would not be applied to the should OMB select the detailed race and but not require, collection of detailed collection of observed race/ethnicity, ethnicity categories? race and ethnicity data by Federal since the accuracy at such a detailed 4. If issuing specific guidelines for the agencies, how likely are Federal level would be a concern in this form collection of detailed Hispanic or Latino agencies to adopt collection of detailed of reporting. Further, the Subgroup race and ethnicity data, should OMB race and ethnicity data? plans to consider under what other adopt the NCT format, which includes 10. If OMB were to strongly conditions detailed data should not be separately Mexican or Mexican encourage, but not require, collection of collected. However, the Subgroup plans American, Puerto Rican, Cuban, detailed race and ethnicity data by to continue its deliberations as to Salvadoran, Dominican, and Federal agencies, what criteria should whether OMB should require or, Colombian? If not, how should OMB be used to encourage and evaluate alternatively, strongly support but not select the detailed race and ethnicity conformance with such guidance? require Federal agencies to collect categories? 4. Relevance of Terminology detailed data. 5. If issuing specific guidelines for the 1. The Subgroup proposes that OMB collection of detailed Native Hawaiian (a) Initial Proposals: 1. The Subgroup proposes no changes issue specific guidelines for the or Other Pacific Islanders race and be made to the current standards to collection of detailed race and ethnicity ethnicity data, should OMB adopt the specifically incorporate the following data for collections that are self- 2010 Decennial Census format, which geographic locations into any existing reported. includes separately Native Hawaiian, race or ethnicity category: Australian (b) Request for Public Comment: The Chamorro,3 Samoan, and an ‘‘other (including the original people of Subgroup requests public comments on Pacific Islander’’ category? Should it use Australia/the Aborigines), Brazilian, the guidelines that should be provided the NCT format, which includes Cape Verdean, New Zealander, and for collecting detailed race and ethnicity separately Native Hawaiian, Samoan, Papua New Guinean. This proposal data. Additionally, to evaluate whether Chamorro, Tongan, Fijian, and takes into account the low prevalence of or not the reporting of detailed Marshallese? If neither of these, how these geographic locations appearing as categories should be required, or if such should OMB select the detailed Native write-in responses according to the reporting should be strongly encouraged Hawaiian or Other Pacific Islander race but not required, additional information research presented above. and ethnicity categories? 2. Based on its analyses to date, the is needed. The Subgroup recognizes that 6. If issuing specific guidelines for the Subgroup proposes more research and collecting detailed race and ethnicity collection of detailed White race and public input be conducted to enable a data likely would impose a substantial ethnicity data, should OMB adopt the more complete consideration of adding cost on Federal agencies, State and local NCT format, which includes separately more specific South or Central agencies, and private sector entities and German, Irish, English, Italian, Polish, burden on the public. Therefore, the American subgroups to the current and French? 4 If not, how should OMB Subgroup requests public comment on description of the American Indian or select the detailed race and ethnicity the consideration that should be given Alaska Native (AIAN) category in order categories? to evaluate the value of improved to improve identification with the 7. What burden and cost would a information quality taking into account reporting category. Federal requirement to collect detailed anticipated cost and public burden. 3. The Subgroup proposes that the race and ethnicity data place on Federal Specifically, the Subgroup seeks public duplicate initial mention of ‘‘Cuban’’ be agencies, State and local agencies, comment on the following questions: deleted in the definition of ‘‘Hispanic or 1. If issuing specific guidelines for the Latino’’ so that the listing is presented 2 The checkboxes used in Census 2010 were collection of detailed American Indian Asian Indian, Chinese, Filipino, Japanese, Korean, according to population size. The or Alaska Native race and ethnicity Vietnamese, and Other Asian with five additional Subgroup also considered whether the data, should OMB adopt the 2015 examples of Hmong, Laotian, Thai, Pakistani, and current ordering of the classification National Content Test (NCT) method, Cambodian. listing should be updated to reflect 3 which includes separately Navajo In the 1997 standards, the actual OMB standards current population size. As a next step, used the term Guam, not Guamanian. Census 2010 Nation, Blackfeet Tribe, Mayan, Aztec, featured the following checkboxes: Native the Subgroup plans to apply this Native Village or Barrow Inupiat Hawaiian, Guamanian or Chamorro, Samoan; and rationale to the classification listing and Traditional Government, and Nome provided the following examples listed for other determine the magnitude and benefit of Eskimo Community? If not, how should NHPI: Fijian and Tongan. Since Census 2010, based any resulting changes. The results of on feedback received by members of the Native OMB select the detailed race and Hawaiian or Other Pacific Islander community, this analysis are intended to be shared ethnicity categories? Census no longer includes the term Guamanian in with the public. 2. If issuing specific guidelines for the its collections. 4. The Subgroup proposes that the collection of detailed Asian race and 4 These are the examples used when MENA was term ‘‘Negro’’ be removed from the included in NCT questionnaires. When MENA was ethnicity data, should OMB adopt the not included in NCT questionnaires, the examples standards. Further, the Subgroup 2010 Decennial Census and NCT format, are as follows: German, Irish, English, Italian, recommends that the term ‘‘Far East’’ be which includes separately Chinese, Lebanese, and Egyptian. removed from the current standards.

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5. The Subgroup also proposes that D. Conclusion www.nitrd.gov/nitrdgroups/ _ _ OMB provide guidance to Federal This Notice affords a second index.php?title=Joint Engineering _ agencies that race/ethnicity coding opportunity for the public to comment Team (JET). procedures be documented and made on the interim progress of the Working Public Comments: The government publicly available, as this would allow Group. None of the proposals has been seeks individual input; attendees/ greater transparency and promote adopted and no interim decisions have participants may provide individual further consistency in Federal data been made concerning them. OMB can collections. advice only. Members of the public are modify or reject any of the proposals, 6. The Subgroup proposes further welcome to submit their comments to clarifying the standards to indicate the and OMB has the option of making no [email protected]. Please note classification is not intended to be changes. The report and its proposals that under the provisions of the Federal genetically based, nor based on skin are published in this Notice because Advisory Committee Act (FACA), all color. Rather, the goal of standards is to OMB believes that they are worthy of public comments and/or presentations provide guidelines for the Federal public discussion, and OMB’s decision will be treated as public documents and measurement of race/ethnicity as a will benefit from obtaining the public’s will be made available to the public via social construct and therefore inform views on the recommendations. OMB the JET Web site. plans to announce its decision in spring public policy decisions. Submitted by the National Science (b) Request for Public Comment: The 2017 so that revisions, if any, can be Foundation in support of the Subgroup also considered whether reflected in preparations for the 2020 referring to Black or African American Census. Networking and Information Technology Research and Development as the ‘‘principal minority race’’ is still Dominic J. Mancini, relevant, meaningful, accurate, and (NITRD) National Coordination Office Acting Administrator, Office of Information (NCO) on February 23, 2017. acceptable. Given that many of the and Regulatory Affairs. groups classified as racial and ethnic [FR Doc. 2017–03973 Filed 2–28–17; 8:45 am] Suzanne H. Plimpton, minorities have experienced BILLING CODE P Reports Clearance Officer, National Science institutionalized or State-sanctioned Foundation. discrimination as well as social disadvantage and oppression, many [FR Doc. 2017–03935 Filed 2–28–17; 8:45 am] consider it to be important to continue NATIONAL SCIENCE FOUNDATION BILLING CODE 7555–01–P identifying the principal minority group Large Scale Networking (LSN)—Joint in Federal data collections and reporting Engineering Team (JET) systems. However, it is not clear if the NATIONAL SCIENCE FOUNDATION referent groups should change given AGENCY: The Networking and Notice of Permits Issued Under the changing demographics. Information Technology Research and Antarctic Conservation Act of 1978 1. Should Hispanic or Latino be Development (NITRD) National among the groups considered among Coordination Office (NCO), National AGENCY: National Science Foundation. ‘‘principal minorities’’? Would Science Foundation. alternative terms be more salient (e.g., ACTION: Notice of meetings. ACTION: Notice of permits issued under ‘‘principal minority race/ethnicity’’)? the Antarctic Conservation of 1978, Hispanic or Latino usually is considered FOR FURTHER INFORMATION CONTACT: Dr. Public Law 95–541. an ethnicity while ‘‘minority’’ is usually Grant Miller at [email protected] or (703) used when referencing race. 292–4873. SUMMARY: The National Science The overall goal of the standards’ review is to ensure the quality of DATES: The JET meetings are held on the Foundation (NSF) is required to publish information that is used to inform third Tuesday of each month (January notice of permits issued under the Federal policy, without imposing undue 2017–December 2017, 12:00 a.m.–2:00 Antarctic Conservation Act of 1978. burden on the public. Comments are p.m., at the National Science This is the required notice. Foundation, 4201 Wilson Boulevard, requested on any aspect of the Working FOR FURTHER INFORMATION CONTACT: Arlington, VA 22230. Please note that Group’s proposals. When evaluating the Nature McGinn, ACA Permit Officer, proposals, readers may wish to refer to public seating for these meetings is limited and is available on a first-come, Office of Polar Programs, Rm. 755, the set of general principles used by National Science Foundation, 4201 Working Group members to govern its first served basis. WebEx and/or Wilson Boulevard, Arlington, VA 22230. review (enumerated in Section 1 of the Teleconference participation is available Or by email: [email protected]. Working Group’s interim report)—a for each meeting. Please reference the process that has attempted to balance JET Web site for updates. Further SUPPLEMENTARY INFORMATION: On statistical issues, data needs, and social information about the NITRD may be December 27, 2016, the National concerns. We recognize these principles found at: http://www.nitrd.gov/. Science Foundation published a notice may in some cases represent competing SUMMARY: The JET, established in 1997, in the Federal Register of a permit goals for the standards. For example, provides for information sharing among application received. The permit was having categories that are Federal agencies and non-Federal issued on January 26, 2017 to: Daniel comprehensive in the coverage of our participants with interest in high McGrath, Permit No. 2017–037. Nation’s diverse population (Principle performance research networking and 4) and that would facilitate self- networking to support science Nadene G. Kennedy, identification (Principle 2) may not be applications. The JET reports to the Polar Coordination Specialist, Office of Polar operationally feasible in terms of the Large Scale Networking (LSN) Programs. burden that would be placed upon Interagency Working Group (IWG). The [FR Doc. 2017–03933 Filed 2–28–17; 8:45 am] respondents and the public and private agendas, minutes, and other meeting BILLING CODE 7555–01–P costs that would be associated with materials and information can be found implementation (Principle 8). on the JET Web site at: https://

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NATIONAL SCIENCE FOUNDATION (NITRD) National Coordination Office Technology Research and Development (NCO) on February 23, 2017. (NITRD) National Coordination Office Faster Administration of Science and (NCO) on February 23, 2017. Suzanne H. Plimpton, Technology Education and Research Suzanne H. Plimpton, (FASTER) Community of Practice Reports Clearance Officer, National Science Foundation. (CoP) Reports Clearance Officer, National Science [FR Doc. 2017–03941 Filed 2–28–17; 8:45 am] Foundation. [FR Doc. 2017–03942 Filed 2–28–17; 8:45 am] AGENCY: The Networking and BILLING CODE 7555–01–P Information Technology Research and BILLING CODE 7555–01–P Development (NITRD) National NATIONAL SCIENCE FOUNDATION Coordination Office (NCO). NATIONAL TRANSPORTATION Large Scale Networking (LSN)— ACTION: Notice of meetings. SAFETY BOARD Middleware and Grid Interagency Coordination (MAGIC) Team Sunshine Act Meeting; Agenda FOR FURTHER INFORMATION CONTACT: Mr. AGENCY: The Networking and Fouad Ramia at [email protected] or TIME AND DATE: 9:30 a.m., Tuesday, Information Technology Research and (703) 292–4873. March 14, 2017. Development (NITRD) National Date/Location: The FASTER CoP Coordination Office (NCO). PLACE: NTSB Conference Center, 429 meetings will be held monthly (January L’Enfant Plaza SW., Washington, DC ACTION: Notice of meetings. 2017–December 2017) at the National 20594. Science Foundation, 4201 Wilson FOR FURTHER INFORMATION CONTACT: Dr. STATUS: The one item is open to the Boulevard, Arlington, VA 22230. Please Grant Miller at [email protected] or (703) public. note that public seating for these 292–4873. MATTERS TO BE CONSIDERED: meetings is limited and is available on DATES: The MAGIC Team meetings are 56342 Highway Accident Report— a first-come, first served basis. WebEx held on the first Wednesday of each Motorcoach Collision With Crash and/or Teleconference participation is month, 12:00 p.m.–2:00 p.m., at the Attenuator in Gore Area, US available for each meeting. Please National Science Foundation, 4201 Highway 101, San Jose, California, reference the FASTER CoP Web site for Wilson Boulevard, Arlington, VA 22230. January 19, 2016. meeting dates and times. Further Please note that public seating for these NEWS MEDIA CONTACT: Telephone: (202) information about the NITRD may be meetings is limited and is available on 314–6100. found at: http://www.nitrd.gov/. a first-come, first served basis. WebEx The press and public may enter the Faster Web site: The agendas, and/or Teleconference participation is NTSB Conference Center one hour prior minutes, and other meeting materials available for each meeting. Please to the meeting for set up and seating. and information can be found on the reference the MAGIC Team Web site for Individuals requesting specific FASTER Web site at: https:// updates. Further information about the accommodations should contact www.nitrd.gov/nitrdgroups/ NITRD may be found at: http:// Rochelle Hall at (202) 314–6305 or by index.php?title=FASTER. www.nitrd.gov/. email at [email protected] SUMMARY: The MAGIC Team, by Wednesday, March 8, 2017. SUMMARY: The goal of the FASTER CoP established in 2002, provides a forum The public may view the meeting via is to enhance collaboration and for information sharing among Federal a live or archived webcast by accessing accelerate agencies’ adoption of agencies and non-Federal participants a link under ‘‘News & Events’’ on the advanced IT capabilities developed by with interests and responsibility for NTSB home page at www.ntsb.gov. Government-sponsored IT research. middleware, Grid, and cloud projects. Schedule updates, including weather- FASTER, seeks to accelerate The MAGIC Team reports to the Large related cancellations, are also available deployment of promising research Scale Networking (LSN) Interagency at www.ntsb.gov. technologies; share protocol Working Group (IWG). The agendas, FOR FURTHER INFORMATION CONTACT: information, standards, and best minutes, and other meeting materials Candi Bing at (202) 314–6403 or by practices; and coordinate and and information can be found on the email at [email protected]. disseminate technology assessment and MAGIC Web site at: https:// FOR MEDIA INFORMATION CONTACT: Eric testbed results. www.nitrd.gov/nitrdgroups/ Weiss at (202) 314–6100 or by email at Public Comments: The government index.php?title=Middleware_And_Grid_ [email protected]. _ _ seeks individual input; attendees/ Interagency Coordination (MAGIC). Dated: Friday, February 24, 2017. participants may provide individual Public Comments: The government seeks individual input; attendees/ Candi R. Bing, advice only. Members of the public are Federal Register Liaison Officer. welcome to submit their comments to participants may provide individual [FR Doc. 2017–04029 Filed 2–27–17; 11:15 am] [email protected]. Please note advice only. Members of the public are BILLING CODE 7533–01–P that under the provisions of the Federal welcome to submit their comments to Advisory Committee Act (FACA), all [email protected]. Please note that under the provisions of the Federal public comments and/or presentations Advisory Committee Act (FACA), all NUCLEAR REGULATORY will be treated as public documents and public comments and/or presentations COMMISSION will be made available to the public via will be treated as public documents and [NRC–2017–0001] the FASTER CoP Web site. will be made available to the public via Submitted by the National Science the MAGIC Team Web site. Sunshine Act Meeting Notice Foundation in support of the Submitted by the National Science Networking and Information Foundation in support of the DATES: Weeks of February 27, March 6, Technology Research and Development Networking and Information 13, 20, 27, April 3, 2017.

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PLACE: Commissioners’ Conference notice. For more information or to verify ‘‘Commission’’) the proposed rule Room, 11555 Rockville Pike, Rockville, the status of meetings, contact Denise change as described in Items I, II, and Maryland. McGovern at 301–415–0981 or via email III, below, which Items have been STATUS: Public and Closed. at [email protected]. prepared by the Exchange. The Commission is publishing this notice to Week of February 27, 2017 * * * * * The NRC Commission Meeting solicit comments on the proposed rule Wednesday, March 1, 2017 Schedule can be found on the Internet change from interested persons. 10:00 a.m. Briefing on NRC at: http://www.nrc.gov/public-involve/ I. Self-Regulatory Organization’s International Activities (Closed Ex. public-meetings/schedule.html. Statement of the Terms of Substance of 1 & 9). * * * * * the Proposed Rule Change Thursday, March 2, 2017 The NRC provides reasonable The Exchange proposes to amend the accommodation to individuals with 9:00 a.m. Strategic Programmatic Exchange’s port-related fees at Rules disabilities where appropriate. If you 7015 and 7016(a) to eliminate prorated Overview of the Fuel Facilities and need a reasonable accommodation to the Nuclear Materials Users billing. participate in these public meetings, or The text of the proposed rule change Business Lines (Public Meeting) need this meeting notice or the (Contact: Soly Soto; 301–415–7528). is available on the Exchange’s Web site transcript or other information from the at http://nasdaqbx.cchwallstreet.com/, This meeting will be webcast live at public meetings in another format (e.g., at the principal office of the Exchange, the Web address—http://www.nrc.gov/. braille, large print), please notify and at the Commission’s Public Week of March 6, 2017—Tentative Kimberly Meyer, NRC Disability Reference Room. Program Manager, at 301–287–0739, by There are no meetings scheduled for videophone at 240–428–3217, or by II. Self-Regulatory Organization’s the week of March 6, 2017. email at Kimberly.Meyer-Chambers@ Statement of the Purpose of, and Week of March 13, 2017—Tentative nrc.gov. Determinations on requests for Statutory Basis for, the Proposed Rule Change There are no meetings scheduled for reasonable accommodation will be the week of March 13, 2017. made on a case-by-case basis. In its filing with the Commission, the * * * * * Exchange included statements Week of March 20, 2017—Tentative Members of the public may request to concerning the purpose of and basis for Thursday, March 23, 2017 receive this information electronically. the proposed rule change and discussed If you would like to be added to the any comments it received on the 9:00 a.m. Hearing on Combined distribution, please contact the Nuclear proposed rule change. The text of these Licenses for North Anna Nuclear Regulatory Commission, Office of the statements may be examined at the Plant, Unit 3: Section 189a. of the Secretary, Washington, DC 20555 (301– places specified in Item IV below. The Atomic Energy Act Proceeding 415–1969), or email Exchange has prepared summaries, set (Public Meeting), (Contact: James [email protected] or forth in sections A, B, and C below, of Shea: 301–415–1388). [email protected]. the most significant aspects of such This meeting will be webcast live at statements. the Web address—http://www.nrc.gov/. Dated: February 24, 2017. Denise L. McGovern, A. Self-Regulatory Organization’s Friday, March 24, 2017 Policy Coordinator, Office of the Secretary. Statement of the Purpose of, and 10:00 a.m. Briefing on the Annual [FR Doc. 2017–04028 Filed 2–27–17; 11:15 am] Statutory Basis for, the Proposed Rule Threat Environment (Closed Ex. 1). BILLING CODE 7590–01–P Change Week of March 27, 2017—Tentative 1. Purpose There are no meetings scheduled for The purpose of the proposed rule SECURITIES AND EXCHANGE the week of March 27, 2017. change 3 is to harmonize the billing COMMISSION Week of April 3, 2017—Tentative practices for subscription to BX ports [Release No. 34–80093; File No. SR–BX– and other services provided under Rules Tuesday, April 4, 2017 2017–010] 7015 4 and 7016(a) 5 with those of the 10:00 a.m. Meeting with the BX Options Market by no longer Organization of Agreement States Self-Regulatory Organizations; applying a prorated fee for subscriptions and the Conference of Radiation NASDAQ BX, Inc.; Notice of Filing and that are effective other than the first of Control Program Directors (Public Immediate Effectiveness of Proposed any given month.6 The Exchange does Meeting), (Contact: Paul Michalak: Rule Change To Amend the not prorate BX Options Market 301–415–5804). Exchange’s Port-Related Fees at Rules 7015 and 7016(a) To Eliminate Prorated 3 This meeting will be webcast live at The Exchange initially filed the proposed Billing pricing changes on February 1, 2017 (SR–BX–2017– the Web address—http://www.nrc.gov/. 003). On February 9, 2017, the Exchange withdrew Thursday, April 6, 2017 February 23, 2017. that filing and submitted this filing. Pursuant to Section 19(b)(1) of the 4 Rule 7015 is titled ‘‘Ports and other Services’’ 10:00 a.m. Meeting with Advisory Securities Exchange Act of 1934 and provides the options for connecting to the BX equity market together with the fees associated with Committee on Reactor Safeguards (‘‘Act’’),1 and Rule 19b–4 thereunder,2 (Public Meeting), (Contact: Mark such connectivity. notice is hereby given that on February 5 Rule 7016(a) concerns the fees assessed for Pre- Banks: 301–415–3718). 9, 2017, NASDAQ BX, Inc. (‘‘BX’’ or trade Risk Management service ports. Pre-trade Risk This meeting will be webcast live at ‘‘Exchange’’) filed with the Securities Management provides Members with the ability to the Web address—http://www.nrc.gov/. set a wide range of parameters for orders to and Exchange Commission (‘‘SEC’’ or facilitate pre-trade protection for FIX, Rash, OUCH * * * * * and FLITE ports. The schedule for Commission 1 15 U.S.C. 78s(b)(1). 6 See BX Options Market Rules Chapter XV, meetings is subject to change on short 2 17 CFR 240.19b–4. Section 3(b).

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connectivity subscriptions; thus, The Exchange believes that competition both from other exchanges Options Participants 7 are assessed a full elimination of prorated fees under Rules and from off-exchange venues. In sum, month’s fee for a connectivity 7015 and 7016(a) is an equitable if the changes proposed herein are subscription if they direct the Exchange allocation and is not unfairly unattractive to market participants, it is to make the subscribed connectivity live discriminatory because it will apply to likely that the Exchange will lose on any day of the month, including the all new subscribers to the port-related market share as a result. Accordingly, last day thereof. The Exchange notes services under Rules 7015 and 7016(a), the Exchange does not believe that the that the NASDAQ PHLX does not who are free to choose the date on proposed changes will impair the ability prorate port connectivity under both its which their subscription becomes active of members or competing order equity and options rules.8 and thus fee liable. Moreover, the execution venues to maintain their Currently, connectivity on BX’s equity Exchange believes the proposed change competitive standing in the financial market under Rules 7015 and 7016(a) is is an equitable allocation and is not markets. prorated based on the day that it is unfairly discriminatory because it will activated, with the BX Member 9 only harmonize the billing process with that C. Self-Regulatory Organization’s fee liable for the remaining days of the of the BX Options Market. Thus, the Statement on Comments on the partial month. The Exchange has found Exchange will apply the same process to Proposed Rule Change Received From that prorating billing has resulted in both its Options Participants and Members, Participants, or Others complexity and increased costs Equities Members. No written comments were either solicited or received. associated with the billing process. As B. Self-Regulatory Organization’s a consequence, the Exchange is Statement on Burden on Competition III. Date of Effectiveness of the harmonizing the billing process with The Exchange does not believe that Proposed Rule Change and Timing for that of the Exchange’s Options market Commission Action and is not permitting prorated billing the proposed rule change will impose effective February 1, 2017. any burden on competition not The foregoing rule change has become necessary or appropriate in furtherance effective pursuant to Section 2. Statutory Basis of the purposes of the Act. In terms of 19(b)(3)(A)(ii) of the Act.12 The Exchange believes that its inter-market competition, the Exchange At any time within 60 days of the proposal is consistent with Section 6(b) notes that it operates in a highly filing of the proposed rule change, the of the Act,10 in general, and furthers the competitive market in which market Commission summarily may objectives of Sections 6(b)(4) and 6(b)(5) participants can readily favor competing temporarily suspend such rule change if of the Act,11 in particular, in that it venues if they deem fee levels at a it appears to the Commission that such provides for the equitable allocation of particular venue to be excessive, or action is: (i) Necessary or appropriate in reasonable dues, fees and other charges rebate opportunities available at other the public interest; (ii) for the protection among members and issuers and other venues to be more favorable. In such an of investors; or (iii) otherwise in persons using any facility, and is not environment, the Exchange must furtherance of the purposes of the Act. designed to permit unfair continually adjust its fees to remain If the Commission takes such action, the discrimination between customers, competitive with other exchanges and Commission shall institute proceedings issuers, brokers, or dealers. with alternative trading systems that to determine whether the proposed rule The Exchange believes that have been exempted from compliance should be approved or disapproved. elimination of prorated fees under Rules with the statutory standards applicable IV. Solicitation of Comments 7015 and 7016(a) is reasonable because to exchanges. Because competitors are it will reduce complexity and costs free to modify their own fees in Interested persons are invited to associated with the billing process, and response, and because market submit written data, views, and will harmonize it with the process participants may readily adjust their arguments concerning the foregoing, applied to Options Participants. As order routing practices, the Exchange including whether the proposed rule noted above, Members are currently able believes that the degree to which fee change is consistent with the Act. to choose when they want a new changes in this market may impose any Comments may be submitted by any of connectivity subscription to become burden on competition is extremely the following methods: effective and thus make the limited. In this instance, although eliminating Electronic Comments determination of when they wish to • become fee liable. Members will prorated fees for subscriptions under the Use the Commission’s Internet continue to choose when they become rules may result in an increase in fees comment form (http://www.sec.gov/ for new subscriptions to the extent a rules/sro.shtml); or fee liable under the proposed change, • but now the Exchange will assess the Member determines to subscribe to a Send an email to rule- full month’s fee regardless of when the service under Rules 7015 or 7016(a) on [email protected]. Please include File port is subscribed. Thus, Members must a day other than the first day of a given Number SR–BX–2017–010 on the weigh whether subscription to a service month, the Exchange notes that it is subject line. doing so to both simplify the process covered by the rules for less than a full Paper Comments month is worth the full monthly fee. and harmonize it with the process applied to the Exchange’s Options • Send paper comments in triplicate to Secretary, Securities and Exchange 7 As defined by BX Options Market Rules Chapter Participants. Moreover, Members may I, Section 1(a)(41). choose the day on which such services Commission, 100 F Street NE., 8 See Securities Exchange Act Release No. 78665 become effective and may therefore Washington, DC 20549–1090. (August 24, 2016), 81 FR 59693 (August 30, 2016) choose the first day of a month, which All submissions should refer to File (SR–PHLX–2016–85) (eliminating prorated billing would result in no fee increase. Last, the Number SR–BX–2017–010. This file as applied to PSX ports under Access Services Fees). proposed change does not impose a number should be included on the 9 As defined by Rule 0120(i). burden on competition because the subject line if email is used. To help the 10 15 U.S.C. 78f(b). Exchange’s services are completely 11 15 U.S.C. 78f(b)(4) and (5). voluntary and subject to extensive 12 15 U.S.C. 78s(b)(3)(A)(ii).

