Vol. 83 Wednesday, No. 60 March 28, 2018

Pages 13183–13374

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 83, No. 60

Wednesday, March 28, 2018

Agriculture Department Environmental Management Site-Specific Advisory See Animal and Plant Health Inspection Service Board, Oak Ridge, 13270 See Forest Service See Rural Utilities Service Energy Information Administration NOTICES Animal and Plant Health Inspection Service Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 13271–13272 Determinations: Fever Tick Status of the State of Chihuahua, Excluding Environmental Protection Agency the Municipalities of Guadalupe y Calvo and RULES Morelos, 13222 Air Quality State Implementation Plans; Approvals and Promulgations: Centers for Medicare & Medicaid Services California; Navajo Nation; Salt River Pima-Maricopa NOTICES Indian Community; Correcting Amendments, 13190– Agency Information Collection Activities; Proposals, 13192 Submissions, and Approvals, 13281 Illinois; Redesignation of the Chicago and Granite City Areas to Attainment of the 2008 Lead Standard, Coast Guard 13198–13203 RULES Maryland; Reasonably Available Control Technology for Safety Zones: Cement Kilns, Revisions to Portland Cement Lower Mississippi River, Port Gibson, MS, 13185–13187 Manufacturing Plant and Natural Gas Compression Pensacola Bay, Pensacola, FL, 13187–13190 Station Regulations, and Removal of Nitrogen Oxides NOTICES Reduction and Trading Program Replaced by Other Requests for Nominations: Programs and Regulations, 13192–13196 Great Lakes Pilotage Advisory Committee, 13291 Montana; Revisions to East Helena Lead State Implementation Plan, 13196–13198 Commerce Department See International Trade Administration Export-Import Bank See National Oceanic and Atmospheric Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13277 Submissions, and Approvals, 13226–13228 Federal Aviation Administration Corporation for National and Community Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals: Commercial Space Transportation Licensing Regulations, Application Package for Segal AmeriCorps Education 13340 Award Commitment Form, 13258–13259 Commercial Space Transportation Reusable Launch Vehicle and Reentry Licensing Regulation, 13338 Defense Department Entry Point Filing Form—International Registry, 13340– NOTICES 13341 Agency Information Collection Activities; Proposals, License Requirements for Operation of a Launch Site, Submissions, and Approvals, 13259 13339–13340 Arms Sales, 13259–13262 Maintenance, Preventive Maintenance, Rebuilding, and Alteration, 13339 Education Department Categorical Exclusions and Records of Decision: NOTICES Proposed West Flow Area Navigation Standard Free Application for Federal Student Aid: Instrument Departure Procedures at Phoenix Sky Information to be Verified for the 2019–2020 Award Year, Harbor International Airport, 13338–13339 13266–13269 Privacy Act; System of Records, 13263–13266 Federal Communications Commission NOTICES Energy Department Agency Information Collection Activities; Proposals, See Energy Information Administration Submissions, and Approvals, 13277–13279 See Federal Energy Regulatory Commission NOTICES Federal Energy Regulatory Commission Meetings: NOTICES Biological and Environmental Research Advisory Agency Information Collection Activities; Proposals, Committee, 13269–13270 Submissions, and Approvals, 13275–13277 Environmental Management Site-Specific Advisory Applications: Board, Northern New Mexico, 13270–13271 Florida Southeast Connection, LLC, 13274

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Xcel Energy Services Inc., 13275 See Food and Drug Administration Filings: See Substance Abuse and Mental Health Services City of Dover, DE, 13275 Administration Edison Electric Institute, 13272 Hydroelectric Applications: Homeland Security Department Appalachian Power Co., 13273–13274 See Coast Guard City of Lewiston, ME, 13272–13273 Indian Affairs Bureau Federal Maritime Commission NOTICES NOTICES HEARTH Act Approvals: Agreements Filed, 13279–13280 Apache Tribe of Oklahoma Indian Lands Leasing Act of 2017 Regulations, 13295–13297 Federal Reserve System Business Leasing Regulations, 13292–13295 NOTICES Cheyenne and Arapaho Tribes’ Business Site Leasing Formations of, Acquisitions by, and Mergers of Bank Regulations, 13298–13299 Holding Companies, 13280 Coquille Indian Tribe Ordinance, 13299–13300 Kootenai Tribe of Idaho’s Regulations, 13297–13298 Fish and Wildlife Service Little Traverse Bay Bands of Odawa Indians Business, NOTICES Agricultural, Residential, Wind and Solar Resource, Endangered Species Recovery Permit Applications, 13291– and Wind Energy Evaluation Leases, 13300–13302 13292 Ramona Band of Cahuilla’s Business Site Leasing Food and Drug Administration Ordinance, 13293–13294 RULES Land Acquisitions: Change of Office Name and Address: The Shawnee Tribe, 13300 Cigarettes, Smokeless Tobacco, and Covered Tobacco Interior Department Products; Technical Amendment, 13183 NOTICES See Fish and Wildlife Service Agency Information Collection Activities; Proposals, See Indian Affairs Bureau Submissions, and Approvals: See Land Management Bureau Food Labeling; Calorie Labeling of Articles of Food in See Surface Mining Reclamation and Enforcement Office Vending Machines and Nutrition Labeling of NOTICES Standard Menu Items in Restaurants and Similar Meetings: Retail Food Establishments, 13288–13290 Tribal Information Sessions, 13302 Guidance for Industry on Compounded Drug Products Internal Revenue Service That Are Essentially Copies of an Approved Drug RULES Product, etc., 13286–13288 Allocation of Controlled Group Research Credit, 13183– National Agriculture and Food Defense Strategy Survey, 13185 13284–13286 PROPOSED RULES Premarket Notification for a New Dietary Ingredient, Certain Non-Government Attorneys Not Authorized to 13281–13283 Participate in Examinations of Books and Witnesses as Meetings: a Section 6103(n) Contractor, 13206–13208 Gastrointestinal Drugs Advisory Committee and the NOTICES Pediatric Advisory Committee, 13283–13284 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13346–13347 Foreign Assets Control Office Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Blocking or Unblocking of Persons and Properties, 13344– Regulation Project, 13348–13349 13346 Credit for Indian Coal Production and Inflation Adjustment Forest Service Factor for Calendar Year 2017, 13346 NOTICES Meetings: Environmental Impact Statements; Availability, etc.: Taxpayer Advocacy Panel Tax Forms and Publications Andrew Pickens Ranger District, Sumter National Forest, Project Committee, 13349 SC; Supplement to the 2013 AP Loblolly Pine Requests for Nominations: Removal and Restoration Project, 13222–13225 Electronic Tax Administration Advisory Committee, 13347–13348 General Services Administration Taxpayer Advocacy Panel, 13349–13350 PROPOSED RULES Civilian Board of Contract Appeals: International Trade Administration Rules of Procedure for Contract Disputes Act Cases, NOTICES 13211–13221 Antidumping or Countervailing Duty Investigations, Orders, NOTICES or Reviews: Agency Information Collection Activities; Proposals, Carbon and Alloy Steel Wire Rod from the Republic of Submissions, and Approvals: Turkey, 13239–13241 Contract Financing Final Payment, 13280–13281 Certain Cold-Rolled Steel Flat Products from India, 13255–13257 Health and Human Services Department Certain Hot-Rolled Steel Flat Products from the See Centers for Medicare & Medicaid Services Netherlands, 13232–13233

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Countervailing Duty Investigation of Carbon and Alloy National Oceanic and Atmospheric Administration Steel Wire Rod from Italy, 13242–13244 RULES Electrolytic Manganese Dioxide from the People’s Fisheries of the Economic Exclusive Zone off Alaska: Republic of China, 13254–13255 Deep-Water Species Fishery by Vessels Using Trawl Gear Glycine from the People’s Republic of China, 13235– in Gulf of Alaska, 13205 13236 International Fisheries: Welded Stainless Pressure Pipe from India, 13251–13252 Pacific Tuna Fisheries; Revised 2018 Commercial Fishing Determinations of Sales at Less Than Fair Value: Restrictions for Pacific Bluefin Tuna in the Eastern Carbon and Alloy Steel Wire Rod from Italy, 13230– Pacific Ocean; 2018 Catch Limit, 13203–13205 13232 NOTICES Carbon and Alloy Steel Wire Rod from Spain, 13233– Meetings: 13235 National Integrated Drought Information System Carbon and Alloy Steel Wire Rod from the Republic of Executive Council, 13257–13258 Korea, 13228–13230 Carbon and Alloy Steel Wire Rod from the United Postal Service Kingdom, 13252–13254 NOTICES Carbon and Alloy Steel Wire Rod from Turkey, 13249– Product Changes: 13251 First-Class Package Service Negotiated Service Carton-Closing Staples from the People’s Republic of Agreement, 13315 China, 13236–13239 Plastic Decorative Ribbon from the People’s Republic of China, 13256 Presidential Documents Stainless Steel Flanges from India, 13246–13249 PROCLAMATIONS Stainless Steel Flanges from People’s Republic of China, Trade: 13244–13246 Aluminum; Adjustment of Imports Into the U.S. (Proc. 9710), 13353–13359 International Trade Commission Steel; Adjustment of Imports Into the U.S. (Proc. 9711), NOTICES 13361–13365 ADMINISTRATIVE ORDERS Investigations; Determinations, Modifications, and Rulings, Armed Forces: etc.: Transgender Individuals; Policy on Service in the Certain Audio Processing Hardware, Software, and Military (Memorandum of March 23, 2018), 13367– Products Containing Same: Determination Finding 13368 No Violation of Section 337; Termination, 13304– Defense and National Security: 13305 Cyber-enabled Malicious Activities; Continuation of Certain Bar Code Readers, Scan Engines, Products National Emergency (Notice of March 27, 2018), Containing the Same, and Components Thereof, 13369–13371 13305 South Sudan; Continuation of National Emergency (Notice Certain Internet of Things Devices and Components of March 27, 2018), 13373 Thereof—Web Applications Displayed on a Web Browser, 13305–13306 Rural Utilities Service Judicial Conference of the United States NOTICES NOTICES Funding Availability: Meetings: Rural Broadband Access Loans and Loan Guarantees Committee on Rules of Practice and Procedure, 13306 Program, 13225–13226

Justice Department Securities and Exchange Commission PROPOSED RULES NOTICES Privacy Act; Implementation, 13208–13211 Meetings; Sunshine Act, 13322–13323 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Privacy Act; Systems of Records, 13306–13312 BOX Options Exchange, LLC, 13330–13336 Cboe Exchange, Inc., 13329–13330 Labor Department Miami International Securities Exchange, LLC, 13323– NOTICES 13329 Agency Information Collection Activities; Proposals, Nasdaq PHLX, LLC, 13316–13322 Submissions, and Approvals: Options Clearing Corp., 13315–13316 Excavation Cave-In Protection System Design Standard, 13314–13315 State Department Proximity Detection Systems for Continuous Mining NOTICES Machines in Underground Coal Mines, 13312–13313 Meetings: Respiratory Protection Standard, 13313–13314 Advisory Panel to the U.S. Section of the North Pacific Anadromous Fish Commission, 13337 Land Management Bureau Specially Designated Global Terrorists: NOTICES of Katibat al-Imam al-Bukhari, aka Imam Bukhori Jamaat, Filing of Plats of Survey: aka Imam Bukhari Battalion, aka Imam Bukhari Montana, 13302–13303 Jamaat, etc., 13337

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Substance Abuse and Mental Health Services See Internal Revenue Service Administration U.S.-China Economic and Security Review Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 13290–13291 Open Public Roundtable, 13350 Surface Mining Reclamation and Enforcement Office NOTICES Veterans Affairs Department Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Surface Mining Permit Applications—Minimum Submissions, and Approvals: Requirements for Reclamation and Operation Plan, Eligibility Verification Reports, 13350–13351 13303–13304 Susquehanna River Basin Commission NOTICES Separate Parts In This Issue Meetings: Actions Taken, 13337–13338 Part II Presidential Documents, 13353–13359, 13361–13365, Transportation Department 13367–13368 See Federal Aviation Administration See Transportation Statistics Bureau Part III Transportation Statistics Bureau Presidential Documents, 13369–13371, 13373 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reader Aids Preservation of Records, 13341–13342 Consult the Reader Aids section at the end of this issue for Report of Extension of Credit to Political Candidates, phone numbers, online resources, finding aids, and notice 13343 of recently enacted public laws. Reporting Required for International Civil Aviation Organization, 13343–13344 To subscribe to the Federal Register Table of Contents Submission of Audit Reports, 13342–13343 electronic mailing list, go to https://public.govdelivery.com/ accounts/USGPOOFR/subscriber/new, enter your e-mail Treasury Department address, then follow the instructions to join, leave, or See Foreign Assets Control Office 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 Proclamations: 9710...... 13355 9711...... 13361 Administrative Orders: Memorandums: Memorandum of March 23, 2018 ...... 13367 Notices: Notice of March 27, 2018 ...... 13371 Notice of March 27, 2018 ...... 13373 21 CFR 1140...... 13183 26 CFR 1...... 13183 Proposed Rules: 301...... 13206 28 CFR Proposed Rules: 16...... 13208 33 CFR 165 (2 documents) ...... 13185, 13187 40 CFR 49...... 13190 52 (4 documents) ...... 13190, 13192, 13196, 13198 81...... 13198 48 CFR Proposed Rules: 6101...... 13211 6102...... 13211 50 CFR 300...... 13203 679...... 13205

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Rules and Regulations Federal Register Vol. 83, No. 60

Wednesday, March 28, 2018

This section of the FEDERAL REGISTER Administrative Procedure Act (5 U.S.C. DEPARTMENT OF THE TREASURY contains regulatory documents having general 553). FDA has determined that notice applicability and legal effect, most of which and public comment are unnecessary Internal Revenue Service are keyed to and codified in the Code of because the amendments to the Federal Regulations, which is published under 26 CFR Part 1 50 titles pursuant to 44 U.S.C. 1510. regulations provide only technical changes to correct an office name and [TD 9832] The Code of Federal Regulations is sold by address, and are nonsubstantive. To the RIN 1545–BL76 the Superintendent of Documents. extent that 5 U.S.C. 553(d) applies, FDA has determined that, for the same Allocation of Controlled Group DEPARTMENT OF HEALTH AND reasons, good cause exists for making Research Credit HUMAN SERVICES this rule effective upon publication in the Federal Register. AGENCY: Internal Revenue Service (IRS), Food and Drug Administration Treasury. List of Subjects in 21 CFR Part 1140 ACTION: Final regulations and removal of temporary regulations. 21 CFR Part 1140 Advertising, Labeling, Smoking, [Docket No. FDA–2018–N–0011] Tobacco. SUMMARY: This document contains final regulations relating to the allocation of Cigarettes, Smokeless Tobacco, and Therefore, under the Federal Food, Drug, and Cosmetic Act and under the credit for increasing research Covered Tobacco Products; Change of activities (research credit) to authority delegated to the Commissioner Office Name and Address; Technical corporations and trades or businesses of Food and Drugs, 21 CFR part 1140 is Amendment under common control (controlled amended as follows: AGENCY: Food and Drug Administration, groups). This document also contains HHS. PART 1140—CIGARETTES, final regulations relating to the allocation of the railroad track ACTION: Final rule; technical SMOKELESS TOBACCO, AND maintenance credit and the election for amendment. COVERED TOBACCO PRODUCTS a reduced research credit. SUMMARY: The Food and Drug DATES: Effective date: These regulations ■ 1. The authority citation for part 1140 Administration (FDA or Agency) is are effective on April 2, 2018. amending its Cigarettes, Smokeless continues to read as follows: Applicability date: For dates of Tobacco, and Covered Tobacco Products Authority: 21 U.S.C. 301 et seq., Sec. 102, applicability, see §§ 1.41–6(j), 1.45G– regulations to reflect a change of office Pub. L. 111–31, 123 Stat. 1776. 1(g), and 1.280C–4(c). name and mailing address for the Center ■ 2. Amend § 1140.30 by revising the FOR FURTHER INFORMATION CONTACT: for Tobacco Products’ (CTP’s) Office of last sentence of paragraph (a)(2) to read James Holmes, at (202) 317–4137; (not a Compliance and Enforcement. This toll-free number). as follows: action is editorial in nature and is SUPPLEMENTARY INFORMATION: intended to improve the accuracy of the § 1140.30 Scope of permissible forms of Agency’s regulations. labeling and advertising. Background DATES: This rule is effective March 28, This document amends 26 CFR part 1 2018. (a) * * * to provide rules relating to sections 41, FOR FURTHER INFORMATION CONTACT: May (2) * * * The manufacturer, 45G, and 280C of the Internal Revenue Nelson, Center for Tobacco Products, distributor, or retailer shall send this Code (Code). On April 3, 2015, the Food and Drug Administration, notice to the Office of Compliance and Department of the Treasury (Treasury Document Control Center, 10903 New Enforcement, Center for Tobacco Department) and the IRS published final Hampshire Ave., Bldg. 71, Rm. G335, Products, Food and Drug and temporary regulations (TD 9717) Silver Spring, MD 20993, 1–877–CTP– Administration, Document Control (temporary regulations) in the Federal 1373, [email protected]. Center, 10903 New Hampshire Ave., Register (80 FR 18096) and a notice of SUPPLEMENTARY INFORMATION: FDA is Bldg. 71, Rm. G335, Silver Spring, MD proposed rulemaking by cross-reference amending our regulations in part 1140 20993. to the temporary regulations (REG– 133489–13) in the Federal Register (80 (21 CFR part 1140) to reflect the change * * * * * of an office name and the mailing FR 18171) (proposed regulations). On address in the regulation. The office Dated: March 21, 2018. April 27, 2015, the Treasury Department name was the Office of Compliance and Leslie Kux, and the IRS published corrections to TD the new office name is Office of Associate Commissioner for Policy. 9717 in the Federal Register (80 FR Compliance and Enforcement. The [FR Doc. 2018–06164 Filed 3–27–18; 8:45 am] 23237 and 80 FR 23238). The temporary mailing address for notices submitted regulations expire on April 2, 2018. under § 1140.30(a)(2) is updated to BILLING CODE 4164–01–P The preamble to the temporary CTP’s Document Control Center, 10903 regulations fully describes the updates New Hampshire Ave., Bldg. 71, Rm. to the regulations under sections 41, G335, Silver Spring, MD 20993. 45G, and 280C. See 80 FR 18097, April Publication of this document 3, 2015. The temporary regulations constitutes final action under the updated the section 41 rules in a

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manner that is consistent with the corporations and trades or businesses expenses, basic research payments, and amendments made to section under common control. It is necessary amounts paid or incurred to energy 41(f)(1)(A)(ii) and section 41(f)(1)(B)(ii) to provide this administrative relief for research consortiums are collectively contained in Section 301(c) of the these controlled groups as of April 2, referred to as QREs. American Taxpayer Relief Act of 2012, 2018, the expiration date of the (d) Special rules for consolidated Public Law 112–240, H.R. 8 (ATRA). temporary regulations, to remove groups—(1) In general. For purposes of The temporary regulations also updated impediments to claiming the research applying paragraph (c) of this section, the regulations under § 1.45G–1(f) and and railroad track maintenance credits members of a consolidated group who an example under § 1.280C–4(b)(2) and making the election for a reduced are members of a controlled group are because they are based on the rules of research credit. Accordingly, good cause treated as a single member of the section 41(f) in effect before the ATRA is found for dispensing with a delayed controlled group. amendments. effective date pursuant to 5 U.S.C. * * * * * One written comment responding to 553(d). (3) Special rule for allocation of group the proposed regulations was received. Drafting Information credit among consolidated group No requests for a public hearing were members. The portion of the group made and no public hearing was held. The principal author of these credit that is allocated to a consolidated After consideration of the comment, the regulations is James Holmes, Office of group is allocated to each member of the proposed regulations are adopted the Associate Chief Counsel consolidated group on a proportionate without change by this Treasury (Passthroughs and Special Industries). basis to its share of the aggregate of the decision. However, other personnel from the QREs taken into account for the taxable Treasury Department and the IRS year by such consolidated group for Summary of Comment and Explanation participated in their development. of Provisions purposes of the credit. (e) Examples. The following examples No comments were received related to List of Subjects in 26 CFR Part 1 illustrate the provisions of paragraphs the proposed regulations under section Income taxes, Reporting and (c) and (d) of this section. 41 or section 280C. One commenter recordkeeping requirements. Example 1. Controlled group. A, B, and C requested the regulations under Amendments to the Regulations § 1.45G–1(f)(8) be amended to explicitly are a controlled group. A had $100x, B provide that qualified railroad track Accordingly, 26 CFR part 1 is $300x, and C $500x of qualified research amended as follows: expenses for the year, totaling $900x for the maintenance expenditures (QRTMEs) group. A, in the course of its trade or associated with a track assignment PART 1—INCOME TAXES business, also made a payment of $100x to reside with the assignee (and not with an energy research consortium for energy the track owner) when there has been an ■ Paragraph 1. The authority citation research. The group’s QREs total 1000x and intra-group track assignment. Revising for part 1 is amended by revising the the group calculated its total research credit those rules is beyond the scope of these sectional authority entires for §§ 1.41–6 to be $60x for the year. Based on each regulations. Therefore, the Treasury and 1.280C–4 and adding a sectional member’s proportionate share of the controlled group’s aggregate QREs, A is Department and IRS decline to adopt authority for § 1.45G–1 in numerical the comment. allocated $12x, B $18x, and C $30x of the order to read in part as follows: credit. Effect on Other Documents Authority: 26 U.S.C. 7805 * * * Example 2. Consolidated group is a * * * * * member of controlled group. The controlled The temporary regulations are group’s members are D, E, F, G, and H. F, G, obsolete for taxable years beginning on Section 1.41–6 also issued under 26 U.S.C. and H file a consolidated return and are or after April 2, 2018. 41(f)(1) and 1502. treated as a single member (FGH) of the Special Analyses * * * * * controlled group. D had $240x, E $360x, and FGH $600x of qualified research expenses for Section 1.45G–1 also issued under 26 U.S.C. Certain IRS regulations, including the year ($1,200x aggregate). The group 45G(e)(2). these, are exempt from the requirements calculated its research credit to be $100x for of Executive Order 12866, as * * * * * the year. Based on the proportion of each supplemented and reaffirmed by Section 1.280C–4 also issued under 26 U.S.C. member’s share of QREs to the controlled Executive Order 13563. Therefore, a 280C(c)(4). group’s aggregate QREs for the taxable year regulatory impact assessment is not D is allocated $20x, E $30x, and FGH $50x * * * * * of the credit. The $50x of credit allocated to required. Because the final regulations ■ Par. 2. Section 1.41–6 is amended by FGH is then allocated to the consolidated do not impose a collection of revising paragraphs (c), (d)(1) and (3), group members based on the proportion of information on small entities, the (e), and (j)(4) and (5) to read as follows: each consolidated group member’s share of Regulatory Flexibility Act (5 U.S.C. QREs to the consolidated group’s aggregate chapter 6) does not apply. Pursuant to § 1.41–6 Aggregation of expenditures. QREs. F had $120x, G $240x, and H $240x section 7805(f) of the Code, the notice * * * * * of QREs for the year. Therefore, F is allocated of proposed rulemaking that preceded (c) Allocation of the group credit. The $10x, G is allocated $20x, and H is allocated the final regulations was submitted to group credit is allocated to each member $20x. the Chief Counsel for Advocacy of the of the controlled group on a * * * * * Small Business Administration for proportionate basis to its share of the (j) * * * comment on their impact on small aggregate of the qualified research (4) Taxable years beginning after business. No comments were received expenses, basic research payments, and December 31, 2011. Paragraphs (c), on the proposed regulations. amounts paid or incurred to energy (d)(1) and (3), (e), and (j)(4) and (5) of These final regulations provide research consortiums taken into account this section apply to taxable years necessary guidance for corporations that for the taxable year by such controlled beginning on or after April 2, 2018. For file a consolidated return regarding the group for purposes of the credit. For taxable years ending before April 2, allocation of the group credit to purposes of paragraphs (c), (d), and (e) 2018, see § 1.41–6T as contained in 26 members of certain controlled groups of of this section, qualified research CFR part 1, as revised April 1, 2017.

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(5) Taxable years beginning before controlled group of corporations (within the safety zone for all navigable waters of January 1, 2012. See § 1.41–6 as meaning of section 41(f)(5)). A, B, and C each the Lower Mississippi River, extending contained in 26 CFR part 1, revised attach a statement to the 2012 Form 6765, the entire width of the river, from mile April 1, 2014. ‘‘Credit for Increasing Research Activities,’’ marker (MM) 405 to MM 408. This showing A and C were the only members of emergency safety zone is necessary to § 1.41–6T [Removed] the controlled group to have qualified research expenses when calculating the protect persons, property, and ■ Par. 3. Section 1.41–6T is removed. group credit. A and C report their allocated infrastructure from potential damage ■ Par. 4. Section 1.45G–1 is amended by portions of the group credit on the 2012 Form and safety hazards associated with revising paragraphs (f)(4) and (5) and 6765 and B reports no research credit on vessels transiting this area during high (g)(4) and (5) to read as follows: Form 6765. Pursuant to paragraph (a) of this water. This rule prohibits persons and section, A and B, but not C, each make an vessels from entering the safety zone § 1.45G–1 Railroad track maintenance election for the reduced credit under section area unless specifically authorized by credit. 280C(c)(3)(B) on the 2012 Form 6765. In the Captain of the Port Sector Lower * * * * * December 2013, B determines it had qualified Mississippi River (COTP) or a (f) * * * research expenses in 2012 resulting in an increased group credit. On an amended 2012 designated representative. (4) Allocation of the group credit. The DATES: This rule is effective without group credit is allocated to each member Form 6765, A, B, and C each report their allocated portions of the group credit. B actual notice from March 28, 2018 of the controlled group on a reports its credit as a regular credit under through 7 p.m. on March 31, 2018. For proportionate basis to its share of the section 41(a) and reduces the credit under the purposes of enforcement, actual aggregate of the QRTMEs taken into section 280C(c)(3)(B). C may not reduce its notice will be used from 10 a.m. on account for the taxable year by such credit under section 280C(c)(3)(B) because C March 13, 2018 through March 28, 2018. controlled group for purposes of the did not make an election for the reduced ADDRESSES: To view documents credit. credit with its original return. mentioned in this preamble as being (5) Special rules for consolidated (c) * * * groups—(i) In general. For purposes of available in the docket, go to http:// (2) Taxable years beginning after www.regulations.gov, type USCG–2018– applying paragraph (f)(4) of this section, December 31, 2011. Paragraphs (b)(2) members of a consolidated group who 0229 in the ‘‘SEARCH’’ box and click and (c)(2) and (3) of this section apply ‘‘SEARCH.’’ Click on ‘‘Open Docket are members of a controlled group are to taxable years beginning on or after treated as a single member of the Folder’’ on the line associated with this April 2, 2018. For taxable years ending rule. controlled group. before April 2, 2018, see § 1.280C–4T as (ii) Special rule for allocation of group FOR FURTHER INFORMATION CONTACT: If contained in 26 CFR part 1, as revised you have questions on this rule, call or credit among consolidated group April 1, 2017. members. The portion of the group email Petty Officer Todd Manow, Sector (3) For taxable years ending before Lower Mississippi River Prevention credit that is allocated to a consolidated January 1, 2012. See § 1.280C–4 as group is allocated to each member of the Department, U.S. Coast Guard; contained in 26 CFR part 1, revised telephone 901–521–4813, email consolidated group on a proportionate April 1, 2014. basis to its share of the aggregate of the [email protected]. QRTMEs taken into account for the § 1.280C–4T [Removed] SUPPLEMENTARY INFORMATION: taxable year by such consolidated group ■ Par. 7. Section 1.280C–4T is removed. I. Table of Abbreviations for purposes of the credit. * * * * * Kirsten Wielobob, CFR Code of Federal Regulations COTP Captain of the Port Sector Lower (g) * * * Deputy Commissioner for Services and Enforcement. Mississippi River (4) Taxable years beginning after DHS Department of Homeland Security December 31, 2011. Paragraphs (f)(4) Approved: March 7, 2018. FR Federal Register and (5) and (g)(4) and (5) of this section David J. Kautter, NPRM Notice of proposed rulemaking apply to taxable years beginning on or Assistant Secretary of the Treasury (Tax § Section after April 2, 2018. For taxable years Policy). U.S.C. United States Code ending before April 2, 2018, see [FR Doc. 2018–06241 Filed 3–27–18; 8:45 am] II. Background Information and § 1.45G–1T as contained in 26 CFR part BILLING CODE 4830–01–P Regulatory History 1, as revised April 1, 2017. (5) Taxable years beginning before The Coast Guard is issuing this January 1, 2012. See § 1.45–1 as temporary rule without prior notice and DEPARTMENT OF HOMELAND contained in 26 CFR part 1, revised opportunity to comment pursuant to SECURITY April 1, 2014. authority under section 4(a) of the Administrative Procedure Act (APA) (5 Coast Guard § 1.45G–1T [Removed] U.S.C. 553(b)). This provision ■ authorizes an agency to issue a rule Par. 5. Section 1.45G–1T is removed. 33 CFR Part 165 ■ Par. 6. Section 1.280C–4 is amended without prior notice and opportunity to by revising paragraphs (b)(2) and (c)(2) [Docket Number USCG–2018–0229] comment when the agency for good and (3) to read as follows: cause finds that those procedures are RIN 1625–AA00 ‘‘impracticable, unnecessary, or contrary § 1.280C–4 Credit for increasing research to the public interest.’’ Under 5 U.S.C. activities. Safety Zone; Lower Mississippi River, Port Gibson, MS 553(b)(B), the Coast Guard finds that * * * * * good cause exists for not publishing a (b) * * * AGENCY: Coast Guard, DHS. notice of proposed rulemaking (NPRM) (2) Example. The following example ACTION: Temporary final rule. with respect to this rule because it is illustrates an application of paragraph (b) of impracticable and contrary to the public this section: A, B, and C, all of which are SUMMARY: The Coast Guard is interest. Increasing high water in this calendar year taxpayers, are members of a establishing an emergency temporary area requires immediate action to

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protect persons, property and power enforcement of this safety zone before (MM) 405 to MM 408, in the vicinity of plant infrastructure from the potential March 31, 2018 if the high water event Port Gibson, MS, from 10 a.m. on March safety hazards associated with vessels ceases. Entry into this safety zone is 13, 2018 through 7 p.m. on March 31, transiting this area during high water. prohibited unless specifically 2018. Moreover, the Coast Guard will This safety zone must be established authorized by the COTP or a designated issue Broadcast Notice to Mariners via immediately to protect people and representative. A designated VHF–FM marine channel 16 about the vessels associated with and resulting representative is a commissioned, zone, and the rule allows vessels to seek from the high water and we lack warrant, or petty officer of the U.S. permission to enter the zone. sufficient time to provide a reasonable Coast Guard assigned to units under the comment period and then consider operational control of USCG Sector B. Impact on Small Entities those comments before issuing the rule. Lower Mississippi River. The Regulatory Flexibility Act of This safety zone may include closures Requests for entry will be considered 1980, 5 U.S.C. 601–612, as amended, and/or navigation restrictions and and reviewed on a case-by-case basis. requires Federal agencies to consider requirements that are vital to The COTP may be contacted by the potential impact of regulations on maintaining safe navigation on the telephone at 1–866–777–2784 or can be small entities during rulemaking. The Lower Mississippi River during the high reached by VHF–FM channel 16. term ‘‘small entities’’ comprises small water. Therefore, delaying the effective Persons and vessels permitted to transit businesses, not-for-profit organizations date for this emergency safety zone to this safety zone shall not meet, pass, or that are independently owned and complete the NPRM process would also overtake any vessel currently transiting, operated and are not dominant in their be contrary to the public interest as it shall maintain slowest speed for safe fields, and governmental jurisdictions would delay the safety measures vital to navigation, and shall comply with all with populations of less than 50,000. safe navigation. lawful directions issued by the COTP or The Coast Guard certifies under 5 U.S.C. Under 5 U.S.C. 553(d)(3), the Coast the designated representative. 605(b) that this rule will not have a Guard finds that good cause exists for This safety zone may include closures significant economic impact on a making it effective less than 30 days and/or navigation restrictions and substantial number of small entities. after publication in the Federal requirements that are vital to While some owners or operators of Register. Delaying the effective date of maintaining safe navigation on the vessels intending to transit the safety this rule would be contrary to public Lower Mississippi River during the high zone may be small entities, for the interest because immediate action is water. The COTP or a designated reasons stated in section V.A above, this needed to protect personnel, vessels, representative will inform the public rule will not have a significant and the marine environment from through broadcast notices to mariners of economic impact on any vessel owner potential hazards created by the any changes in the restrictions or the or operator. increasing high water. enforcement period for the safety zone. Under section 213(a) of the Small III. Legal Authority and Need for Rule V. Regulatory Analyses Business Regulatory Enforcement The Coast Guard is issuing this rule We developed this rule after Fairness Act of 1996 (Pub. L. 104–121), under authority in 33 U.S.C. 1231. The considering numerous statutes and we want to assist small entities in Captain of the Port Sector Lower Executive orders related to rulemaking. understanding this rule. If the rule Mississippi River (COTP) has Below we summarize our analyses would affect your small business, determined that there are potential based on a number of these statutes and organization, or governmental hazards associated with increasing high Executive orders, and we discuss First jurisdiction and you have questions water, including possible emergency Amendment rights of protestors. concerning its provisions or options for operations to repair damage to power compliance, please contact the person distribution infrastructure taking place A. Regulatory Planning and Review listed in the FOR FURTHER INFORMATION on the left descending bank of the Executive Orders 12866 and 13563 CONTACT section. Lower Mississippi River between MM direct agencies to assess the costs and Small businesses may send comments 405 and 408 in the vicinity of the benefits of available regulatory on the actions of Federal employees Entergy Grand Gulf Nuclear Power alternatives and, if regulation is who enforce, or otherwise determine Facility, in Port Gibson, MS. Loss of the necessary, to select regulatory compliance with, Federal regulations to power distribution lines system would approaches that maximize net benefits. the Small Business and Agriculture be catastrophic to large areas of Executive Order 13771 directs agencies Regulatory Enforcement Ombudsman Louisiana and Mississippi. This rule is to control regulatory costs through a and the Regional Small Business needed to protect persons, property, and budgeting process. This rule has not Regulatory Fairness Boards. The infrastructure from potential damage been designated a ‘‘significant Ombudsman evaluates these actions and safety hazards associated with regulatory action,’’ under Executive annually and rates each agency’s vessels transiting this safety zone during Order 12866. Accordingly, this rule has responsiveness to small business. If you high water. not been reviewed by the Office of wish to comment on actions by Management and Budget (OMB), and employees of the Coast Guard, call 1– IV. Discussion of the Rule pursuant to OMB guidance it is exempt 888–REG–FAIR (1–888–734–3247). The The Coast Guard is establishing a from the requirements of Executive Coast Guard will not retaliate against temporary safety zone for all navigable Order 13771. small entities that question or complain waters of the Lower Mississippi River, This regulatory action determination about this rule or any policy or action extending the entire width of the river, is based on the size, location, and of the Coast Guard. from mile marker (MM) 405 to MM 408. duration of the safety zone. This C. Collection of Information Transit into and through this area is emergency safety zone will restrict prohibited for all traffic beginning at 10 vessel traffic from entering or transiting This rule will not call for a new a.m. on March 13, 2018 and will through a three-mile section of the collection of information under the continue through 7 p.m. on March 31, navigable waterways of the Lower Paperwork Reduction Act of 1995 (44 2018. The COTP will terminate the Mississippi River from mile marker U.S.C. 3501–3520).