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Commission process and review your SECURITIES AND EXCHANGE I. Summary of the Proposed Rule comments more efficiently, please use COMMISSION Change only one method. The Commission will post all comments on the Commission’s [Release No. 34–80097; File No. SR– The Exchange states that it does not NYSEMKT–2016–103] Internet Web site (http://www.sec.gov/ currently trade any securities on a UTP rules/sro.shtml). Copies of the basis. The Exchange proposes new rules Self-Regulatory Organizations; NYSE to trade all Tape A and Tape C symbols, submission, all subsequent MKT LLC; Order Instituting on a UTP basis, on its new trading amendments, all written statements Proceedings To Determine Whether To platform, Pillar.7 In addition, the with respect to the proposed rule Approve or Disapprove a Proposed Exchange proposes to adopt rules for the change that are filed with the Rule Change Allowing the Exchange trading of the following types of Commission, and all written To Trade, Pursuant to Unlisted Trading Exchange-Traded Products: 8 Equity communications relating to the Privileges, Any NMS Stock Listed on Linked Notes; Investment Company proposed rule change between the Another National Securities Exchange; Units; Index-Linked Exchangeable Commission and any person, other than Establishing Rules for the Trading Pursuant to UTP of Exchange-Traded Notes; Equity Gold Shares; Equity those that may be withheld from the Index-Linked Securities; Commodity- public in accordance with the Products; and Adopting New Equity Trading Rules Relating to Trading Linked Securities; Currency-Linked provisions of 5 U.S.C. 552, will be Securities; Fixed-Income Index-Linked available for Web site viewing and Halts of Securities Traded Pursuant to UTP on the Pillar Platform Securities; Futures-Linked Securities; printing in the Commission’s Public Multifactor-Index-Linked Securities; Reference Room, 100 F Street NE., February 24, 2017. Trust Certificates; Currency and Index Washington, DC 20549, on official On November 17, 2016, NYSE MKT Warrants; Portfolio Depositary Receipts; business days between the hours of LLC (‘‘Exchange’’) filed with the Trust Issued Receipts; Commodity- 10:00 a.m. and 3:00 p.m. Copies of the Securities and Exchange Commission Based Trust Shares; Currency Trust filing also will be available for (‘‘Commission’’), pursuant to Section Shares; Commodity Index Trust Shares; inspection and copying at the principal 19(b)(1) of the Securities Exchange Act Commodity Futures Trust Shares; office of the Exchange. All comments of 1934 (‘‘Act’’ or ‘‘Exchange Act’’) 1 and Partnership Units; Paired Trust Shares; received will be posted without change; Rule 19b–4 thereunder,2 a proposed rule Trust Units; Managed Fund Shares; and the Commission does not edit personal change to (1) allow the Exchange to Managed Trust Securities.9 identifying information from trade, pursuant to unlisted trading The Exchange represents that the submissions. You should submit only privileges (‘‘UTP’’), any NMS Stock proposed rules for these ETPs are information that you wish to make listed on another national securities substantially identical (other than with available publicly. exchange; (2) establish rules for the respect to certain non-substantive and trading pursuant to UTP of exchange- All submissions should refer to File technical amendments) to the rules of traded products (‘‘ETPs’’ or ‘‘Exchange- Number SR–BX–2017–010 and should the NYSE Arca Equities exchange for Traded Products’’); and (3) adopt new be submitted on or before March 22, the qualification, listing, and trading of equity trading rules relating to trading these ETPs.10 2017. halts of securities traded pursuant to For the Commission, by the Division of UTP on the Exchange’s Pillar trading According to the Exchange, it will Trading and Markets, pursuant to delegated platform. The proposed rule change was trade securities pursuant to UTP only on authority.13 published for comment in the Federal its Pillar platform, not on its current Eduardo A. Aleman, Register on December 1, 2016.3 trading platform. Further, the Exchange states that it does not at this time intend Assistant Secretary. On January 4, 2017, pursuant to 4 to list ETPs pursuant to the proposed [FR Doc. 2017–03908 Filed 2–28–17; 8:45 am] Section 19(b)(2) of the Act, the Commission designated a longer period rules. The Exchange does not propose to BILLING CODE 8011–01–P within which to approve the proposed change any of the current rules of the rule change, disapprove the proposed Exchange pertaining to the listing and rule change, or institute proceedings to trading of ETPs in the NYSE MKT determine whether to approve or Company Guide or in its other rules. disapprove the proposed rule change.5 The Commission has received no 7 According to the Exchange, on January 29, 2015, comments on the proposed rule change. the Exchange announced the implementation of Pillar, which is an integrated trading technology This order institutes proceedings platform designed to use a single specification for 6 under Section 19(b)(2)(B) of the Act to connecting to the equities and options markets determine whether to approve or operated by the Exchange and its affiliates, NYSE disapprove the proposed rule change. Arca, Inc. (‘‘NYSE Arca’’) and New York Stock Exchange LLC. See Trader Update dated January 29, 2015, available at https://www.nyse.com/ 1 15 U.S.C. 78s(b)(1). publicdocs/nyse/markets/nyse/Pillar_Trader_ 2 17 CFR 240.19b–4. Update_Jan_2015.pdf. 3 See Securities Exchange Act Release No. 79400 8 The Exchange is proposing to define the term (Nov. 25, 2016), 81 FR 86750 (Dec. 1, 2016) ‘‘Exchange Traded Product’’ to mean a security that (‘‘Notice’’). meets the definition of ‘‘derivative securities 4 15 U.S.C. 78s(b)(2). product’’ in Rule 19b–4(e) under the Exchange Act. 5 See Securities Exchange Act Release No. 79738, This proposed definition is identical to the 82 FR 3068 (Jan. 10, 2017). The Commission definition of ‘‘Derivatives Securities Product’’ in designated March 1, 2017, as the date by which it NYSE Arca Equities Rule 1.1(bbb). should approve, disapprove, or institute 9 See Notice, supra note 3. proceedings to determine whether to approve or 10 See Notice, supra note 3, at 86750, n.6 (citing disapprove the proposed rule change. NYSE Arca Equities Rules 5 (Listings) and 8 13 17 CFR 200.30–3(a)(12). 6 15 U.S.C. 78s(b)(2)(B). (Trading of Certain Equities Derivatives)).

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II. Proceedings To Determine Whether Interested persons are invited to Commission, 100 F Street NE., To Approve or Disapprove SR– submit written data, views, and Washington, DC 20549–1090. NYSEMKT–2016–103 and Grounds for arguments regarding whether the Disapproval Under Consideration proposal should be approved or All submissions should refer to File Number SR–NYSEMKT–2016–103. This The Commission is instituting disapproved by March 22, 2017. Any person who wishes to file a rebuttal to file number should be included on the proceedings pursuant to Section subject line if email is used. To help the 19(b)(2)(B) of the Act 11 to determine any other person’s submission must file Commission process and review your whether the proposed rule change that rebuttal by April 5, 2017. The comments more efficiently, please use should be approved or disapproved. Commission asks that commenters Institution of such proceedings is address the sufficiency of the only one method. The Commission will appropriate at this time in view of the Exchange’s statements in support of the post all comments on the Commission’s legal and policy issues raised by the proposal, which are set forth in the Internet Web site (http://www.sec.gov/ 15 proposed rule change. Institution of Notice, in addition to any other rules/sro.shtml). Copies of the proceedings does not indicate that the comments they may wish to submit submission, all subsequent Commission has reached any about the proposed rule change. amendments, all written statements conclusions with respect to any of the In particular, the Commission seeks with respect to the proposed rule issues involved. Rather, as described comment on whether the proposed rules change that are filed with the below, the Commission seeks and regarding ETPs, which would not Commission, and all written encourages interested persons to expressly apply on a continuing basis, communications relating to the are consistent with the Act.16 provide comments on the proposed rule proposed rule change between the Comments may be submitted by any change. of the following methods: Commission and any person, other than Pursuant to Section 19(b)(2)(B) of the those that may be withheld from the Act,12 the Commission is providing Electronic Comments public in accordance with the notice of the grounds for disapproval • Use the Commission’s Internet provisions of 5 U.S.C. 552, will be under consideration. The Commission is comment form (http://www.sec.gov/ available for Web site viewing and instituting proceedings to allow for rules/sro.shtml); or printing in the Commission’s Public additional analysis of the proposed rule • Send an email to rule-comments@ Reference Room, 100 F Street NE., change’s consistency with Section sec.gov. Please include File Number SR– Washington, DC 20549, on official 6(b)(5) of the Act, which requires, NYSEMKT–2016–103 on the subject business days between the hours of among other things, that the rules of a line. national securities exchange be 10:00 a.m. and 3:00 p.m. Copies of these ‘‘designed to prevent fraudulent and Paper Comments filings also will be available for manipulative acts and practices, to • Send paper comments in triplicate inspection and copying at the principal promote just and equitable principles of to Secretary, Securities and Exchange office of the Exchange. All comments trade,’’ and ‘‘to protect investors and the received will be posted without change; public interest.’’ 13 Securities Act Amendments of 1975, Senate Comm. the Commission does not edit personal on Banking, Housing & Urban Affairs, S. Rep. No. identifying information from III. Procedure: Request for Written 75, 94th Cong., 1st Sess. 30 (1975). submissions. You should submit only Comments 15 See Notice, supra note 3. 16 information that you wish to make The Commission requests that The Commission has recently approved an exchange proposal to amend its listing standards to available publicly. All submissions interested persons provide written specify continued listing requirements for ETPs, to should refer to File Number SR– submissions of their views, data, and add issuer-notification requirements related to NYSEMKT–2016–103 and should be arguments with respect to the issues failures to comply with the continued listing requirements, and to incorporate specific delisting submitted on or before March 22, 2017. identified above, as well as any other procedures for ETPs. See Securities Exchange Act Rebuttal comments should be submitted concerns they may have with the Release No. 79784 (Jan. 12, 2017), 82 FR 6664 (Jan. by April 5, 2017. proposal. In particular, the Commission 19, 2017) (SR–NASDAQ–2016–135). In addition, invites the written views of interested the Commission’s orders approving the generic For the Commission, by the Division of persons concerning whether the listing and trading of actively managed ETFs relied Trading and Markets, pursuant to delegated upon, among other things, the listing exchanges’ authority.17 proposal is consistent with Section representations that the listing criteria would apply 6(b)(5) or any other provision of the Act, on a continuing basis. See, e.g., Securities Exchange Robert W. Errett, or the rules and regulations thereunder. Act Releases No. 78396 (July 22, 2016), 81 FR Deputy Secretary. 49698, 49701 (July 28, 2016) (File No. SR–BATS– Although there do not appear to be any 2015–100); No. 78397 (July 22, 2016), 81 FR 49320, [FR Doc. 2017–03981 Filed 2–28–17; 8:45 am] issues relevant to approval or 49324 (July 27, 2016) (File No. SR–NYSEArca– BILLING CODE 8011–01–P disapproval that would be facilitated by 2015–110); and No. 78918 (Sept. 23, 2016), 81 FR an oral presentation of views, data, or 67033, 67035 (Sept. 29, 2016) (File No. SR– NASDAQ–2016–104). Recent Commission orders arguments, the Commission will approving the listing and trading of individual ETPs consider, pursuant to Rule 19b–4, any have similarly relied upon representations by the request for an opportunity to make an listing exchange that all statements and oral presentation.14 representations made regarding (a) the description of the portfolio, (b) limitations on portfolio holdings or reference assets, or (c) the applicability of 11 15 U.S.C. 78s(b)(2)(B). exchange rules and surveillance procedures shall 12 Id. constitute continued listing requirements. See, e.g., 13 15 U.S.C. 78f(b)(5). Securities Exchange Act Release No. 77920 (May 14 Section 19(b)(2) of the Act, as amended by the 25, 2016), 81 FR 35086, 35090 (June 1, 2016) (SR– Securities Act Amendments of 1975, Pub. L. 94–29 NYSEArca–2016–46; approving listing and trading (June 4, 1975), grants the Commission flexibility to of shares of the AdvisorShares Cornerstone Small determine what type of proceeding—either oral or Cap ETF); No. 78847 (Sept. 15, 2016), 81 FR 64560, notice and opportunity for written comments—is 64562 (Sept. 20, 2016) (File No. SR–BATS–2016– appropriate for consideration of a particular 34; approving listing and trading of shares of the proposal by a self-regulatory organization. See ProShares Crude Oil Strategy ETF). 17 17 CFR 200.30–3(a)(57).

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SECURITIES AND EXCHANGE rule change.10 Thereafter the filing of the proposed rule change in the COMMISSION Commission received four comment Federal Register is March 1, 2017. letters.11 On January 26, 2017, the The Commission finds that it is [Release No. 34–80098; File No. SR– Exchange filed Amendment No. 1 to the appropriate to designate a longer period Nasdaq–2016–120] proposal,12 and responded to comments within which to issue an order from IEX, SIFMA, KCG Holdings, and approving or disapproving the proposed Self-Regulatory Organizations; The Citadel Securities regarding the rule change, as modified by Amendment Nasdaq Stock Market LLC; Notice of proposed rule change.13 On January 31, No. 2, so that it has sufficient time to Designation of a Longer Period for the Exchange withdrew Amendment consider the proposal and the issues Commission Action on Proceedings To No. 1 and on the same date filed raised by the commenters. Determine Whether To Approve or Amendment No. 2 to the proposed rule Accordingly, the Commission, Disapprove a Proposed Rule Change, change.14 Thereafter, the Commission as Modified by Amendment No. 2, To pursuant to Section 19(b)(2) of the received two comment letters: One from Act,19 designates April 28, 2017, as the Amend Rules 7034 and 7051 To Bats15 and another from IEX.16 Establish the Third Party Connectivity date by which the Commission shall 17 Service Section 19(b)(2) of the Act provides either approve or disapprove the that, after initiating disapproval proposed rule change (File No. SR– February 24, 2017. proceedings, the Commission shall issue Nasdaq–2016–120). On August 16, 2016, the Nasdaq Stock an order approving or disapproving the For the Commission, by the Division of Market LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) proposed rule change not later than 180 Trading and Markets, pursuant to delegated filed with the Securities and Exchange days after the date of publication of authority.20 Commission (‘‘Commission’’), pursuant notice of the filing of the proposed rule Robert W. Errett, 1 change. The Commission may, however, to Section 19(b)(1) of the Securities Deputy Secretary. 2 extend the period for issuing an order Exchange Act of 1934 (‘‘Act’’) and Rule [FR Doc. 2017–03982 Filed 2–28–17; 8:45 am] 19b–4 thereunder,3 a proposed rule approving or disapproving the proposed change to establish the Third Party rule change by not more than 60 days BILLING CODE 8011–01–P Connectivity Service under Rules 7034 if the Commission determines that a longer period is appropriate and and 7051. The proposed rule change SECURITIES AND EXCHANGE publishes the reasons for such was published for comment in the COMMISSION Federal Register on September 2, 2016.4 determination. The proposed rule The Commission received one comment change was published for notice and letter regarding the proposal.5 Nasdaq comment in the Federal Register on [Release No. 34–80099; File No. SR– responded to the comment letter.6 On September 2, 2016.18 The 180th day NYSEARCA–2016–101] October 5, 2016, the Commission after publication of the notice of the Self-Regulatory Organizations; NYSE designated a longer period for Arca, Inc.; Notice of Filing of Commission action on the proposed rule 10 See Securities Exchange Act Release No. 79431, Amendment No. 1 to a Proposed Rule 7 81 FR 87981 (December 6, 2016) (‘‘OIP’’). change. Subsequently, the Commission Change Relating to the Listing and received three additional comment Specifically, the Commission instituted proceedings to allow for additional analysis of, and input from Trading of Shares of SolidX Bitcoin letters regarding the proposal: One from commenters with respect to, the proposed rule Trust Under NYSE Arca Equities Rule Virtu Financial, another from Bats change’s consistency with Sections 6(b)(4), 6(b)(5) 8.201 responding to Nasdaq’s Letter, and a and 6(b)(8) of the Act. See id., 81 FR at 97983. 11 third from SIFMA.8 On November 30, See letters from John Ramsay, Chief Market February 24, 2017. Policy Officer, IEX Group, Inc., dated December 9, 2016, the Commission instituted 2016, Melissa McGregor, Managing Director and proceedings under Section 19(b)(2)(B) of On July 13, 2016, NYSE Arca, Inc. Associate General Counsel, SIFMA, dated December filed with the Securities and Exchange the Act 9 to determine whether to 20, 2016, John A. McCarthy, General Counsel, KCG approve or disapprove the proposed Holdings, Inc., dated December 23, 2016, and Adam Commission (‘‘Commission’’), pursuant C. Cooper, Senior Managing Director and Chief to Section 19(b)(1) of the Securities Legal Officer, Citadel Securities, dated December 1 1 Exchange Act of 1934 (‘‘Act’’) and Rule 15 U.S.C.78s(b)(1). 27, 2016, to Brent J. Fields, Secretary, Commission. 19b–4 thereunder,2 a proposed rule 2 15 U.S.C. 78a. 12 See letter from T. Sean Bennett, Principal 3 17 CFR 240.19b–4. Associate General Counsel, Nasdaq Inc., to Brent J. change to list and trade shares of the 4 See Securities Exchange Act Release No. 78713 Fields, Secretary, Commission, dated January 26, SolidX Bitcoin Trust under NYSE Arca (August 29, 2016), 81 FR 60768 (‘‘Notice’’). 2017. Equities Rule 8.201. The proposed rule 5 See letter from Eric Swanson, Esq., General 13 See letter from T. Sean Bennett, Principal change was published for comment in Counsel, Bats Global Markets, Inc., to Brent J. Associate General Counsel, Nasdaq Inc., to Brent J. the Federal Register on August 2, 2016.3 Fields, Secretary, Securities and Exchange Fields, Secretary, Commission, dated January 26, Commission, dated September 12, 2016 (‘‘Bats 2017. On September 6, 2016, pursuant to Letter’’). 14 See letter from T. Sean Bennett, Principal Section 19(b)(2) of the Act,4 the 6 See letter from Jeffrey S. Davis, Vice President Associate General Counsel, Nasdaq Inc., to Brent J. Commission designated a longer period and General Counsel, Nasdaq Stock Market LLC, to Fields, Secretary, Commission, dated January 31, Brent J. Fields, Secretary, Commission, dated 2017. Amendment No. 2 is available on the within which to approve the proposed October 4, 2016 (‘‘Nasdaq Letter’’). Commission’s Web site at https://www.sec.gov/ rule change, disapprove the proposed 7 See Securities Exchange Act Release No. 79049, comments/sr-nasdaq-2016-120/nasdaq2016120- rule change, or institute proceedings to 81 FR 70452 (October 12, 2016). 1545779-131353.pdf. determine whether to approve or 8 See letters from Douglas A. Cifu, Chief 15 See letter from Eric Swanson, Esq., General Executive Officer, Virtu Financial, dated October 6, Counsel, Bats Global Markets, Inc., to Brent J. 19 15 U.S.C. 78s(b)(2). 2016, Eric Swanson, General Counsel, Bats Global Fields, Secretary, Commission, dated February 6, Markets, Inc., dated October 12, 2016, and Melissa 2017. 20 17 CFR 200.30–3(a)(57). McGregor, Managing Director and Associate 16 See letter from John Ramsay, Chief Market 1 15 U.S.C. 78s(b)(1). General Counsel, Securities Industry and Financial Policy Officer, IEX Group, Inc., to Brent J. Fields, 2 17 CFR 240.19b–4. Secretary Commission, dated February 15, 2017. Markets Association (‘‘SIFMA’’), dated November 3 See Securities Exchange Act Release No. 78426 23, 2016, to Brent J. Fields, Secretary, Commission. 17 15 U.S.C. 78s(b)(2). (Jul. 27, 2016), 81 FR 50763 (Aug. 2, 2016). 9 15 U.S.C. 78s(b)(2)(B). 18 See Notice. 4 15 U.S.C. 78s(b)(2).

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disapprove the proposed rule change.5 Commission is publishing this notice to ‘‘Commodity-Based Trust Shares’’. 11 On October 27, 2016, the Commission solicit comments on Amendment No. 1 The Exchange proposes to list and trade instituted proceedings to determine to the proposed rule change from shares (‘‘Shares’’) of the Trust pursuant whether to approve or disapprove the interested persons. to NYSE Arca Equities Rule 8.201.12 proposed rule change.6 On January 3, SolidX Management LLC is the I. Self-Regulatory Organization’s 2017, pursuant to Section 19(b)(2) of the sponsor of the Trust (‘‘Sponsor’’) and Statement of the Terms of Substance of Act,7 the Commission designated a custodian of the Trust’s bitcoin the Proposed Rule Change longer period within which to approve (‘‘bitcoin Custodian’’). SolidX or disapprove the proposed rule The Exchange proposes to list and Management LLC is a wholly-owned change.8 The Commission has received trade shares of the following under subsidiary of SolidX Partners Inc. nine comments on the proposed rule NYSE Arca Equities Rule 8.201: SolidX Delaware Trust Company is the trustee change.9 Bitcoin Trust (‘‘Trust’’). The proposed (‘‘Trustee’’). The Bank of New York On February 15, 2017, the Exchange rule change is available on the Mellon will be the administrator filed Amendment No. 1 to the proposed Exchange’s Web site at www.nyse.com, (‘‘Administrator’’), transfer agent rule change, as described in Items I and at the principal office of the Exchange, (‘‘Transfer Agent’’) and the custodian, II below, which Items have been and at the Commission’s Public with respect to cash, (‘‘Cash Custodian’’) prepared by the Exchange.10 The Reference Room. of the Trust. Foreside Fund Services, LLC will be the order examiner (‘‘Order 5 See Securities Exchange Act Release No. 78770, II. Self-Regulatory Organization’s Examiner’’) in connection with the 81 FR 62780 (Sept. 12, 2016). Statement of the Purpose of, and creation and redemption of ‘‘Baskets’’ 13 6 See Securities Exchange Act Release No. 79171, Statutory Basis for, the Proposed Rule of Shares. 81 FR 76400 (Nov. 2, 2016). Specifically, the Commission instituted proceedings to allow for Change The Trust was formed as a Delaware additional analysis of the proposed rule change’s statutory trust on September 15, 2016 consistency with Section 6(b)(5) of the Act, which In its filing with the Commission, the and is operated as a grantor trust for requires, among other things, that the rules of a self-regulatory organization included U.S. federal tax purposes. The Trust has national securities exchange be ‘‘designed to statements concerning the purpose of, no fixed termination date. prevent fraudulent and manipulative acts and and basis for, the proposed rule change practices, to promote just and equitable principles According to the Registration of trade,’’ and ‘‘to protect investors and the public and discussed any comments it received Statement, each Share will represent a interest.’’ See id. at 76401. on the proposed rule change. The text fractional undivided beneficial interest 7 15 U.S.C. 78s(b)(2). of those statements may be examined at 8 in the Trust’s net assets. The Trust’s See Securities Exchange Act Release No. 79726, the places specified in Item III below. assets will consist of bitcoin 14 held on 82 FR 2426 (Jan. 9, 2017). The Exchange has prepared summaries, 9 See Letters from Daniel H. Gallancy, CFA, the Trust’s behalf by the Sponsor SolidX Management LLP (Nov. 23, 2016); Thaya B. set forth in sections A, B, and C below, utilizing a secure process as described Knight, Associate Director, Financial Regulation of the most significant parts of such below in ‘‘bitcoin Security and Storage Studies, The Cato Institute (Dec. 1, 2016); Jerry statements. for the Trust’’. The Trust will not Brito, Executive Director, Coin Center (Dec. 7, 2016); Joseph Colangelo, President, Consumers’ A. Self-Regulatory Organization’s normally hold cash or any other assets, Research (Dec. 7, 2016); Denise Krisko, CFA, Statement of the Purpose of, and the but may hold a very limited amount of President and Co-Founder, Vident Investment Statutory Basis for, the Proposed Rule cash in connection with the creation Advisory, LLC (Dec. 7, 2016); Balaji Srinivasan, and redemption of Baskets and to pay Chief Executive Officer & Cofounder, 21, et al. (Dec. Change 7, 2016); Ken I. Maher (Dec. 8, 2016); Craig M. Trust expenses, as described below. Lewis, Madison S. Wigginton Professor of Finance, 1. Purpose According to the Registration Owen Graduate School of Management, Vanderbilt Statement, the Trust will invest in University (Feb. 13, 2017); and Douglas M. Yones, Under NYSE Arca Equities Rule Head of Exchange Traded Products, New York 8.201, the Exchange may propose to list 11 Commodity-Based Trust Shares are securities Stock Exchange (Feb. 22, 2017). All comments on and/or trade pursuant to unlisted the proposed rule change are available on the issued by a trust that represent investors’ discrete Commission’s Web site at: https://www.sec.gov/ trading privileges (‘‘UTP’’) identifiable and undivided beneficial ownership comments/sr-nysearca-2016-101/ interest in the commodities deposited into the Trust. nysearca2016101.shtml. principal basis) also may offer non-deliverable 12 10 Among other things, Amendment No. 1 (1) forwards and swaps in order to provide Authorized On February 3, 2017, the Trust filed identifies Foreside Fund Services, LLC as the Order Participants and market makers with additional Amendment No. 3 to its registration statement Examiner in connection with the creation and options for hedging their exposure to bitcoin (see (‘‘Registration Statement’’) on Form S–1 under the redemption of Baskets of Shares (see Section II.A.1, Section II.A.1, infra (discussion in subheading Securities Act of 1933 (15 U.S.C. 77a) (File No. 333– infra (discussion in subheading ‘‘Purpose’’)); (2) ‘‘bitcoin Trading Activities of the Sponsor with 212479). The descriptions of the Trust, the Shares identifies SolidX Management LLC as the custodian Authorized Participants and Market Makers’’)); (7) and bitcoin contained herein are based, in part, on of the Trust’s bitcoin and The Bank of New York deletes text relating to the suspension or rejection the Registration Statement. Mellon as custodian of the Trust’s cash (see Section of redemption orders (see Section II.A.1, infra This Amendment No. 1 to SR–NYSEArca–2016– II.A.1, infra (discussion in subheading ‘‘Purpose’’)); (discussion in subheading ‘‘Determination of 101 replaces SR–NYSEArca–2016–101 as originally (3) adds content regarding a recent loss of trading Required Payment’’)); (8) deletes text stating that (a) filed and supersedes such filing in its entirety. volume on the leading Chinese exchanges and the Exchange will also make available on its Web 13 The Trust will issue and redeem ‘‘Baskets’’, asserts that trading volumes at these Chinese site daily trading volume of the Shares, and (b) that each equal to a block of 100,000 Shares, only to exchanges are now in line with volumes at U.S. bitcoin prices are available from automated ‘‘Authorized Participants’’. See ‘‘Creation and exchanges (see Section II.A.1, infra (discussion in quotation systems, published or other public Redemption of Shares’’ below. subheading ‘‘bitcoin Price Transparency’’)); (4) sources, or on-line information services (see Section 14 A ‘‘bitcoin’’ is an asset that can be transferred notes that in May 2016, the Gibraltar Financial II.A.1, infra (discussion in subheading ‘‘Availability among parties via the Internet, but without the use Services Commission approved the BitcoinETI, of Information’’)); and (9) adds text stating that, to of a central administrator or clearing agency which was listed on the Gibraltar Stock Exchange the extent that the Administrator has utilized the (‘‘bitcoin’’). The asset, bitcoin, is generally written in July 2016 and on Deutsche Bo¨rse Frankfurt in cascading set of rules described in ‘‘bitcoin Market with a lower case ‘‘b’’. The asset, bitcoin, is August 2016 (see Section II.A.1, infra (discussion in Price,’’ the Trust’s Web site will note the valuation differentiated from the computers and software (or subheading ‘‘Additional bitcoin Trading methodology used and the price per bitcoin the protocol) involved in the transfer of bitcoin Products’’)); (5) adds or changes certain details resulting from that calculation (see Section II.A.1, among users, which constitute the ‘‘Bitcoin regarding the first alternative pricing source for the infra (discussion in subheading ‘‘Availability of Network’’. The asset, bitcoin, is the intrinsically Shares (see Section II.A.1, infra (discussion in Information’’)). Capitalized terms used but not linked unit of account that exists within the Bitcoin subheading ‘‘bitcoin Market Price’’)); (6) adds defined in this footnote have the meaning given to Network. See ‘‘bitcoin and the Bitcoin Industry’’ disclosure that the Sponsor (operating on a them elsewhere in this Notice. below.