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D. Federalism and Indian Tribal Appendix A, Table 1 of DHS Instruction safety zone, contact the COTP or the Governments Manual 023–01–001–01, Rev. 01. A COTP’s representative by telephone at A rule has implications for federalism Record of Environmental Consideration 1–866–777–2784 or on VHF–FM under Executive Order 13132, (REC) supporting this determination channel 16. (3) Persons and vessels permitted to Federalism, if it has a substantial direct will be made available in the docket enter this safety zone shall not meet, effect on the States, on the relationship where indicated under ADDRESSES. pass, or overtake any vessel currently between the national government and G. Protest Activities transiting, shall maintain slowest speed the States, or on the distribution of The Coast Guard respects the First for safe navigation, and shall comply power and responsibilities among the Amendment rights of protesters. with all lawful directions issued by the various levels of government. We have Protesters are asked to contact the COTP or the designated representative. analyzed this rule under that Order and person listed in the FOR FURTHER (d) Informational Broadcasts. This have determined that it is consistent INFORMATION CONTACT section to safety zone may include closures and/or with the fundamental federalism coordinate protest activities so that your navigation restrictions and requirements principles and preemption requirements message can be received without that are vital to maintaining safe described in Executive Order 13132. jeopardizing the safety or security of navigation on this section of the Lower Also, this rule does not have tribal people, places, or vessels. Mississippi River during the high water. implications under Executive Order The COTP or a designated List of Subjects in 33 CFR Part 165 13175, Consultation and Coordination representative will inform the public with Indian Tribal Governments, Harbors, Marine safety, Navigation through broadcast notices to mariners of because it does not have a substantial (water), Reporting and recordkeeping any changes in the enforcement period direct effect on one or more Indian requirements, Security measures, for the safety zone. tribes, on the relationship between the Waterways. Federal Government and Indian tribes, Dated: March 12, 2018. For the reasons discussed in the R. Tamez, or on the distribution of power and preamble, the Coast Guard amends 33 Captain, U.S. Coast Guard, Captain of the responsibilities between the Federal CFR part 165 as follows: Government and Indian tribes. If you Port Sector Lower Mississippi River. believe this rule has implications for PART 165—REGULATED NAVIGATION [FR Doc. 2018–06213 Filed 3–27–18; 8:45 am] federalism or Indian tribes, please AREAS AND LIMITED ACCESS AREAS BILLING CODE 9110–04–P contact the person listed in the FOR FURTHER INFORMATION CONTACT section ■ 1. The authority citation for part 165 above. continues to read as follows: DEPARTMENT OF HOMELAND SECURITY E. Unfunded Mandates Reform Act Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Coast Guard The Unfunded Mandates Reform Act Department of Homeland Security Delegation of 1995 (2 U.S.C. 1531–1538) requires No. 0170.1. 33 CFR Part 165 Federal agencies to assess the effects of ■ 2. Add § 165.T08–0229 to read as their discretionary regulatory actions. In follows: [Docket Number USCG–2018–0086] particular, the Act addresses actions RIN 1625–AA00 that may result in the expenditure by a § 165.T08–0229 Safety Zone; Lower State, local, or tribal government, in the Mississippi River; Port Gibson, MS. Safety Zone; Pensacola Bay, aggregate, or by the private sector of (a) Location. The following area is a Pensacola, FL $100,000,000 (adjusted for inflation) or safety zone: All navigable waters of the more in any one year. Though this rule Lower Mississippi River, extending the AGENCY: Coast Guard, DHS. will not result in such expenditure, we entire width of the river, from mile ACTION: Temporary final rule. do discuss the effects of this rule marker (MM) 405 to MM 408, in the elsewhere in this preamble. vicinity of Port Gibson, MS. SUMMARY: The Coast Guard is (b) Period of enforcement. This establishing a temporary safety zone for F. Environment section will be enforced from 10 a.m. on all navigable waters on Pensacola Bay We have analyzed this rule under March 13, 2018 and will continue within 100 yards of each vessel Department of Homeland Security through 7 p.m. on March 31, 2018, or participating in the Tall Ships Pensacola Management Directive 023–01 and until the high-water event ceases, marine event and parade in Pensacola, Commandant Instruction M16475.lD, whichever occurs first. FL and within 100 yards of the Port of which guide the Coast Guard in (c) Regulations. (1) In accordance with Pensacola for the duration of the marine complying with the National the general regulations in § 165.23, event and parade. This rule is necessary Environmental Policy Act of 1969 (42 entry of vessels or persons into this zone to provide for the safety of life and U.S.C. 4321–4370f), and have is prohibited unless specifically property on these navigable waters determined that this action is one of a authorized by the Captain of the Port during the Tall Ships Pensacola marine category of actions that do not Sector Lower Mississippi River (COTP) event. This rule will prohibit persons individually or cumulatively have a or a designated representative. A and vessels from entering the safety significant effect on the human designated representative is a zone unless specifically authorized by environment. This rule involves an commissioned, warrant, or petty officer the Captain of the Port Sector Mobile emergency safety zone lasting of the U.S. Coast Guard assigned to (COTP) or a designated representative. approximately nineteen days that will units under the operational control of DATES: This rule is effective from 8 a.m. prohibit entry into a three-mile stretch USCG Sector Lower Mississippi River. on April 12, 2018 through 8 p.m. on of the Lower Mississippi River during a (2) Vessels requiring entry into this April 15, 2018. hazardous high-water event. It is safety zone must request permission ADDRESSES: To view documents categorically excluded from further from the COTP or a designated mentioned in this preamble as being review under paragraph L60(d) of representative. To seek entry into the available in the docket, go to http://

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www.regulations.gov, type USCG–2018– or persons in the vicinity of waters on Spectator vessels desiring to transit 0086 in the ‘‘SEARCH’’ box and click Pensacola Bay within 100 yards of each the zone may do so only with prior ‘‘SEARCH.’’ Click on Open Docket vessel participating in the Tall Ships approval of the COTP or a designated Folder on the line associated with this Pensacola marine event and parade in representative and when so directed by rule. Pensacola, FL and within 100 yards of that officer must be operated at a FOR FURTHER INFORMATION CONTACT: If the Port of Pensacola for the duration of minimum safe navigation speed in a you have questions on this rule, call or the marine event and parade. This rule manner which will not endanger any email Lieutenant Kyle D. Berry, Sector is needed to protect the public, other vessels. No spectator vessel shall Mobile, Waterways Management mariners, and vessels from the potential anchor, block, loiter, or impede the Division, U.S. Coast Guard; telephone hazards associated with the tall ships through transit of official patrol vessels 251–441–5940, email Kyle.D.Berry@ during the organized parade, public in the zone during the effective dates uscg.mil. tours, and sailings of these tall ships. and times, unless cleared for entry by or through the COTP or a designated SUPPLEMENTARY INFORMATION: IV. Discussion of the Rule representative. Any spectator vessel I. Table of Abbreviations As noted above, we received no may anchor outside the zone, but may comments on our NPRM published on BNM Broadcast Notice to Mariners not anchor in, block, or loiter in a February 22, 2018. There are no navigable channel. Spectator vessels CFR Code of Federal Regulations substantive changes to the regulatory COTP Captain of the Port Sector Mobile may be moored to a waterfront facility DHS Department of Homeland Security text of this rule from the proposed within the zone in such a way that they FR Federal Register NPRM. There is one technical shall not interfere with the progress of NPRM Notice of proposed rulemaking amendment in the regulatory text of this the event. Such mooring must be § Section rule, which corrects the paragraph complete at least 30 minutes prior to the U.S.C. United States Code numbering in § 165.T08–0086(c). establishment of the zone and remain This rule establishes a temporary moored through the duration of the II. Background Information and safety zone on Pensacola Bay within 100 event. Regulatory History yards of each vessel participating in the The sponsor for the Tall Ships Tall Ships Pensacola marine event from The COTP or a designated Pensacola marine event submitted an 8 a.m. on April 12, 2018 through 8 p.m. representative may forbid and control application for a marine event permit on April 15, 2018, covering each vessel the movement of all vessels in the zone. for the event that will take place from from when the vessel arrives at When hailed or signaled by an official 8 a.m. on April 12, 2018 through 8 p.m. Pensacola, FL, when moored at the Port patrol vessel, a vessel shall come to an on April 15, 2018. The Captain of the of Pensacola, 30°24′07.2″ N, 87°12′44.7″ immediate stop and comply with the Port Sector Mobile (COTP) has W, when underway in parade from directions given. Failure to do so may determined a safety zone is necessary to position 30°24′07.2″ N, 87°12′44.7″ W to result in expulsion from the zone, protect the public from the potential 30°19′52.6″ N, 87°18′31.5″ W, and when citation for failure to comply, or both. hazards associated with the tall ships the vessel departs Pensacola, FL. The The COTP or a designated during the organized parade, public Coast Guard also is establishing a representative may terminate the tours, and sailings of these tall ships. In temporary safety zone on Pensacola Bay operation of any vessel at any time it is response, on February 22, 2018 the within 100 yards of the Port of deemed necessary for the protection of Coast Guard published a notice of Pensacola for the duration of the Tall life or property. The COTP or a proposed rulemaking (NPRM) titled Ships Pensacola marine event from 8 designated representative will terminate Safety Zone; Pensacola Bay, Pensacola, a.m. on April 12, 2018 through 8 p.m. enforcement of the safety zone at the FL (83 FR 7644). There we stated why on April 15, 2018. This rule is needed conclusion of the event. we issued the NPRM, and invited to provide for the safety of life and V. Regulatory Analyses comments on our proposed regulatory property on these navigable waters action related to this Tall Ships during the Tall Ship Pensacola marine We developed this rule after Pensacola marine event. During the event. This rule restricts transit into, considering numerous statutes and comment period that ended March 9, through, and within the zone unless Executive Orders related to rulemaking. 2018, we received zero comments. specifically authorized by the COTP or Below we summarize our analyses Under 5 U.S.C. 553(d)(3), the Coast a designated representative. No vessel or based on a number of these statutes and Guard finds that good cause exists for person is permitted to enter the zone Executive orders, and we discuss First making this rule effective less than 30 without obtaining permission from the Amendment rights of protectors. COTP or a designated representative. A days after publication in the Federal A. Regulatory Planning and Review Register. Delaying the effective date of designated representative may be a this rule would be impracticable Patrol Commander (PATCOM). The Executive Orders 12866 and 13563 because immediate action is needed to PATCOM may be aboard either a Coast direct agencies to assess the costs and respond to the potential safety hazards Guard or Coast Guard Auxiliary vessel. benefits of available regulatory associated with the Tall Ships Pensacola The PATCOM may be contacted on alternatives and, if regulation is Marine Event. Channel 16 VHF–FM (156.8 MHz) by necessary, to select regulatory the call sign ‘‘PATCOM’’. All persons approaches that maximize net benefits. III. Legal Authority and Need for Rule and vessels not registered with the Executive Order 13771 directs agencies The Coast Guard is issuing this rule sponsor as participants or official patrol to control regulatory costs through a under authority in 33 U.S.C. 1231. The vessels are considered spectators. The budgeting process. This rule has not COTP has determined that potential ‘‘official patrol vessels’’ consist of any been designated a ‘‘significant hazards associated with the tall ships Coast Guard, state, or local law regulatory action,’’ under Executive during the organized parade, public enforcement and sponsor provided Order 12866. Accordingly, this rule has tours, and sailings of these tall ships on vessels assigned or approved by the not been reviewed by the Office of April 12, 2018 through April 15, 2018 COTP or a designated representative to Management and Budget (OMB), and will be a safety concern for any vessels patrol the zone. pursuant to OMB guidance it is exempt

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from the requirements of Executive about this rule or any policy or action zone on Pensacola Bay within 100 yards Order 13771. of the Coast Guard. of the Port of Pensacola and within 100 This regulatory action determination yards of any vessel participating in the C. Collection of Information is based on size, location, and duration Tall Ships Pensacola marine event and of the proposed rulemaking. This safety This rule will not call for a new parade from April 12, 2018 through zone will take place on a small area of collection of information under the April 15, 2018. It is categorically Pensacola Bay, lasting for only four days Paperwork Reduction Act of 1995 (44 excluded from further review under from April 12, 2018 through April 15, U.S.C. 3501–3520). paragraph L60 of Appendix A, Table 1 2018. Additionally, the Coast Guard will D. Federalism and Indian Tribal of DHS Instruction Manual 023–01– issue Broadcast Notices to Mariners via Governments 001–01, Rev. 01. A Record of VHF–FM marine channel 16 about the Environmental Consideration (REC) safety zone so that waterway users may A rule has implications for federalism supporting this determination is plan accordingly for transits during this under Executive Order 13132, available in the docket where indicated restriction, and the rule will allow Federalism, if it has a substantial direct under ADDRESSES. vessels to seek permission from the effect on the States, on the relationship COTP or a designated representative to between the national government and G. Protest Activities enter the zone. the States, or on the distribution of The Coast Guard respects the First power and responsibilities among the B. Small Entities Amendment rights of protesters. various levels of government. We have Protesters are asked to contact the The Regulatory Flexibility Act of analyzed this rule under that Order and person listed in the FOR FURTHER 1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent INFORMATION CONTACT section to requires Federal agencies to consider with the fundamental federalism coordinate protest activities so that your 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 that are independently owned and 13175, Consultation and Coordination List of Subjects 33 CFR Part 165 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, this contact the person listed in the FOR 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 ■ 2. Add § 165.T08–0086 to read as understanding this rule. If the rule their discretionary regulatory actions. In follows: would affect your small business, particular, the Act addresses actions organization, or governmental that may result in the expenditure by a § 165.T08–0086 Safety Zone; Pensacola jurisdiction and you have questions State, local, or tribal government, in the Bay, Pensacola, FL. 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 of the listed in the FOR FURTHER INFORMATION more in any one year. Though this rule Pensacola Bay within 100 yards of each CONTACT section. will not result in such expenditure, we vessel participating in the Tall Ships Small businesses may send comments do discuss the effects of this rule Pensacola marine event and parade and on the actions of Federal employees elsewhere in this preamble. within 100 yards of the Port of who enforce, or otherwise determine Pensacola, 30°24′07.2″ N, 87°12′44.7″ compliance with, Federal regulations to F. Environment W, Pensacola, FL. the Small Business and Agriculture We have analyzed this rule under (b) Enforcement period. This section Regulatory Enforcement Ombudsman Department of Homeland Security is effective from 8 a.m. on April 12, and the Regional Small Business Directive 023–01 and Commandant 2018 through 8 p.m. on April 15, 2018. Regulatory Fairness Boards. The Instruction M16475.1D, which guide the (c) Regulations. (1) In accordance with Ombudsman evaluates these actions Coast Guard in complying with the the general regulations in § 165.23, entry annually and rates each agency’s National Environmental Policy Act of into, transiting through, or exiting from responsiveness to small business. If you 1969 (42 U.S.C. 4321–4370f), and have this area is prohibited unless authorized wish to comment on actions by determined that this action is one of a by the Captain of the Port Sector Mobile employees of the Coast Guard, call 1– category of actions that do not (COTP) or a designated representative. 888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a A designated representative may be a Coast Guard will not retaliate against significant effect on the human Patrol Commander (PATCOM). The small entities that question or complain environment. This rule involves a safety PATCOM may be aboard either a Coast

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Guard or Coast Guard Auxiliary vessel. (d) Informational broadcasts. The (Tribal Authority), which is intended to The PATCOM may be contacted on COTP or a designated representative include provisions relating generally to Channel 16 VHF–FM (156.8 MHz) by will inform the public through tribal authority regardless of the EPA the call sign ‘‘PATCOM’’. Broadcast Notices to Mariners of the Region in which a tribe is located, to (2) Persons or vessels seeking to enter enforcement period for the temporary sections 49.5511, 49.5512, and 49.5513, into or transit through the zone must safety zone as well as any changes in the respectively, in subpart L request permission from the COTP or a planned schedule. (Implementation Plans for Tribes— designated representative. They may be Dated: March 20, 2018. Region IX) such that all implementation contacted on VHF–FM channels 16 or plan provisions that apply specifically M.R. Mclellan, by telephone at 251–441–5976. to Region IX tribes are located together. (3) If permission is granted, all Captain, U.S. Coast Guard, Captain of the However, the action of moving section Port Sector Mobile. persons and vessels must comply with 49.22 to 49.5511 could not be done as the instructions of the COTP or [FR Doc. 2018–06127 Filed 3–27–18; 8:45 am] section 49.5511 was already in existence designated representative. BILLING CODE 9110–04–P at that time. In this action, the EPA is (4) All persons and vessels not redesignating section 49.22 in subpart A registered with the event sponsor as as section 49.5515 in subpart L. The participants or official patrol vessels are ENVIRONMENTAL PROTECTION EPA is also taking this opportunity to considered spectators. The ‘‘official AGENCY add certain headings in subpart L for the patrol vessels’’ consist of any Coast Salt River Pima-Maricopa Indian Guard, state, or local law enforcement 40 CFR Parts 49 and 52 Community and the Navajo Nation and sponsor provided vessels assigned [EPA–R09–OAR–2018–0133; FRL–9975– consistent with the other tribes included or approved by the COTP to patrol the 96—Region 9] in subpart L. regulated area. (5) Spectator vessels desiring to Air Plan Revisions; Salt River Pima- Part 52—Approval and Promulgation of transit the regulated area may do so only Maricopa Indian Community; Navajo Implementation Plans with prior approval of the COTP or a Nation; California; Correcting On January 17, 2012 (77 FR 2228), the designated representative and when so Amendments EPA published a final rule approving directed by that officer will be operated San Joaquin Valley Unified Air AGENCY: at a minimum safe navigation speed in Environmental Protection Pollution Control District (SJVUAPCD) a manner that will not endanger Agency. Rule 4570 (Confined Animal Facilities) participants in the zone or any other ACTION: Final rule, correcting as a revision to the California SIP. vessels. amendment. However, the amendatory instruction (6) No spectator vessel shall anchor, was inaccurate. More specifically, the SUMMARY: On April 29, 2011, the instructions for revisions to section block, loiter, or impede the through Environmental Protection Agency (EPA) 52.220 should have added paragraph transit of participants or official patrol published a direct final rule in the (c)(388)(i)(B)(6) rather than paragraph vessels in the regulated area during the Federal Register redesignating a section (c)(388)(i)(B)(5), which was already in effective dates and times, unless cleared in the air quality planning and existence codifying approval of a for entry by or through an official patrol management regulations for Indian different provision related to vessel. Country; and on January 17, 2012, (7) Any spectator vessel may anchor SJVUAPCD’s rules. Thus, the approval February 13, 2012, July 2, 2012, June 14, outside the regulated area, but may not of the SJVUAPCD Rule 4570 could not 2017, and June 21, 2017, the EPA anchor in, block, or loiter in a navigable be incorporated into section published final rules in the Federal channel. Spectator vessels may be 52.220(c)(388)(i)(B). The EPA is Register approving certain revisions to moored to a waterfront facility within correcting the amendatory instruction the California State Implementation the regulated area in such a way that for SJVUAPCD Rule 4570 in today’s Plan (SIP). In these final rules, the EPA they shall not interfere with the progress action. included inaccurate amendatory of the event. Such mooring must be On February 13, 2012 (77 FR 7536), instructions that have prevented complete at least 30 minutes prior to the the EPA published a final rule incorporation of the final actions into establishment of the regulated area and approving SJVUAPCD Rule 4612 (Motor the CFR. All the errors are being remain moored through the duration of Vehicle and Mobile Equipment Coating corrected by this action. the event. Operations) and Rule 4653 (Adhesives (8) The COTP or a designated DATES: This action is effective on March and Sealants) as revisions to the representative may forbid and control 28, 2018. California SIP. Due to inaccurate the movement of all vessels in the FOR FURTHER INFORMATION CONTACT: amendatory instructions, the approval regulated area. When hailed or signaled Kevin Gong, EPA Region IX, (415) 972– of the two rules could not be by an official patrol vessel, a vessel shall 3073, [email protected]. incorporated into section come to an immediate stop and comply SUPPLEMENTARY INFORMATION: This 52.220(c)(388)(i)(B). More specifically, with the directions given. Failure to do action corrects inadvertent errors in the the instructions for revisions to section so may result in expulsion from the amendatory instructions in final 52.220 should have added paragraphs area, citation for failure to comply, or rulemakings affecting 40 CFR parts 49 (c)(388)(i)(B)(7) and (c)(388)(i)(B)(8) both. and 52. An explanation of each rather than paragraphs (c)(388)(i)(B)(2) (9) The COTP or a designated correction is listed below. and (c)(388)(i)(B)(3), which were already representative may terminate the event in existence codifying approval of other or the operation of any vessel at any Part 49—Indian County: Air Quality SJVUAPCD regulatory materials. The time it is deemed necessary for the Planning and Management EPA is correcting the amendatory protection of life or property. On April 29, 2011 (76 FR 23876), the instructions for SJVUAPCD Rules 4612 (10) The Patrol Commander will EPA published a direct final rule that, and 4653 in today’s action. terminate enforcement of the safety zone among other actions, moved sections On July 2, 2012 (77 FR 39181), the at the conclusion of the event. 49.22, 49.23 and 49.24 out of subpart A EPA published a final rule approving

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Yolo-Solano Air Quality Management because the underlying rules for which the U.S. Senate, the U.S. House of District (YSAQMD) Rule 2.43 (Biomass this correcting amendment have been Representatives and the Comptroller Boilers) as a revision to the California prepared were already subject to 30-day General of the General Accounting SIP. However, the instructions for comment periods. Further, this action is Office prior to publication of this rule in revisions to section 52.220 should have consistent with the purposes and the Federal Register. This rule is not a added paragraph (c)(388)(i)(H) rather rationales of the final rules for which ‘‘major rule’’ as defined by 5 U.S.C. than paragraph (c)(388)(i)(F), which was inaccurate amendatory instructions are 804(2). already in existence for approved rules being corrected herein. Because this adopted by the Mojave Desert Air action does not change the EPA’s List of Subjects Quality Management District. Thus, the analyses or overall actions, no purpose 40 CFR Part 49 approval of YSAQMD Rule 2.43 could would be served by additional public Environmental protection, Air not be incorporated into section notice and comment. Consequently, pollution, Indians—lands, Indians— 52.220(c)(388)(i). The EPA is correcting additional public notice and comment tribal government. the amendatory instructions for are unnecessary. YSAQMD Rule 2.43 in today’s action. The EPA also finds that there is good 40 CFR Part 52 On June 14, 2017 (82 FR 27125), the cause under APA section 553(d)(3) for Environmental protection, Air EPA published a final rule approving this correction to become effective on pollution control, Incorporation by the Imperial County Air Pollution the date of publication of this action. reference, Intergovernmental relations, Control District (ICAPCD) Rule 206 Section 553(d)(3) of the APA allows an Carbon monoxide, Nitrogen dioxide, (Processing of Applications) as a effective date of less than 30 days after Ozone, Particulate matter, Sulfur oxides, revision to the California SIP. However, publication ‘‘as otherwise provided by the instructions for revisions to section the agency for good cause found and Volatile organic compounds, Reporting 52.220 should have added paragraph published with the rule.’’ 5 U.S.C. and recordkeeping requirements. (c)(442)(i)(A)(5) rather than paragraph 553(d)(3). The purpose of the 30-day Dated: March 13, 2018. (c)(442)(i)(A)(4), which was already in waiting period prescribed in APA Alexis Strauss, existence. Thus, the approval of section 553(d)(3) is to give affected Acting Regional Administrator, Region IX. ICAPCD Rule 206 could not be parties a reasonable time to adjust their Chapter I, title 40 of the Code of incorporated into section behavior and prepare before the final Federal Regulations is amended as 52.220(c)(442)(i)(A). The amendatory rule takes effect. This rule does not follows: instruction for ICAPCD Rule 206 was create any new regulatory requirements corrected at 82 FR 41895, 41898–41899 such that affected parties would need PART 49—INDIAN COUNTRY: AIR (September 5, 2017); however, the time to prepare before the rule takes QUALITY PLANNING AND correction did not make the conforming effect. This action merely corrects MANAGEMENT revision to paragraph (c)(279)(i)(A)(16), inaccurate amendatory instructions in which was added in the June 14, 2017 previous rulemakings. For these ■ 1. The authority citation for part 49 rulemaking and which deletes (with reasons, the EPA finds good cause under continues to read as follows: replacement) a prior version of ICAPCD APA section 553(d)(3) for this correction Authority: 42 U.S.C. 7401 et seq. Rule 206. The EPA is making the to become effective on the date of conforming revision in today’s action. publication of this action. § 49.22 [Redesignated as § 49.5515] On June 21, 2017 (82 FR 28240), the ■ 2. Redesignate § 49.22 as § 49.5515, EPA published a direct final rule Statutory and Executive Order Reviews and add and reserve a new § 49.22. approving Mojave Desert Air Quality Under Executive Order 12866 (58 FR Management District (MDAQMD) Rule 51735, October 4, 1993), this action is Subpart L [Amended] 1118 (Aerospace Assembly, Rework and not a ‘‘significant regulatory action’’ and Component Manufacturing Operations) is therefore not subject to review by the ■ 3. Amend Subpart L by adding an as a revision to the California SIP. Office of Management and Budget. In undesignated center heading However, the approval of MDAQMD addition, this action does not impose immediately before § 49.5512 entitled Rule 1118 could not be incorporated any enforceable duty or contain any ‘‘ ‘‘Implementation Plan for the Navajo into section 52.220(c)(485) because the unfunded mandate as described in the Nation’’. instructions for revisions to section Unfunded Mandates Reform Act of 1995 ■ 4. Amend Subpart L by adding 52.220 added paragraph (c)(485)(B), (Pub. L. 104–4), or require prior immediately before the newly which is inconsistent with the current consultation with state officials as redesignated § 49.5515 an undesignated format for adding paragraphs to specified by Executive Order 12875 (58 center heading entitled 52.220(c). The instructions should have FR 58093, October 28, 1993), or involve ‘‘Implementation Plan for the Salt River added paragraph (c)(485)(i)(B). The EPA special consideration of environmental Pima-Maricopa Indian Community’’. is correcting the amendatory justice related issues as required by instructions for MDAQMD Rule 1118 in Executive Order 12898 (59 FR 7629, PART 52—APPROVAL AND today’s action. February 16, 1994). PROMULGATION OF The EPA has determined that this Because this action is not subject to IMPLEMENTATION PLANS action falls under the ‘‘good cause’’ notice-and-comment requirements exemption in section 553(b)(3)(B) of the under the APA or any other statute, it ■ 5. The authority citation for part 52 Administrative Procedures Act (APA) is not subject to the provisions of the continues to read as follows: which, upon finding ‘‘good cause,’’ Regulatory Flexibility Act (5 U.S.C. 601 Authority: 42 U.S.C. 7401 et seq. authorizes agencies to dispense with et seq.). public participation where public notice Under 5 U.S.C. 801(a)(1)(A) as added Subpart F—California and comment procedures are by the Small Business Regulatory impracticable, unnecessary, or contrary Enforcement Fairness Act of 1996, the ■ 6. Section 52.220 is amended by: to the public interest. Public notice and EPA will submit a report containing this ■ a. Revising paragraph comment for this action is unnecessary rule and other required information to (c)(279)((i)(A)(16);

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■ b. Adding paragraphs (c)(388)(i)(B)(6), ENVIRONMENTAL PROTECTION I. Background (7) and (8); AGENCY On November 13, 2017, (82 FR ■ c. Adding paragraph (c)(388)(i)(H); 52259), EPA published a notice of 40 CFR Part 52 and proposed rulemaking (NPR) for the State ■ d. Adding paragraph (c)(485)(i)(B). of Maryland. In the NPR, EPA proposed [EPA–R03–OAR–2016–0309; FRL–9975– approval of revisions to Maryland 82—Region 3] The additions and revisions read as regulations pertaining to RACT for follows: Approval and Promulgation of Air cement kilns, revisions to and § 52.220 Identification of plan—in part. Quality Implementation Plans; recodification of certain provisions for Portland cement plants and IC engines * * * * * Maryland; Reasonably Available Control Technology for Cement Kilns, at natural gas compression stations, and (c) * * * Revisions to Portland Cement removal of the obsolete NOX Reduction (279) * * * Manufacturing Plant and Natural Gas and Trading Program that has been replaced by other trading programs or (i) * * * Compression Station Regulations, and Removal of Nitrogen Oxides Reduction addressed in other regulations. The (A) * * * and Trading Program Replaced by formal SIP revision (Maryland SIP #15– (16) Previously approved on January Other Programs and Regulations 04) was submitted on November 24, 3, 2007 in paragraph (c)(279)(i)(A)(14) of 2015 by the State of Maryland, through AGENCY: Environmental Protection this section and now deleted with the Maryland Department of the Agency (EPA). replacement in paragraph Environment (MDE), for approval into (c)(442)(i)(A)(5) of this section, Rule ACTION: Final rule. the Maryland SIP. 206. The submission is comprised of three SUMMARY: The Environmental Protection State actions pertaining to amendments * * * * * Agency (EPA) is approving state to the Code of Maryland Regulations (388) * * * implementation plan (SIP) revisions (COMAR) 26.11.01.10, COMAR submitted by the State of Maryland. The (i) * * * 26.11.09.08, COMAR 26.11.29, and revisions pertain to reasonably available COMAR 26.11.30. The amendments (B) * * * control technology (RACT) for cement address the requirement for NOX RACT (6) Rule 4570, ‘‘Confined Animal kilns, revisions to and recodification of for cement kilns for the 2008 ozone Facilities,’’ amended on October 21, certain provisions for Portland cement national ambient air quality standards 2010. manufacturing plants (cement plants) (NAAQS), the removal of COMAR and internal combustion (IC) engines at (7) Rule 4612, ‘‘Motor Vehicle and provisions related to the obsolete NOX natural gas compression stations, and Mobile Equipment Coating,’’ amended Budget Trading Program under the NOX removal of the obsolete Nitrogen Oxides SIP Call 1 (that has been replaced by on October 21, 2010. (NOX) Reduction and Trading Program other trading programs), the (8) Rule 4653, ‘‘Adhesives and that has been replaced by other trading consolidation of all existing and new Sealants,’’ amended on September 16, programs or addressed in other requirements for cement kilns into one 2010. regulations. EPA is approving these COMAR regulation, the consolidation of * * * * * revisions in accordance with the all existing and new requirements for IC requirements of the Clean Air Act engines into one COMAR regulation, the (H) Yolo-Solano Air Quality (CAA). addition of new particulate matter (PM) Management District. DATES: This final rule is effective on monitoring requirements, and the (1) Rule 2.43, ‘‘Biomass Boilers,’’ April 27, 2018. addition of an alternate monitoring adopted on November 10, 2010. ADDRESSES: EPA has established a option for visible emissions at cement * * * * * docket for this action under Docket ID kilns. On February 17, 2017, MDE provided a letter to EPA clarifying the (485) * * * Number EPA–R03–OAR–2016–0309. All NOX RACT limits and withdrawing (i) * * * documents in the docket are listed on the http://www.regulations.gov website. from EPA’s consideration a provision of (B) Mojave Desert Air Quality Although listed in the index, some its regulation for natural gas Management District. information is not publicly available, compression stations. As explained in the NPR, three areas (1) Rule 1118, ‘‘Aerospace Assembly, e.g., confidential business information or portions of areas in Maryland were Rework and Component Manufacturing (CBI) or other information whose disclosure is restricted by statute. designated as nonattainment under the Operations,’’ amended on October 26, 2008 ozone NAAQS (77 FR 30088, May 2015. Certain other material, such as copyrighted material, is not placed on 21, 2012). Under section 182 of the * * * * * CAA, states must review and revise the [FR Doc. 2018–06126 Filed 3–27–18; 8:45 am] the internet and will be publicly available only in hard copy form. RACT requirements in their SIP to BILLING CODE 6560–50–P Publicly available docket materials are ensure that these requirements would available through http:// still be considered RACT under the new, more stringent NAAQS. Major www.regulations.gov, or please contact 2 the person identified in the FOR FURTHER stationary sources of ozone precursor INFORMATION CONTACT section for 1 See Finding of Significant Contribution and additional availability information. Rulemaking for Certain States in the Ozone FOR FURTHER INFORMATION CONTACT: Transport Assessment Group Region for Purposes of Marilyn Powers, (215) 814–2308, or by Reducing Regional Transport of Ozone, 63 FR 57371 (October 27, 1998). email at [email protected]. 2 A major stationary source of NOX in a marginal SUPPLEMENTARY INFORMATION: or moderate ozone nonattainment area, or in an