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bitcoin only. The activities of the Trust available offering proceeds to purchase concept to sending a bank wire from one are limited to: (i) Issuing Baskets in bitcoin that are traded on various person’s bank account to another exchange for the cash and/or bitcoin domestic and international exchanges person’s bank account. deposited with the Cash Custodian or and OTC markets, without being Balances of the quantity of bitcoin bitcoin Custodian, respectively, as leveraged or exceeding relevant position associated with each bitcoin address are consideration; (ii) purchasing bitcoin limits. Generally, the Sponsor will listed in a database, referred to as the from various exchanges and in over-the- directly place purchase or sale orders ‘‘blockchain’’. Copies of the blockchain counter (‘‘OTC’’) transactions; (iii) for bitcoin on behalf of the Trust on exist on thousands of computers on the selling bitcoin as necessary to cover the domestic and international exchanges Bitcoin Network throughout the Sponsor’s management fee (or, at the and with OTC participants using Internet. A user’s bitcoin wallet will Sponsor’s discretion, transferring delivery-versus-payment (‘‘DVP’’) and either contain a copy of the blockchain bitcoin in-kind to pay the management receive-versus-payment (‘‘RVP’’) or be able to connect with another fee), the insurance premium related to arrangements. computer that holds a copy of the blockchain. the insurance policies on the Trust’s Bitcoin and the Bitcoin Industry bitcoin (‘‘bitcoin Insurance Fee’’), Trust When a bitcoin user wishes to transfer expenses not assumed by the Sponsor General bitcoin to another user, the sender must and other liabilities; (iv) selling bitcoin The following is a brief introduction first request a bitcoin address from the as necessary in connection with to the global bitcoin market. The data recipient. The sender then uses his or redemptions; (v) delivering cash and/or presented below are derived from her bitcoin wallet software, to create a bitcoin in exchange for Baskets information released by various third- proposed addition to the blockchain. surrendered for redemption; and (vi) party sources, including white papers, The proposal would decrement the maintaining insurance coverage for the other published materials, research sender’s address and increment the bitcoin held by the Trust. reports and regulatory guidance. recipient’s address by the amount of According to the Registration bitcoin desired to be transferred. The Statement, the Trust is neither an The Bitcoin Network proposal is entirely digital in nature, investment company registered under A bitcoin is an asset that can be similar to a file on a computer, and it the Investment Company Act of 1940, as transferred among parties via the can be sent to other computers amended,15 nor a commodity pool for Internet, but without the use of a central participating in the Bitcoin Network. purposes of the Commodity Exchange administrator or clearing agency. The Such digital proposals are referred to as Act (‘‘CEA’’),16 and the Sponsor is not term ‘‘decentralized’’ is often used in ‘‘bitcoin transactions’’. Bitcoin subject to regulation as a commodity descriptions of bitcoin, in reference to transactions and the process of one user pool operator or a commodity trading bitcoin’s lack of necessity for sending bitcoin to another should not be adviser in connection with the Shares. administration by a central party. The confused with buying and selling Bitcoin Network (i.e., the network of bitcoin, which is a separate process (as Investment Objective computers running the software discussed below in ‘‘bitcoin Trading On According to the Registration protocol underlying bitcoin involved in Exchanges’’ and ‘‘bitcoin Trading Over- Statement and as further described maintaining the database of bitcoin the-Counter’’). below, the Trust will seek to provide ownership and facilitating the transfer A bitcoin transaction is similar in investors with exposure to the daily of bitcoin among parties) and the asset, concept to an irreversible digital check. change in the U.S. dollar price of bitcoin, are intrinsically linked and The transaction contains the sender’s bitcoin, before expenses and liabilities inseparable. Bitcoin was first described bitcoin address, the recipient’s bitcoin of the Trust, as measured by the in a white paper released in 2008 and address, the amount of bitcoin to be TradeBlock XBX Index (‘‘XBX’’). The published under the name ‘‘Satoshi sent, a confirmation fee and the sender’s Trust intends to achieve this objective Nakamoto’’, and the protocol underlying digital signature. The sender’s use of his by investing substantially all of its bitcoin was subsequently released in or her digital signature enables assets in bitcoin traded on various 2009 as open source software. participants on the Bitcoin Network to domestic and international bitcoin verify the authenticity of the bitcoin Bitcoin Ownership and the Blockchain exchanges and OTC markets depending transaction. A user’s digital signature is generated on liquidity and otherwise at the To begin using bitcoin, a user may via usage of the user’s so-called ‘‘private Sponsor’s discretion. The Trust is not download specialized software referred key’’, one of two numbers in a so-called actively managed. It does not engage in to as a ‘‘bitcoin wallet’’. A user’s bitcoin cryptographic ‘‘key pair’’. A key pair any activities designed to obtain a profit wallet can run on a computer or consists of a ‘‘public key’’ and its from, or to ameliorate losses caused by, smartphone. A bitcoin wallet can be corresponding private key, both of changes in the price of bitcoin. used both to send and to receive bitcoin. Within a bitcoin wallet, a user will be which are lengthy numerical codes, Investment in Bitcoin able to generate one or more ‘‘bitcoin derived together and possessing a Subject to certain requirements and addresses’’, which are similar in unique relationship. conditions described below and in the concept to bank account numbers, and Public keys are used to create bitcoin Registration Statement, the Trust, under each address is unique. Upon generating addresses. Private keys are used to sign normal market conditions,17 will use a bitcoin address, a user can begin to transactions that initiate the transfer of transact in bitcoin by receiving bitcoin bitcoin from a sender’s bitcoin address 15 15 U.S.C. 80a–1. at his or her bitcoin address and sending to a recipient’s bitcoin address. Only the 16 17 U.S.C. 1. it from his or her address to another holder of the private key associated with 17 The term ‘‘under normal circumstances’’ user’s address. Sending bitcoin from one a particular bitcoin address can digitally includes, but is not limited to, the absence of bitcoin address to another is similar in sign a transaction proposing a transfer of extreme volatility or trading halts in the price of bitcoin from that particular bitcoin bitcoin or the financial markets generally; operational issues causing dissemination of made disaster, act of God, armed conflict, act of address. inaccurate market information; or force majeure terrorism, riot or labor disruption or any similar A user’s bitcoin address (which is type events such as systems failure, natural or man- intervening circumstance. derived from a public key) may be safely

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distributed, but a user’s private key miner then transmits a copy of the newly created blocks), highly redundant must remain known solely by its newly-formed block to peers on the storage (copies of the blockchain are rightful owner. The utilization of a Bitcoin Network, all of which then distributed throughout the Internet) and private key is the only mechanism by update their respective copies of the tamper-resistant data secured by secure which a bitcoin user can create a digital blockchain by appending the new block, digital signatures. signature to transfer bitcoin from him or thereby acknowledging the confirmation According to the Registration herself to another user. Additionally, if of the transactions that had previously Statement, blockchain-focused a malicious third party learns of a user’s existed in an unconfirmed state. applications in usage and under private key, that third party could forge A recipient of bitcoin must wait until development include, but are not the user’s digital signature and send the a new block is formed in order to see the limited to asset title transfer, secure user’s bitcoin to any arbitrary bitcoin transaction convert from an timestamping, counterfeit and fraud address (i.e., the third party could steal unconfirmed state to a confirmed state. detection systems, secure document and the user’s bitcoin). According to the Registration Statement, contract signing, distributed cloud When a bitcoin holder sends bitcoin with new rounds won approximately storage and identity management. to a destination bitcoin address, the every ten minutes, the average wait time Although value transfer is not the transaction is initially considered for a confirmation is five minutes. primary purpose for blockchain-focused unconfirmed. Confirmation of the The protocol underlying bitcoin applications, the usage of bitcoin, the validity of the transaction involves provides the rules by which all users asset, is inherently involved in verifying the signature of the sender, as and miners on the Bitcoin Network blockchain-focused applications, thus created by the sender’s private key. must operate. A user or miner linking the growth and adoption of Confirmation also involves verifying attempting to operate under a different bitcoin to the growth and adoption of that the sender has not ‘‘double spent’’ set of rules will be ignored by other blockchain-focused applications. the bitcoin (e.g., confirming Party A has network participants, thus rendering According to the Registration not attempted to send the same bitcoin that user’s or miner’s behavior moot. Statement, as a value transfer both to Party B and to Party C). The The protocol also lays out the block mechanism, over 100,000 merchants confirmation process occurs via a reward, the amount of bitcoin that a worldwide currently accept bitcoin as process known as ‘‘bitcoin mining’’. miner earns upon creating a new block. payment for goods and services. Notable Bitcoin mining utilizes a combination The initial block reward when Bitcoin merchants accepting bitcoin for certain of computer hardware and software to was introduced in 2009 was 50 bitcoin types of purchases include Microsoft, accomplish a dual purpose: (i) To verify per block. That number has and will Dell, Expedia, Overstock.com and Dish the authenticity and validity of bitcoin continue to halve approximately every Network. Common bitcoin purchases transactions (i.e., the movement of four years until approximately 2140, include Web site hosting, home bitcoin between addresses) and (ii) the when it is estimated that block rewards furnishings, gift cards and consumer creation of new bitcoin. Neither the will go to zero. The most recent halving electronics. Bitcoin is also accepted by Sponsor nor the Trust intends to engage occurred on July 9, 2016, which reduced a number of non-profit organizations in bitcoin mining. the block reward from 25 to 12.5 worldwide, including United Way Bitcoin miners do not need bitcoin. The next halving is projected Worldwide, the American Red Cross, permission to participate in verifying for June 2020, which will reduce the Wikipedia and Fidelity Charitable.19 transactions. Rather, miners compete to block reward to 6.25 bitcoin from its Bitcoin Exchanges solve a prescribed and complicated current level of 12.5. The halving mathematical calculation using thereafter will occur in another four Bitcoin exchanges operate Web sites computers dedicated to the task. Rounds years and will reduce the block reward that facilitate the purchase and sale of of the competition repeat approximately to 3.125 bitcoin, and so on. As of bitcoin for various government-issued every ten minutes. In any particular January 2017, there are approximately currencies, including the U.S. dollar, round of the competition, the first miner 16.12 million bitcoin that have been the euro or the Chinese yuan. Activity to find the solution to the mathematical created, a number that will grow with on bitcoin exchanges should not be calculation is the miner who gains the certainty to a maximum of 21 million, confused with the process of users privilege of announcing the next block estimated to occur by the year 2140. sending bitcoin from one bitcoin to be added to the blockchain. Bitcoin mining should not be confused address to another bitcoin address, the A new block that is added to the with buying and selling bitcoin, which, latter being an activity that is wholly blockchain serves to take all of the as discussed below, is a separate within the confines of the Bitcoin recent-yet-unconfirmed transactions and process. Network and the former being an verify that none are fraudulent. The activity that occurs entirely on private recent-yet-unconfirmed transactions Use of Bitcoin and the Blockchain Web sites. also generally contain transaction fees Beyond using bitcoin as a value Bitcoin exchanges operate in a that are awarded to the miner who transfer mechanism, applications manner that is unlike the traditional produces the block in which the related to the blockchain technology capital markets infrastructure in the transactions are inserted, and thereby underlying bitcoin have become U.S. and in other developed nations. confirmed. The successful miner also increasingly prominent.18 Blockchain- Bitcoin exchanges combine the process earns the so-called ‘‘block reward’’, an focused applications take advantage of of order matching, trade clearing, trade amount of newly created bitcoin. Thus, certain unique characteristics of the settlement and custody into a single bitcoin miners are financially blockchain such as secure time entity. For example, a user can send incentivized to conduct their work. The stamping (secure time stamps are on U.S. dollars via wire to a bitcoin financial incentives received by bitcoin miners are a vital part of the process by 18 Additional applications based on blockchain 19 Attached as Exhibit 3, Item 1 is a chart setting which the Bitcoin Network functions. technology—both the blockchain underlying bitcoin forth a summary of bitcoin transaction volume (i.e., as well as separate public blockchains incorporating transfers of bitcoin between parties on the Bitcoin Upon successfully winning a round of similar characteristics of the blockchain underlying Network, which is different than and should not be the competition (winning a round is bitcoin—are currently in development by numerous confused with bitcoin exchange-traded volume) referred to as mining a new block), the entities, including financial institutions like banks. from January 2009 through January 2017.

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exchange and then visit the exchange’s respective Web sites and through users are required to provide the Web site to purchase bitcoin. The application programming interfaces. As exchange with KYC verifiable entirety of the transaction—from trade a result, the prices on bitcoin exchanges identification and other such to clearing to settlement to custody (at are the most accurate expression of the documentation. Once a user establishes least temporary custody)—is value of bitcoin. The XBX, which the an account with the exchange, the user accomplished by the bitcoin exchange Trust will use to calculate the net asset deposits government currency with the in a matter of seconds. The user can value of the Shares, accordingly tracks exchange by completing a wire of then withdraw the purchased bitcoin the price of bitcoin across multiple government currency to the exchange’s into a wallet to take custody of the exchanges (see ‘‘bitcoin Price Indexes’’ bank. bitcoin directly. below). Bitcoin are traded with publicly According to the Registration The bitcoin marketplace is a 24-hour, disclosed valuations for each Statement, there are currently several 365-day per year market. There transaction, measured by one or more U.S.-based regulated entities that currently exist globally over 30 bitcoin government currencies such as the U.S. facilitate bitcoin trading and that exchanges. The Sponsor represents that dollar, the euro or the Chinese yuan. comply with U.S. anti-money the exchanges with the most significant Bitcoin exchanges typically report laundering (‘‘AML’’) and know your bitcoin trading by volume (i.e., publicly on their site the valuation of customer (‘‘KYC’’) regulatory Bitfinex,20 Bitstamp,21 BTCC,22 BTC-e,23 each transaction and bid and ask prices requirements: GDAX (f/k/a Coinbase), Huobi,24 itBit, • for the purchase or sale of bitcoin. GDAX (f/k/a Coinbase), which is Kraken,25 LakeBTC,26 OKCoin Exchange Although each bitcoin exchange has its based in California, is a bitcoin China 27 and OKCoin International 28) own market price, it is expected that exchange that maintains money traded approximately 1.34 billion most bitcoin exchanges’ market prices transmitter licenses in over thirty states, bitcoin at U.S. dollar converted prices should be relatively consistent with the the District of Columbia and Puerto Rico ranging between $199 and $1,203 for a bitcoin exchange market average since (‘‘GDAX’’). GDAX is subject to the total trade volume of over $784 billion market participants can choose the regulations enforced by the various state during the period February 2014 bitcoin exchange on which to buy or sell agencies that issued their respective through January 2017. The Sponsor bitcoin (i.e., exchange shopping). money transmitter licenses to GDAX. In represents that average global daily According to the Registration Statement, New York, GDAX applied for a trade volume during this period was price differentials across bitcoin BitLicense, a regulatory framework approximately $693 million. exchanges enable arbitrage between created by the New York Department of The various bitcoin exchanges are bitcoin prices on the various exchanges. Financial Services (‘‘DFS’’) that sets generally available to the public through forth consumer protection, AML online web portals. Trading Bitcoin Price Indexes compliance, and cyber security rules information, including pricing, XBX Index. Launched in July 2014, tailored for digital currency companies volumes, and order book is available on the XBX represents the value of one operating and transacting business in the exchanges’ Web sites, and most such bitcoin in U.S. dollars at any point in New York. The DFS granted a information is publicly available to time and closes as of 4:00 p.m. Eastern BitLicense to GDAX in January 2017. • anyone who visits the site. According to time (‘‘E.T.’’) each weekday. The intra- itBit is a bitcoin exchange that was the Sponsor, for those exchanges that granted a limited purpose trust day levels of the XBX incorporate the comply with applicable KYC real-time price of bitcoin based on company charter by the DFS in May requirements, prior to trading bitcoin, 2015 (‘‘itBit’’). Limited purpose trusts, trading activity derived from constituent according to the DFS, are permitted to exchanges throughout each trading day. 20 Bitfinex is a bitcoin exchange that facilitates The closing level of the XBX is undertake certain activities, such as U.S. dollar-denominated bitcoin trading transfer agency, securities clearance, (‘‘Bitfinex’’). It is based in Hong Kong and holds a calculated using a proprietary investment management, and custodial Money Services Operator license issued by the methodology utilizing bitcoin trading services, but without the power to take Customs and Excise Department, Money Services data from constituent exchanges and is Supervision Bureau. published at or after 4:00 p.m. E.T. each deposits or make loans. 21 Bitstamp is a bitcoin exchange that facilitates weekday. The XBX is published to two • Gemini is a bitcoin exchange that is U.S. dollar-denominated bitcoin trading also regulated by the DFS. In October (‘‘Bitstamp’’). It is based in the United Kingdom decimal places rounded on the last 2015, the DFS granted Gemini with offices in London, Luxembourg and New York. digit. The government of Luxembourg granted Bitstamp a Schvey, Inc. d/b/a TradeBlock authorization to operate as a limited license to operate as a regulated bitcoin exchange purpose trust company (‘‘Gemini’’). in the European Union. (‘‘TradeBlock’’) is the index sponsor and • SecondMarket, Inc. d/b/a Genesis 22 BTCC is a bitcoin exchange that is calculation agent for the XBX. The Global Trading is a FINRA member firm headquartered in Shanghai and facilitates yuan- Sponsor has entered into a licensing that makes a market in bitcoin by denominated bitcoin trading (‘‘BTCC’’). agreement with TradeBlock to use the 23 offering two-sided liquidity (‘‘Genesis BTC-e is a U.S. dollar-denominated bitcoin XBX. The Trust is entitled to use the exchange (‘‘BTC-e’’). XBX pursuant to a sub-licensing Global Trading’’). 24 Huobi is a bitcoin exchange that is based in According to the Registration Beijing and facilitates yuan-denominated bitcoin arrangement with the Sponsor. Statement, the majority of bitcoin trading. The XBX is a real-time U.S. dollar- transactions are executed on public 25 Kraken is located in San Francisco (‘‘Kraken’’). denominated composite reference rate bitcoin exchanges where bitcoin are Although Kraken conducts U.S. dollar bitcoin for the price of bitcoin. The XBX trading, it is primarily a euro-denominated bitcoin bought and sold daily for value in U.S. exchange. calculates the intra-day price of bitcoin dollar, euro and other government 26 LakeBTC is a U.S. dollar-denominated bitcoin every second, including the closing currencies. These bitcoin exchanges exchange located in Shanghai, China. price as of 4:00 p.m. E.T. The intra-day provide the most data with respect to 27 OKCoin Exchange China is located in Beijing price and closing price are based on a prevailing valuations of bitcoin. The and facilitates Chinese yuan-denominated bitcoin methodology that consists of collecting trading (‘‘OKCoin Exchange China’’). exchanges typically publish real-time 28 OKCoin International is located in Singapore and cleansing actual trade data from trade data including last price, bid and and facilitates U.S. dollar-denominated bitcoin several bitcoin exchanges included ask spread, and trade volume on their trading (‘‘OKCoin International’’). within the XBX.

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According to the Registration Securities Commissions for financial balance, in government currency, which Statement, to ensure that TradeBlock’s benchmarks. TradeBlock conducts a the seller could then receive by exchange selection process is impartial, quarterly review of the constituent directing the exchange to send the funds TradeBlock implements a standardized exchanges and the algorithm used to via traditional payment methods to the eligibility criteria framework based on calculate XBX prices and maintains a seller’s bank account. Bitcoin exchange periodically-reviewed governance history of all updates. In the event of Web sites generally show users a central principles that includes elements such market stress or unresponsive input data limit order book (i.e., a list of all bids as depth of liquidity, compliance with from the constituent exchanges, the and offers for purchases and sales of applicable legal and regulatory XBX algorithm will incorporate a bitcoin on the exchange). requirements, data availability and minimum of one input to calculate a The Sponsor has trading experience acceptance of U.S. dollar deposits. As of benchmark value. In the unlikely event with several U.S. and foreign bitcoin January 15, 2017, the eligible bitcoin of no input data from all constituent exchanges that generally represent the exchanges selected by TradeBlock for values, the XBX will default to the most highest daily U.S. dollar bitcoin trading inclusion in the XBX are Bitfinex, recent value for which one or more volume. Bitstamp, GDAX (f/k/a Coinbase), itBit inputs were present. The Sponsor may conduct some of its and OKCoin International. The XBX The Sponsor is not aware of any bitcoin trading on behalf of the Trust currently does not include any other bitcoin derivatives currently trading through a wholly-owned subsidiary, bitcoin exchanges, derivative exchanges, based on the XBX. SolidX Management Ltd., an exempted dark pools, OTC or other trading CoinDesk Bitcoin Price Index. limited company established in the venues. CoinDesk, a digital currency content Cayman Islands (‘‘Subsidiary’’), to buy The logic utilized for the derivation of provider (‘‘Coindesk’’), launched a and sell bitcoin on behalf of the Trust the daily closing index level for the XBX proprietary bitcoin price index, the on certain bitcoin exchanges which are is intended to analyze actual bitcoin CoinDesk Bitcoin Price Index (‘‘XBP’’) only open to non-U.S. persons or which transactional data, verify and refine the in September 2013. The XBP takes the do not conduct business in New York or data set and yield an objective, fair- average of U.S. dollar bitcoin prices with New York residents. The officers of market value of one bitcoin as of 4:00 from leading exchanges. the Sponsor also serve as officers of the p.m. E.T. each weekday, priced in U.S. NYXBT Index. Launched in May Subsidiary. When conducting trading dollars. As discussed herein, the XBX 2015, the NYSE Bitcoin Index through the Subsidiary, the Sponsor is intra-day price and the XBX closing (‘‘NYXBT’’) represents the value of one responsible for the security of the price are collectively referred to as the bitcoin in U.S. dollars at any point in bitcoin to the same extent as if trading XBX price, unless otherwise noted. time and closes as of 4:00 p.m. E.T. each bitcoin directly. Bitcoin traded through The key elements of the algorithm weekday. the Subsidiary will be stored in the underlying the XBX include: Bitcoin Trading on Exchanges same way as bitcoin that is traded • Volume/Liquidity Weighting: directly by the Sponsor, and the Trust’s Exchanges with greater liquidity receive According to the Registration bitcoin insurance on bitcoin traded Statement, an individual who wishes to a higher weighting in the XBX, through the Subsidiary will apply to the purchase bitcoin on a bitcoin exchange increasing the ability to execute against same extent as otherwise applicable. would create an account on the the XBX in the underlying spot markets. Furthermore, the Subsidiary will have exchange Web site. After creating an Liquidity weighting also mitigates the the same trading arrangements with the account, the buyer would send impact of volume spikes during off-peak applicable bitcoin exchanges as does the government issued money to the Web trading hours. Sponsor itself. Accordingly, references • site via traditional payment methods Price Variance Weighting: The XBX herein to the Sponsor’s trading such as ACH and wire transfer. The price reflects data points that are arrangements with bitcoin exchanges on buyer’s account at the bitcoin exchange discretely weighted in proportion to behalf of the Trust include trading would be credited with the money sent, their variance from contemporaneous conducted by the Sponsor through the and the buyer would then be able to pricing reflected on the XBX’s Subsidiary, unless otherwise noted. constituent exchanges. As the price at a visit the Web site and make a purchase The Sponsor intends to conduct its particular exchange diverges from the of bitcoin. Directly after the purchase is bitcoin exchange trading on the rest of the data points, its influence on made, the bitcoin acquired still remains following U.S. dollar-denominated the XBX consequently decreases. in the custody of the bitcoin exchange bitcoin exchanges: Bitfinex, Bitstamp, • Inactivity Adjustment: The (i.e., it remains at a bitcoin address GDAX (f/k/a Coinbase), Gemini, itBit, controlled by the exchange). To take algorithm penalizes stale ticks on any Kraken and OKCoin International.29 The custody of the bitcoin, the purchaser given exchange. If an exchange does not Sponsor represents that all of these would direct the exchange Web site to have recent trading data, its weighting is exchanges follow AML and KYC transfer the bitcoin to a bitcoin address gradually reduced, until it is de- regulatory requirements. Because controlled by the purchaser, thereby weighted entirely. Similarly, once Bitfinex and Kraken do not conduct completing the process of acquiring activity resumes, the corresponding business in New York or with New York bitcoin. A sale of bitcoin using a bitcoin weighting for that constituent is residents, and OKCoin International is exchange involves the same process but gradually increased until it reaches the only open to non-U.S. persons, the in reverse. The seller would transfer appropriate level. Sponsor intends to conduct its bitcoin • bitcoin from an address under his or her Thin Order Books: The XBX trading on these three exchanges control to an address under the bitcoin minimizes the impact of thin order through the Subsidiary. As discussed exchange’s control. The seller’s account books and fluctuating prices, which above, the Sponsor does not expect the at the bitcoin exchange would be provides a more stable and reliable Trust to experience any differences credited with the bitcoin sent, and the benchmark for the price of bitcoin. between bitcoin exchange trades on the The XBX index calculation seller would be able to commence the methodology and governance protocol sale of the bitcoin via the Web site. 29 The Sponsor intends to trade with OKCoin are based on principles established by Upon completion of the sale, the seller’s International, the Singaporean entity, and not with the International Organization of account would reflect the seller’s the yuan-denominated OKCoin Exchange China.

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Trust’s behalf conducted through the bitcoin from an exchange that has GDAX (f/k/a Coinbase), itBit and Subsidiary versus those conducted by entered into a DVP/RVP arrangement OKCoin International. the Sponsor directly. with the Sponsor without having to The Sponsor represents that because According to the Registration deposit U.S. dollars with the exchange bitcoin trades on more than 30 Statement, during the preceding twelve- prior to trade execution. Once the exchanges globally on a 24-hour basis, month period (January 2016 through Sponsor receives the bitcoin it it is difficult for attempted market January 2017), the aggregate trading purchased, the Sponsor will within 24 manipulation on any one exchange to volume on the five constituent hours wire U.S. dollars to the exchange affect the global market price of bitcoin. exchanges comprising the XBX (i.e., to settle the trade. When selling bitcoin Any such attempt to manipulate the Bitfinex, Bitstamp, GDAX (f/k/a on behalf of the Trust, an exchange that price would result in an arbitrage Coinbase), itBit and OKCoin has entered into a DVP/RVP opportunity among exchanges, which International) represented arrangement with the Sponsor will typically would be acted upon by approximately 77% of the entire global permit the Sponsor to sell bitcoin on the market participants. U.S. dollar-denominated bitcoin exchange without the need to deposit In addition to the price transparency exchange market.30According to the bitcoin with the exchange beforehand. of the bitcoin exchange market itself, the Registration Statement, during the The Sponsor will transmit bitcoin to the Trust will provide information period January 16, 2016 through January exchange only after the exchange has regarding the Trust’s bitcoin holdings as 15, 2017 (including weekends and wired the U.S. dollar sales proceeds to well as additional data regarding the holidays), average daily bitcoin trading the Sponsor. These DVP and RVP Trust. The Sponsor expects that the on Bitfinex, Bitstamp, GDAX (f/k/a settlement terms reduce exchange dissemination of information on the Coinbase), Gemini, itBit and OKCoin counterparty risks for the Trust. Trust’s Web site, along with quotations International totaled approximately for and last-sale prices of transactions in 44,000 bitcoin across all of those Bitcoin Price Transparency the Shares and the intra-day indicative exchanges at prices that ranged between According to the Registration value (‘‘IIV’’) and net asset value $371 and $1,161. Of that trading, Statement, bitcoin trading currently (‘‘NAV’’) of the Trust will help to reduce Bitfinex accounted for 39%, Bitstamp occurs globally 24-hours per day, 365 the ability of market participants to manipulate the bitcoin market or the accounted for 13%, GDAX (f/k/a days per year across over 30 bitcoin price of the Shares and that the Trust’s Coinbase) accounted for 14%, Gemini exchanges. Individual bitcoin exchanges arbitrage mechanism will facilitate the accounted for 4%, itBit accounted for continually publish publicly available correction of price discrepancies in 9%, Kraken accounted for 3% and price and volume data that is utilized by bitcoin and the Shares. The Sponsor OKCoin International accounted for service providers to create various believes that demand from new 17%. With a Basket (as defined below) bitcoin indexes. Bitcoin prices are also investors accessing bitcoin through size of 1,000 bitcoin, the creation or available via major market data vendors investment in the Shares will broaden redemption of one Basket would such as Bloomberg and Thomson represent approximately 3.5% of the the investor base in bitcoin, which Reuters. Real-time and historical price aggregate daily U.S. dollar-denominated could further reduce the possibility of data is available through numerous bitcoin trading volume across these collusion among market participants to public web platforms including: https:// exchanges and approximately 1.5% of manipulate the bitcoin market. tradeblock.com/; http:// the aggregate daily (i) U.S. dollar- According to the Sponsor, the XBX’s www.coindesk.com/; https:// denominated bitcoin trading volume on price variance weighting, which bitcoinaverage.com; and others. these exchanges plus (ii) global U.S. decreases the influence on the XBX of dollar-denominated OTC bitcoin trading According to the Registration any particular exchange that diverges volume. Statement, through January 2017, the from the rest of the data points used by The Sponsor has established, on trading volume on BTCC, Huobi and the XBX, reduces the possibility of an behalf of the Trust, DVP and RVP OKCoin Exchange China was attempt to manipulate the price of trading arrangements with several of the significant. In January 2017, these bitcoin as reflected by the XBX. U.S. dollar-denominated bitcoin exchanges reduced leveraged trading exchanges pursuant to which the Trust and imposed various trading fees, which Bitcoin Trading Over-the-Counter will be able to minimize exchange caused the volumes on the exchanges to OTC trading of bitcoin is generally counterparty risk. These arrangements decline to levels in-line with the trading accomplished via bilateral agreements are on a trade-by-trade basis and do not volumes on U.S. dollar-denominated on a principal-to-principal basis. All bind the Sponsor or the Trust to exchanges. According to the risks and issues of credit are between continue to trade with any exchange. Registration Statement, these exchanges the parties directly involved in the Under these arrangements, the Sponsor, follow various AML and KYC transaction. The OTC market provides a on behalf of the Trust, will receive procedures as such procedures are relatively flexible market in terms of applied within the exchanges’ quotes, price, size and other factors. The 30 In addition to the five constituent exchanges respective jurisdictions. Trading on OTC market has no formal structure and comprising the XBX, the global U.S. dollar- these exchanges is limited to Chinese no open-outcry meeting place. Parties denominated bitcoin exchange market also includes yuan, and the Sponsor therefore does BTC-e, Gemini, LakeBTC and Kraken. The Sponsor engaging in OTC transactions will agree represents that although BTC-e is a U.S. dollar- not intend to transact with these upon a price—often via phone or denominated bitcoin exchange with significant exchanges because the Sponsor intends email—and one of the two parties trading volume, BTC-e does not comply with to transact with U.S. dollar- would then initiate the transaction. For certain of the Sponsor’s internal criteria regarding the exchanges on which the Sponsor will trade and, denominated exchanges only. However, example, a seller of bitcoin could therefore, the Sponsor will not transact with BTC- the Sponsor represents that the price of initiate the transaction by sending the e. The Sponsor represents that it is also aware of bitcoin on BTCC, Huobi and OKCoin bitcoin to the buyer’s bitcoin address. other smaller U.S. dollar-denominated bitcoin Exchange China generally has been The buyer would then wire U.S. dollars exchanges, but the trading volume on these exchanges is insignificant and the Sponsor does not consistent with the price of bitcoin on to the seller’s bank account. intend to conduct business with these smaller U.S. dollar-denominated bitcoin Based on its observations and exchanges. exchanges, including Bitfinex, Bitstamp, experience in the market, the Sponsor

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estimates that the U.S. dollar OTC counterparties to its internal proprietary OTC market, the Sponsor expects the bitcoin trading volume globally database as it becomes aware of Trust to take custody of bitcoin within represents on average approximately additional market participants. The one business day of receiving an order fifty percent of the trading volume of Sponsor will decide whether or not to from an Authorized Participant to create bitcoin traded globally in U.S. dollars trade with OTC counterparties based on a Basket (as defined in ‘‘Creation and on U.S. dollar-denominated bitcoin its ability to fill orders at the best Redemption of Shares’’ below). exchanges. available price amongst OTC market According to the Registration participants and bitcoin exchanges. Historical Chart of the Price of Bitcoin Statement, transaction costs in the OTC Generally, the Sponsor will directly The price of bitcoin is volatile and market are negotiable between the place purchase or sale orders for bitcoin fluctuations are expected to have a parties and therefore vary with some on behalf of the Trust with participants direct impact on the value of the Shares. participants willing to offer competitive in the OTC markets using DVP and RVP However, movements in the price of prices for larger volumes, although this style arrangements. bitcoin in the past are not a reliable will vary according to market While the Sponsor expects that most indicator of future movements. conditions. Cost indicators can be of its bitcoin trading with exchanges Movements may be influenced by obtained from various information and OTC counterparties on behalf of the various factors, including supply and service providers, such as the bitcoin Trust will occur pursuant to DVP and demand, geo-political uncertainties, price indexes and bitcoin exchanges. RVP arrangements, the Sponsor may economic concerns such as inflation OTC trading tends to be in large blocks also enter into collateral arrangements and real or speculative investor of bitcoin and between institutions. with certain bitcoin exchanges and OTC interest.31 In addition to using Bitfinex, counterparties where DVP and RVP Bitstamp, GDAX (f/k/a Coinbase), arrangements are not practicable. Such Additional Bitcoin Trading Products Gemini, itBit, Kraken and OKCoin collateral arrangements require the Certain non-U.S. based bitcoin International to buy and sell bitcoin, the Sponsor, out of its own assets, and the exchanges offer derivative products on Trust intends to participate in the OTC bitcoin exchange or OTC counterparty bitcoin such as options, swaps and bitcoin market when such market to open and maintain collateral deposit futures. opportunities are deemed by the accounts with a bank or similar According to the Registration Sponsor to be advantageous for the financial intermediary for the purpose Statement, BitMex (based in the Trust. The Sponsor currently expects of collateralizing pending bitcoin Republic of Seychelles), CryptoFacilites that often it will be more cost efficient transactions effected by the Sponsor on (based in the United Kingdom), 796 to effect large trades (e.g., $500,000 or behalf of the Trust and the bitcoin Exchange (based in China) and OKCoin greater) on behalf of the Trust in the exchange or OTC counterparty. The Exchange China all offer futures OTC market rather than on a bitcoin Trust would not pledge (or receive) contracts settled in bitcoin. Coinut, exchange. The Sponsor therefore collateral pursuant to these based in Singapore, offers bitcoin binary expects to conduct most of its trading in arrangements and the Sponsor would options and vanilla options based on the the OTC bitcoin market. bear any exchange counterparty risk. Coinut index. Nadex, based in Chicago, When deciding whether to buy and The Sponsor represents that a default of offers bitcoin binary options sell bitcoin in the OTC market, the an exchange or OTC counterparty under denominated in U.S. dollars using the Sponsor will consider various market such arrangement would have no greater TeraBit Bitcoin Price Index.32 IGMarkets factors, including the total U.S. dollar impact on the Trust than a default under (based in the United Kingdom), size of the trade, the volume of bitcoin the DVP and RVP arrangements. Avatrade (based in Ireland) and Plus500 traded across the various U.S. dollar- To the extent a Basket creation or (based in Israel) also offer bitcoin denominated bitcoin exchanges during redemption order necessitates the derivative products. the preceding 24-hour period, available buying or selling of a large block of The Commodity Futures Trading liquidity offered by OTC market bitcoin (e.g., an amount that if an order Commission (‘‘CFTC’’) has approved participants and the bid and ask quotes were placed on an exchange would TeraExchange, LLC as a swap execution offered by OTC market participants. potentially move the price of bitcoin), facility (‘‘TeraExchange’’) and LedgerX When deciding whether to buy and sell the Sponsor represents that placing such provisionally as a swap execution bitcoin on exchange versus in the OTC a trade in the OTC market may be facility, where bitcoin swap and non- market, the Sponsor’s goal is to fill an advantageous to the Trust. OTC trades deliverable forward contracts may be order at the best possible price. The help avoid factors such as potential entered into. Sponsor’s experience is that the prices price slippage (causing the price of at which trades in the OTC market are bitcoin to move as the order is filled on executed closely correspond to the XBX. 31 Attached as Exhibit 3, Item 2 is a chart the exchange), while offering speed in illustrating the changes in the price of bitcoin The Sponsor expects the price at which trade execution and settlement (an OTC during the period July 2010 through January 15, it will trade bitcoin in the OTC market trade can be executed immediately upon 2017. Attached as Exhibit 3, Item 3 is a chart will generally track the XBX, and, agreement of terms between comparing the trailing calendar month volatility in therefore, should not affect the Trust’s the price of bitcoin compared to the trailing counterparties) and privacy (to avoid calendar month volatility in the prices of gold, ability to track the XBX. The Sponsor other market participants entering platinum, oil, natural gas, coffee, sugar, aluminum also maintains an internal proprietary trades in advance of a large block order). and copper during the period January 14, 2015 database, which it does not share with OTC bitcoin trading is typically through January 13, 2017 (excluding holidays and anyone, of potential OTC bitcoin trading private and not regularly reported. For weekends). Attached as Exhibit 3, Item 4 is a chart comparing the trailing calendar month volatility in counterparties, including hedge funds, example, Genesis Global Trading and the price of bitcoin compared to the trailing family offices, private wealth managers itBit release periodic reports that calendar month volatility in the prices of gold, and high-net-worth individuals. All discuss their respective OTC trading platinum, oil, natural gas, coffee, sugar, aluminum such potential counterparties will be volumes. The Trust does not intend to and copper during the period October 14, 2016 through January 13, 2017 (excluding holidays and subject to the Sponsor’s AML and KYC report its OTC trading. weekends). compliance procedures. The Sponsor Regardless of whether the Sponsor 32 The TeraBit Bitcoin Price Index is disseminated will add additional potential buys bitcoin on an exchange or in the by TeraExchange.

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The CFTC commissioners have gapped’’ computer with no ability to Administrator will value the Trust’s expressed publicly that derivatives access the Internet. Such a computer is bitcoin using the cascading set of rules based on bitcoin are subject to isolated from any network, including set forth in (ii) through (iv) below. For regulation by the CFTC, including local or Internet connections. A multi- the avoidance of doubt, the oversight to prevent market signature address is an address Administrator will employ the below manipulation of the price of bitcoin. In associated with more than one private rules sequentially and in the order as addition, the CFTC has stated that key. For example, a ‘‘2 of 3’’ address presented, should the Sponsor bitcoin and other virtual currencies are requires two signatures (out of three) determine that one or more specific encompassed in the definition of from two separate private keys (out of rule(s) fails. The Sponsor may commodities under the CEA.33 three) to move bitcoin from a sender determine that a rule has failed if a In May 2015, the Swedish FSA address to a receiver address. pricing source is unavailable or, in the approved the prospectus for ‘‘Bitcoin The Sponsor will utilize bitcoin judgment of the Sponsor, is deemed Tracker One’’, an open-ended exchange- private keys that are generated and unreliable. To the extent the traded note that tracks the price of stored on air-gapped computers. The Administrator uses any of the cascading bitcoin in U.S. dollars. The Bitcoin movement of bitcoin will require set of rules, the Sponsor will make Tracker One initially traded in Swedish physical access to the air-gapped public on the Trust’s Web site the rule krona on the Nasdaq Nordic in computers and use of multiple being used. Stockholm, but is now also available to authorized signers. For backup and (i) bitcoin Market Price = The price trade in euro. The Bitcoin Tracker One disaster recovery purposes, the Sponsor set by the XBX as of 4:00 p.m. E.T. on is available to retail investors in the will maintain cold storage wallet the valuation date. The XBX is a real- European Union and to those investors backups in locations geographically time U.S. dollar-denominated composite in the U.S. who maintain brokerage distributed throughout the United reference rate for the price of bitcoin. accounts with Interactive Brokers. States, including in the Northeast and The XBX calculates the intra-day price Founded in 2013, Bitcoin Investment Midwest. of bitcoin every second, including the Trust, a private, open-ended trust In addition to the Sponsor’s security closing price as of 4:00 p.m. E.T. The available to accredited investors, is system, the Sponsor has arranged for the intra-day price and closing price are another investment vehicle that derives Trust to maintain comprehensive based on a methodology that consists of its value from the price of bitcoin. insurance coverage underwritten by collecting and cleansing actual trade Eligible shares of the Bitcoin Investment various insurance carriers. The purpose data from several bitcoin exchanges Trust are quoted on the OTCQX of the insurance is to protect investors included within the index. TradeBlock marketplace under the symbol ‘‘GBTC’’. against loss or theft of the Trust’s uses standardized eligibility criteria In May 2016, the Gibraltar Financial bitcoin. The insurance will cover loss of based on periodically-reviewed Services Commission approved the bitcoin by, among other things, theft, governance principles to select trading BitcoinETI, which in July 2016 was destruction, bitcoin in transit, computer venues for inclusion in the XBX. As of listed on the Gibraltar Stock Exchange fraud and other loss of the private keys January 15, 2017, the eligible bitcoin and on Deutsche Bo¨rse Frankfurt in that are necessary to access the bitcoin exchanges selected by TradeBlock for August 2016. The BitcoinETI is a held by the Trust. The coverage is inclusion in the XBX are Bitfinex, bitcoin-backed exchange-traded subject to certain terms, conditions and Bitstamp, GDAX (f/k/a Coinbase), itBit instrument that is euro denominated. exclusions, as discussed in the and OKCoin International. The logic Bitcoin Security and Storage for the Registration Statement. The insurance utilized for the derivation of the daily Trust policy will carry initial limits of $25 closing index level for the XBX is million in primary coverage and $100 intended to analyze actual bitcoin According to the Sponsor, given the million in excess coverage, with the transactional data, verify and refine the novelty and unique digital ability to increase coverage depending data set, and yield an objective, fair- characteristics (as set forth above) of on the value of the bitcoin held by the market value of one bitcoin as of 4:00 bitcoin as an innovative asset class, Trust. p.m. E.T. each weekday, priced in U.S. traditional custodians who normally The Sponsor expects that the Trust’s dollars. custody assets do not currently offer auditor will verify the existence of (ii) bitcoin Market Price = The price custodial services for bitcoin. bitcoin held in custody by the Sponsor set by the XBP as of 4:00 p.m. E.T. on Accordingly, the Sponsor, as bitcoin on behalf of the Trust. In addition, the the valuation date. The XBP is a U.S. Custodian, will secure the bitcoin held Trust’s insurance carriers will have dollar-denominated composite reference by the Trust using multi-signature ‘‘cold inspection rights associated with the rate for the price of bitcoin based on the storage wallets’’, an industry best bitcoin held in custody by the Sponsor simple average of bitcoin exchanges practice. A cold storage wallet is created on behalf of the Trust. selected by CoinDesk. CoinDesk uses its and stored on a computer with no discretion to select bitcoin exchanges access to a network, i.e., an ‘‘air- Bitcoin Market Price that will be included in the XBP based In the ordinary course of business, the on guidelines, including depth of 33 See ‘‘In the Matter of Coinflip, Inc.’’ (CFTC Administrator will value the bitcoin liquidity, minimum trade size, data Docket 15–29 (September 17, 2015)) (order instituting proceedings pursuant to Sections 6(c) held by the Trust based on the price set availability, maximum deposit and and 6(d) of the CEA, making findings and imposing by the XBX or one of the other pricing withdrawal time and acceptance of U.S. remedial sanctions), in which the CFTC stated the sources set forth below (each, a ‘‘bitcoin dollar deposits. As of January 15, 2017, following: Market Price’’) as of 4:00 p.m. E.T., on the eligible bitcoin exchanges selected ‘‘Section 1a(9) of the CEA defines ‘commodity’ to the valuation date on any day that the include, among other things, ‘all services, rights, by CoinDesk for inclusion in the XBP and interests in which contracts for future delivery NYSE Arca is open for regular trading. are Bitstamp, GDAX (f/k/a Coinbase), are presently or in the future dealt in.’ 7 U.S.C. For further detail, see (i) below. If for itBit and OKCoin International. 1a(9). The definition of a ‘commodity’ is broad. See, any reason, and as determined by the (iii) bitcoin Market Price = The e.g., Board of Trade of City of Chicago v. SEC, 677 F. 2d 1137, 1142 (7th Cir. 1982). Bitcoin and other Sponsor, the Administrator is unable to volume-weighted average bitcoin price virtual currencies are encompassed in the definition value the Trust’s bitcoin using the for the immediately preceding 24-hour and properly defined as commodities.’’ procedures described in (i), the period at 4:00 p.m. E.T. on the valuation

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date as published by an alternative third Transfer Agent’s and Order Examiner’s While the Trust’s investment party’s public data feed that the Sponsor monthly fee and out-of-pocket expenses objective is to seek to provide determines is reasonably reliable, and expenses reimbursable in shareholders with exposure to the daily subject to the requirement that such connection with such service provider’s change in the U.S. dollar price of data is calculated based upon a volume- respective agreement; bitcoin storage bitcoin, before expenses and liabilities weighted average bitcoin price obtained fees in its capacity as bitcoin Custodian; of the Trust, as measured by the XBX, from the major U.S. dollar-denominated marketing support fees and expenses; the Shares may trade in the secondary bitcoin exchanges (‘‘Second Source’’). exchange listing fees; SEC registration market at prices that are lower or higher Subject to the next sentence, if the fees; index license fees; printing and relative to their NAV per Share. Second Source becomes unavailable mailing costs; maintenance expenses for The NAV per Share may fluctuate (e.g., data sources from the Second the Trust’s Web site; audit fees and with changes in the market value of the Source for bitcoin prices become expenses; and up to $100,000 per bitcoin held by the Trust. The value of unavailable, unwieldy or otherwise annum in legal expenses. The Trust will the Shares may be influenced by non- impractical for use), or if the Sponsor be responsible for paying, or for concurrent trading hours between NYSE determines in good faith that the Second reimbursing the Sponsor or its affiliates Arca and the various bitcoin exchanges Source does not reflect an accurate for paying, all the extraordinary fees and comprising the XBX, all of which bitcoin price, then the Sponsor will, on expenses, if any, of the Trust. The constituent bitcoin exchanges operate a best efforts basis, contact the Second management fee to be paid to the 24 hours per day, 365 days per year. As Source in an attempt to obtain the Sponsor and the bitcoin Insurance Fee a result, there will be periods when the relevant data. If after such contact the are expected to be the only ordinary NYSE Arca is closed and such bitcoin Second Source remains unavailable or recurring operating expense of the exchanges continue to trade. Significant the Sponsor continues to believe in Trust. changes in the price of bitcoin on such good faith that the Second Source does exchanges could result in a difference in Net Asset Value not reflect an accurate bitcoin price, performance between the value of then the Administrator will employ the The NAV for the Trust will equal the bitcoin as measured by the XBX and the next rule to determine the bitcoin market value of the Trust’s total assets, most recent NAV per Share or closing Market Price. including bitcoin and cash, less trading price. The non-concurrent (iv) bitcoin Market Price = The liabilities of the Trust, which include trading hours also may result in trading Sponsor will use its best judgment to estimated accrued but unpaid fees, spreads and the resulting premium or determine a good faith estimate of the expenses and other liabilities. Under the discount on the Shares widening, bitcoin Market Price. Trust’s proposed operational increasing the difference between the procedures, the Administrator will price of the Shares and the NAV of such The Trust calculate the NAV on each business day Shares. According to the Registration that the NYSE Arca is open for regular The price difference may also be due Statement, the Trust will invest in trading, as promptly as practicable after to the fact that supply and demand bitcoin only. The Trust will cause the 4:00 p.m. E.T. To calculate the NAV, the forces at work in the secondary trading Sponsor to either (i) receive bitcoin from Administrator will use the price set for market for Shares are closely related, the Trust in such quantity as may be bitcoin by the XBX or one of the other but not identical, to the same forces necessary to pay the Sponsor’s bitcoin Market Prices set forth above. influencing the XBX spot price. management fee and other Trust The Administrator will also determine Consequently, an Authorized expenses and liabilities not assumed by the NAV per Share by dividing the NAV Participant may be able to create or the Sponsor or (ii) sell bitcoin in such of the Trust by the number of the Shares redeem a Basket of Shares at a discount quantity as may be necessary to permit outstanding as of the close of trading on or a premium to the public trading price payment in cash of the Sponsor’s the NYSE Arca Core Trading Session, per Share. management fee and other Trust i.e., 9:30 a.m. to 4:00 p.m. E.T. (which Bitcoin Trading Activities of the expenses and liabilities not assumed by includes the net number of any Shares Sponsor With Authorized Participants the Sponsor, such as the bitcoin deemed created or redeemed on such and Market Makers Insurance Fee. As a result, the amount day). of bitcoin sold will vary from time to According to the Registration The Sponsor represents that bitcoin is time depending on the level of the Statement, Authorized Participants (as a bearer asset, so unlike most financial Trust’s expenses and the market price of defined in ‘‘Creation and Redemption of assets within the modern financial bitcoin. Shares’’ below), or their clients or system, Authorized Participants seeking The Trust will pay the Sponsor a customers, may have an opportunity to to acquire quantities of bitcoin will management fee as compensation for realize a riskless profit if they can create require specialized knowledge to source services performed on behalf of the a Basket (as defined in ‘‘Creation and and secure the bitcoin. Such potential Trust and for services performed in Redemption of Shares’’ below) at a holders of bitcoin without sufficient connection with maintaining the Trust. discount to the public trading price of technological knowledge will encounter The Sponsor’s fee will be payable the Shares or can redeem a Basket at a both counterparty and custodial issues monthly in arrears and will be accrued premium over the public trading price that will effectively lock them out of daily. The bitcoin Insurance Fee will be of the Shares. The Sponsor expects that accessing the bitcoin market. Therefore, payable by the Trust monthly in the exploitation of such arbitrage although there is nothing preventing advance, as described in the opportunities by Authorized Authorized Participants from Registration Statement. Participants and their clients and participating directly in the bitcoin In exchange for the Sponsor’s customers will tend to cause the public market, the Sponsor believes, based on management fee, the Sponsor has agreed trading price to track NAV per Share the current state of the bitcoin market to assume the following administrative closely over time. Such arbitrage and its participants, many probably will and marketing expenses incurred by the opportunities will not be available to not until such time as the bitcoin market Trust: Each of the Trustee’s, holders of Shares who are not matures so that the technological, Administrator’s, Cash Custodian’s, Authorized Participants. counterparty and custodial issues

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evolve to become similar to those of Registration Statement, generally, the trades can tighten the tracking between traditional financial instruments. NDF and swap contract strike prices the market price of the Shares and the Notwithstanding the foregoing, the will be based on the bitcoin spot price, IIV and thus can be beneficial to all Sponsor believes, based on as determined by the XBX, or other market participants. conversations with market participants, pricing source as agreed to between the Creation and Redemption of Shares that one or more Authorized NDF and swap contract counterparties, Participants and/or market makers may when the contract is entered into. The According to the Registration be interested in participating directly in NDF termination price will be based on Statement, the Trust will issue and the bitcoin market and creating or the NAV of the Trust determined as of redeem ‘‘Baskets’’, each equal to a block redeeming Baskets in-kind. 4:00 p.m. E.T. The terms of the NDF and of 100,000 Shares, only to ‘‘Authorized According to the Sponsor, whether swap contracts will be governed by Participants’’ (as described below). The creating and redeeming baskets in-kind International Swaps and Derivatives size of a Basket is subject to change. The or for cash, Authorized Participants and Associations, Inc. (‘‘ISDA’’) agreements. creation and redemption of Baskets will market makers can hedge their exposure The ISDA terms, including to the extent principally be made in exchange for the to bitcoin using non-deliverable forward necessary any collateral arrangements, delivery to the Trust or the distribution contracts (‘‘NDFs’’) and swap contracts will be negotiated between the by the Trust of the amount of cash or that will create synthetic long and short counterparties to the NDF and swap bitcoin represented by the combined exposure to bitcoin for such hedging contracts. NAV of the Baskets being created or purposes. While the Sponsor expects redeemed, the amount of which will be that NDFs and/or swaps will be offered Impact on Arbitrage based on the combined bitcoin by several participants in the bitcoin Investors and market participants are represented by the number of Shares marketplace, including bitcoin able throughout the trading day to included in the Baskets being created or exchanges and bitcoin OTC market compare the market price of the Shares redeemed determined on the day the participants, the Sponsor itself and the Share’s IIV. According to the order to create or redeem Baskets is (operating on a principal basis) also may Sponsor, if the market price of the properly received. offer NDFs and swaps in order to Shares diverges significantly from the Orders to create and redeem Baskets provide Authorized Participants and IIV, Authorized Participants will have may be placed only by Authorized market makers with additional options an incentive to execute arbitrage trades. Participants.34 A transaction fee will be for hedging their exposure to bitcoin. Because of the potential for arbitrage assessed on all creation and redemption Such arrangements make it possible for inherent in the structure of the Trust, transactions effected in-kind. In Authorized Participants that lack the the Sponsor believes that the Shares addition, a variable transaction fee will trading infrastructure to transact in will not trade at a material discount or be charged to the Authorized bitcoin to be able to hedge their premium to the underlying bitcoin held Participants for creations and exposure by entering into an NDF or by the Trust. The arbitrage process, redemptions effected in cash to cover swap contract. Accordingly, an which in general provides investors the the Trust’s expenses related to Authorized Participant may hedge its opportunity to profit from differences in purchasing and selling bitcoin on exposure to bitcoin without the need to prices of assets, increases the efficiency bitcoin exchanges or in OTC custody bitcoin, or to engage a third of the markets, serves to prevent transactions. Such expenses may vary, party to custody bitcoin. In addition, to potentially manipulative efforts, and but the Trust currently expects such the extent requested by Authorized can be expected to operate efficiently in expenses to constitute 1% or less of the Participants and market makers, the the case of the Shares and bitcoin. value of a Basket. Sponsor will act as agent by buying and For example, if the Shares appear to selling bitcoin on behalf of the be trading at a discount compared to the Creation Procedures Authorized Participants and market IIV, an Authorized Participant could On any business day, an Authorized makers, including short sale orders, buy the Shares on the NYSE Arca and Participant may place an order with the solely for hedging purposes. According simultaneously hedge their exposure to Transfer Agent to create one or more to the Registration Statement, the the price of the Shares by entering into Baskets. For purposes of processing both Sponsor will only enter into NDF or an NDF or swap contract—in a dollar purchase and redemption orders, a swap transactions with Authorized amount equal to the aggregate price of ‘‘business day’’ means any day other Participants and market makers, and/or the Shares bought—that would provide than a day when the New York Stock act as agent by buying and selling the Authorized Participant with Exchange is closed for regular trading. bitcoin on behalf of Authorized synthetic short exposure to bitcoin. The Cash purchase orders must be placed by Participants and market makers, to the Authorized Participant then could 3:00 p.m. E.T., or the close of regular extent requested by Authorized redeem a Basket at NAV and realize a trading on the New York Stock Participants and market makers. The profit. Conversely, if the Shares appear Trust will not be a party to any such to be trading at a premium compared to 34 An Authorized Participant must: (1) Be a transactions. the IIV, an Authorized Participant could registered broker-dealer and a member in good According to the Registration sell short the Shares on the NYSE Arca standing with the Financial Industry Regulatory Authority (‘‘FINRA’’) or other securities market Statement, the NDF and swap contracts and simultaneously hedge their participant, such as a bank or other financial that the Sponsor will enter into as agent exposure to the short sale by entering institution, which, but for an exclusion from on behalf of the Authorized Participants into an NDF or swap contract—in a registration, would be required to register as a and market makers will be bespoke, dollar amount equal to the aggregate broker-dealer to engage in securities transactions; (2) be a participant in Depository Trust Company OTC and cash settled. The terms of the price of the Shares sold—that would (‘‘DTC’’). To become an Authorized Participant, a NDF and swap contracts will be provide the Authorized Participant with person must enter into an ‘‘Authorized Participant negotiated between the counterparties to synthetic long exposure to bitcoin. The Agreement’’ with the Sponsor and the Transfer the NDF and swap contracts. The NDF Authorized Participant then could Agent. The Authorized Participant Agreement provides the procedures for the creation and and swap contracts may be traded create a Basket at NAV, use those newly redemption of Baskets and for the delivery of the electronically on at least one swap created Shares to cover the short sale cash (and, potentially, bitcoin in-kind) required for execution facility. According to the and realize a profit. Such arbitrage such creations and redemptions.