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emissions located in ozone requirements and take regulatory action with further increasing the amount of nonattainment areas classified as as necessary to ensure that all their non- ammonia used. moderate and above (and sources EGU obligations continued to be met. The November 24, 2015 SIP revision located in the Ozone Transport Region After EPA discontinued the NOX Budget submittal also included several state (OTR), of which the entire state of Trading Program, Maryland’s EGU regulatory actions for inclusion into the Maryland is a part) are subject to RACT obligations under the NOX SIP Call Maryland SIP. On May 21, 2010, requirements. See sections 182(b)(2) and continued to be addressed in Maryland Maryland repealed COMAR 26.11.29 184(b)(2) of the CAA. Section 182(f) of regulation COMAR 26.11.28—Clean Air and COMAR 26.11.30, with a State the CAA specifically requires RACT for Interstate Rule and later in CSAPR. effective date of May 31, 2010. The major stationary sources of NOX. The Maryland’s large non-EGU reduction requirements for certain large non- cement kilns in Maryland are major requirements are largely addressed in electric generating units (EGUs), cement stationary sources of NOX and are separate rulemaking actions under other kilns, and IC engines pursuant to the therefore required to be evaluated for COMAR regulations and discussed in NOX SIP Call continue to apply, as NOX RACT under the 2008 ozone more detail in the NPR for this explained in the NPR and noted NAAQS. rulemaking. previously. Therefore, Maryland The NO Budget Trading Program X recodified certain portions of the was established under the NO SIP Call II. Summary of SIP Revision and EPA X Portland cement plant and natural gas to allow electric generating units (EGUs) Analysis compression station provisions greater than 25 megawatts and Revised COMAR 26.11.30 establishes (formerly found at COMAR 26.11.29.15) industrial non-electric generating units a limit of 3.4 pounds (lbs) of NOX per into new COMAR 26.11.29 (with a State (or non-EGUs) with a rated heat input ton of clinker (lbs NOX/ton of clinker) effective date of July 20, 2015), retitled greater than 250 million British thermal for long, dry kilns, and 2.4 lbs NOX/ton NO Reduction Requirements for Non- units per hour (MMBtu/hr) (referred to X of clinker for pre-calciner kilns. Electric Generating Units. The cement as large non-EGUs) to participate in a Maryland’s November 13, 2015 kiln provisions necessary to address the regional NO cap and trade program. X submittal explained that NOX RACT for NO SIP Call requirements were revised The NO SIP call also established NO X X X cement kilns, which are major to add a compliance date of April 1, reduction requirements for other non- stationary sources of NOX subject to 2017 for the existing NO emission rate EGUs that were not a part of the NO X X RACT requirements, was established limits in the regulation and to remove Budget Trading Program, including consistent with the Ozone Transport an alternative control method. cement kilns and stationary IC engines. Commission (OTC) recommended RACT Maryland regulations COMAR requirements for the 2008 ozone COMAR 26.11.30 formerly included 26.11.29—NOX Reduction Requirements NAAQS. The 2007 OTC Technical large non-EGUs as participants in the and Trading Program and COMAR Support Document on Identification NOX Reduction and Trading Program 26.11.30—Policies and Procedures and Evaluation of Candidate Control and established an ozone season Relating to Maryland’s NOX Reduction Measures 4 (OTC TSD) recommended allocation of 947 tons of NOX for the and Trading Program, were previously NOX emission rates for cement kilns large non-EGUs at the only kraft pulp approved into the Maryland SIP to based on applying a 60 percent mill located in Maryland. With repeal of implement the NOX Budget Trading reduction to uncontrolled emissions. the NOX Reduction and Trading Program and allowed EGUs and large Maryland’s February 17, 2017 Program, Maryland modified its kraft non-EGUs in the state to participate in supplemental submission provided pulp mill regulation in COMAR the regional NOX cap and trade program additional clarification on the 26.11.14.07 to limit NOX emissions from established under EPA’s NOX SIP Call. justification for the NOX RACT limits fuel burning equipment at kraft pulp COMAR 26.11.29 also included NOX for the cement kilns. MDE also provided mills to 947 tons per year (matching the reductions, monitoring, and an estimate of costs to comply with the ozone season allocation formerly in recordkeeping requirements for cement revised NOX rates for cement kilns, COMAR 26.11.30). Maryland is kilns and IC engines. including the costs to install selective currently in the process of developing EPA discontinued administration of non-catalytic reduction (SNCR) controls regulations for inclusion in the SIP the NOX Budget Trading Program in to meet the more stringent NOX rate amending the State’s provisions for kraft 2009 upon the start of the Clean Air limits established by its May 21, 2010 pulp mills for addressing NOX SIP Call Interstate Rule (CAIR) trading regulatory action and the additional obligations and also addressing the 3 programs. The NOX SIP Call costs to increase the amount of reagent State’s ongoing NOX SIP Call obligations requirements continued to apply, and used in the SNCR to meet the with respect to other large non-EGUs. EGUs that were previously trading requirements in its July 10, 2015 action Other specific requirements of the under the NOX Budget Trading Program further lowering the NOX emission rate. revised Maryland COMAR regulations continued to meet NOX SIP Call EPA agrees with Maryland’s and the rationale for EPA’s proposed requirements under the more stringent determination of NOX RACT for cement action are explained in the NPR and the requirements of the CAIR ozone season kilns for the 2008 ozone NAAQS, based technical support document (TSD) for trading program. Large non-EGUs were on our analysis of the cost effectiveness the NPR (available in the docket for this not addressed in CAIR. Therefore, states associated with installation of SNCR, rulemaking at www.regulations.gov) and needed to assess their state the cost effectiveness for additional will not be restated here. operating costs for the increase in ozone transport region, is a source that emits or has ammonia use, as well as the III. Public Comments and EPA’s the potential to emit 100 tons of NOX. technological considerations involved Response 3 CAIR was subsequently vacated and remanded. See North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. EPA received two public comments 2008), modified by 550 F.3d 1176 (remanding 4 See Finding of Significant Contribution and on our November 13, 2017 action CAIR). CAIR was replaced with the Cross-State Air Rulemaking for Certain States in the Ozone Pollution Rule (CSAPR) (76 FR 48208, August 8, Transport Assessment Group Region for Purposes of proposing to approve Maryland’s SIP 2011), which, after legal challenges, was Reducing Regional Transport of Ozone, 63 FR submittal of November 24, 2015, as implemented starting in January 2015. 57371 (October 27, 1998). supplemented on February 17, 2017.

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Comment 1—The commenter preamble for more information). Technology Transfer and Advancement provided statements relating to Therefore, these materials have been Act of 1995 (15 U.S.C. 272 note) because greenhouse gases and climate change. approved by EPA for inclusion in the application of those requirements would EPA Response to Comment 1—This SIP, have been incorporated by be inconsistent with the CAA; and comment is not relevant to this reference by EPA into that plan, are • Does not provide EPA with the rulemaking action. This action pertains fully federally enforceable under discretionary authority to address, as to RACT for cement kilns, recodification sections 110 and 113 of the CAA as of appropriate, disproportionate human of provisions for Portland cement plants the effective date of the final rulemaking health or environmental effects, using and IC engines at natural gas of EPA’s approval, and will be practicable and legally permissible compression stations, and removal of incorporated by reference by the methods, under Executive Order 12898 obsolete trading programs that have Director of the Federal Register in the (59 FR 7629, February 16, 1994). been replaced or addressed in other next update to the SIP compilation.5 regulations. In addition, this rule does not have Comment 2—The commenter V. Statutory and Executive Order tribal implications as specified by expressed concern over unnecessary Reviews Executive Order 13175 (65 FR 67249, and burdensome regulations, the A. General Requirements November 9, 2000), because the SIP is regulatory process, and the associated not approved to apply in Indian country Under the CAA, the Administrator is costs of regulations, particularly those located in the state, and EPA notes that required to approve a SIP submission issued by EPA. it will not impose substantial direct that complies with the provisions of the EPA Response to Comment 2—As the costs on tribal governments or preempt CAA and applicable federal regulations. comment is neither supportive of, tribal law. 42 U.S.C. 7410(k); 40 CFR 52.02(a). critical of, nor specific to this action, no Thus, in reviewing SIP submissions, B. Submission to Congress and the response is provided. This action EPA’s role is to approve state choices, Comptroller General pertains to RACT for cement kilns, provided that they meet the criteria of recodification of provisions for Portland the CAA. Accordingly, this action The Congressional Review Act, 5 cement plants and IC engines at natural merely approves state law as meeting U.S.C. 801 et seq., as added by the Small gas compression stations, and removal federal requirements and does not Business Regulatory Enforcement of obsolete trading programs that have impose additional requirements beyond Fairness Act of 1996, generally provides been replaced or addressed in other those imposed by state law. For that that before a rule may take effect, the regulations. reason, this action: agency promulgating the rule must IV. Final Action • Is not a ‘‘significant regulatory submit a rule report, which includes a action’’ subject to review by the Office copy of the rule, to each House of the EPA has reviewed the Maryland SIP of Management and Budget under Congress and to the Comptroller General revision submittal of November 24, Executive Orders 12866 (58 FR 51735, of the United States. EPA will submit a 2015, as supplemented on February 17, October 4, 1993) and 13563 (76 FR 3821, report containing this action and other 2017, seeking approval of revisions to January 21, 2011); required information to the U.S. Senate, Maryland regulations that establish • Is not an Executive Order 13771 (82 the U.S. House of Representatives, and RACT for cement kilns for the 2008 FR 9339, February 2, 2017) regulatory the Comptroller General of the United ozone NAAQS in accordance with action because SIP approvals are States prior to publication of the rule in requirements in CAA sections 172, 182 exempted under Executive Order 12866. the Federal Register. A major rule and 184, recodifies provisions for • Does not impose an information cannot take effect until 60 days after it Portland cement plants and IC engines collection burden under the provisions is published in the Federal Register. at natural gas compression stations, and of the Paperwork Reduction Act (44 This action is not a ‘‘major rule’’ as removes the NOX Budget Trading U.S.C. 3501 et seq.); defined by 5 U.S.C. 804(2). Program that has been replaced by other • Is certified as not having a trading programs or addressed in other significant economic impact on a C. Petitions for Judicial Review regulations. EPA is approving the substantial number of small entities Under section 307(b)(1) of the CAA, submittal as a revision to the Maryland under the Regulatory Flexibility Act (5 petitions for judicial review of this SIP in accordance with CAA section U.S.C. 601 et seq.); action must be filed in the United States 110. • Does not contain any unfunded Court of Appeals for the appropriate IV. Incorporation by Reference mandate or significantly or uniquely circuit by May 29, 2018. Filing a affect small governments, as described petition for reconsideration by the In this rule, EPA is finalizing in the Unfunded Mandates Reform Act regulatory text that includes Administrator of this final rule does not of 1995 (Pub. L. 104–4); affect the finality of this action for the incorporation by reference. In • Does not have federalism accordance with requirements of 1 CFR purposes of judicial review nor does it implications as specified in Executive extend the time within which a petition 51.5, EPA is finalizing the incorporation Order 13132 (64 FR 43255, August 10, by reference of the revisions to for judicial review may be filed, and 1999); shall not postpone the effectiveness of Maryland regulations COMAR • Is not an economically significant such rule or action. 26.11.01.10, COMAR 26.11.09.08, regulatory action based on health or COMAR 26.11.29, and COMAR 26.11.30 safety risks subject to Executive Order This action approving Maryland as discussed in section I of this final 13045 (62 FR 19885, April 23, 1997); RACT for cement kilns, removal of action. EPA has made, and will • Is not a significant regulatory action Maryland regulations for obsolete continue to make, these materials subject to Executive Order 13211 (66 FR trading programs, and recodification of generally available through http:// 28355, May 22, 2001); provisions related to cement plants and www.regulations.gov and at the EPA • Is not subject to requirements of IC engines at natural gas compression Region III Office (please contact the section 12(d) of the National stations may not be challenged later in person identified in the FOR FURTHER proceedings to enforce its requirements. INFORMATION CONTACT section of this 5 62 FR 27968 (May 22, 1997). (See section 307(b)(2)).

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List of Subjects in 40 CFR Part 52 Subpart V—Maryland Gas Pipeline Stations’’ and the entries Environmental protection, Air ‘‘26.11.29.01’’ through ‘‘26.11.29.04’’. ■ 2. In § 52.1070, the table in paragraph pollution control, Incorporation by ■ e. Removing the subheading ‘‘26.11.30 (c) is amended by: reference, Nitrogen dioxide, Ozone, ■ a. Revising under subheading Policies and Procedures Relating to Particulate matter, Reporting and ‘‘26.11.01 General Administrative Maryland’s NOX Reduction and Trading recordkeeping requirements. Provisions’’ the entry ‘‘26.11.01.10’’. Program’’ and the entries ‘‘26.11.30.01’’ Dated: March 6, 2018. ■ b. Revising under subheading through ‘‘26.11.30.09’’. Cosmo Servidio, ‘‘26.11.09 Control of Fuel Burning ■ f. Adding the subheading ‘‘26.11.30 Regional Administrator, Region III. Equipment, Stationary Internal Control of Portland Cement 40 CFR part 52 is amended as follows: Combustion Engines, and Certain Fuel- Manufacturing Plants’’ and the entries Burning Installations’’ the entry ‘‘26.11.30.01’’ through ‘‘26.11.30.08’’. PART 52—APPROVAL AND ‘‘26.11.09.08’’. The additions and revision read as PROMULGATION OF ■ c. Removing the subheading ‘‘26.11.29 follows: IMPLEMENTATION PLANS NOX Reduction and Trading Program’’ and the entries ‘‘26.11.29.01’’ through § 52.1070 Identification of plan. ■ 1. The authority citation for part 52 ‘‘26.11.29.15’’. * * * * * continues to read as follows: ■ d. Adding the subheading ‘‘26.11.29 Authority: 42 U.S.C. 7401 et seq. Control of NOX Emissions from Natural (c) * * *

EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP

Code of Maryland Administrative State Additional explanation/citation at 40 Regulations Title/subject effective EPA approval date CFR 52.1100 (COMAR) date citation

26.11.01 General Administrative Provisions

******* 26.11.01.10 ...... Continuous Opacity Moni- 7/20/2015 3/28/2018, [insert Federal Register 1. (c)(106) Requirement to use TM toring. citation]. 90–01 is removed. Exceptions: A(4), B(4), D(2)(c), and F. 2. Add new subsection (A)(5). 3. Add new subsection F.

*******

26.11.09 Control of Fuel Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations

******* 26.11.09.08 ...... Control of NOX Emissions for 7/20/2015 3/28/2018, [insert Federal Register 1. Revise H, H(1) and H(3), remove Major Stationary Sources. citation]. H(2), and recodify H(4) to H(3). 2. Revise I and remove I(3) and I(4). Previous approval (81 FR 59488).