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Exchange, whichever is earlier, and in- create, the Authorized Participant must Redemption Procedures kind purchase orders must be placed by deliver bitcoin directly to the Sponsor, The procedures by which an 4:00 p.m. E.T., or the close of regular as bitcoin Custodian, (i.e., to the Authorized Participant can redeem one trading on the New York Stock security system that holds the Trust’s or more Baskets mirror the procedures Exchange, whichever is earlier. The day bitcoin) and an amount of cash (or for the creation of Baskets. On any on which the Transfer Agent receives a bitcoin) referred to as the ‘‘Balancing business day, an Authorized Participant valid purchase order, as approved by Amount’’, computed as described may place an order with the Transfer the Order Examiner, is the purchase below, each no later than 4:00 p.m. E.T. Agent to redeem one or more Baskets. order date. Purchase orders are on the date the purchase order is Cash redemption orders must be placed irrevocable. By placing a purchase received and accepted. The amount of no later than 3:00 p.m. E.T., or the close order, and prior to delivery of such bitcoin delivered by the Authorized of regular trading on the New York Baskets, an Authorized Participant’s Participant must be in an amount equal Stock Exchange, whichever is earlier, DTC account will be charged the non- to the number of bitcoin necessary to and redemption orders submitted in- refundable transaction fee due for the create a Basket as of 4:00 p.m. E.T. on kind must be placed by 4:00 p.m. E.T., purchase order. the date the purchase order is received or the close of regular trading on the and accepted. Upon delivery of the Determination of Required Payment New York Stock Exchange, whichever is bitcoin to the Sponsor’s security system earlier. The day on which the Transfer The total payment required to create and the Balancing Amount to the Cash Agent receives a valid redemption each Basket is determined by Custodian (or the bitcoin component of calculating the NAV of 100,000 Shares the Balancing Amount, if applicable, to order, as approved by the Order of the Trust as of the closing time of the the Sponsor), the Transfer Agent will Examiner, is the ‘‘redemption order NYSE Arca Core Trading Session on the cause the Trust to issue a Basket to the date’’. Redemption orders are purchase order date. Baskets are issued Authorized Participant. Expenses irrevocable. The redemption procedures as of 9:30 a.m. E.T. on the business day relating to purchasing bitcoin in allow only Authorized Participants to immediately following the purchase assembling an in-kind creation Basket, redeem Baskets. A shareholder may not order date at the applicable NAV as of such as bitcoin exchange-related fees redeem Baskets other than through an the closing time of the NYSE Arca Core and/or transaction fees, will be borne by Authorized Participant. Trading Session on the purchase order Authorized Participants. With respect to By placing a redemption order, an date, but only if the required payment creations in cash, Authorized Authorized Participant agrees to deliver has been timely received. Participants will be charged a variable the Baskets to be redeemed through Orders to purchase Baskets for cash transaction fee to cover expenses as set DTC’s book-entry system to the Trust must be placed no later than 3:00 p.m. forth above. not later than 4:00 p.m. E.T. on the E.T., or the close of regular trading on The Balancing Amount is an amount business day immediately following the the New York Stock Exchange, equal to the difference between the NAV redemption order date. By placing a whichever is earlier, and orders to of the Shares (per Basket) and the redemption order, and prior to receipt of purchase Baskets in-kind must be ‘‘Deposit Amount’’, which is an amount the redemption proceeds, an Authorized placed no later than 4:00 p.m. E.T., or equal to the market value of bitcoin (per Participant’s DTC account will be the close of regular trading on the New Basket) which, for this purpose, is charged the non-refundable transaction York Stock Exchange, whichever is calculated in the same manner as the fee due for the redemption order. earlier, but the total payment required to Trust values its bitcoin, as set forth in Determination of Redemption Proceeds create a Basket will not be determined ‘‘bitcoin Market Price’’ above. The until 4:00 p.m. E.T. on the date the Balancing Amount serves to compensate The redemption proceeds from the purchase order is received by the for any difference between the NAV per Trust consist of the ‘‘cash redemption Transfer Agent and approved by the Basket and the Deposit Amount. amount’’ and, if making an in-kind Order Examiner. Authorized Payment of any tax or other fees and redemption, bitcoin. The cash Participants therefore will not know the expenses payable upon transfer of redemption amount is equal to the total amount of the payment required to bitcoin shall be the sole responsibility of combined NAV of the number of create a Basket at the time they submit the Authorized Participant purchasing a Baskets of the Trust requested in the an irrevocable purchase order for the Basket. Authorized Participant’s redemption Basket. Valid cash orders to purchase The Sponsor makes available through order as of the closing time of the NYSE Baskets received after 3:00 p.m. E.T., the National Securities Clearing Arca Core Trading Session on the and valid in-kind orders to purchase Corporation (‘‘NSCC’’) on each business redemption order date. The Cash Baskets received after 4:00 p.m. E.T., are day, prior to the opening of business on Custodian will distribute the cash considered received on the following the NYSE Arca, the amount of bitcoin redemption amount at 4:00 p.m., E.T., business day. The NAV of the Trust and required for an in-kind creation of a on the business day immediately the total amount of the payment Basket. This amount is applicable in following the redemption order date required to create a Basket could rise or order to effect in-kind purchases of through DTC to the account of the fall substantially between the time an Baskets until such time as the next Authorized Participant as recorded on irrevocable purchase order is submitted announced amount is made available. DTC’s book-entry system. At the and the time the amount of the purchase The Transfer Agent shall notify the discretion of the Sponsor and if the price in respect thereof is determined. Authorized Participant of the NAV of Authorized Participant requests to The payment required to create a the Trust and the corresponding amount receive bitcoin directly, some or all of Basket typically will be made in cash, of cash (in the case of a cash purchase the redemption proceeds may be but it may also be made partially or order) or bitcoin (in the case of an in- distributed to the Authorized wholly in-kind at the discretion of the kind purchase order, together with any Participant in-kind. Sponsor if the Authorized Participant Balancing Amount) to be included in a Orders to redeem Baskets must be requests to convey bitcoin directly to Deposit Amount by email or telephone placed no later than 3:00 p.m. E.T. for the Trust. To the extent the Authorized correspondence and such amount is cash redemption orders and 4:00 p.m. Participant places an in-kind order to available via the Trust’s Web site. E.T. for in-kind redemptions orders, but

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the total amount of redemption redemption transaction fee. With day and will be disseminated daily to proceeds typically will not be respect to redemptions in cash, all market participants at the same time. determined until after 4:00 p.m. E.T. on Authorized Participants will be charged To the extent that the Administrator has the date the redemption order is a variable transaction fee to cover utilized the cascading set of rules received. Authorized Participants expenses as set forth above. described in ‘‘bitcoin Market Price’’ therefore will not know the total amount above, the Trust’s Web site will note the of the redemption proceeds at the time Availability of Information valuation methodology used and the they submit an irrevocable redemption The Trust’s Web site will provide an price per bitcoin resulting from such order. intra-day indicative value (‘‘IIV’’) per calculation. Quotation and last-sale Share updated every 15 seconds, as information regarding the Shares will be Delivery of Redemption Proceeds calculated by the Exchange or a third disseminated through the facilities of The redemption proceeds due from party financial data provider during the the Consolidated Tape Association the Trust are delivered to the Exchange’s Core Trading Session (9:30 (‘‘CTA’’). Authorized Participant at 4:00 p.m. E.T. a.m. to 4:00 p.m. E.T.). The IIV will be Quotation and last sale information on the business day immediately calculated by using the prior day’s for bitcoin will be widely disseminated following the redemption order date if, closing NAV per Share as a base and through a variety of major market data by such time on such business day updating that value during the NYSE vendors, including Bloomberg and immediately following the redemption Arca Core Trading Session to reflect Reuters. In addition, the complete real- order date, the Trust’s DTC account has changes in the value of the Trust’s time price (and volume) data for bitcoin been credited with the Baskets to be bitcoin holdings during the trading day. is available by subscription from redeemed. If the Trust’s DTC account The IIV disseminated during the Reuters and Bloomberg. The spot price has not been credited with all of the NYSE Arca Core Trading Session should of bitcoin is available on a 24-hour basis Baskets to be redeemed by such time, not be viewed as an actual real-time from major market data vendors, the redemption distribution is delivered update of the NAV, which will be including Bloomberg and Reuters. to the extent of whole Baskets received. calculated only once at the end of each Information relating to trading, Any remainder of the redemption trading day. The IIV will be widely including price and volume distribution is delivered on the next disseminated on a per Share basis every information, in bitcoin will be available business day to the extent of remaining 15 seconds during the NYSE Arca Core from major market data vendors and whole Baskets received if the Sponsor Trading Session by one or more major from the exchanges on which bitcoin are receives the fee applicable to the market data vendors. In addition, the IIV traded. The normal trading hours for extension of the redemption distribution will be available through on-line bitcoin exchanges are 24-hours per day, date which the Sponsor may, from time information services. 365-days per year. to time, determine and the remaining The Web site for the Trust, which will The Trust will provide Web site Baskets to be redeemed are credited to be publicly accessible at no charge, will disclosure of its bitcoin holdings daily. the Trust’s DTC account by 4:00 p.m. contain the following information: (a) The Web site disclosure of the Trust’s E.T. on such next business day. Any The current NAV per Share daily and bitcoin holdings will occur at the same further outstanding amount of the the prior business day’s NAV and the time as the disclosure by the Sponsor of redemption order shall be cancelled. reported closing price; (b) the mid-point the bitcoin holdings to Authorized In the case of in-kind redemptions, of the bid-ask price 35 in relation to the Participants so that all market the Sponsor makes available through the NAV as of the time the NAV is participants are provided such portfolio NSCC, prior to the opening of business calculated (‘‘Bid-Ask Price’’) and a information at the same time. Therefore, on the NYSE Arca on each business day, calculation of the premium or discount the same portfolio information will be the amount of bitcoin per Basket that of such price against such NAV; (c) data provided on the public Web site as well will be applicable to redemption in chart form displaying the frequency as in electronic files provided to requests received in proper form. distribution of discounts and premiums Authorized Participants. Accordingly, The Transfer Agent shall notify the each investor will have access to the Authorized Participant of the NAV of of the Bid-Ask Price against the NAV, within appropriate ranges for each of current bitcoin holdings of the Trust the Trust and the corresponding amount through the Trust’s Web site. of cash (in the case of a cash purchase the four previous calendar quarters (or order) or bitcoin (in the case of an in- for the life of the Trust, if shorter); (d) Trading Rules kind purchase order, together with any the prospectus; and (e) other applicable The Trust will be subject to the Balancing Amount) corresponding to a quantitative information. The Trust will criteria in NYSE Arca Equities Rule redemption Basket by email or also disseminate the Trust’s holdings on 8.201, including 8.201(e), for initial and telephone correspondence and such a daily basis on the Trust’s Web site. continued listing of the Shares. A amount is available via the Trust’s Web The price of bitcoin will be made minimum of 100,000 Shares will be site. available by one or more major market required to be outstanding at the start of To the extent the Authorized data vendors, updated at least every 15 trading. With respect to application of Participant places an in-kind order to seconds during the Exchange’s Core Rule 10A–3 under the Act, the Trust redeem a Basket, the Sponsor will Trading Session. Information about the will rely on the exception contained in deliver, on the business day XBX, including key elements of how the Rule 10A–3(c)(7). The Exchange immediately following the day the XBX algorithm is calculated, is publicly believes that the anticipated minimum redemption order is received, bitcoin to available at https://tradeblock.com/ number of Shares outstanding at the the Authorized Participant in an amount markets/index/. start of trading is sufficient to provide equal to the number of bitcoin necessary The NAV for the Trust will be adequate market liquidity. to redeem a Basket as of 4:00 p.m. E.T. calculated by the Administrator once a The Exchange deems the Shares to be Expenses relating to transferring bitcoin equity securities, thus rendering trading 35 The bid-ask price of the Trust is determined to an Authorized Participant in a using the highest bid and lowest offer on the in the Shares subject to the Exchange’s redemption Basket will be borne by Consolidated Tape as of the time of calculation of existing rules governing the trading of Authorized Participants via the the closing day NAV. equity securities. Trading in the Shares

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on the Exchange will occur in detrimental to the maintenance of a fair trading in the Shares with other markets accordance with NYSE Arca Equities and orderly market are present. In and other entities that are members of Rule 7.34(a). The Exchange has addition, trading in Shares will be the Intermarket Surveillance Group appropriate rules to facilitate subject to trading halts caused by (‘‘ISG’’), and the Exchange or FINRA, on transactions in the Shares during all extraordinary market volatility pursuant behalf of the Exchange, or both, may trading sessions. As provided in NYSE to the Exchange’s ‘‘circuit breaker’’ obtain trading information regarding Arca Equities Rule 7.6, the minimum rule.36 trading in the Shares from such markets price variation (‘‘MPV’’) for quoting and The Exchange will halt trading in the and other entities. In addition, the entry of orders in equity securities Shares if the NAV of the Trust is not Exchange may obtain information traded on the NYSE Arca Marketplace is calculated or disseminated daily. The regarding trading in the Shares from $0.01, with the exception of securities Exchange may halt trading during the markets and other entities that are that are priced less than $1.00 for which day in which an interruption occurs to members of ISG or with which the the MPV for order entry is $0.0001. the dissemination of the IIV or the Exchange has in place a comprehensive Further, NYSE Arca Equities Rule dissemination of the XBX spot price, as surveillance sharing agreement 8.201 sets forth certain restrictions on discussed above. If the interruption to (‘‘CSSA’’).39 Equity Trading Permit Holders (‘‘ETP the dissemination of the IIV or the XBX Also, pursuant to NYSE Arca Equities Holders’’) acting as registered Market spot price persists past the trading day Rule 8.201(g), the Exchange is able to Makers in the Shares to facilitate in which it occurs, the Exchange will obtain information regarding trading in surveillance. Pursuant to NYSE Arca halt trading no later than the beginning the Shares and the underlying bitcoin or Equities Rule 8.201(g), an ETP Holder of the trading day following the any bitcoin derivative through ETP acting as a registered Market Maker in interruption.37 In addition, if the Holders acting as registered Market the Shares is required to provide the Exchange becomes aware that the NAV Makers, in connection with such ETP Exchange with information relating to with respect to the Shares is not Holders’ proprietary or customer trades its trading in the underlying bitcoin, disseminated to all market participants through ETP Holders which they effect related futures or options on futures or at the same time, it will halt trading in on any relevant market. any other related derivatives. the Shares until such time as the NAV The Exchange also has a general Commentary .04 of NYSE Arca Equities is available to all market participants. policy prohibiting the distribution of Rule 6.3 requires an ETP Holder acting material, non-public information by its as a registered Market Maker, and its Surveillance employees. affiliates, in the Shares to establish, The Exchange represents that trading All statements and representations maintain and enforce written policies in the Shares will be subject to the made in this filing regarding (i) the and procedures reasonably designed to existing trading surveillances description of the portfolio or (ii) prevent the misuse of any material administered by the Exchange, as well limitations on portfolio holdings or nonpublic information with respect to as cross-market surveillances reference assets shall constitute such products, any components of the administered by FINRA on behalf of the continued listing requirements for related products, any physical asset or Exchange, which are designed to detect listing the Shares on the Exchange. commodity underlying the product, violations of Exchange rules and The issuer has represented to the applicable currencies, underlying applicable federal securities laws.38 The Exchange that it will advise the indexes, related futures or options on Exchange represents that these Exchange of any failure by the Trust to futures and any related derivative procedures are adequate to properly comply with the continued listing instruments (including the Shares). monitor Exchange trading of the Shares requirements, and, pursuant to its As a general matter, the Exchange has in all trading sessions and to deter and obligations under Section 19(g)(1) of the regulatory jurisdiction over its ETP detect violations of Exchange rules and Act, the Exchange will monitor for Holders and their associated persons, federal securities laws applicable to compliance with the continued listing which include any person or entity trading on the Exchange. requirements. If the Trust is not in controlling an ETP Holder. A subsidiary The surveillances referred to above compliance with the applicable listing or affiliate of an ETP Holder that does generally focus on detecting securities requirements, the Exchange will business only in commodities or futures trading outside their normal patterns, commence delisting procedures under contracts would not be subject to which could be indicative of NYSE Arca Equities Rule 5.5(m). Exchange jurisdiction, but the Exchange manipulative or other violative activity. could obtain information regarding the Information Bulletin When such situations are detected, activities of such subsidiary or affiliate Prior to the commencement of surveillance analysis follows and through surveillance sharing agreements trading, the Exchange will inform its investigations are opened, where with regulatory organizations of which ETP Holders in an ‘‘Information appropriate, to review the behavior of such subsidiary or affiliate is a member. Bulletin’’ of the special characteristics all relevant parties for all relevant With respect to trading halts, the and risks associated with trading the trading violations. Exchange may consider all relevant Shares. Specifically, the Information The Exchange or FINRA, on behalf of factors in exercising its discretion to Bulletin will discuss the following: (1) the Exchange, or both, will halt or suspend trading in the Shares. The procedures for purchases and communicate as needed regarding Trading on the Exchange in the Shares redemptions of Shares in Baskets may be halted because of market 36 (including noting that the Shares are not conditions or for reasons that, in the See NYSE Arca Equities Rule 7.12. 37 The Exchange notes that the Exchange may halt individually redeemable); (2) NYSE view of the Exchange, make trading in trading during the day in which an interruption to Arca Equities Rule 9.2(a), which the Shares inadvisable. These may the dissemination of the IIV or the XBX spot price imposes a duty of due diligence on its include: (1) The extent to which occurs. ETP Holders to learn the essential facts conditions in the underlying bitcoin 38 FINRA conducts cross market surveillances on behalf of the Exchange pursuant to a regulatory relating to every customer prior to markets have caused disruptions and/or services agreement. The Exchange is responsible for lack of trading or (2) whether other FINRA’s performance under this regulatory services 39 For the list of current members of ISG, see unusual conditions or circumstances agreement. https://www.isgportal.org/home.html.

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trading the Shares; (3) how information Exchange or FINRA, on behalf of the more major market data vendors will regarding how the Index and the IIV are Exchange, or both, may obtain trading disseminate for the Trust on a daily disseminated; (4) the requirement that information regarding trading in the basis information with respect to the ETP Holders deliver a prospectus to Shares from such markets. In addition, most recent NAV per Share and Shares investors purchasing newly issued the Exchange may obtain information outstanding. Shares prior to or concurrently with the regarding trading in the Shares from The proposed rule change is designed confirmation of a transaction; (5) the markets that are members of ISG or with to perfect the mechanism of a free and possibility that trading spreads and the which the Exchange has in place a open market and, in general, to protect resulting premium or discount on the CSSA. Also, pursuant to NYSE Arca investors and the public interest in that Shares may widen during the Opening Equities Rule 8.201(g), the Exchange is it will facilitate the listing and trading and Late Trading Sessions, when an able to obtain information regarding of an additional type of exchange-traded updated IIV will not be calculated or trading in the Shares and the underlying product that will enhance competition publicly disseminated; and (6) trading bitcoin or any bitcoin derivative through among market participants, to the information. For example, the ETP Holders acting as registered Market Information Bulletin will advise ETP Makers, in connection with such ETP benefit of investors and the marketplace. Holders, prior to the commencement of Holders’ proprietary or customer trades As noted above, the Exchange has in trading, of the prospectus delivery through ETP Holders which they effect place surveillance procedures relating to requirements applicable to the Trust. on any relevant market. trading in the Shares and may obtain The Exchange notes that investors information via ISG from other The proposed rule change is designed exchanges that are members of ISG or purchasing Shares directly from the to promote just and equitable principles with which the Exchange has entered Trust will receive a prospectus. ETP of trade and to protect investors and the into a CSSA. In addition, as noted Holders purchasing Shares from the public interest in that there is a above, investors will have ready access Trust for resale to investors will deliver considerable amount of bitcoin price to information regarding the Trust’s a prospectus to such investors. and bitcoin market information In addition, the Information Bulletin bitcoin holdings, IIV and quotation and available on public Web sites and will reference that the Trust is subject through professional and subscription last sale information for the Shares. to various fees and expenses as services. Investors may obtain on a 24- described in the Registration Statement. B. Self-Regulatory Organization’s hour basis bitcoin pricing information The Information Bulletin will disclose Statement on Burden on Competition based on the spot price for bitcoin from that information about the Shares of the The Exchange does not believe that Trust is publicly available on the Trust’s various financial information service the proposed rule change will impose Web site. providers. The closing price and The Information Bulletin will also settlement prices of bitcoin are readily any burden on competition that is not discuss any relief, if granted, by the available from the bitcoin exchanges necessary or appropriate in furtherance Commission or the staff from any rules and other publicly available Web sites. of the purposes of the Act. The under the Act. In addition, such prices are published in Exchange notes that the proposed rule public sources or on-line information change will facilitate the listing and 2. Statutory Basis services such as Bloomberg and Reuters. trading of an additional type of The basis under the Act for this The Trust will provide Web site exchange-traded product, and the first proposed rule change is the requirement disclosure of its bitcoin holdings daily. such product based on bitcoin, which under Section 6(b)(5) 40 that an Quotation and last-sale information will enhance competition among market exchange have rules that are designed to regarding the Shares will be participants, to the benefit of investors prevent fraudulent and manipulative disseminated through the facilities of and the marketplace. the CTA. The IIV will be widely acts and practices, to promote just and C. Self-Regulatory Organization’s equitable principles of trade, to remove disseminated on a per Share basis every Statement on Comments on the impediments to, and perfect the 15 seconds during the NYSE Arca Core Proposed Rule Change Received From mechanism of a free and open market Trading Session by one or more major Members, Participants, or Others and, in general, to protect investors and market data vendors. In addition, the IIV the public interest. will be available through on-line No written comments were solicited The Exchange believes that the information services. The Exchange or received with respect to the proposed proposed rule change is designed to represents that the Exchange may halt rule change. prevent fraudulent and manipulative trading during the day in which an acts and practices in that the Shares will interruption to the dissemination of the III. Solicitation of Comments be listed and traded on the Exchange IIV or the XBX spot price occurs. If the pursuant to the initial and continued interruption to the dissemination of the Interested persons are invited to listing criteria in NYSE Arca Equities IIV or the XBX spot price persists past submit written data, views, and Rule 8.201. The Exchange has in place the trading day in which it occurred, the arguments concerning the foregoing, surveillance procedures that are Exchange will halt trading no later than including whether the proposed rule adequate to properly monitor trading in the beginning of the trading day change, as amended, is consistent with the Shares in all trading sessions and to following the interruption. In addition, the Section 6(b)(5) of the Act, the other deter and detect violations of Exchange if the Exchange becomes aware that the provisions of the Act, and the rules and rules and applicable federal securities NAV with respect to the Shares is not regulations thereunder. In particular, laws. The Exchange or FINRA, on behalf disseminated to all market participants the Commission invites the written of the Exchange, or both, will at the same time, it will halt trading in views of interested persons concerning communicate as needed regarding the Shares until such time as the NAV the sufficiency of the Exchange’s trading in the Shares with other markets is available to all market participants. statements in support of Amendment that are members of the ISG, and the The NAV per Share will be calculated No. 1 to the proposed rule change, daily and made available to all market which are set forth above, and the 40 15 U.S.C. 78f(b)(5). participants at the same time. One or specific requests for comment set forth

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in the Order Instituting Proceedings.41 SECURITIES AND EXCHANGE For the Commission, by the Division of Comments may be submitted by any of COMMISSION Trading and Markets, pursuant to delegated 7 the following methods: authority. Eduardo A. Aleman, [Release No. 34–80094; File No. SR– Electronic Comments Assistant Secretary. NYSEARCA–2016–176] • Use the Commission’s Internet [FR Doc. 2017–03909 Filed 2–28–17; 8:45 am] comment form (http://www.sec.gov/ Self-Regulatory Organizations; NYSE BILLING CODE 8011–01–P rules/sro.shtml); or Arca, Inc.; Notice of Designation of a • Send an email to rule-comments@ Longer Period for Commission Action SECURITIES AND EXCHANGE sec.gov. Please include File Number SR– on Proposed Rule Change Relating to COMMISSION NYSEARCA–2016–101 in the subject the Listing and Trading of Shares of line. the EtherIndex Ether Trust Under [Release Nos. 33–10312; 34–80096] Paper Comments NYSE Arca Equities Rule 8.201 Securities and Exchange Commission • Send paper comments in triplicate February 23, 2017. Evidence Summit to Secretary, Securities and Exchange Commission, 100 F Street NE., On December 30, 2016, NYSE Arca, AGENCY: Securities and Exchange Washington, DC 20549–1090. Inc. filed with the Securities and Commission. Exchange Commission (‘‘Commission’’), All submissions should refer to File ACTION: Notice of conference. pursuant to Section 19(b)(1) 1 of the Number SR–NYSEARCA–2016–101. Securities Exchange Act of 1934 SUMMARY: The Securities and Exchange This file number should be included in (‘‘Act’’) 2 and Rule 19b–4 thereunder,3 a Commission’s Office of the Investor the subject line if email is used. To help proposed rule change to list and trade Advocate will host a public conference, the Commission process and review characterized as an ‘‘Evidence Summit,’’ your comments more efficiently, please shares of EtherIndex Ether Trust under NYSE Arca Equities Rule 8.201. The to discuss, among other things, potential use only one method. The Commission strategies for enhancing retail investors’ will post all comments on the proposed rule change was published for comment in the Federal Register on understanding of key investment Commission’s Internet Web site (http:// characteristics such as fees, risks, January 23, 2017.4 www.sec.gov/rules/sro.shtml). Copies of returns, and conflicts of interest. An the submission, all subsequent Section 19(b)(2) of the Act 5 provides objective of the conference is to marshal amendments, all written statements that within 45 days of the publication of research from the fields of economics with respect to the proposed rule notice of the filing of a proposed rule and cognitive sciences to help inform change that are filed with the change, or within such longer period up ways of thinking about investor Commission, and all written to 90 days as the Commission may behavior and identify areas for possible communications relating to the designate if it finds such longer period future research to be conducted under proposed rule change between the to be appropriate and publishes its the auspices of an investor research Commission and any person, other than reasons for so finding, or as to which the initiative led by the Commission’s those that may be withheld from the self-regulatory organization consents, Office of the Investor Advocate. public in accordance with the the Commission shall either approve the DATES: The conference will be held on provisions of 5 U.S.C. 552, will be proposed rule change, disapprove the Friday, March 10, 2017 from 9:30 a.m. available for Web site viewing and proposed rule change, or institute until 4:30 p.m. (ET). printing in the Commission’s Public proceedings to determine whether the ADDRESSES: The conference will be held Reference Room, 100 F Street NE., proposed rule change should be in the Auditorium, Room L–002 at the Washington, DC 20549, on official disapproved. The 45th day after Commission’s headquarters, 100 F business days between the hours of publication of the notice for this Street NE., Washington, DC 20549. The 10:00 a.m. and 3:00 p.m. Copies of the proposed rule change is March 9, 2017. conference will be webcast on the filing will also be available for The Commission is extending this 45- Commission’s Web site at www.sec.gov. inspection and copying at the principal day time period. FOR FURTHER INFORMATION CONTACT: Dr. office of the Exchange. All comments The Commission finds it appropriate Brian Scholl, Principal Economic received will be posted without change; Advisor and Senior Economist, Office of the Commission does not edit personal to designate a longer period within which to take action on the proposed the Investor Advocate, at (202) 551– identifying information from 3302, Securities and Exchange submissions. You should submit only rule change so that it has sufficient time to consider the proposed rule change. Commission, 100 F Street NE., information that you wish to make Washington, DC 20549. available publicly. All submissions Accordingly, the Commission, pursuant 6 SUPPLEMENTARY INFORMATION: The should refer to File Number SR– to Section 19(b)(2) of the Act, designates April 23, 2017, as the date by conference will be open to the public, NYSEARCA–2016–101 and should be except for that portion of the conference submitted on or before March 16, 2017. which the Commission shall either approve or disapprove, or institute reserved for a nonpublic networking For the Commission, by the Division of proceedings to determine whether to session for panelists during lunch. Trading and Markets, pursuant to delegated Persons needing special authority.42 disapprove, the proposed rule change (File No. SR–NYSEARCA–2016–176). accommodations to take part because of Robert W. Errett, a disability should notify the contact Deputy Secretary. person listed in the section above 1 15 U.S.C.78s(b)(1). [FR Doc. 2017–03983 Filed 2–28–17; 8:45 am] entitled FOR FURTHER INFORMATION 2 15 U.S.C. 78a. CONTACT BILLING CODE 8011–01–P 3 17 CFR 240.19b–4. . 4 See Securities Exchange Act Release No. 79792 The agenda for the conference 41 See Order Instituting Proceedings, supra note 6, (Jan. 13, 2017), 82 FR 7891 (Jan. 23, 2017). includes: Opening remarks by Acting at 76402. 5 15 U.S.C. 78s(b)(2). 42 17 CFR 200.30–3(a)(12). 6 Id. 7 17 CFR 200.30–3(a)(31).