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26.11.29 Control of NOX Emissions from Natural Gas Pipeline Stations

26.11.29.01 ...... Definitions ...... 7/20/2015 3/28/2018, [insert Federal Register citation]. 26.11.29.02 ...... Applicability and General Re- 7/20/2015 3/28/2018, [insert Federal Register quirements. citation]. 26.11.29.03 ...... Monitoring Requirements ...... 7/20/2015 3/28/2018, [insert Federal Register citation]. 26.11.29.04 ...... Demonstrating Compliance ... 7/20/2015 3/28/2018, [insert Federal Register citation].

26.11.30 Control of Portland Cement Manufacturing Plants

26.11.30.01 ...... Scope ...... 7/20/2015 3/28/2018, [insert Federal Register citation]. 26.11.30.02 ...... Applicability ...... 7/20/2015 3/28/2018 [insert Federal Register citation]. 26.11.30.03 ...... Definitions ...... 7/20/2015 3/28/2018, [insert Federal Register citation]. 26.11.30.04 ...... Particulate Matter ...... 7/20/2015 3/28/2018, [insert Federal Register citation]. 26.11.30.05 ...... Visible Emissions Standards 7/20/2015 3/28/2018, [insert Federal Register citation].

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EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP—Continued

Code of Maryland Administrative State Additional explanation/citation at 40 Regulations Title/subject effective EPA approval date CFR 52.1100 (COMAR) date citation

26.11.30.06 ...... Sulfur Compounds ...... 7/20/2015 3/28/2018, [insert Federal Register citation]. 26.11.30.07 ...... Nitrogen Oxides (NOX) ...... 7/20/2015 3/28/2018, [insert Federal Register citation]. 26.11.30.08 ...... NOX Continuous Emissions 7/20/2015 3/28/2018, [insert Federal Register Monitoring Requirements. citation].

*******

* * * * * Protection Agency (EPA), Region 8, 1995 Board Order in order to address [FR Doc. 2018–06129 Filed 3–27–18; 8:45 am] 1595 Wynkoop Street, Denver, the area’s nonattainment status for the BILLING CODE 6560–50–P Colorado, 80202–1129. The EPA 1978 lead National Ambient Air Quality requests that you contact the individual Standard (NAAQS). The principal target listed in the FOR FURTHER INFORMATION for curtailing lead emissions was the ENVIRONMENTAL PROTECTION CONTACT section to view the hard copy American Smelting and Refining AGENCY of the docket. You may view the hard Company (ASARCO) facility, which was copy of the docket Monday through a lead smelter located adjacent to 40 CFR Part 52 Friday, 8:00 a.m. to 4:00 p.m., excluding American Chemet’s East Helena facility. [EPA–R08–OAR–2017–0634; FRL–9975– federal holidays. In addition to shutting down its 63—Region 8] FOR FURTHER INFORMATION CONTACT: operations in 2001, ASARCO Kevin Leone, Air Program, U.S. demolished its stacks in 2009. The EPA Approval and Promulgation of Air Environmental Protection Agency, subsequently promulgated a new, more Quality Implementation Plans; State of Region 8, Mailcode 8P–AR, 1595 stringent, lead NAAQS standard (0.15 Montana; Revisions to East Helena Wynkoop, Denver, Colorado 80202– ug/m3). The final lead NAAQS Lead SIP 1129, (303) 312–6227, leone.kevin@ rulemaking was published on November 12, 2008 (73 FR 66964) and effective AGENCY: Environmental Protection epa.gov. December 31, 2011. The entire state of Agency (EPA). SUPPLEMENTARY INFORMATION: Montana, including the East Helena ACTION: Final rule. I. Background area, was designated as ‘‘Unclassifiable/ Attainment’’ for the 2008 lead NAAQS. SUMMARY: The Environmental Protection The EPA is taking final action In response to the DEQ’s request for Agency (EPA) is taking final action to pertaining to SIP revisions that stem the EPA’s guidance concerning approve State Implementation Plan from a June 10, 2013, Montana Board of modifying the 1995 Board order to (SIP) revisions submitted by the state of Environmental Review Order (Board eliminate Exhibit A, Section 3, Montana on September 11, 2013. The Order) which removes a stipulated Subsection B, the EPA sent a letter submittal revises the portions of the condition in an August 4, 1995 Board dated December 18, 2009 (see docket) State Implementation Plan (SIP) that Order. The condition limited the which outlined conditions which the pertain to the East Helena Lead SIP. allowable concentration of lead in raw state of Montana must meet in order for This action is being taken under section feed material at the American Chemet Exhibit A, Section 3, Subsection B to be 110 of the Clean Air Act (CAA) (Act). Corporation’s East Helena facility. removed from the East Helena lead SIP Specifically, American Chemet DATES: This final rule is effective on and, as outlined in 83 FR 1602, those requested a change to the 1995 Board April 27, 2018. conditions have been met. For details, Order which would eliminate Exhibit A, ADDRESSES: The EPA has established a please see the January 12, 2018 notice Section 3, Subsection B. This subsection docket for this action under Docket proposing approval of the revision. Identification Number EPA–R08–OAR– reads: 2017–0634. All documents in the docket ‘‘Feed Material into the plant shall have a II. Response to Comments are listed on the http:// quarterly average lead content of less than The EPA received two public www.regulations.gov index. Although 0.15%, and an average annual lead content comments on our proposed action to listed in the index, some information of less than 0.10%.’’ approve Montana’s September 11, 2013 may not be publicly available, e.g., All other East Helena Lead SIP SIP submittal. One comment was Confidential Business Information or provisions, including direct numerical submitted by Neal Blossom, Director of other information whose disclosure is limits on lead emissions from American Global Environmental and Regulatory restricted by statute. Certain other Chemet Corporation’s East Helena Affairs for American Chemet material, such as copyrighted material, facility, would remain unchanged. Corporation. The other comment was will be publicly available only in hard On January 12, 2018, the EPA submitted anonymously. Below is a copy. Publicly available docket published a proposed rulemaking for summary of the comments and the materials are available either this action (83 FR 1602). The proposed EPA’s responses. electronically through http:// rulemaking discussed the history of the Comment: American Chemet www.regulations.gov or in hard copy at East Helena lead SIP, including the lead Corporation supports the EPA’s the Air Program, Environmental in feed limits that were created in the approval of the SIP revisions submitted

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by the state of Montana on September INFORMATION CONTACT section of this • Is not subject to requirements of 11, 2013, because the air quality in the preamble for more information). section 12(d) of the National area will remain in compliance with the Therefore, these materials have been Technology Transfer and Advancement NAAQS standard, as demonstrated by approved by the EPA for inclusion in Act of 1995 (15 U.S.C. 272 note) because the modeling analysis submitted. the state implementation plan, have application of those requirements would Response: The EPA agrees that final been incorporated by reference by the be inconsistent with the Clean Air Act; approval of the revisions submitted by EPA into that plan, are fully federally and the state of Montana on September 11, enforceable under sections 110 and 113 • Does not provide the EPA with the 2013, will maintain compliance with of the CAA as of the effective date of the discretionary authority to address, as the lead NAAQS standard, as final rulemaking of the EPA’s approval, appropriate, disproportionate human demonstrated by the modeling analysis and will be incorporated by reference by health or environmental effects, using submitted. the Director of the Federal Register in practicable and legally permissible Comment: The anonymous the next update to the SIP compilation.1 methods, under Executive Order 12898 commenter made various statements (59 FR 7629, February 16, 1994). about the Endangered Species Act, the V. Statutory and Executive Order • In addition, the SIP does not apply National Environmental Policy Act, and Reviews on any Indian reservation land or in any cost-benefit analysis in general. The Under the CAA, the Administrator is other area where the EPA or an Indian commenter also alleged unspecified required to approve a SIP submission tribe has demonstrated that a tribe has impacts of unspecified regulations. that complies with the provisions of the jurisdiction. In those areas of Indian Response: After reviewing the Act and applicable federal regulations. country, the rule does not have tribal comments, the EPA has determined that 42 U.S.C. 7410(k); 40 CFR 52.02(a). implications and will not impose the comments are outside the scope of Thus, in reviewing SIP submissions, the substantial direct costs on tribal our proposed action or fail to identify EPA’s role is to approve state actions, governments or preempt tribal law as any material issue necessitating a provided that they meet the criteria of specified by Executive Order 13175 (65 response. the CAA. Accordingly, this action FR 67249, November 9, 2000). The Congressional Review Act, 5 III. Final Action merely approves some state law provisions as meeting federal U.S.C. 801 et seq., as added by the Small The EPA is taking final action to requirements; this action does not Business Regulatory Enforcement approve the revisions to Montana’s 1995 impose additional requirements beyond Fairness Act of 1996, generally provides Board Order to remove Exhibit A, those imposed by state law. For that that before a rule may take effect, the Section 3, Subsection B. reason, this action: agency promulgating the rule must Section 110(l) of the CAA prohibits submit a rule report, which includes a • Is not a significant regulatory action the EPA from approving any SIP copy of the rule, to each House of the subject to review by the Office of revision that would interfere with any Congress and to the Comptroller General Management and Budget under applicable requirement concerning of the United States. The EPA will Executive Orders 12866 (58 FR 51735, attainment and reasonable further submit a report containing this action October 4, 1993) and 13563 (76 FR 3821, progress (RFP) or any other applicable and other required information to the January 21, 2011); requirement of the CAA. For the reasons U.S. Senate, the U.S. House of • Is not expected to be an Executive explained in our January 12, 2018 Representatives, and the Comptroller Order 13771 regulatory action because proposed rulemaking notice, the General of the United States prior to this action is not significant under removal of Exhibit A, Section 3, publication of the rule in the Federal Executive Order 12866; Subsection B satisfies the conditions set Register. A major rule cannot take effect • Does not impose an information forth in section 110(l). until 60 days after it is published in the collection burden under the provisions Section 193 of the CAA, which only Federal Register. This action is not a of the Paperwork Reduction Act (44 applies to nonattainment areas, ‘‘major rule’’ as defined by 5 U.S.C. U.S.C. 3501 et seq.); prohibits the modification of a SIP- • 804(2). approved control requirement in effect Is certified as not having a Under section 307(b)(1) of the CAA, before November 15, 1990, unless the significant economic impact on a petitions for judicial review of this modification insures equivalent or substantial number of small entities action must be filed in the United States greater emissions reductions of such air under the Regulatory Flexibility Act (5 Court of Appeals for the appropriate U.S.C. 601 et seq.); pollutant. CAA section 193 does not • circuit by May 29, 2018. Filing a apply to this revision because the Does not contain any unfunded petition for reconsideration by the American Chemet limits were approved mandate or significantly or uniquely Administrator of this final rule does not into the SIP after November 15, 1990. affect small governments, as described affect the finality of this action for the in the Unfunded Mandates Reform Act purposes of judicial review nor does it IV. Incorporation by Reference of 1995 (Pub. L. 104–4); • extend the time within which a petition In this rule, the EPA is finalizing Does not have federalism for judicial review may be filed, and regulatory text that includes implications as specified in Executive shall not postpone the effectiveness of incorporation by reference. In Order 13132 (64 FR 43255, August 10, such rule or action. This action may not accordance with requirements of 1 CFR 1999); be challenged later in proceedings to • 51.5, the EPA is finalizing the Is not an economically significant enforce its requirements. (See CAA incorporation by reference of a revised regulatory action based on health or section 307(b)(2).) State of Montana Board Order as safety risks subject to Executive Order described in section III of this preamble. 13045 (62 FR 19885, April 23, 1997); List of Subjects in 40 CFR Part 52 The EPA has made, and will continue • Is not a significant regulatory action Environmental protection, Air to make, these materials generally subject to Executive Order 13211 (66 FR pollution control, Carbon monoxide, available through and at the EPA Region 28355, May 22, 2001); Intergovernmental relations, 8 Office (please contact the person Incorporation by reference, Lead, identified in the FOR FURTHER 1 62 Fed. Reg. 27968 (May 22, 1997). Nitrogen dioxide, Ozone, Particulate

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matter, Reporting and recordkeeping PART 52—APPROVAL AND centered heading ‘‘(4) Lewis and Clark requirements, Sulfur oxides, Volatile PROMULGATION OF County’’ by revising the entry for ‘‘Lead organic compounds. IMPLEMENTATION PLANS NAAQS—Board Orders, Stipulations, Exhibits, and Attachments, Exhibit A— Authority: 42 U.S.C. 7401 et seq. ■ 1. The authority citation for part 52 American Chemet Emissions Dated: March 22, 2018. continues to read as follows: Limitations and Conditions, American Douglas H. Benevento, Authority: 42 U.S.C. 7401 et seq. Chemet Corporation, East Helena, Regional Administrator, Region 8. Montana’’ to read as follows: Subpart BB—Montana 40 CFR part 52 is amended to read as § 52.1370 Identification of plan. follows: ■ 2. Section 52.1370 is amended in the * * * * * table in paragraph (d) under the (d) * * *

State effective Notice of final Title/subject date rule date NFR citation

*******

(4) Lewis and Clark County

******* Lead NAAQS—Board Orders, Stipulations, Exhibits, and Attachments, Exhibit 06/10/2013 3/28/2018 [insert Federal Register ci- A—American Chemet Emissions Limitations and Conditions, American tation]. Chemet Corporation, East Helena, Montana.

*******

[FR Doc. 2018–06109 Filed 3–27–18; 8:45 am] implementation of the 2008 lead Chicago, Illinois 60604, (312) 353–4489, BILLING CODE 6560–50–P NAAQS. EPA proposed this action on [email protected]. October 18, 2017, and received two SUPPLEMENTARY INFORMATION: public comments in response. Throughout this document whenever ENVIRONMENTAL PROTECTION DATES: This final rule is effective on ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean AGENCY March 28, 2018. EPA. This supplementary information section is arranged as follows: Is used, 40 CFR Parts 52 and 81 ADDRESSES: EPA has established a docket for this action under Docket ID we mean EPA. This supplementary [EPA–R05–OAR–2016–0593; FRL–9975– information section is arranged as 93—Region 5] No. EPA–R05–OAR–2016–0593. All documents in the docket are listed on follows: Air Plan Approval; Illinois; the www.regulations.gov website. I. What is the background for this final rule? Redesignation of the Chicago and Although listed in the index, some II. What are EPA’s responses to comments? Granite City Areas to Attainment of the information is not publicly available, III. What actions is EPA taking? i.e., Confidential Business Information IV. Incorporation by Reference 2008 Lead Standard V. Statutory and Executive Order Reviews (CBI) or other information whose AGENCY: Environmental Protection disclosure is restricted by statute. I. What is the background for this final Agency (EPA). Certain other material, such as rule? ACTION: Final rule. copyrighted material, is not placed on On November 12, 2008 (73 FR 66964), SUMMARY: The Environmental Protection the internet and will be publicly EPA established the 2008 primary and Agency (EPA) is approving the Illinois available only in hard copy form. secondary lead NAAQS at 0.15 Environmental Protection Agency’s Publicly available docket materials are micrograms per cubic meter (mg/m3) (Illinois EPA’s) request to redesignate available either through based on a maximum arithmetic 3- the Chicago and Granite City www.regulations.gov or at the month mean concentration for a 3-year nonattainment areas (hereafter also Environmental Protection Agency, period. See 40 CFR 50.16. referred to as the ‘‘areas’’) to attainment Region 5, Air and Radiation Division, 77 On November 22, 2010 (75 FR 71033), for the 2008 national ambient air quality West Jackson Boulevard, Chicago, and November 22, 2011 (76 FR 72097), standards (NAAQS or standards) for Illinois 60604. This facility is open from EPA designated the Granite City and lead, also identified as Pb. EPA is also 8:30 a.m. to 4:30 p.m., Monday through Chicago areas, respectively, as approving, as revisions to the Illinois Friday, excluding Federal holidays. We nonattainment for the 2008 lead state implementation plan (SIP): The recommend that you telephone Eric NAAQS. See 40 CFR 81.314. state’s plan for maintaining the 2008 Svingen, Environmental Engineer, at On January 9, 2014, Illinois EPA lead NAAQS in the areas for a period of (312) 353–4489 before visiting the submitted to EPA attainment plans for ten years following these redesignations; Region 5 office. the 2008 lead NAAQS. This submission the emissions inventories for the areas; FOR FURTHER INFORMATION CONTACT: Eric included a request to incorporate into and rules applying emission limits and Svingen, Environmental Engineer, the Illinois SIP new rules for lead other control requirements to lead Attainment Planning and Maintenance emission sources at Title 35 Illinois sources in the areas. EPA is taking these Section, Air Programs Branch (AR–18J), Administrative Code (Ill. Adm. Code) actions in accordance with applicable Environmental Protection Agency, Part 226. On June 17, 2014, Illinois EPA regulations and guidance that address Region 5, 77 West Jackson Boulevard, supplemented this submission with

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additional information regarding the Chicago and Granite City nonattainment federally enforceable measures are state rulemaking process. areas because it will be good for the achievable in practice in order to rely on On August 24, 2015 (80 FR 51127), environment.’’ The commenter further those measures for purposes of EPA published a clean data writes that ‘‘in order to redesign the redesignation. In any case, as discussed determination for the Chicago area, nonattainment areas in Chicago, below, Illinois EPA has provided based upon air monitoring data for the workers should look for a solution for emissions test information that show the 2012–2014 design period showing that proper sanitation and developing a limits are achievable and are being met. the area achieved attainment of the 2008 better ecosystem. Workers should focus The lead limits applicable to emission Pb NAAQS. on the factors that caused the area to units at the H. Kramer and Mayco On September 22, 2016, Illinois EPA become nonattainment. They should sources are codified at 35 Ill. Adm. Code requested that the Granite City and also measure the environmental Part 226. EPA notes that the commenter Chicago lead nonattainment areas be conditions such as the temperature of has mischaracterized the limits that redesignated to attainment for the 2008 the area.’’ The commenter notes that apply to Mayco. As shown in the lead NAAQS and submitted ‘‘high amounts of pollution can put modeling analysis submitted by Illinois maintenance plans for the areas as a people’s health at risk’’ and ‘‘if there are on January 9, 2014, there is no emission proposed revision to the Illinois SIP. In high amounts of pollution in the area unit at Mayco subject to limits of 0.01 this September 22, 2016, submission, then the area is considered to be gr/dscf. In fact, the modeling in Illinois’ Illinois EPA withdrew most parts of the nonattainment.’’ submission lists four emission units at previous two submissions, but did not Response 1: This comment does not Mayco: One baghouse limited to 0.001 withdraw the request that EPA approve, provide information that would alter gr/dscf, as well as three baghouses as a revision to the Illinois SIP, the EPA’s evaluation of the State’s request limited to 0.0001 gr/dscf. Similarly, the requirements at 35 Ill. Adm. Code Part to redesignate the Chicago and Granite modeling lists seven emission units at 226 to limit lead emissions in the areas. City areas, which is based on the H. Kramer: Two powered vents and two Illinois similarly did not withdraw applicable statutory criteria. 82 FR new baghouses limited to 0.0001 certain attachments and support 48448, 48450–56. EPA agrees that high gr/dscf, as well as one powered vent, documents, such as emissions amounts of pollution can be deleterious one older baghouse, and one wet inventories and modeling data, that are to public health, and notes that Illinois’ scrubber limited to 0.00001 gr/dscf. relevant to the request. On February 16, control measures at 35 Ill. Adm. Code On December 7, 2017, and on March 2017, Illinois EPA clarified certain Part 226 address the main factors that 14, 2018, in support of this final details regarding the maintenance plan caused the areas to be designated as rulemaking, Illinois EPA provided EPA components of its September 22, 2016 nonattainment for the 2008 lead with information relevant to this submission. NAAQS. comment. That information is provided On October 18, 2017 (82 FR 48448), Comment 2: A commenter writes that in the docket for this rulemaking. EPA published a direct final rule EPA ‘‘shouldn’t approve this Illinois EPA’s information includes approving Illinois EPA’s request to redesignation request due to the reports of emissions tests from the H. redesignate the Chicago and Granite unachievable limits modeled for the Kramer and Mayco facilities, and all City nonattainment areas to attainment Mayco and H. Kramer sources’’ within available results indicate compliance for the 2008 lead NAAQS, the state’s the Granite City and Chicago areas, with the applicable limits. maintenance plans for the areas, respectively. Specifically, the Emissions tests conducted at H. emissions inventories for the areas, and commenter identifies the following as Kramer in March 2016 indicate that the rules applying emission limits and other sources with ‘‘limits modeled that are average concentration of lead emissions control requirements to lead sources in impossible to acheive [sic] in practice’’: from H. Kramer’s older baghouse and the areas. EPA also concurrently issued Four sources at H. Kramer with limits of wet scrubber are 0.000000602 gr/dscf a proposal on October 18, 2017 (82 FR 0.0001 grains per dry standard cubic and 0.000000738 gr/dscf, respectively, 48475). The direct final rule contains a foot (gr/dscf); a wet scrubber, existing within the applicable limit of 0.00001 detailed analysis of Illinois’s submittal baghouse and one power vent at H. gr/dscf. Tests conducted at H. Kramer in and the applicable requirements for Kramer with limits of 0.00001 gr/dscf; April 2012 and June 2012 indicate that purpose of redesignation. In the direct and unspecified point sources at Mayco the average concentration of lead final rule, EPA stated that if adverse with limits of 0.01 and 0.001 grs/dscf. emissions from powered vents labeled comments were received by November Regarding the limit of 0.00001 gr/dscf, ‘‘R1COOL’’ AND ‘‘R2COOL’’ are 17, 2017, the rule would be withdrawn the commenter states that ‘‘filter 0.0000531 gr/dscf and 0.0000491 and would not take effect. EPA received cartridge manufacturers state they gr/dscf, respectively, within the an adverse comment prior to the close cannot guarantee capture efficiency or applicable limit of 0.0001 gr/dscf, and of the comment period; therefore, on even control efficiency at such a minute the average concentration of lead December 8, 2017 (82 FR 57853), EPA standard.’’ The commenter further emissions from powered vent labeled published a withdrawal of the direct writes that ‘‘EPA must be able to show ‘‘INGOT’’ is 0.0000055 gr/dscf, within final rule. EPA is addressing that that these modeled limits are actually the applicable limit of 0.00001 gr/dscf. adverse comment, as well as an achievable in practice otherwise the Tests conducted at H. Kramer in additional comment, in this final action. redesignation request is faulted to an September 2013 indicate that the extraordinary degree.’’ average concentration of lead emissions II. What are EPA’s responses to Response 2: EPA disagrees with the from new baghouses A and B are comments? commenter’s statements, and notes that 0.000003 gr/dscf and 0.000001 gr/dscf, During the comment period, EPA the commenter has supplied no respectively, within the applicable limit received two comments, one of which is evidence supporting claims that the of 0.0001 gr/dscf. adverse. A summary of both comments control measures applying to the H. Emissions tests conducted at Mayco and EPA’s responses are provided Kramer and Mayco facilities are in April 2016 and June 2016 also below. unachievable. EPA is not required by indicate that the average concentration Comment 1: A commenter writes that section 107(d)(3)(E) of the CAA to of lead emissions from all units are EPA ‘‘should request to redesign [sic] demonstrate that permanent and within applicable limits. Tests of

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Baghouse 1, also identified as ‘‘cast- redesignate an area under CAA section and Mayco facilities, and inclusion of refine baghouse,’’ showed emissions of 107(d)(3)(E). 82 FR 48454. these rules into the SIP makes these 0.000081 gr/dscf, within the applicable measures permanent and enforceable. In III. What actions is EPA taking? limit of 0.0001 gr/dscf. Tests of today’s action, EPA is approving Baghouse 2, also identified as ‘‘casting EPA is approving Illinois’ request to Illinois’ request to modify the SIP to fugitives baghouse,’’ showed emissions redesignate the Chicago and Granite include these rules. of 0.000014 gr/dscf, within the City areas from nonattainment to In accordance with 5 U.S.C. 553(d), applicable limit of 0.001 gr/dscf. Tests attainment for the 2008 lead NAAQS EPA finds there is good cause for these of Baghouse 3, also identified as ‘‘lead under section 107(d)(3)(E) of the Clean actions to become effective immediately wool cartridge filter,’’ showed emissions Air Act (CAA). Specifically, section upon publication. This is because a of 0.000023 gr/dscf, within the 107(d)(3)(E) of the CAA allows for delayed effective date is unnecessary applicable limit of 0.0001 gr/dscf. Tests redesignation provided that: (1) The due to the nature of a redesignation to of Baghouse 6, also identified as ‘‘shot Administrator determines that the area attainment, which relieves the area from department baghouse discharge,’’ has attained the applicable NAAQS certain CAA requirements that would showed emissions of 0.000001 gr/dscf, based on current air quality data; (2) the otherwise apply to it. The immediate within the applicable limit of 0.0001 Administrator has fully approved an effective date for this action is gr/dscf. applicable SIP for the area under section authorized under both 5 U.S.C. All tests were conducted according to 110(k) of the CAA; (3) the Administrator 553(d)(1), which provides that EPA test methods provided at 40 CFR determines that the improvement in air rulemaking actions may become part 60, appendix A, and all measured quality is due to permanent and effective less than 30 days after values are within the limits provided at enforceable emission reductions publication if the rule ‘‘grants or 35 Ill. Adm. Code Part 226. Therefore, resulting from implementation of the recognizes an exemption or relieves a applicable SIP, Federal air pollution EPA does not agree with commenter restriction,’’ and section 553(d)(3), control regulations, or other permanent that these limits are unachievable in which allows an effective date less than and enforceable emission reductions; (4) practice. 30 days after publication ‘‘as otherwise the Administrator has fully approved a provided by the agency for good cause Furthermore, the commenter’s broad maintenance plan for the area meeting found and published with the rule.’’ allegation regarding efficiency the requirements of section 175A of the The purpose of the 30-day waiting guarantees from cartridge manufacturers CAA; and (5) the state containing the period prescribed in section 553(d) is to does not provide adequate support for area has met all requirements applicable give affected parties a reasonable time to the position that the limits are not to the area for purposes of redesignation adjust their behavior and prepare before achievable. The commenter did not under section 110 and the requirements the final rule takes effect. Today’s rule, include any details about what the for nonattainment areas under part D of however, does not create any new manufacturer purportedly stated as to the CAA. Based upon the analysis regulatory requirements such that the control or capture efficiencies. In the provided in our direct final rule affected parties would need time to information provided in December published on October 18, 2017 (82 FR prepare before the rule takes effect. 2017, Illinois EPA noted that 48448), EPA finds that Illinois has met Rather, today’s rule relieves the state of manufacturer statements about control these criteria. planning requirements for these lead and capture efficiencies usually apply to Approval of this redesignation request nonattainment area. For these reasons, particulate matter emissions and are not changes the official designation of the EPA finds good cause under 5 U.S.C. specific to lead emissions. At H. Kramer Chicago, Illinois and Granite City, 553(d)(3) for these actions to become and Mayco, lead is a small percentage Illinois areas for the 2008 lead NAAQS, effective on the date of publication of of total particulate emitted from each found at 40 CFR part 81, from these actions. point source, and lead emissions cannot nonattainment to attainment. This be determined without additional action also approves, as revisions to the IV. Incorporation by Reference laboratory analysis. Therefore, it is Illinois SIP, the rules at 35 Ill. Adm. In this rule, EPA is finalizing likely that any claim by a manufacturer Code Part 226, maintenance plans for regulatory text that includes regarding ‘‘capture efficiency’’ or the 2008 lead standard in the Chicago incorporation by reference. In ‘‘control efficiency’’ would not have and Granite City areas, and Illinois’ accordance with requirements of 1 CFR been provided specifically with respect 2012 emissions inventories for the 51.5, EPA is finalizing the incorporation to lead in terms of gr/dscf. As such, Chicago and Granite City areas pursuant by reference of the Illinois Regulations those statements provide no relevant to section 172(c)(3) of the CAA. described in the amendments to 40 CFR support for the contention that Illinois’ Section 172(c)(3) of the CAA requires part 52 set forth below. EPA has made, lead limits are unachievable. areas to submit a comprehensive and will continue to make, these Additionally, monitoring data show emissions inventory including all lead documents generally available through that ambient levels of lead pollution in sources in the nonattainment area. EPA www.regulations.gov, and at the EPA these areas have fallen to lower levels is approving the Illinois 2012 emissions Region 5 Office (please contact the within the standard of 0.15 mg/m3 since inventories outlined in Table 5 of the person identified in the FOR FURTHER the emission limits and control October 17, 2017, direct final rule for INFORMATION CONTACT section of this measures in 35 Ill. Adm. Code Part 226 the Chicago and Granite City areas as preamble for more information). became effective. This supports EPA’s fulfilling this requirement. Therefore, these materials have been redesignation of the areas to attainment In its September 22, 2016, approved by EPA for inclusion in the because it shows the areas continue to submission, Illinois EPA requested that State implementation plan, have been attain the standard, and these EPA approve 35 Ill. Adm. Code Part 226 incorporated by reference by EPA into improvements in air quality are due to as a revision to the Illinois SIP as that plan, are fully federally enforceable permanent and enforceable measures control measures to maintain attainment under sections 110 and 113 of the CAA that result from implementation of the in the Chicago and Granite City areas. as of the effective date of the final SIP, which are two of the statutory These rules control emissions from lead rulemaking of EPA’s approval, and will criteria that EPA must demonstrate to sources, specifically at the H. Kramer be incorporated by reference by the

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Director of the Federal Register in the • Is not subject to requirements of be challenged later in proceedings to next update to the SIP compilation.1 section 12(d) of the National enforce its requirements. (See section Technology Transfer and Advancement 307(b)(2)). V. Statutory and Executive Order Act of 1995 (15 U.S.C. 272 note) because Reviews List of Subjects application of those requirements would Under the CAA, the Administrator is be inconsistent with the CAA; and 40 CFR Part 52 required to approve a SIP submission • Does not provide EPA with the Environmental protection, Air that complies with the provisions of the discretionary authority to address, as pollution control, Incorporation by CAA and applicable Federal regulations. appropriate, disproportionate human reference, Intergovernmental relations, 42 U.S.C. 7410(k); 40 CFR 52.02(a). health or environmental effects, using Lead, Reporting and recordkeeping Thus, in reviewing SIP submissions, practicable and legally permissible requirements. EPA’s role is to approve state choices, methods, under Executive Order 12898 provided that they meet the criteria of (59 FR 7629, February 16, 1994). 40 CFR Part 81 the CAA. Accordingly, this action In addition, the SIP is not approved Environmental protection, Air merely approves state law as meeting to apply on any Indian reservation land pollution control, National parks, Federal requirements and does not or in any other area where EPA or an Wilderness areas. impose additional requirements beyond Indian tribe has demonstrated that a those imposed by state law. For that tribe has jurisdiction. In those areas of Dated: March 15, 2018. reason, this action: Indian country, the rule does not have Cathy Stepp, • Is not a significant regulatory action tribal implications and will not impose Regional Administrator, Region 5. subject to review by the Office of substantial direct costs on tribal 40 CFR parts 52 and 81 are amended Management and Budget under governments or preempt tribal law as as follows: Executive Orders 12866 (58 FR 51735, specified by Executive Order 13175 (65 October 4, 1993) and 13563 (76 FR 3821, FR 67249, November 9, 2000). PART 52—APPROVAL AND January 21, 2011); The Congressional Review Act, 5 PROMULGATION OF • Is not an Executive Order 13771 (82 U.S.C. 801 et seq., as added by the Small IMPLEMENTATION PLANS FR 9339, February 2, 2017) regulatory Business Regulatory Enforcement action because SIP approvals are Fairness Act of 1996, generally provides ■ 1. The authority citation for part 52 that before a rule may take effect, the exempted under Executive Order 12866; continues to read as follows: agency promulgating the rule must • Does not impose an information Authority: 42 U.S.C. 7401 et seq. submit a rule report, which includes a collection burden under the provisions ■ copy of the rule, to each House of the 2. In § 52.720 the tables in paragraph of the Paperwork Reduction Act (44 Congress and to the Comptroller General (c) and (e) are amended: U.S.C. 3501 et seq.); ■ a. In paragraph (c) under the • of the United States. EPA will submit a Is certified as not having a report containing this action and other subheading ‘‘Subchapter c: Emission significant economic impact on a required information to the U.S. Senate, Standards and Limitations for substantial number of small entities the U.S. House of Representatives, and Stationary Sources’’ by adding the under the Regulatory Flexibility Act (5 the Comptroller General of the United subheading ‘‘Part 226: Standards And U.S.C. 601 et seq.); Limitations For Certain Sources Of • States prior to publication of the rule in Does not contain any unfunded the Federal Register. A major rule Lead’’ and entries for ‘‘226.100’’ through mandate or significantly or uniquely cannot take effect until 60 days after it ‘‘226.185’’ in numerical order; affect small governments, as described is published in the Federal Register. ■ b. In paragraph (e) under the in the Unfunded Mandates Reform Act This action is not a ‘‘major rule’’ as subheading ‘‘Attainment and of 1995 (Pub. L. 104–4); defined by 5 U.S.C. 804(2). Maintenance Plans’’ by adding an entry • Does not have Federalism Under section 307(b)(1) of the CAA, for ‘‘Lead (2008) redesignation and implications as specified in Executive petitions for judicial review of this maintenance plan’’ in alphanumerical Order 13132 (64 FR 43255, August 10, action must be filed in the United States order; and 1999); Court of Appeals for the appropriate ■ c. In paragraph (e) under the • Is not an economically significant circuit by May 29, 2018. Filing a subheading ‘‘Emission Inventories’’ by regulatory action based on health or petition for reconsideration by the adding the entry ‘‘Emission inventory— safety risks subject to Executive Order Administrator of this final rule does not 2012 (2008 Lead)’’ in alphanumerical 13045 (62 FR 19885, April 23, 1997); affect the finality of this action for the order. • Is not a significant regulatory action purposes of judicial review nor does it The additions read as follows: subject to Executive Order 13211 (66 FR extend the time within which a petition 28355, May 22, 2001); for judicial review may be filed, and § 52.720 Identification of plan. shall not postpone the effectiveness of * * * * * 1 62 FR 27968 (May 22, 1997). such rule or action. This action may not (c) * * *