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Chairman Michael S. Piwowar; plenary The text of the proposed rule change because no market participant has remarks by panelists Brigitte Madrian is available on the Exchange’s Web site utilized the Directed Orders and Terry Odean; a panel discussion at www.ise.com, at the principal office functionality in the last thirteen months. exploring how investors think and act; of the Exchange, and at the The Exchange will introduce the a keynote address by panelist George Commission’s Public Reference Room. Directed Orders functionality on ISE Lowenstein; a panel discussion II. Self-Regulatory Organization’s within one year from the date of this addressing ways in which the Statement of the Purpose of, and Commission’s disclosure regime can filing, otherwise the Exchange will file Statutory Basis for, the Proposed Rule facilitate disclosure in the most effective a rule proposal with the Commission to Change manner for a wide variety of users; remove these rules. In its filing with the Commission, the remarks from Commissioner Kara M. 2. Statutory Basis Stein; a panel discussion regarding ways Exchange included statements in which to improve the disclosure of concerning the purpose of and basis for The Exchange believes that its fees, strategies/risks, and performance; the proposed rule change and discussed proposal is consistent with Section 6(b) and a nonpublic networking session for any comments it received on the of the Act,6 in general, and furthers the panelists during lunch. proposed rule change. The text of these objectives of Section 6(b)(5) of the Act,7 statements may be examined at the Dated: February 24, 2017. in particular, in that it is designed to places specified in Item IV below. The promote just and equitable principles of Brent J. Fields, Exchange has prepared summaries, set trade, to remove impediments to and Secretary. forth in sections A, B, and C below, of perfect the mechanism of a free and [FR Doc. 2017–03945 Filed 2–28–17; 8:45 am] the most significant aspects of such BILLING CODE 8011–01–P statements. open market and a national market system, and, in general to protect A. Self-Regulatory Organization’s investors and the public interest SECURITIES AND EXCHANGE Statement of the Purpose of, and because the Exchange desires to rollout COMMISSION Statutory Basis for, the Proposed Rule this functionality at a later date to allow Change [Release No. 34–80100; File No. SR–ISE– additional time to rebuild this 2017–15] 1. Purpose technology on the new platform. By turning off the functionality on February Self-Regulatory Organizations; The Exchange proposes to delay the implementation of the Directed Orders 24, 2017, this will provide the Exchange International Securities Exchange, additional time to test and implement LLC; Notice of Filing and Immediate functionality in ISE Rule 811. The Exchange proposes to no longer offer the this functionality, which is not being Effectiveness of Proposed Rule amended. The Exchange believes that Change To Delay Directed Orders functionality as of February 24, 2017. The Exchange has notified Members Members have been given adequate February 24, 2017. that the functionality will no longer be notice of the implementation dates. The Pursuant to Section 19(b)(1) of the available by issuing a Market Exchange notes that Members are aware Securities Exchange Act of 1934 Information Circular. The Exchange of the Exchange’s efforts to replatform to (‘‘Act’’),1 and Rule 19b–4 thereunder,2 proposes to launch this functionality the INET technology and no Member is notice is hereby given that on February within one year from the date of filing using the Directed Orders functionality. 23, 2017, the International Securities of this rule change to be announced in The Exchange will continue to provide Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’) a separate notice.4 The Exchange notes notifications to Members to ensure filed with the Securities and Exchange that ISE Gemini functionality is also clarity about the availability of this Commission (‘‘Commission’’) the similarly being turned off on February functionality. The Exchange will note proposed rule change as described in 24, 2017.5 the applicable dates within the rule text Items I and II below, which Items have The Exchange desires to turn off this as to the availability of this been prepared by the Exchange. The functionality at this time and rollout functionality. Commission is publishing this notice to this functionality at a later date in light solicit comments on the proposed rule of the upcoming migration to the new B. Self-Regulatory Organization’s change from interested persons. INET platform. The Exchange is staging Statement on Burden on Competition the replatform to provide maximum I. Self-Regulatory Organization’s benefit to its Members while also The Exchange does not believe that Statement of the Terms of Substance of ensuring a successful rollout. This delay the proposed rule change will impose the Proposed Rule Change will provide the Exchange additional any burden on competition not The Exchange proposes to delay the time to test and implement this necessary or appropriate in furtherance implementation of the Directed Orders 3 functionality. The Exchange notes that of the purposes of the Act. The functionality on ISE. no market participant would be Exchange does not believe that the impacted by the delay in proposed rule change will impact the 1 15 U.S.C. 78s(b)(1). implementation as no participants intense competition that exists in the 2 17 CFR 240.19b–4. currently utilize this feature on ISE options market. No market participant 3 ISE currently operates a Directed Orders system in which Electronic Access Members (‘‘EAMs’’) can will be impacted by turning off this send an order to a DMM for possible price which case there are certain restrictions on the functionality and delaying its improvement. If a DMM accepts Directed Orders DMM interacting with the order. See ISE Rule 811. implementation as no participants generally, that DMM must accept all Directed 4 The separate notice will be an Options Trader Orders from all EAMs. Once such a DMM receives Alert. currently utilize this feature on ISE. The a Directed Order, it either (i) must enter the order 5 See Securities Exchange Act Release No. 80011 Exchange plans to offer the functionality into the Exchange’s PIM auction and guarantee its (February 10, 2017), 82 FR 10927 (SR–ISEGemini- after a period of delay. execution at a price better than the ISE best bid or 2016–17) (Order Approving Proposed Rule Change, offer (‘‘ISE BBO’’) by at least a penny and equal to as Modified by Amendment Nos. 1 and 2, To or better than the NBBO or (ii) must release the Amend Various Rules in Connection With a System 6 15 U.S.C. 78f(b). order into the Exchange’s limit order book, in Migration to Nasdaq INET Technology). 7 15 U.S.C. 78f(b)(5).

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C. Self-Regulatory Organization’s At any time within 60 days of the office of the Exchange. All comments Statement on Comments on the filing of the proposed rule change, the received will be posted without change; Proposed Rule Change Received From Commission summarily may the Commission does not edit personal Members, Participants, or Others temporarily suspend such rule change if identifying information from No written comments were either it appears to the Commission that such submissions. You should submit only solicited or received. action is: (i) Necessary or appropriate in information that you wish to make the public interest; (ii) for the protection available publicly. All submissions III. Date of Effectiveness of the of investors; or (iii) otherwise in should refer to File Number SR–ISE– Proposed Rule Change and Timing for furtherance of the purposes of the Act. 2017–15 and should be submitted on or Commission Action If the Commission takes such action, the before March 22, 2017. Because the foregoing proposed rule Commission shall institute proceedings For the Commission, by the Division of change does not: (i) Significantly affect to determine whether the proposed rule Trading and Markets, pursuant to delegated the protection of investors or the public should be approved or disapproved. authority.13 interest; (ii) impose any significant IV. Solicitation of Comments Robert W. Errett, burden on competition; and (iii) become Deputy Secretary. Interested persons are invited to operative for 30 days from the date on [FR Doc. 2017–03984 Filed 2–28–17; 8:45 am] submit written data, views, and which it was filed, or such shorter time BILLING CODE 8011–01–P as the Commission may designate, it has arguments concerning the foregoing, become effective pursuant to Section including whether the proposed rule 8 change is consistent with the Act. 19(b)(3)(A)(iii) of the Act and SOCIAL SECURITY ADMINISTRATION subparagraph (f)(6) of Rule 19b–4 Comments may be submitted by any of thereunder.9 the following methods: [Docket No. SSA–2016–0029] A proposed rule change filed Electronic Comments pursuant to Rule 19b–4(f)(6) under the Social Security Ruling 17–1p; Titles II Act 10 normally does not become • Use the Commission’s Internet and XVI: Reopening Based on Error on operative for 30 days after the date of its comment form (http://www.sec.gov/ the Face of the Evidence—Effect of a filing. However, Rule 19b–4(f)(6)(iii) 11 rules/sro.shtml); or Decision by the Supreme Court of the permits the Commission to designate a • Send an email to rule-comments@ United States Finding a Law That We shorter time if such action is consistent sec.gov. Please include File Number SR– Applied To Be Unconstitutional with the protection of investors and the ISE–2017–15 on the subject line. AGENCY: Social Security Administration. public interest. The Exchange has asked Paper Comments ACTION: Notice of Social Security Ruling the Commission to waive the 30-day • operative delay so that the proposal may Send paper comments in triplicate (SSR). to Secretary, Securities and Exchange become operative immediately upon SUMMARY: We are giving notice of SSR Commission, 100 F Street NE., filing. The Commission believes that 17–1p. This SSR explains how we apply Washington, DC 20549–1090. waiving the 30-day operative delay is our reopening rules when we have consistent with the protection of All submissions should refer to File applied a Federal or State law to a claim investors and the public interest. The Number SR–ISE–2017–15. This file for benefits that the Supreme Court of Exchange represents that waiver of the number should be included on the the United States later determines to be operative delay would provide the subject line if email is used. To help the unconstitutional, and we find the Exchange additional time to implement Commission process and review your application of that law was material to the Directed Orders functionality and comments more efficiently, please use our determination or decision. We ensure that it is properly functioning only one method. The Commission will expect that this ruling will clarify our prior to implementation on INET. The post all comments on the Commission’s policy in light of recent questions that Exchange states that it provided notice Internet Web site (http://www.sec.gov/ we have received on this issue. of the proposed rule change to Members rules/sro.shtml). Copies of the DATES: Effective Date: March 1, 2017. on February 17, 2017. The Commission submission, all subsequent FOR FURTHER INFORMATION CONTACT: notes that the Exchange represents that amendments, all written statements there will be no adverse effect from with respect to the proposed rule Peter Smith, Office of Income Security turning off this functionality for a short change that are filed with the Programs, Social Security period of time because no market Commission, and all written Administration, 6401 Security participant has utilized the Directed communications relating to the Boulevard, Baltimore, MD 21235–6401, Orders functionality in the last thirteen proposed rule change between the (410) 966–3235. For information on months. Accordingly, the Commission Commission and any person, other than eligibility or filing for benefits, call our hereby waives the operative delay and those that may be withheld from the national toll-free number 1–800–772– designates the proposal operative upon public in accordance with the 1213, or TTY 1–800–325–0778, or visit filing.12 provisions of 5 U.S.C. 552, will be our Internet site, Social Security online, available for Web site viewing and at http://www.socialsecurity.gov. 8 15 U.S.C. 78s(b)(3)(A)(iii). printing in the Commission’s Public SUPPLEMENTARY INFORMATION: Although 9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Reference Room, 100 F Street NE., 5 U.S.C. 552(a)(1) and (a)(2) do not 4(f)(6) requires a self-regulatory organization to give require us to publish this SSR, we are the Commission written notice of its intent to file Washington, DC 20549, on official the proposed rule change at least five business days business days between the hours of doing so under 20 CFR 402.35(b)(1). prior to the date of filing of the proposed rule 10:00 a.m. and 3:00 p.m. Copies of the Through SSRs, we make available to change, or such shorter time as designated by the the public precedential decisions Commission. The Commission has waived the five- filing also will be available for inspection and copying at the principal relating to the Federal old-age, day prefiling requirement in this case. survivors, disability, supplemental 10 17 CFR 240.19b–4(f)(6). 11 17 CFR 240.19b–4(f)(6)(iii). considered the proposed rule’s impact on security income, and special veterans 12 For purposes only of waiving the 30-day efficiency, competition, and capital formation. See operative delay, the Commission has also 15 U.S.C. 78c(f). 13 17 CFR 200.30–3(a)(12).

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benefits programs. We may base SSRs BACKGROUND: Generally, if a claimant interpret the reopening rules in this on determinations or decisions made at is dissatisfied with a determination or specific situation to ensure that our all levels of administrative adjudication, decision made in the administrative adjudicators interpret and apply our Federal court decisions, Commissioner’s review process, but does not request reopening rules correctly and decisions, opinions of the Office of the further review within the stated time consistently. General Counsel, or other period, he or she loses the right to POLICY INTERPRETATION: When we interpretations of the law and further review and that determination or make a determination or decision by regulations. decision becomes final.1 However, applying a Federal or State law that the Although SSRs do not have the same under our rules of administrative Supreme Court of the United States later force and effect as statutes or finality, in limited circumstances, either determines to be unconstitutional, and regulations, they are binding on all on our own initiative or at the request we find that application of that law was components of the Social Security of a party, we may reopen and revise a material 8 to our determination or Administration. 20 CFR 402.35(b)(1). determination or decision that is decision, we may reopen the This SSR will remain in effect until otherwise final.2 Our regulations set out determination or decision within the we publish a notice in the Federal the grounds for reopening and the time frames specified in our regulations Register that rescinds it, or we publish timeframes for doing so. In many cases, based on an error on the face of the a new SSR that replaces or modifies it. we may reopen and revise a evidence under 20 CFR 404.988(b), determination or decision only within 404.988(c)(8), 404.989(a)(3), (Catalog of Federal Domestic Assistance, 3 Program Nos. 96.001, Social Security— specified time limits for ‘‘good cause.’’ 416.1488(b), and 416.1489(a)(3). In this Disability Insurance; 96.002, Social In other cases, there are no regulatory specific situation, we do not consider a Security—Retirement Insurance; 96.004— time limits for reopening.4 Under our holding by the Supreme Court that a Social Security—Survivors Insurance; 96.006 regulations, we may find ‘‘good cause’’ Federal or State law is unconstitutional Supplemental Security Income.) to reopen in part when we find that to be a ‘‘change of legal interpretation or there is an error on the face of the Nancy A. Berryhill, administrative ruling upon which the evidence, as described in the relevant determination or decision was made,’’ Acting Commissioner of Social Security. regulations.5 as contemplated in 20 CFR 404.989(b) POLICY INTERPRETATION RULING Our regulations do not further specify and 416.1489(b). what constitutes grounds for reopening Under our policy, the rules governing SSR 17–1p: a determination or decision based on an a change in legal interpretation apply TITLES II AND XVI: REOPENING ‘‘error on the face of the evidence.’’ when a policy or legal precedent that we BASED ON ERROR ON THE FACE OF Under our longstanding policy, a legal previously adhered to in the THE EVIDENCE—EFFECT OF A error may constitute an error on the face adjudication of cases, which was correct DECISION BY THE SUPREME COURT of the evidence.6 However, our and reasonable when made, is changed OF THE UNITED STATES FINDING A regulations also explain that we will not as a result of subsequent court decisions LAW THAT WE APPLIED TO BE find ‘‘good cause’’ to reopen a prior or other applicable legal precedents or UNCONSTITUTIONAL determination or decision based solely new policy considerations.9 When we PURPOSE: In recent years, we have on a ‘‘change of legal interpretation or have made a determination or decision administrative ruling upon which the received a number of questions by applying a Federal or State law that determination or decision was made.’’ 7 regarding how our reopening rules the Supreme Court of the United States In recent years, we have received later determines to be unconstitutional, should be applied when we applied a questions about whether and how we Federal or State law in making our the application of that law would not may apply our reopening rules when we have been correct and reasonable when determination or decision, and the made a determination or decision by Supreme Court of the United States later made. Consequently, we do not applying a Federal or State law that the interpret the change in legal determines that the law we applied is Supreme Court of the United States later unconstitutional. The issue has arisen interpretation criteria in our rules to determines to be unconstitutional. We prevent us from applying our reopening most recently in light of the Supreme are issuing this SSR to explain how we Court’s decisions regarding the rules in that specific situation. constitutionality of the Defense of Accordingly, we may reopen a 1 20 CFR 404.987(a), 416.1487(a). determination or decision based on an Marriage Act in United States v. 2 20 CFR 404.987(b), 416.1487(b). error on the face of the evidence in the Windsor, 133 S. Ct. 2675 (2013) and the 3 See e.g., 20 CFR 404.988(b), 416.1488(b). limited circumstance where all of the constitutionality of State law bans on 4 20 CFR 404.988(c)(8) (Under title II, we may following criteria are met: 1) we made same-sex marriage in Obergefell v. reopen a determination or decision at any time if our determination or decision by Hodges, 135 S. Ct. 2584 (2015). We are it was fully or partially unfavorable to a party to correct ‘‘an error that appears on the face of the applying a Federal or State law that the issuing this SSR to explain our policy evidence that was considered when the Supreme Court of the United States later on reopening a determination or determination or decision was made.’’) determines to be unconstitutional; 2) we decision due to an error on the face of 5 20 CFR 404.989(a)(3) (Under title II, we may find that the application of that law was the evidence when, in making that reopen a determination or decision for good cause determination or decision, we applied a within four years of the date of the notice of initial determination when the ‘‘evidence that was 8 For purposes of this Ruling, this type of error Federal or State law that the Supreme considered in making the determination or decision on the face of the evidence is ‘‘material’’ to our Court of the United States later clearly shows on its face that an error was made.’’), determination or decision when our application of determines to be unconstitutional, and 416.1489(a)(3) (Under title XVI, we may reopen a a Federal or State law that the Supreme Court of we find that application of that law was determination or decision for good cause within the United States later determines to be two years of the date of the notice of initial unconstitutional affected the individual’s material to our determination or determination when the ‘‘evidence that was entitlement to title II benefits, the individual’s decision. considered in making the determination or decision eligibility for title XVI payments, or the amount of CITATIONS: Sections 702(a)(5) of the clearly shows on its face that an error was made.’’) the individual’s title II benefits or title XVI 6 Social Security Ruling 85–6c (https:// payments. Social Security Act, as amended; 20 www.ssa.gov/OP_Home/rulings/di/05/SSR85-06-di- 9 See Program Operations Manual System GN CFR 404.988, 404.989, 416.1488, 05.html). 04001.100A (https://secure.ssa.gov/apps10/ 416.1489. 7 20 CFR 404.989(b), 416.1489(b). poms.nsf/lnx/0204001100).

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material to our determination or For Further Information Contact: For 36098, must be filed with the Surface decision; and 3) we reopen and revise further information, including an object Transportation Board, 395 E Street SW., the determination or decision within the list, contact the Office of Public Washington, DC 20423–0001. In following time frames: Diplomacy and Public Affairs in the addition, one copy of each pleading • For claims under title II of the Office of the Legal Adviser, U.S. must be served on Charles H. Montange, Social Security Act (Act), within four Department of State (telephone: 202– 426 NW 162d St., Seattle, WA 98177. years of the notice of the initial 632–6471; email: section2459@ According to BG&CM, this action is determination, for good cause, under 20 state.gov). The mailing address is U.S. categorically excluded from CFR 404.988(b), 404.989(a)(3); Department of State, L/PD, SA–5, Suite environmental review under 49 CFR • For claims under title II of the Act, 5H03, Washington, DC 20522–0505. 1105.6(c). at any time, if the determination or Board decisions and notices are Alyson Grunder, decision was fully or partially available on our Web site at unfavorable, under 20 CFR Deputy Assistant Secretary for Policy, Bureau WWW.STB.GOV. of Educational and Cultural Affairs, 404.988(c)(8); and • Department of State. Decided: February 24, 2017. For claims under title XVI of the By the Board, Rachel D. Campbell, Act, within two years of the notice of [FR Doc. 2017–04039 Filed 2–28–17; 8:45 am] BILLING CODE 4710–05–P Director, Office of Proceedings. the initial determination, for good Jeffrey Herzig, cause, under 20 CFR 416.1488(b), Clearance Clerk. 416.1489(a)(3). SURFACE TRANSPORTATION BOARD [FR Doc. 2017–03977 Filed 2–28–17; 8:45 am] CROSS REFERENCES: Social Security BILLING CODE 4915–01–P Ruling 85–6c; Program Operations [Docket No. FD 36098] Manual System GN 04001.100A, GN 04010.020, GN 04020.080. BG & CM Railroad, Inc.—Acquisition and Operation Exemption—Rail Line of SURFACE TRANSPORTATION BOARD [FR Doc. 2017–03932 Filed 2–28–17; 8:45 am] Great Northwest Railroad, Inc. [Docket No. FD 36099; Docket No. FD BILLING CODE 4191–02–P 36100; Docket No. FD 36101; Docket No. BG & CM Railroad, Inc. (BG&CM), a FD 36102] Class III rail carrier, has filed a verified DEPARTMENT OF STATE notice of exemption under 49 CFR Indiana Harbor Belt Railroad 1150.41 to acquire from Great Northwest Company—Trackage Rights— [Public Notice 9900] Railroad, Inc. (GNR), and operate Consolidated Rail Corporation, CSX approximately 27.5 miles of rail line Transportation, Inc., and Norfolk Notice of Determinations; Culturally (the Line), between milepost 3.5 at or Southern Railway Company; CSX Significant Object Imported for near Konkolville, Idaho, to the end of Transportation, Inc.—Trackage Exhibition Determinations: the Line at milepost 31.0 at or near Rights—Consolidated Rail Corporation ‘‘Michelangelo: Divine Draftsman and Jaype, Idaho, in Clearwater County, and Norfolk Southern Railway Designer’’ Exhibition Idaho.1 Company; Norfolk Southern Railway BG&CM certifies that the projected Company—Trackage Rights— Summary: Notice is hereby given of annual revenues as a result of this Consolidated Rail Corporation and the following determinations: Pursuant transaction will not result in the CSX Transportation, Inc.; and to the authority vested in me by the Act creation of a Class II or Class I rail Consolidated Rail Corporation— of October 19, 1965 (79 Stat. 985; 22 carrier and will not exceed $5 million. Trackage Rights—CSX Transportation, U.S.C. 2459), E.O. 12047 of March 27, BG&CM further certifies that the Inc. and Norfolk Southern Railway 1978, the Foreign Affairs Reform and transaction does not include Company Restructuring Act of 1998 (112 Stat. interchange commitments. 2681, et seq.; 22 U.S.C. 6501 note, et The transaction may be consummated The Indiana Harbor Belt Railroad seq.), Delegation of Authority No. 234 of on March 15, 2017, the effective date of Company (IHB), Consolidated Rail October 1, 1999, Delegation of Authority the exemption (30 days after the Corporation (Conrail), CSX No. 236–3 of August 28, 2000 (and, as exemption was filed). Transportation, Inc. (CSXT), and appropriate, Delegation of Authority No. If the notice contains false or Norfolk Southern Railway Company 257–1 of December 11, 2015), I hereby misleading information, the exemption (NSR) (collectively, the Parties) have determine that an object to be included is void ab initio. Petitions to revoke the submitted four combined verified in the exhibition ‘‘Michelangelo: Divine exemption under 49 U.S.C. 10502(d) notices of exemption in these four Draftsman and Designer,’’ imported may be filed at any time. The filing of dockets pursuant to the class exemption from abroad for temporary exhibition a petition to revoke will not at 49 CFR 1180.27(d)(7) for trackage within the United States, is of cultural automatically stay the transaction. rights over rail lines and ancillary significance. The object is imported Petitions for stay must be filed no later trackage owned by Conrail, CSXT, and pursuant to a loan agreement with the than March 8, 2017 (at least 7 days NSR in the vicinity of Gibson and foreign owner or custodian. I also before the exemption becomes Ivanhoe, Ind., and Calumet Park, Ill. The determine that the exhibition or display effective). trackage rights are pursuant to a written of the exhibit object at The Metropolitan An original and 10 copies of all trackage rights agreement (Agreement) Museum of Art, New York, New York, pleadings, referring to Docket No. FD to be entered into among IHB, Conrail, from on or about November 6, 2017, CSXT, and NSR.1 until on or about February 12, 2018, and 1 The Line was authorized for abandonment in at possible additional exhibitions or 2004. See Great Nw. R.R.—Aban. in Clearwater Cty., 1 The Parties state that, pursuant to 49 CFR venues yet to be determined, is in the Idaho., AB 872X (STB served Nov. 1, 2004). 1180.6(a)(7), a copy of the executed Agreement will However, the abandonment was never be filed with the Board within 10 days of its national interest. I have ordered that consummated due to an unfulfilled historic execution. A redacted copy of the Agreement was Public Notice of these Determinations preservation condition, and the Line remains an filed with the notices of exemption. An unredacted be published in the Federal Register. active line of railroad. copy also was filed under seal along with a motion

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In Docket No. FD 36099, Conrail, trackage rights is to allow IHB to Street SW., Washington, DC 20423– CSXT, and NSR have agreed to grant continue to operate the Rail Properties 0001. In addition, a copy of each IHB local and overhead trackage rights: with updated compensation and other pleading must be served on Joel (1) Over CSXT’s Kensington Branch (a/ terms. IHB will have the same rights to Cornfeld, Indiana Harbor Belt Railroad k/a East-West Line), between CSXT supervise, dispatch, and maintain the Company, 2721 161st Street, Hammond, milepost 259.4 at the Ivanhoe Rail Properties as it has had in the past. IN 46323–1099; Robert M. Jenkins III, intersection in Gary, Ind., and Conrail Conrail, CSXT, and NSR will retain the Mayer Brown LLP, 1999 K Street NW., milepost 266.6 at the intersection of rights to operate on the properties they Washington, DC 20006–1101; Paul R. Alice Avenue in Calumet City, Ill., own and, at their election, the same Hitchcock, CSX Transportation, Inc., including ancillary trackage; (2) over rights to supervise, maintain, and 500 Water Street, Jacksonville, FL NSR’s Danville Branch (a/k/a the dispatch the trackage involved as 32202; and David L. Coleman, Norfolk Indiana Harbor Line), between milepost Conrail retained when it owned all the Southern Railway Company, Three 0.0 at the intersection of Block Avenue Rail Properties.3 Commercial Place, Norfolk, VA 23510. in East Chicago, Ind., and milepost In Docket Nos. FD 36100, 36101, and According to the Parties, this action is 6.30 +/¥ at the intersection of Little 36102, Conrail, CSXT, and NSR will categorically excluded from Calumet River in Hammond, Ind., grant each other local and overhead environmental review under 49 CFR including ancillary trackage; (3) over trackage rights over each other’s lines 1105.6(c). Conrail’s Dune Park Branch, between and ancillary trackage described above. Board decisions and notices are milepost 1.80 at the Ivanhoe The purpose of these trackage rights is available on our Web site at intersection in Gary, Ind., and milepost to: (1) Recognize the rights of CSXT and WWW.STB.GOV. 4.63 at the intersection of Chase Street NSR for full, joint, and equal operations Decided: February 23, 2017. in Gary, Ind., including ancillary over the Rail Properties, including trackage; (4) over Conrail’s Kensington trackage rights, as authorized by the IHB By the Board, Rachel D. Campbell, Director, Office of Proceedings. Branch, between Conrail milepost 266.6 Agreement, (2) grant Conrail equivalent at the intersection of Alice Avenue in trackage rights over CSXT’s and NSR’s Raina S. Contee, Calumet City, Ill., and milepost 270.6 at lines, and (3) provide common terms for Clearance Clerk. the intersection of 124th Street in East such trackage rights operations. [FR Doc. 2017–03949 Filed 2–28–17; 8:45 am] Chicago, Ind., including ancillary The Parties state that the Agreement BILLING CODE 4915–01–P trackage; (5) over Conrail’s Cast Armour does not contain interchange Lead (between the intersections of commitments. Dickey Road and Canal Street in East The transaction may be consummated DEPARTMENT OF TRANSPORTATION Chicago, Ind.) and Harbison Walker on March 15, 2017, the effective date of Lead (between the intersections of the exemptions (30 days after the Federal Highway Administration combined verified notices were filed). Indiana Harbor Canal and Kennedy [Docket No. FHWA–2016–0015] Avenue in East Chicago, Ind.); and (6) As a condition to these exemptions, any employees affected by the trackage over Conrail’s Gibson Yard (between Emergency Route Working Group— rights will be protected by the Howard Avenue and Kennedy Avenue Amended Notice of Public Meeting in Hammond, Ind.), Gibson Transfer conditions imposed in Norfolk & Western Railway—Trackage Rights— Yard (between Kennedy Avenue and AGENCY: Federal Highway Burlington Northern, Inc., 354 I.C.C. 605 Ivanhoe intersection in Gary, Ind.), and Administration (FHWA); DOT. (1978), as modified in Mendocino Coast Michigan Avenue Yard (between ACTION: Notice of public meeting. Railway—Lease & Operate—California Michigan Avenue and 144th Street in Western Railroad, 360 I.C.C. 653 (1980). SUMMARY: This notice amends the time, East Chicago, Ind.) (the Rail These notices are filed under 49 CFR Properties).2 The purpose of the date, and location of the third meeting 1180.2(d)(7). If the notices contain false of the Emergency Route Working Group or misleading information, the for protective order pursuant to 49 CFR 1104.14(b). (ERWG). That motion will be addressed in a separate exemptions are void ab initio. Petitions DATES: The third public meeting will be decision. to revoke the exemptions under 49 held on Wednesday, March 15, 2017, 2 According to the Parties, IHB, which is 51%- U.S.C. 10502(d) may be filed at any from 9 a.m. to 5 p.m., e.t., and owned by Conrail, has previously operated under time. The filing of a petition to revoke 99-year trackage rights agreements with Thursday, March 16, 2017, from 9 a.m. predecessors in interest of Conrail, dated April 9, will not automatically stay the to 3 p.m. effectiveness of the exemptions. 1906 (1906 Agreement) and September 30, 1913 ADDRESSES: Both sessions of this public (1913 Agreement). Under those agreements, IHB has Petitions for stay must be filed by March supervised, maintained, and dispatched the Rail 8, 2017 (at least seven days before the meeting will be held at the Edison Properties. Under the same agreements, Conrail exemptions become effective). Electric Institute, 701 Pennsylvania retained the right to operate, and, at its election, to Avenue NW., Washington, DC 20004. supervise, maintain, and dispatch the same lines. An original and 10 copies of all Pursuant to a transaction agreement approved by pleadings, referring to Docket No. FD FOR FURTHER INFORMATION CONTACT: the Board in CSX Corp.—Control & Operating 36099, et al., must be filed with the Crystal Jones, FHWA Office of Freight Leases/Agreements—Conrail, Inc., 3 S.T.B. 196 Surface Transportation Board, 395 E Management and Operations, (202) 366– (1998), portions of the IHB-operated properties owned by Conrail were allocated to New York 2976, or via email at Crystal.Jones@ Central Lines LLC and Pennsylvania Lines, LLC, Treatment’’ that are ‘‘subject to special dot.gov or [email protected]. For legal and subsequently to CSXT and NSR. See CSX arrangements that provide for a sharing of routes or questions, contact Seetha Srinivasan, Corp.—Control & Operating Leases/Agreements— facilities to a certain extent’’). The 1906 Agreement FHWA Office of the Chief Counsel, Conrail, Inc., 7 S.T.B. 205 (2003). As part of the and 1913 Agreement expired by their terms, approved transaction, CSX Corporation and Norfolk respectively, in 2005 and 2012. (202) 366–4099 or via email at Southern Corporation entered into an agreement 3 Conrail has no current operations on the Rail [email protected]. Office hours (the IHB Agreement) that gave CSXT and NSR full, Properties, but it has always had the right to operate for FHWA are from 8:00 a.m. to 4:30 joint, and equal use of the Rail Properties, including on its own properties. CSXT and NSR have p.m., e.t., Monday through Friday, trackage rights over those properties. See CSX operations over the properties they own and, under Corp., 3 S.T.B. at 228–229 (including the Rail the IHB Agreement, they have the right to operate except Federal holidays. Properties among the ‘‘Other Areas with Special over the remainder of the Rail Properties. SUPPLEMENTARY INFORMATION:

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Electronic Access ACTION: Joint notice and request for (FFIEC 101), 400 7th Street SW., Suite An electronic copy of this notice may comment. 3E–218, mail stop 9W–11, Washington, DC 20219. In addition, comments may be downloaded from the Federal SUMMARY: In accordance with the Register’s home page at: http:// be sent by fax to (571) 465–4326. You requirements of the Paperwork may personally inspect and photocopy www.archives.gov; the Government Reduction Act (PRA) of 1995, the OCC, Publishing Office’s database at: https:// comments at the OCC, 400 7th Street the Board, and the FDIC (the agencies) SW., Washington, DC 20219. For www.gpo.gov/fdsys/; or the specific may not conduct or sponsor, and the docket page at: www.regulations.gov. security reasons, the OCC requires that respondent is not required to respond visitors make an appointment to inspect Background to, an information collection unless it comments. You may do so by calling displays a currently valid Office of (202) 649–6700 or, for persons who are Amended date and location for the Management and Budget (OMB) control deaf or hard of hearing, TTY, (202) 649– third ERWG meeting: Pursuant to the number. The agencies, under the 5597. Upon arrival, visitors will be Federal Advisory Committee Act, auspices of the Federal Financial required to present valid government- FHWA’s Office of Freight Management Institutions Examination Council issued photo identification and to and Operations issued a notice for three (FFIEC), have approved the publication submit to security screening in order to meetings in the Federal Register at 81 of proposed revisions to the Regulatory inspect and photocopy comments. FR 95266. The FHWA has held two of Capital Reporting for Institutions the three announced public meetings. Subject to the Advanced Capital All comments received, including The third meeting was originally Adequacy Framework (FFIEC 101) for attachments and other supporting scheduled for Thursday, March 16, public comment. The FFIEC 101 is materials, are part of the public record 2017, from 8:30 a.m. to 4 p.m., e.t., at completed only by banking and subject to public disclosure. Do not DOT Headquarters. This meeting has organizations subject to the advanced enclose any information in your been rescheduled for Wednesday, approaches risk-based capital rule. comment or supporting materials that March 15, 2017, from 9 a.m. to 5 p.m., Generally, this rule applies to banking you consider confidential or e.t., and Thursday, March 16, 2017, organizations with $250 billion or more inappropriate for public disclosure. from 9 a.m. to 3 p.m., at the Edison in total consolidated assets or $10 Board: You may submit comments, Electric Institute in Washington, DC. billion or more in on-balance sheet which should refer to ‘‘FFIEC 101,’’ by Minutes and Public Participation: foreign exposures (advanced approaches any of the following methods: This meeting is open to the public. banking organizations). • Agency Web site: http:// Procedure for public comment is The proposed revisions would remove www.federalreserve.gov. Follow the available in the original meeting notice. two credit valuation adjustment (CVA) instructions for submitting comments at: An electronic copy of the minutes from items from the exposure at default http://www.federalreserve.gov/ all three ERWG meetings will be (EAD) column on FFIEC 101 Schedule generalinfo/foia/ProposedRegs.cfm. available for download within 60 days B, Summary Risk-Weighted Asset • Federal eRulemaking Portal: http:// of each meeting at: http:// Information for Banks Approved to Use www.regulations.gov. Follow the ops.fhwa.dot.gov/fastact/erwg/ Advanced Internal Ratings-Based and instructions for submitting comments. index.htm. Advanced Measurement Approaches for • Email: regs.comments@ Regulatory Capital Purposes (items 31.a Authority: Section 5502 of Pub. L. 114–94; federalreserve.gov. Include reporting 5 U.S.C. Appendix 2; 41 CFR 102–3.65; 49 and 31.b, column D). Advanced form number in the subject line of the CFR 1.85. approaches banking organizations message. would discontinue reporting the EAD • Issued on: February 27, 2017. CVA data items on FFIEC 101 Schedule Fax: (202) 452–3819 or (202) 452– Walter C. Waidelich, Jr., B effective with the June 30, 2017, 3102. • Acting Deputy Administrator, Federal reporting date. Mail: Robert DeV. Frierson, Highway Administration. At the end of the comment period, the Secretary, Board of Governors of the [FR Doc. 2017–04056 Filed 2–27–17; 4:15 pm] comments will be analyzed to determine Federal Reserve System, 20th Street and BILLING CODE 4910–22–P the extent to which the FFIEC and the Constitution Avenue NW., Washington, agencies should modify the proposed DC 20551. revisions. The agencies will then submit All public comments are available the proposed revisions to OMB for from the Board’s Web site at DEPARTMENT OF THE TREASURY review and final approval. www.federalreserve.gov/generalinfo/ DATES: Comments must be submitted on foia/ProposedRegs.cfm as submitted, Office of the Comptroller of the or before May 1, 2017. unless modified for technical reasons. Currency ADDRESSES: Interested parties are Accordingly, your comments will not be invited to submit written comments to edited to remove any identifying or FEDERAL RESERVE SYSTEM any or all of the agencies. All comments, contact information. Public comments which should refer to the OMB control may also be viewed electronically or in FEDERAL DEPOSIT INSURANCE number(s), will be shared among the paper in Room MP–500 of the Board’s CORPORATION agencies. Martin Building (20th and C Streets OCC: Because paper mail in the NW.) between 9:00 a.m. and 5:00 p.m. Proposed Agency Information on weekdays. Collection Activities; Comment Washington, DC, area and at the OCC is FDIC: You may submit comments, Request subject to delay, commenters are encouraged to submit comments by which should refer to ‘‘FFIEC 101,’’ by AGENCY: Office of the Comptroller of the email, if possible to prainfo@ any of the following methods: Currency (OCC), Treasury; Board of occ.treas.gov. Comments may be sent to: • Agency Web site: https:// Governors of the Federal Reserve Legislative and Regulatory Activities www.fdic.gov/regulations/laws/federal/. System (Board); and Federal Deposit Division, Office of the Comptroller of Follow the instructions for submitting Insurance Corporation (FDIC). the Currency, Attention: 1557–0239 comments on the FDIC Web site.

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• Federal eRulemaking Portal: http:// SUPPLEMENTARY INFORMATION: The holding companies), 12 U.S.C. 1817 www.regulations.gov. Follow the agencies are proposing to extend for (insured state nonmember commercial instructions for submitting comments. three years, with revision, the FFIEC and savings banks), 12 U.S.C. 1464 • Email: [email protected]. 101, which is currently an approved (savings associations), and 12 U.S.C. Include ‘‘FFIEC 101’’ in the subject line collection of information for each 1844(c), 3106, and 3108 (intermediate of the message. agency. holding companies). • Mail: Manuel E. Cabeza, Counsel, Report Title: Risk-Based Capital The agencies use these data to assess Room MB–3007, Attn: Comments, Reporting for Institutions Subject to the and monitor the levels and components Federal Deposit Insurance Corporation, Advanced Capital Adequacy of each reporting entity’s capital 550 17th Street NW., Washington, DC Framework. requirements and the adequacy of the 20429. Form Number: FFIEC 101. entity’s capital under the Advanced • Hand Delivery: Comments may be Frequency of Response: Quarterly. Capital Adequacy Framework; to hand delivered to the guard station at Affected Public: Business or other for- evaluate the impact of the Advanced the rear of the 550 17th Street Building profit. Capital Adequacy Framework on (located on F Street) on business days individual reporting entities and on an between 7:00 a.m. and 5:00 p.m. OCC industry-wide basis and its competitive Public Inspection: All comments OMB Control No.: 1557–0239. implications; and to supplement on-site received will be posted without change Estimated Number of Respondents: 20 examination processes. The reporting to https://www.fdic.gov/regulations/ national banks and federal savings schedules also assist advanced laws/federal/ including any personal associations. approaches banking organizations in information provided. Comments may Estimated Time per Response: 674 understanding expectations relating to be inspected at the FDIC Public burden hours per quarter to file. the system development necessary for Information Center, Room E–1002, 3501 Estimated Total Annual Burden: implementation and validation of the Fairfax Drive, Arlington, VA 22226, 53,920 burden hours to file. Advanced Capital Adequacy between 9:00 a.m. and 5:00 p.m. on Framework. Submitted data that are Board business days. released publicly will also provide other Additionally, commenters may send a OMB Control No.: 7100–0319. interested parties with information copy of their comments to the OMB Estimated Number of Respondents: 6 about advanced approaches banking desk officer for the agencies by mail to state member banks; 16 bank holding organizations’ regulatory capital. the Office of Information and Regulatory companies and savings and loan Affairs, U.S. Office of Management and holding companies; and 6 intermediate Current Actions Budget, New Executive Office Building, holding companies. The agencies are inviting comment on Room 10235, 725 17th Street NW., Estimated Time per Response: 674 a proposal to remove two items from Washington, DC 20503; by fax to (202) burden hours per quarter for state FFIEC 101 Schedule B. No other 395–6974; or by email to oira_ member banks to file, 677 burden hours revisions to the FFIEC 101 report are [email protected]. per quarter for bank holding companies being proposed. FOR FURTHER INFORMATION CONTACT: For and savings and loan holding The two items proposed for removal further information about the proposed companies to file; and 3 burden hours collect EAD information related to CVAs revisions to regulatory reporting per quarter for intermediate holding that already is captured in a separate requirements discussed in this notice, companies to file. item on FFIEC 101 Schedule B. please contact any of the agency Estimated Total Annual Burden: Specifically, the agencies are proposing clearance officers whose names appear 16,176 burden hours for state member to remove column D (EAD) for items below. In addition, copies of the banks to file; 43,328 burden hours for 31.a, ‘‘Credit valuation adjustments— proposed revised FFIEC 101 form and bank holding companies and savings simple approach,’’ and 31.b, ‘‘Credit instructions can be obtained at the and loan holding companies to file; and value adjustments—advanced FFIEC’s Web site (http://www.ffiec.gov/ 72 burden hours for intermediate approach.’’ These line items were added ffiec_report_forms.htm). holding companies to file. to the FFIEC 101 report in March of OCC: Shaquita Merritt, OCC Clearance 2014, and were intended to provide data Officer, (202) 649–5490 or, for persons FDIC pertaining to the CVA requirements who are deaf or hard of hearing, TTY, OMB Control No.: 3064–0159. under the agencies’ regulatory capital (202) 649–5597, Legislative and Estimated Number of Respondents: 2 rules 1 for over-the-counter (OTC) Regulatory Activities Division, Office of insured state nonmember banks and derivative activities. the Comptroller of the Currency, 400 7th state savings associations. Under these rules, CVA is the fair Street SW., Washington, DC 20219. Estimated Time per Response: 674 value adjustment to reflect counterparty Board: Nuha Elmaghrabi, Federal burden hours per quarter to file. credit risk in the valuation of an OTC Reserve Board Clearance Officer, (202) Estimated Total Annual Burden: derivative contract that has a positive 452–3829, Office of the Chief Data 5,392 burden hours to file. fair value. The advanced approaches Officer, Board of Governors of the risk-based capital rules provide two General Description of Reports Federal Reserve System, Washington, approaches for calculating the CVA DC 20551. Telecommunications Device Each advanced approaches banking capital requirement: The simple and for the Deaf (TDD) users may contact organization is required to file quarterly advanced CVA approaches. The (202) 263–4869, Board of Governors of regulatory capital data on the FFIEC conditions for each approach, as well as the Federal Reserve System, 101. The FFIEC 101 information the methods for calculation, are Washington, DC 20551. collection is mandatory for advanced described in section 132 of the FDIC: Manuel E. Cabeza, Counsel, approaches banking organizations: 12 (202) 898–3767, Federal Deposit U.S.C. 161 (national banks), 12 U.S.C. 1 For national banks and federal savings associations, 12 CFR part 3 (OCC); for state member Insurance Corporation, 550 17th Street 324 (state member banks), 12 U.S.C. banks and holding companies, 12 CFR part 217 NW., Room MB–3007, Washington, DC 1844(c) (bank holding companies), 12 (Board); and for state nonmember banks and state 20429. U.S.C. 1467a(b) (savings and loan savings associations, 12 CFR part 324 (FDIC).

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regulatory capital rules. Currently, EAD Dated: February 23, 2017. Individuals information pertaining to CVAs that is Karen Solomon, 1. AL-HASRI, Bassam Ahmad (a.k.a. reported in FFIEC 101 Schedule B Deputy Chief Counsel, Office of the HUSARI, Bassam Ahmad; a.k.a. Comptroller of the Currency. remains confidential, even after an ‘‘AKHLAQ, Abu Ahmad’’; a.k.a. ‘‘AL- institution completes its parallel run Board of Governors of the Federal Reserve SHAMI, Abu Ahmad’’), Syria; DOB 01 System, February 23, 2017. period. Jan 1971 to 31 Dec 1971; alt. DOB 01 Jan The agencies have determined that Robert deV. Frierson, 1969; POB Qalamun, Damascus the EAD information reported in Secretary of the Board. Province, Syria; alt. POB Ghutah, column D of items 31.a and 31.b on Dated at Washington, DC, this 22nd day of Damascus Province, Syria; alt. POB FFIEC 101 Schedule B is already February, 2017. Tadamon, Rif Dimashq, Syria; captured in column D of item 10 (OTC Federal Deposit Insurance Corporation, nationality Syria; alt. nationality derivatives—no cross-product netting— Robert E. Feldman, Palestinian; Gender Male (individual) EAD adjustment method) on FFIEC 101 Executive Secretary. [SDGT] (Linked To: AL-NUSRAH Schedule B. Continuing to collect the [FR Doc. 2017–03943 Filed 2–28–17; 8:45 am] FRONT). same EAD information in both places is BILLING CODE 4810–33–P;6210–01–P; 6714–01–P 2. KHALIL, Iyad Nazmi Salih (a.k.a. not only redundant, but also may be AL-TOUBASI, Iyad; a.k.a. AL-TUBASI, misinterpreted by the users of FFIEC Iyad; a.k.a. KHALIL, Ayyad Nazmi DEPARTMENT OF THE TREASURY 101 data as additional default risk held Salih; a.k.a. KHALIL, Eyad Nazmi Saleh; a.k.a. ‘‘ABU-JULAYBIB’’; a.k.a. ‘‘AL- by the reporting entity. For these Office of Foreign Assets Control reasons, the agencies propose removing DARDA’, Abu’’; a.k.a. ‘‘AL-URDUNI, Abu-Julaybib’’), Syria; DOB 01 Jan 1974 column D for items 31.a and 31.b on Sanctions Actions Pursuant to to 31 Dec 1974; POB Syria; nationality FFIEC 101 Schedule B. Executive Order 13224 Jordan; Gender Male; Passport 286062 The agencies would continue to AGENCY: Office of Foreign Assets (Jordan) issued 05 Apr 1999 expires 04 collect the amount of risk-weighted Control, Treasury. Apr 2004; alt. Passport 654781 (Jordan) assets for CVAs in column G of items ACTION: Notice. issued 01 Jan 2008 to 31 Dec 2010 31.a and 31.b on FFIEC 101 Schedule B. (individual) [SDGT] (Linked To: AL- SUMMARY: The Department of the NUSRAH FRONT). Request for Comment Treasury’s Office of Foreign Assets Dated: February 23, 2017. Public comment is requested on all Control (OFAC) is publishing the names Andrea Gacki, of 2 individuals whose property and aspects of this joint notice. Comments Acting Director, Office of Foreign Assets are invited on interests in property are blocked Control. pursuant to Executive Order 13224 of (a) Whether the collections of September 23, 2001, ‘‘Blocking Property [FR Doc. 2017–03923 Filed 2–28–17; 8:45 am] information that are the subject of this and Prohibiting Transactions With BILLING CODE 4810–AL–P notice are necessary for the proper Persons Who Commit, Threaten To performance of the agencies’ functions, Commit, or Support Terrorism.’’ DEPARTMENT OF THE TREASURY including whether the information has DATES: OFAC’s actions described in this practical utility; notice were effective on February 23, Internal Revenue Service (b) The accuracy of the agencies’ 2017. Proposed Collection; Comment estimates of the burden of the FOR FURTHER INFORMATION CONTACT: Request for TD 9249 information collections as they are Associate Director for Global Targeting, proposed to be revised, including the tel.: 202/622–2420, Assistant Director AGENCY: Internal Revenue Service (IRS), validity of the methodology and for Sanctions Compliance & Evaluation, Treasury. assumptions used; tel.: 202/622–2490, Assistant Director ACTION: Notice and request for for Licensing, tel.: 202/622–2480, Office (c) Ways to enhance the quality, comments. utility, and clarity of the information to of Foreign Assets Control, or Chief be collected; Counsel (Foreign Assets Control), tel.: SUMMARY: The Department of the 202/622–2410, Office of the General (d) Ways to minimize the burden of Treasury, as part of its continuing effort Counsel, Department of the Treasury information collections on respondents, to reduce paperwork and respondent (not toll free numbers). including through the use of automated burden, invites the general public and SUPPLEMENTARY INFORMATION: collection techniques or other forms of other Federal agencies to take this information technology; and Electronic Availability opportunity to comment on proposed and/or continuing information (e) Estimates of capital or start-up The SDN List and additional collections, as required by the costs and costs of operation, information concerning OFAC sanctions Paperwork Reduction Act of 1995. maintenance, and purchase of services programs are available from OFAC’s Currently, the IRS is soliciting to provide information. Web site (www.treas.gov/ofac). comments concerning Escrow Funds Comments submitted in response to this Notice of OFAC Actions and Other Similar Funds. joint notice will be shared among the On February 23, 2017, OFAC blocked DATES: Written comments should be agencies and will be summarized or included the property and interests in property of received on or before May 1, 2017 to be in the agencies’ requests for OMB approval. assured of consideration. All comments will become a matter of public the following 2 individuals pursuant to record. E.O. 13224, ‘‘Blocking Property and ADDRESSES: Direct all written comments Prohibiting Transactions With Persons to Tuawana Pinkston, Internal Revenue Who Commit, Threaten To Commit, or Service, Room 6526, 1111 Constitution Support Terrorism’’: Avenue NW., Washington, DC 20224.

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FOR FURTHER INFORMATION CONTACT: minimize the burden of the collection of Type of Review: Extension of a Requests for additional information or information on respondents, including currently approved collection. copies of regulation should be directed through the use of automated collection Affected Public: Business or other for- to Sara Covington at Internal Revenue techniques or other forms of information profit organizations, individuals, not- Service, Room 6526, 1111 Constitution technology; and (e) estimates of capital for-profit institutions, farms, and Avenue NW., Washington DC 20224, or or start-up costs and costs of operation, Federal, State, local or tribal through the internet, at maintenance, and purchase of services governments. [email protected]. to provide information. Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: Approved: February 21, 2017. 50,000. Title: Escrow Funds and Other Tuawana Pinkston, Estimated Time per Respondents: Similar Funds. IRS Supervisory Tax Analyst. Four (4) hours, 44 minutes. OMB Number: 1545–1631. [FR Doc. 2017–03913 Filed 2–28–17; 8:45 am] Estimated Total Annual Burden Regulation Project Number: TD 9249 BILLING CODE 4830–01–P Hours: 237,000. (REG–209619–93). The following paragraph applies to all Abstract: These regulations would of the collections of information covered amend the final regulations for qualified DEPARTMENT OF THE TREASURY by this notice: settlement funds (QSFs) and would An agency may not conduct or provide new rules for qualified escrows Internal Revenue Service sponsor, and a person is not required to and qualified trusts used in deferred respond to, a collection of information Proposed Collection; Comment section 1031 exchanges; pre-closing unless the collection of information Request for Form 8809 escrows; contingent at-closing escrows; displays a valid OMB control number. and disputed ownership funds. AGENCY: Internal Revenue Service (IRS), Books or records relating to a collection Current Actions: There is no change to Treasury. of information must be retained as long this existing regulation. ACTION: Notice and request for as their contents may become material Type of Review: Extension of a comments. in the administration of any internal currently approved collection. revenue law. Generally, tax returns and Affected Public: Individuals or SUMMARY: The Department of the tax return information are confidential, households, business or other for-profit Treasury, as part of its continuing effort as required by 26 U.S.C. 6103. organizations, not-for-profit institutions to reduce paperwork and respondent Request for Comments: Comments and Federal, state, local or tribal burden, invites the general public and submitted in response to this notice will governments. other Federal agencies to take this be summarized and/or included in the Estimated Number of Respondents: opportunity to comment on proposed request for OMB approval. All 9,300. and/or continuing information comments will become a matter of Estimated Time per Respondent: 24 collections, as required by the public record. Comments are invited on: minutes. Paperwork Reduction Act of 1995. (a) Whether the collection of formation Estimated Total Annual Burden Currently, the IRS is soliciting is necessary for the proper performance Hours: 3,720. comments concerning Form 8809, of the functions of the agency, including The following paragraph applies to all Application for Extension of Time To whether the information shall have of the collections of information covered File Information Returns. practical utility; (b) the accuracy of the by this notice: DATES: Written comments should be agency’s estimate of the burden of the An agency may not conduct or received on or before May 1, 2017 to be collection of information; (c) ways to sponsor, and a person is not required to assured of consideration. enhance the quality, utility, and clarity respond to, a collection of information ADDRESSES: Direct all written comments of the information to be collected; (d) unless the collection of information to Tuawana Pinkston, Internal Revenue ways to minimize the burden of the displays a valid OMB control number. Service, Room 6526, 1111 Constitution collection of information on Books or records relating to a collection Avenue NW., Washington, DC 20224. respondents, including through the use of information must be retained as long FOR FURTHER INFORMATION CONTACT: of automated collection techniques or as their contents may become material Requests for additional information or other forms of information technology; in the administration of any internal copies of the form and instructions and (e) estimates of capital or start-up revenue law. Generally, tax returns and should be directed to Sara Covington, at costs and costs of operation, tax return information are confidential, Internal Revenue Service, Room 6526, maintenance, and purchase of services as required by 26 U.S.C. 6103. 1111 Constitution Avenue NW., to provide information. Request for Comments: Comments Washington, DC 20224, or through the Approved: February 21, 2017. submitted in response to this notice will Internet at [email protected]. be summarized and/or included in the Laurie Brimmer, SUPPLEMENTARY INFORMATION: IRS Senior Tax Analyst. request for OMB approval. All Title: Application for Extension of [FR Doc. 2017–03914 Filed 2–28–17; 8:45 am] comments will become a matter of Time To File Information Returns. public record. Comments are invited on: OMB Number: 1545–1081. BILLING CODE 4830–01–P (a) Whether the collection of Form Number: Form 8809. information is necessary for the proper Abstract: Form 8809 is used to request performance of the functions of the an extension of time to file Forms DEPARTMENT OF THE TREASURY agency, including whether the W–2, W–2G, 1042–S, 1094–C, 1095, Internal Revenue Service information shall have practical utility; 1097, 1098, 1099, 3921, 3922, 5498, or (b)the accuracy of the agency’s estimate 8027. The IRS reviews the information Proposed Collection; Comment of the burden of the collection of contained on the form to determine Request for Regulation Project information; (c) ways to enhance the whether an extension should be granted. quality, utility, and clarity of the Current Actions: There are no changes AGENCY: Internal Revenue Service (IRS), information to be collected; (d) ways to being made to the form at this time. Treasury.

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ACTION: Notice and request for The following paragraph applies to all Treatment of Gain From Disposition of comments. of the collections of information covered Certain Natural Resource Recapture by this notice: Property. SUMMARY: The Department of the An agency may not conduct or DATES: Written comments should be Treasury, as part of its continuing effort sponsor, and a person is not required to to reduce paperwork and respondent received on or before May 1, 2017 to be respond to, a collection of information assured of consideration. burden, invites the general public and unless the collection of information ADDRESSES: other Federal agencies to take this displays a valid OMB control number. Direct all written comments opportunity to comment on proposed Books or records relating to a collection to Tuawana Pinkston, Internal Revenue and/or continuing information of information must be retained as long Service, Room 6526, 1111 Constitution collections, as required by the as their contents may become material Avenue NW., Washington, DC 20224. Paperwork Reduction Act of 1995. in the administration of any internal FOR FURTHER INFORMATION CONTACT: Currently, the IRS is soliciting revenue law. Generally, tax returns and Requests for additional information or comments concerning TD 8556, tax return information are confidential, copies of the regulation should be Computation and Characterization of as required by 26 U.S.C. 6103. directed to Martha R. Brinson, Internal Income and Earnings and Profits Under Request for Comments: Comments Revenue Service, Room 6129, 1111 the Dollar Approximate Separate submitted in response to this notice will Constitution Avenue NW., Washington, Transactions Method of Accounting be summarized and/or included in the DC 20224, or through the Internet at (DASTM). request for OMB approval. All [email protected]. SUPPLEMENTARY INFORMATION: DATES: Written comments should be comments will become a matter of Title: Treatment of Gain From received on or before May 1, 2017 to be public record. Comments are invited on: Disposition of Certain Natural Resource assured of consideration. (a) Whether the collection of information is necessary for the proper Recapture Property. ADDRESSES: Direct all written comments performance of the functions of the OMB Number: 1545–1352. to Tuawana Pinkston, Internal Revenue agency, including whether the Regulation Project Number: TD 8586. Service, Room 6526, 1111 Constitution information shall have practical utility; Abstract: This regulation prescribes Avenue NW., Washington, DC 20224. (b) the accuracy of the agency’s estimate rules for determining the tax treatment FOR FURTHER INFORMATION CONTACT: of the burden of the collection of of gain from the disposition of natural Requests for additional information or information; (c) ways to enhance the resource recapture property in copies of this regulation should be quality, utility, and clarity of the accordance with Internal Revenue Code directed to Martha R. Brinson, Internal information to be collected; (d) ways to section 1254. Gain is treated as ordinary Revenue Service, Room 6129, 1111 minimize the burden of the collection of income in an amount equal to the Constitution Avenue NW., Washington, information on respondents, including intangible drilling and development DC 20224, or through the Internet at through the use of automated collection costs and depletion deductions taken [email protected]. techniques or other forms of information with respect to the property. The SUPPLEMENTARY INFORMATION: technology; and (e) estimates of capital information that taxpayers are required Title: Computation and or start-up costs and costs of operation, to retain will be used by the IRS to Characterization of Income and Earnings maintenance, and purchase of services determine whether a taxpayer has and Profits Under the Dollar to provide information. properly characterized gain on the disposition of section 1254 property. Approximate Separate Transactions Approved: February 21, 2017. Method of Accounting (DASTM). Current Actions: There is no change Tuawana Pinkston, in the paperwork burden previously OMB Number: 1545–1051. IRS Reports Clearance Officer. Regulation Project Number: TD 8556. approved by OMB. [FR Doc. 2017–03915 Filed 2–28–17; 8:45 am] Type of Review: Extension of a Abstract: This regulation provides BILLING CODE 4830–01–P currently approved collection. that taxpayers operating in Affected Public: Individuals and hyperinflationary currencies must use business or other for-profit the United States dollar as their DEPARTMENT OF THE TREASURY organizations. functional currency and compute Estimated Number of Respondents: income using the dollar approximate Internal Revenue Service 400. separate transactions method (DASTM). Estimated Time per Respondent: 5 Proposed Collection; Comment Small taxpayers may elect an alternate hours. method by which to compute income or Request for Regulation Project Estimated Total Annual Burden loss. For prior taxable years in which AGENCY: Internal Revenue Service (IRS), Hours: 2,000. income was computed using the profit Treasury. The following paragraph applies to all and loss method, taxpayers may elect to ACTION: Notice and request for of the collections of information covered recompute their income using DASTM. comments. by this notice: Current Actions: There is no change An agency may not conduct or in the paperwork burden previously SUMMARY: The Department of the sponsor, and a person is not required to approved by OMB. Treasury, as part of its continuing effort respond to, a collection of information Type of Review: Extension of a to reduce paperwork and respondent unless the collection of information currently approved collection. burden, invites the general public and displays a valid OMB control number. Affected Public: Business or other for- other Federal agencies to take this Books or records relating to a collection profit organizations. opportunity to comment on proposed of information must be retained as long Estimated Number of Responses: 700. and/or continuing information as their contents may become material Estimated Time per Respondent: 1 collections, as required by the in the administration of any internal hour, 26 minutes. Paperwork Reduction Act of 1995. revenue law. Generally, tax returns and Estimated Total Annual Burden Currently, the IRS is soliciting tax return information are confidential, Hours: 1,000. comments concerning TD 8586, as required by 26 U.S.C. 6103.

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Request for Comments: Comments Washington, DC 20224, or through the quality, utility, and clarity of the submitted in response to this notice will Internet at [email protected]. information to be collected; (d) ways to be summarized and/or included in the SUPPLEMENTARY INFORMATION: minimize the burden of the collection of request for OMB approval. All Title: Treatment of Disregarded information on respondents, including comments will become a matter of Entities Under Section 752. through the use of automated collection public record. Comments are invited on: OMB Number: 1545–1905. techniques or other forms of information (a) Whether the collection of Regulation Project Number: TD 9289. technology; and (e) estimates of capital information is necessary for the proper Abstract: Generally, the regulation or start-up costs and costs of operation, performance of the functions of the recognizes that only the assets of a maintenance, and purchase of services agency, including whether the disregarded entity that limits its to provide information. information shall have practical utility; member’s liability are available to Approved: February 21, 2017. (b) the accuracy of the agency’s estimate satisfy creditors’ claims under local law. Tuawana Pinkston, of the burden of the collection of The regulation provides rules under IRS Reports Clearance Officer. information; (c) ways to enhance the section 752 for taking into account the [FR Doc. 2017–03919 Filed 2–28–17; 8:45 am] quality, utility, and clarity of the net value of a disregarded entity owned BILLING CODE 4830–01–P information to be collected; (d) ways to by a partner or related person for minimize the burden of the collection of purposes of allocating partnership information on respondents, including liabilities. Specifically, it provides that DEPARTMENT OF THE TREASURY through the use of automated collection in determining the extent to which a techniques or other forms of information partner bears the economic risk of loss Internal Revenue Service technology; and (e) estimates of capital for a partnership liability, payment or start-up costs and costs of operation, obligations of a disregarded entity are Proposed Collection: Comment maintenance, and purchase of services taken into account only to the extent of Request for Form 2032 to provide information. the net value of the disregarded entity. AGENCY: Internal Revenue Service (IRS), Current Actions: There is no change Approved: February 21, 2017. Treasury. Tuawana Pinkston, in the paperwork burden previously ACTION: Notice and request for IRS Reports Clearance Officer. approved by OMB. Type of Review: Extension of a comments. [FR Doc. 2017–03916 Filed 2–28–17; 8:45 am] currently approved collection. BILLING CODE 4830–01–P SUMMARY: The Department of the Affected Public: Business or other for- Treasury, as part of its continuing effort profit organizations, individuals or to reduce paperwork and respondent DEPARTMENT OF THE TREASURY households and not-for-profit burden, invites the general public and institutions. other Federal agencies to take this Internal Revenue Service Estimated Number of Respondents: opportunity to comment on proposed 1,500. and/or continuing information Proposed Collection; Comment Estimated Time per Respondent: 2 collections, as required by the Request for Regulation Project hours. Paperwork Reduction Act of 1995. Estimated Total Annual Burden AGENCY: Internal Revenue Service (IRS), Currently, the IRS is soliciting Hours: 3,000. Treasury. comments concerning Form 2032, The following paragraph applies to all ACTION: Notice and request for Contract Coverage Under Title II of the of the collections of information covered Social Security Act. comments. by this notice: DATES: Written comments should be An agency may not conduct or SUMMARY: The Department of the received on or before May 1, 2017 to be sponsor, and a person is not required to Treasury, as part of its continuing effort assured of consideration. to reduce paperwork and respondent respond to, a collection of information unless the collection of information ADDRESSES: Direct all written comments burden, invites the general public and to Tuawana Pinkston, Internal Revenue other Federal agencies to take this displays a valid OMB control number. Books or records relating to a collection Service, Room 6526, 1111 Constitution opportunity to comment on proposed Avenue NW., Washington, DC 20224. and/or continuing information of information must be retained as long FOR FURTHER INFORMATION CONTACT: collections, as required by the as their contents may become material Requests for additional information or Paperwork Reduction Act of 1995. in the administration of any internal copies of the form and instructions Currently, the IRS is soliciting revenue law. Generally, tax returns and should be directed to Martha R. Brinson, comments concerning TD 9289, tax return information are confidential, Internal Revenue Service, Room 6129, Treatment of Disregarded Entities Under as required by 26 U.S.C. 6103. 1111 Constitution Avenue NW., Section 752. Request for Comments: Comments submitted in response to this notice will Washington, DC 20224, or through the DATES: Written comments should be be summarized and/or included in the Internet at [email protected]. received on or before May 1, 2017 to be request for OMB approval. All SUPPLEMENTARY INFORMATION: assured of consideration. comments will become a matter of Title: Contract Coverage Under Title II ADDRESSES: Direct all written comments public record. Comments are invited on: of the Social Security Act. to Tuawana Pinkston, Internal Revenue (a) Whether the collection of OMB Number: 1545–0137. Service, Room 6526, 1111 Constitution information is necessary for the proper Form Number: 2032. Avenue NW., Washington, DC 20224. performance of the functions of the Abstract: U.S. citizens and resident FOR FURTHER INFORMATION CONTACT: agency, including whether the aliens employed abroad by foreign Requests for copies of the regulation information shall have practical utility; affiliates of American employers are should be directed to Martha R. Brinson, (b) the accuracy of the agency’s estimate exempt from social security taxes. Internal Revenue Service, Room 6129, of the burden of the collection of Under Internal Revenue Code section 1111 Constitution Avenue NW., information; (c) ways to enhance the 3121(l), American employers may file

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an agreement on Form 2032 to waive agency, including whether the Currently, the IRS is soliciting this exemption and obtain social information shall have practical utility; comments concerning representation of security coverage for U.S. citizens and (b) the accuracy of the agency’s estimate taxpayers before the Internal Revenue resident aliens employed abroad by of the burden of the collection of Service. their foreign affiliates. The American information; (c) ways to enhance the DATES: Written comments should be employers can later file Form 2032 to quality, utility, and clarity of the received on or before May 1, 2017 to be cover additional foreign affiliates as an information to be collected; (d) ways to assured of consideration. amendment to their original agreement. minimize the burden of the collection of Current Actions: There are no changes information on respondents, including ADDRESSES: Direct all written comments being made to the form at this time. through the use of automated collection to Tuawana Pinkston, Internal Revenue Type of Review: Extension of a techniques or other forms of information Service, Room 6141, 1111 Constitution currently approved collection. technology; and (e) estimates of capital Avenue NW., Washington, DC 20224. Affected Public: Individuals or or start-up costs and costs of operation, FOR FURTHER INFORMATION CONTACT: households, and business or other for- maintenance, and purchase of services Requests for additional information or profit organizations. to provide information. copies of the form and instructions Estimated Number of Respondents: should be directed to R. Joseph Durbala, 160. Approved: February 16, 2017. Laurie E. Brimmer, at Internal Revenue Service, Room 6129, Estimated Time per Respondent: 6 1111 Constitution Avenue NW., Senior Tax Analyst. hours, 48 minutes. Washington, DC 20224, or through the Estimated Total Annual Burden [FR Doc. 2017–03917 Filed 2–28–17; 8:45 am] internet at [email protected]. Hours: 973. BILLING CODE 4830–01–P The following paragraph applies to all SUPPLEMENTARY INFORMATION: of the collections of information covered Title: Representation of taxpayers by this notice: DEPARTMENT OF THE TREASURY before the Internal Revenue Service. An agency may not conduct or OMB Number: 1545–0150. sponsor, and a person is not required to Internal Revenue Service Form Number: 2848; 2848(SP). respond to, a collection of information Abstract: Form 2848 or Form unless the collection of information Proposed Collection; Comment 2848(SP) is issued to authorize someone displays a valid OMB control number. Request for Representation of to act for the taxpayer in tax matters. It Books or records relating to a collection Taxpayers Before the Internal Revenue grants all powers that the taxpayer has of information must be retained as long Service except signing a return and cashing as their contents may become material AGENCY: Internal Revenue Service (IRS), refund checks. The information on the in the administration of any internal Treasury. form is used to identify representatives and to ensure that confidential revenue law. Generally, tax returns and ACTION: Notice and request for tax return information are confidential, comments. information is not divulged to as required by 26 U.S.C. 6103. unauthorized persons. Request for Comments: Comments SUMMARY: The Department of the Current Actions: There are no changes submitted in response to this notice will Treasury, as part of its continuing effort being made to the form at this time. be summarized and/or included in the to reduce paperwork and respondent Type of Review: Extension of a request for OMB approval. All burden, invites the general public and currently approved collection. comments will become a matter of other Federal agencies to take this Affected Public: Individuals or public record. Comments are invited on: opportunity to comment on proposed households, business or other for-profit (a) Whether the collection of and/or continuing information organizations, not-for-profit institutions, information is necessary for the proper collections, as required by the and farms. performance of the functions of the Paperwork Reduction Act of 1995. The burden estimate is as follows:

Number of Time per responses response Total hours

Form 2848 (paper) ...... 458,333 1.66 755,833 Form 2848(SP) ...... 80,000 2.26 180,800

538,333 ...... 936,633

The following paragraph applies to all Request for Comments: Comments quality, utility, and clarity of the of the collections of information covered submitted in response to this notice will information to be collected; (d) ways to by this notice: be summarized and/or included in the minimize the burden of the collection of An agency may not conduct or request for OMB approval. All information on respondents, including sponsor, and a person is not required to comments will become a matter of through the use of automated collection respond to, a collection of information public record. Comments are invited on: techniques or other forms of information unless the collection of information (a) Whether the collection of technology; and (e) estimates of capital displays a valid OMB control number. information is necessary for the proper or start-up costs and costs of operation, Books or records relating to a collection performance of the functions of the maintenance, and purchase of services of information must be retained as long agency, including whether the to provide information. as their contents may become material in the administration of any internal information shall have practical utility; revenue law. Generally, tax returns and (b) the accuracy of the agency’s estimate tax return information are confidential, of the burden of the collection of as required by 26 U.S.C. 6103. information; (c) ways to enhance the

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Approved: February 21, 2017. makes an intentional misrepresentation DEPARTMENT OF THE TREASURY R. Joseph Durbala, of material fact. This standard applies to Tax Analyst, IRS. all rescissions, whether in the group or Internal Revenue Service individual insurance market, or self- [FR Doc. 2017–03920 Filed 2–28–17; 8:45 am] Proposed Collection; Comment BILLING CODE 4830–01–P insured coverage. The collections under this approval number relate to standards Request for Form 4562 for rescission, including that the rules of AGENCY: Internal Revenue Service (IRS), DEPARTMENT OF THE TREASURY PHS Act section 2712 apply whether the Treasury. coverage is rescinded for an individual Internal Revenue Service ACTION: Notice and request for or a group. comments. Proposed Collection; Comment Current Actions: There is no change to SUMMARY: The Department of the Request Regarding Affordable Care this existing regulation. Treasury, as part of its continuing effort Act Notice Relating to Rescissions Type of Review: Extension of a to reduce paperwork and respondent AGENCY: Internal Revenue Service (IRS), currently approved collection. burden, invites the general public and Treasury. Affected Public: Business or other for- other Federal agencies to take this ACTION: Notice and request for profit organizations. opportunity to comment on proposed comments. Estimated Number of Respondents: and/or continuing information 800. collections, as required by the SUMMARY: The Department of the Paperwork Reduction Act of 1995. Treasury, as part of its continuing effort Estimated Total Annual Burden Currently, the IRS is soliciting to reduce paperwork and respondent Hours: 25 Hours. comments concerning Form 4562, burden, invites the general public and The following paragraph applies to all Depreciation and Amortization other Federal agencies to take this of the collections of information covered (Including Information on Listed opportunity to comment on proposed by this notice: Property). and/or continuing information An agency may not conduct or DATES: collections, as required by the Written comments should be sponsor, and a person is not required to Paperwork Reduction Act of 1995. received on or before May 1, 2017 to be respond to, a collection of information Currently, the IRS is soliciting assured of consideration. unless the collection of information comments concerning the Affordable ADDRESSES: Direct all written comments displays a valid OMB control number. Care Act notice of rescission. to Tuawana Pinkston, Internal Revenue Books or records relating to a collection DATES: Written comments should be Service, Room 6526, 1111 Constitution of information must be retained as long Avenue NW., Washington, DC 20224. received on or before May 1, 2017. To as their contents may become material be assured of consideration. FOR FURTHER INFORMATION CONTACT: in the administration of any internal Requests for additional information or ADDRESSES: Direct all written comments revenue law. Generally, tax returns and to Tuawana Pinkston, Internal Revenue copies of the form and instructions tax return information are confidential, should be directed to Sara Covington, Service, Room 6141, 1111 Constitution as required by 26 U.S.C. 6103. Avenue NW., Washington, DC 20224. 1111 Constitution Avenue NW., Request for Comments: Comments Washington, DC 20224, or through the FOR FURTHER INFORMATION CONTACT: submitted in response to this notice will Requests for additional information or internet, at [email protected]. be summarized and/or included in the copies of the regulations should be SUPPLEMENTARY INFORMATION: request for OMB approval. All directed to R. Joseph Durbala, (202) Title: Depreciation and Amortization comments will become a matter of 317–5746, or at Internal Revenue (Including Information on Listed Service, Room 6129, 1111 Constitution public record. Comments are invited on: Property). Avenue NW., Washington DC 20224, or (a) Whether the collection of OMB Number: 1545–0172. through the internet, at information is necessary for the proper Form Number: Form 4562. [email protected]. performance of the functions of the Abstract: Form 4562 is used to claim Title: Affordable Care Act Notice of agency, including whether the a deduction for depreciation and Rescission. information shall have practical utility; amortization; to make the election to OMB Number: 1545–2180. (b) the accuracy of the agency’s estimate expense certain tangible property under Regulation Project Number: TD 9744. of the burden of the collection of Internal Revenue Code section 179; and Abstract: Treasury Decision 9744 information; (c) ways to enhance the to provide information on the business/ contains final regulations regarding quality, utility, and clarity of the investment use of automobiles and other grandfathered health plans, preexisting information to be collected; (d) ways to listed property. The form provides the condition exclusions, lifetime and minimize the burden of the collection of IRS with the information necessary to annual dollar limits on benefits, information on respondents, including determine that the correct depreciation rescissions, coverage of dependent through the use of automated collection deduction is being claimed. children to age 26, internal claims and techniques or other forms of information Current Actions: There are no changes appeal and external review processes, technology; and (e) estimates of capital being made to Form 4562 at this time. and patient protections under the or start-up costs and costs of operation, Type of Review: Extension of a Affordable Care Act. The Public Health maintenance, and purchase of services currently approved collection. Service Act (PHS) Act section 2712, as to provide information. Affected Public: Business or other for- added by the Affordable Care Act, Approved: February 16, 2017. profit organizations, farms, and provides that a group health plan or individuals. health insurance issuer offering group or R. Joseph Durbala, Estimated Number of Respondents: individual health insurance coverage Tax Analyst, IRS. 12,313,626. must not rescind coverage unless a [FR Doc. 2017–03918 Filed 2–28–17; 8:45 am] Estimated Time per Respondent: 39 covered individual commits fraud or BILLING CODE 4830–01–P hours, 36 minutes.

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Estimated Total Annual Burden tax return information are confidential, quality, utility, and clarity of the Hours: 448,368,447. as required by 26 U.S.C. 6103. information to be collected; (d) ways to The following paragraph applies to all Request for Comments: Comments minimize the burden of the collection of submitted in response to this notice will of the collections of information covered information on respondents, including be summarized and/or included in the by this notice: through the use of automated collection request for OMB approval. All techniques or other forms of information An agency may not conduct or comments will become a matter of technology; and (e) estimates of capital sponsor, and a person is not required to public record. Comments are invited on: or start-up costs and costs of operation, respond to, a collection of information (a) Whether the collection of maintenance, and purchase of services unless the collection of information information is necessary for the proper to provide information. displays a valid OMB control number. performance of the functions of the Approved: February 21, 2017. Books or records relating to a collection agency, including whether the of information must be retained as long information shall have practical utility; Tuawana Pinkston, as their contents may become material (b) the accuracy of the agency’s estimate IRS Supervisory Tax Analyst. in the administration of any internal of the burden of the collection of [FR Doc. 2017–03922 Filed 2–28–17; 8:45 am] revenue law. Generally, tax returns and information; (c) ways to enhance the BILLING CODE 4830–01–P

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Part II

The President

Executive Order 13777—Enforcing the Regulatory Reform Agenda

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Federal Register Presidential Documents Vol. 82, No. 39

Wednesday, March 1, 2017

Title 3— Executive Order 13777 of February 24, 2017

The President Enforcing the Regulatory Reform Agenda

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to lower regulatory burdens on the American people by implementing and enforcing regulatory reform, it is hereby ordered as follows: Section 1. Policy. It is the policy of the United States to alleviate unnecessary regulatory burdens placed on the American people. Sec. 2. Regulatory Reform Officers. (a) Within 60 days of the date of this order, the head of each agency, except the heads of agencies receiving waivers under section 5 of this order, shall designate an agency official as its Regulatory Reform Officer (RRO). Each RRO shall oversee the implementation of regulatory reform initiatives and policies to ensure that agencies effectively carry out regulatory reforms, consistent with applicable law. These initiatives and policies include: (i) Executive Order 13771 of January 30, 2017 (Reducing Regulation and Controlling Regulatory Costs), regarding offsetting the number and cost of new regulations; (ii) Executive Order 12866 of September 30, 1993 (Regulatory Planning and Review), as amended, regarding regulatory planning and review; (iii) section 6 of Executive Order 13563 of January 18, 2011 (Improving Regulation and Regulatory Review), regarding retrospective review; and (iv) the termination, consistent with applicable law, of programs and activities that derive from or implement Executive Orders, guidance documents, policy memoranda, rule interpretations, and similar documents, or relevant portions thereof, that have been rescinded. (b) Each agency RRO shall periodically report to the agency head and regularly consult with agency leadership. Sec. 3. Regulatory Reform Task Forces. (a) Each agency shall establish a Regulatory Reform Task Force composed of: (i) the agency RRO; (ii) the agency Regulatory Policy Officer designated under section 6(a)(2) of Executive Order 12866; (iii) a representative from the agency’s central policy office or equivalent central office; and (iv) for agencies listed in section 901(b)(1) of title 31, United States Code, at least three additional senior agency officials as determined by the agency head. (b) Unless otherwise designated by the agency head, the agency RRO shall chair the agency’s Regulatory Reform Task Force. (c) Each entity staffed by officials of multiple agencies, such as the Chief Acquisition Officers Council, shall form a joint Regulatory Reform Task Force composed of at least one official described in subsection (a) of this section from each constituent agency’s Regulatory Reform Task Force. Joint Regulatory Reform Task Forces shall implement this order in coordination with the Regulatory Reform Task Forces of their members’ respective agencies.

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(d) Each Regulatory Reform Task Force shall evaluate existing regulations (as defined in section 4 of Executive Order 13771) and make recommendations to the agency head regarding their repeal, replacement, or modification, consistent with applicable law. At a minimum, each Regulatory Reform Task Force shall attempt to identify regulations that: (i) eliminate jobs, or inhibit job creation; (ii) are outdated, unnecessary, or ineffective; (iii) impose costs that exceed benefits; (iv) create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies; (v) are inconsistent with the requirements of section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note), or the guidance issued pursuant to that provision, in particular those regulations that rely in whole or in part on data, information, or methods that are not publicly available or that are insufficiently transparent to meet the standard for reproducibility; or (vi) derive from or implement Executive Orders or other Presidential directives that have been subsequently rescinded or substantially modified. (e) In performing the evaluation described in subsection (d) of this section, each Regulatory Reform Task Force shall seek input and other assistance, as permitted by law, from entities significantly affected by Federal regulations, including State, local, and tribal governments, small businesses, consumers, non-governmental organizations, and trade associations. (f) When implementing the regulatory offsets required by Executive Order 13771, each agency head should prioritize, to the extent permitted by law, those regulations that the agency’s Regulatory Reform Task Force has identified as being outdated, unnecessary, or ineffective pursuant to subsection (d)(ii) of this section. (g) Within 90 days of the date of this order, and on a schedule determined by the agency head thereafter, each Regulatory Reform Task Force shall provide a report to the agency head detailing the agency’s progress toward the following goals: (i) improving implementation of regulatory reform initiatives and policies pursuant to section 2 of this order; and (ii) identifying regulations for repeal, replacement, or modification. Sec. 4. Accountability. Consistent with the policy set forth in section 1 of this order, each agency should measure its progress in performing the tasks outlined in section 3 of this order. (a) Agencies listed in section 901(b)(1) of title 31, United States Code, shall incorporate in their annual performance plans (required under the Government Performance and Results Act, as amended (see 31 U.S.C. 1115(b))), performance indicators that measure progress toward the two goals listed in section 3(g) of this order. Within 60 days of the date of this order, the Director of the Office of Management and Budget (Director) shall issue guidance regarding the implementation of this subsection. Such guidance may also address how agencies not otherwise covered under this subsection should be held accountable for compliance with this order. (b) The head of each agency shall consider the progress toward the two goals listed in section 3(g) of this order in assessing the performance of the Regulatory Reform Task Force and, to the extent permitted by law, those individuals responsible for developing and issuing agency regulations. Sec. 5. Waiver. Upon the request of an agency head, the Director may waive compliance with this order if the Director determines that the agency generally issues very few or no regulations (as defined in section 4 of Executive Order 13771). The Director may revoke a waiver at any time. The Director shall publish, at least once every 3 months, a list of agencies with current waivers.

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Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, February 24, 2017.

[FR Doc. 2017–04107 Filed 2–28–17; 11:15 am] Billing code 3295–F7–P

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in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List February 21, 2017 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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TABLE OF EFFECTIVE DATES AND TIME PERIODS—MARCH 2017

This table is used by the Office of the dates, the day after publication is A new table will be published in the Federal Register to compute certain counted as the first day. first issue of each month. dates, such as effective dates and When a date falls on a weekend or comment deadlines, which appear in holiday, the next Federal business day agency documents. In computing these is used. (See 1 CFR 18.17)

DATE OF FR 15 DAYS AFTER 21 DAYS AFTER 30 DAYS AFTER 35 DAYS AFTER 45 DAYS AFTER 60 DAYS AFTER 90 DAYS AFTER PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION

March 1 Mar 16 Mar 22 Mar 31 Apr 5 Apr 17 May 1 May 30

March 2 Mar 17 Mar 23 Apr 3 Apr 6 Apr 17 May 1 May 31

March 3 Mar 20 Mar 24 Apr 3 Apr 7 Apr 17 May 2 Jun 1

March 6 Mar 21 Mar 27 Apr 5 Apr 10 Apr 20 May 5 Jun 5

March 7 Mar 22 Mar 28 Apr 6 Apr 11 Apr 21 May 8 Jun 5

March 8 Mar 23 Mar 29 Apr 7 Apr 12 Apr 24 May 8 Jun 6

March 9 Mar 24 Mar 30 Apr 10 Apr 13 Apr 24 May 8 Jun 7

March 10 Mar 27 Mar 31 Apr 10 Apr 14 Apr 24 May 9 Jun 8

March 13 Mar 28 Apr 3 Apr 12 Apr 17 Apr 27 May 12 Jun 12

March 14 Mar 29 Apr 4 Apr 13 Apr 18 Apr 28 May 15 Jun 12

March 15 Mar 30 Apr 5 Apr 14 Apr 19 May 1 May 15 Jun 13

March 16 Mar 31 Apr 6 Apr 17 Apr 20 May 1 May 15 Jun 14

March 17 Apr 3 Apr 7 Apr 17 Apr 21 May 1 May 16 Jun 15

March 20 Apr 4 Apr 10 Apr 19 Apr 24 May 4 May 19 Jun 19

March 21 Apr 5 Apr 11 Apr 20 Apr 25 May 5 May 22 Jun 19

March 22 Apr 6 Apr 12 Apr 21 Apr 26 May 8 May 22 Jun 20

March 23 Apr 7 Apr 13 Apr 24 Apr 27 May 8 May 22 Jun 21

March 24 Apr 10 Apr 14 Apr 24 Apr 28 May 8 May 23 Jun 22

March 27 Apr 11 Apr 17 Apr 26 May 1 May 11 May 26 Jun 26

March 28 Apr 12 Apr 18 Apr 27 May 2 May 12 May 30 Jun 26

March 29 Apr 13 Apr 19 Apr 28 May 3 May 15 May 30 Jun 27

March 30 Apr 14 Apr 20 May 1 May 4 May 15 May 30 Jun 28

March 31 Apr 17 Apr 21 May 1 May 5 May 15 May 30 Jun 29

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