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EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES

State Illinois citation Title/subject effective EPA approval date Comments date

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Subchapter c: Emission Standards and Limitations for Stationary Sources

*******

Part 226: Standards and Limitations for Certain Sources of Lead

226.100 ...... Severability ...... 4/21/2014 3/28/18, [insert Federal Reg- ister citation]. 226.105 ...... Scope and Organization ...... 4/21/2014 3/28/18, [insert Federal Reg- ister citation]. 226.110 ...... Abbreviations and Acronyms .. 4/21/2014 3/28/18, [insert Federal Reg- ister citation]. 226.115 ...... Definitions ...... 4/21/2014 3/28/18, [insert Federal Reg- ister citation]. 226.120 ...... Incorporations by Reference .. 4/21/2014 3/28/18, [insert Federal Reg- ister citation]. 226.125 ...... Applicability ...... 4/21/2014 3/28/18, [insert Federal Reg- ister citation]. 226.130 ...... Compliance Date ...... 4/21/2014 3/28/18, [insert Federal Reg- ister citation]. 226.140 ...... Lead Emission Standards ...... 4/21/2014 3/28/18, [insert Federal Reg- ister citation]. 226.150 ...... Operational Monitoring for 4/21/2014 3/28/18, [insert Federal Reg- Control Device. ister citation]. 226.155 ...... Total Enclosure ...... 4/21/2014 3/28/18, [insert Federal Reg- ister citation]. 226.160 ...... Operational Measurement for 4/21/2014 3/28/18, [insert Federal Reg- Total Enclosure. ister citation]. 226.165 ...... Inspection ...... 4/21/2014 3/28/18, [insert Federal Reg- ister citation]. 226.170 ...... Lead Fugitive Dust Operating 4/21/2014 3/28/18, [insert Federal Reg- Program. ister citation]. 226.175 ...... Emissions Testing ...... 4/21/2014 3/28/18, [insert Federal Reg- ister citation]. 226.185 ...... Recordkeeping and Reporting 4/21/2014 3/28/18, [insert Federal Reg- ister citation].

*******

* * * * * (e) ** *

EPA-APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS

State Name of SIP provision Applicable geographic or non- submittal EPA approval date Comments attainment area date

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Attainment and Maintenance Plans

******* Lead (2008) Redesignation Chicago and Granite City 9/22/2016 3/28/18, [insert Federal Reg- and maintenance plan. areas. ister citation].

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Emission Inventories

******* Emission inventory-2012 (2008 Chicago and Granite City 9/22/2016 3/28/18, [insert Federal Reg- Lead). areas. ister citation].

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EPA-APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS—Continued

State Name of SIP provision Applicable geographic or non- submittal EPA approval date Comments attainment area date

*******

PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401, et seq. § 81.314 Illinois. FOR AIR QUALITY PLANNING ■ 4. Section 81.314 is amended by * * * * * PURPOSES revising the table entitled ‘‘Illinois— ■ 3. The authority citation for part 81 2008 Lead NAAQS’’ to read as follows: continues to read as follows:

ILLINOIS—2008 LEAD NAAQS

Designation for the 2008 NAAQS a Designated area Date 1 Type

Chicago, IL: Cook County (part) ...... 3/28/18 Attainment. Area bounded by Damen Ave. on the west, Roosevelt Rd. on the north, the Dan Ryan Express- way on the east, and the Stevenson Expressway on the south. Granite City, IL: Madison County (part) ...... 3/28/18 Attainment. Area is bounded by Granite City Township and Venice Township. Rest of State ...... Unclassifiable/Attain- ment. a Includes Indian Country located in each county or area, except as otherwise specified. 1 December 31, 2011 unless otherwise noted.

[FR Doc. 2018–06128 Filed 3–27–18; 8:45 am] and 2018, and the catch limit in 2018 is Background BILLING CODE 6560–50–P 114 metric tons (mt). To avoid exceeding the biennial limit, NMFS is On December 7, 2017, NMFS imposing a 1-mt trip limit—except for published a proposed rule in the Federal Register (82 FR 57699) to revise DEPARTMENT OF COMMERCE large-mesh drift gillnet vessels, which would be subject to a 2-mt trip limit— regulations at 50 CFR part 300, subpart National Oceanic and Atmospheric throughout 2018 or until the 2018 catch C, for the commercial catch of Pacific Administration limit is reached and the fishery is bluefin tuna applicable to U.S. closed. This action is necessary for the commercial vessels in 2018. The public 50 CFR Part 300 United States to satisfy its obligations as comment period was open until January a member of the Inter-American 8, 2018. [Docket No. 170925942–8250–02] Tropical Tuna Commission. This This final rule is implemented under document also announces the RIN 0648–BH30 the authority of the Tuna Conventions availability of a final supplemental Act (16 U.S.C. 951 et seq.), which International Fisheries; Pacific Tuna Environmental Assessment that directs the Secretary of Commerce, after Fisheries; Revised 2018 Commercial analyzed the environmental impacts of Fishing Restrictions for Pacific Bluefin imposing a reduced trip limit. approval by the Secretary of State, to promulgate regulations as may be Tuna in the Eastern Pacific Ocean; DATES: The final rule is effective April 2018 Catch Limit 27, 2018. necessary to implement resolutions adopted by the Inter-American Tropical ADDRESSES: Copies of the supplemental AGENCY: National Marine Fisheries Environmental Assessment and other Tuna Commission (IATTC). This Service (NMFS), National Oceanic and supporting documents are available via authority has been delegated to the Atmospheric Administration (NOAA), the Federal eRulemaking Portal: http:// National Marine Fisheries Service Commerce. www.regulations.gov, docket NOAA– (NMFS). ACTION: Final rule and notice of NMFS–2017–0128, or contact the The proposed rule contains additional availability of a final supplemental Highly Migratory Species Branch Chief, background information, including environmental assessment (EA). Heidi Taylor, 501 W. Ocean Blvd., Suite information on the IATTC, the 4200, Long Beach, CA 90802, or SUMMARY: The National Marine international obligations of the United Fisheries Service is issuing regulations RegionalAdministrator.WCRHMS@ States as a member of the IATTC, and under the Tuna Conventions Act to noaa.gov. the need for regulations. Public revise trip limits on the commercial FOR FURTHER INFORMATION CONTACT: comments received are addressed catch of Pacific bluefin tuna applicable Celia Barroso, NMFS, Celia.Barroso@ below. The regulatory text in this final to 2018. U.S. commercial fishing vessels noaa.gov, 562–432–1850. rule is unchanged from the regulatory are subject to a biennial limit for 2017 SUPPLEMENTARY INFORMATION: text of the proposed rule.

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New Regulations for 2018 that closed on January 8, 2018. Two Conventions Act and other applicable This final rule revises the trip limits comments expressed support for the laws. for U.S. commercial vessels that catch measures. Another two comments urged This rule was determined to be not Pacific bluefin tuna in the Convention a 5-mt trip limit when PBF is landed significant for purposes of Executive Area (defined as the area bounded by with yellowfin tuna (YFT) and the Order 12866. ° majority of the landing consists of YFT. the coast of the Americas, the 50 N and Although there are no new collection- 50° S parallels, the 150° W meridian, These commenters asserted that more than 1 mt of PBF is often caught of-information requirements associated and the waters of the eastern Pacific with this action that are subject to the Ocean (EPO)) for 2018. A 1-metric ton incidentally in individual purse seine sets that are targeting YFT. However, Paperwork Reduction Act, existing (mt) trip limit applicable to all U.S. collection-of-information requirements commercial vessels except large-mesh NMFS does not have data that confirms the assertion that purse seine vessels associated with the Fishery drift gillnet vessels and a 2-mt trip limit Management Plan for U.S. West Coast applicable to large-mesh drift gillnet harvest between 1 and 5 mt of PBF in sets that are targeting YFT. NMFS will Fisheries for Highly Migratory Species vessels will be in effect in 2018 or until still apply. These requirements have the fishery is closed. When the 2018 attempt to obtain this data and consider been approved by the Office of catch limit of 114 mt is reached, the this request in the future management of Management and Budget under Control fishery shall be closed through the end PBF, if appropriate. Furthermore, these Number 0648–0204. Notwithstanding of the 2018 calendar year. commenters also suggested the rule any other provision of the law, no When NMFS determines that the would have a significant economic person is required to respond to, and no catch limit is expected to be reached in impact for purposes of the Regulatory person shall be subject to penalty for 2018 (based on landings receipts, data Flexibility Act, 5 U.S.C. 601 et seq., failure to comply with, a collection-of- submitted in logbooks, and other contrary to the agency’s conclusion. available fishery information), it will However, available data used in the information subject to the requirements prohibit commercial fishing for, or analysis do not support this position. As of the PRA, unless that collection-of- retention of, Pacific bluefin tuna for the stated in the Classification section of the information displays a currently valid remainder of the calendar year. NMFS proposed rule, ‘‘the value of Pacific OMB control number. will publish a notice in the Federal bluefin tuna in coastal pelagic purse The Chief Counsel for Regulation of Register announcing that the targeting, seine fishery [including as incidental the Department of Commerce certified retaining, transshipping, or landing of catch on trips targeting yellowfin] from to the Chief Counsel for Advocacy of the Pacific bluefin tuna will be prohibited 2006–2015 . . . is negligible relative to Small Business Administration during on a specified effective date through the the fleet’s annual revenue resulting from the proposed rule stage that, for end of that calendar year. Upon that other species.’’ Additionally, this rule purposes of the Regulatory Flexibility effective date, a commercial fishing will apply only to 2018, so the impacts Act, this action would not have a vessel of the United States may not be from this rule for affected entities will significant economic impact on a used to target, retain on board, be limited to one year. Managers will substantial number of small entities. transship, or land Pacific bluefin tuna continue to assess the relative The factual basis for the certification captured in the Convention Area during importance of the PBF fishery to the was published in the proposed rule and the period specified in the fleet’s portfolio, along with conservation is not repeated here. NMFS received announcement; however, any Pacific and other management priorities, in two comments on the certification and bluefin tuna already on board a fishing future decision-making. they are addressed above under the vessel on the effective date may be A fifth commenter suggested a 2-mt Public Comments and Responses retained on board, transshipped, and/or trip limit for all gear-types and proposed section. No information received during landed, to the extent authorized by a phased approach in which, as the the public comment period changes applicable laws and regulations, annual limit is neared, the trip limit gets NMFS’ analysis. Therefore, the initial provided that they are landed within 14 reduced to 1 mt and then 0.5 mt. certification published with the days after the effective date. However, because processors in proposed rule—that this rule is not California are not required to submit Catch Monitoring expected to have a significant economic landing receipts until 15 days after a impact on a substantial number of small NMFS will provide updates on Pacific landing, depending on the date of the entities—remains unchanged. As a bluefin tuna catch in the Convention landing, NMFS may not have adequate result, a regulatory flexibility analysis Area to the public via the IATTC listserv time to reduce the trip limits on time if was not required and none was and the West Coast Region website: the catch rate is increased to 2-mt per prepared. http:// trip. Furthermore, the proposed trip www.westcoast.fisheries.noaa.gov/ limits are designed to be large enough List of Subjects in 50 CFR Part 300 fisheries/migratory_species/bluefin_ to avoid regulatory discards throughout tuna_harvest_status.html. Additionally, the year, but a 1-mt trip limit would Administrative practice and NMFS will report preliminary estimates increase the likelihood of regulatory procedure, Fish, Fisheries, Fishing, of Pacific bluefin tuna catch more discards for drift gillnet vessels and 0.5- Marine resources, Reporting and frequently than monthly intervals if and mt trip limit would likely result in recordkeeping requirements, Treaties. when commercial catch approaches the regulatory discards for other gear-types Dated: March 22, 2018. limit to allow participants in the U.S. as well. Samuel D. Rauch, III, commercial fishery plan for the Classification Deputy Assistant Administrator for possibility of a fishery closure. Regulatory Programs, National Marine After consulting with the Department Fisheries Service. Public Comments and Responses of State and the United States Coast NMFS received five written Guard, the NMFS Assistant For the reasons set out in the comments during the 30-day public Administrator has determined that this preamble, 50 CFR part 300 is amended comment period on the proposed rule rule is consistent with the Tuna as follows:

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PART 300—INTERNATIONAL deep-water species fishery by vessels flatfish, rex sole, and arrowtooth FISHERIES REGULATIONS using trawl gear in the Gulf of Alaska flounder. (GOA). This action is necessary because After the effective date of this closure Subpart C—Eastern Pacific Tuna the first seasonal apportionment of the the maximum retainable amounts at Fisheries Pacific halibut bycatch allowance § 679.20(e) and (f) apply at any time specified for the deep-water species ■ during a trip. 1. The authority citation for part 300, fishery in the GOA will be reached. subpart C, continues to read as follows: Classification DATES: Effective 1200 hours, Alaska Authority: 16 U.S.C. 951 et seq. local time March 23, 2018, through 1200 This action responds to the best ■ 2. In § 300.25, revise paragraph (g)(3) hours, A.l.t., April 1, 2018. available information recently obtained to read as follows: FOR FURTHER INFORMATION CONTACT: Josh from the fishery. The Assistant Administrator for Fisheries, NOAA § 300.25 Fisheries management. Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: (AA), finds good cause to waive the * * * * * NMFS manages the groundfish fishery in the requirement to provide prior notice and (g) * * * opportunity for public comment (3) In 2018, a 1 metric ton trip limit GOA exclusive economic zone according to the Fishery Management pursuant to the authority set forth at will be in effect, except for vessels using 5 U.S.C. 553(b)(B) as such requirement large-mesh (14 inch or greater stretched Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North is impracticable and contrary to the mesh) drift gillnet gear. In 2018, a 2 public interest. This requirement is metric ton trip limit will be in effect for Pacific Fishery Management Council under authority of the Magnuson- impracticable and contrary to the public vessels using large-mesh drift gillnet interest as it would prevent NMFS from gear. Stevens Fishery Conservation and Management Act. Regulations governing responding to the most recent fisheries * * * * * data in a timely fashion and would [FR Doc. 2018–06148 Filed 3–27–18; 8:45 am] fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 delay the closure of the deep-water BILLING CODE 3510–22–P CFR part 600 and 50 CFR part 679. species fishery by vessels using trawl The first seasonal apportionment of gear in the GOA. NMFS was unable to publish a notice providing time for DEPARTMENT OF COMMERCE the Pacific halibut bycatch allowance specified for the trawl deep-water public comment because the most National Oceanic and Atmospheric species fishery in the GOA is 85 metric recent, relevant data only became Administration tons as established by the final 2018 and available as of March 21, 2018. 2019 harvest specifications for The AA also finds good cause to 50 CFR Part 679 groundfish of the GOA (83 FR 8768, waive the 30-day delay in the effective March 1, 2018), for the period 1200 date of this action under 5 U.S.C. [Docket No. 170816769–8162–02] hours, A.l.t., January 20, 2018, through 553(d)(3). This finding is based upon RIN 0648–XG109 1200 hours, A.l.t., April 1, 2018. the reasons provided above for waiver of In accordance with § 679.21(d)(6)(i), prior notice and opportunity for public Fisheries of the Economic Exclusive the Administrator, Alaska Region, comment. Zone Off Alaska; Deep-Water Species NMFS, has determined that the first This action is required by § 679.21 Fishery by Vessels Using Trawl Gear in seasonal apportionment of the Pacific and is exempt from review under the Gulf of Alaska halibut bycatch allowance specified for Executive Order 12866. AGENCY: National Marine Fisheries the trawl deep-water species fishery in Authority: 16 U.S.C. 1801 et seq. Service (NMFS), National Oceanic and the GOA will be reached. Consequently, Dated: March 22, 2018. Atmospheric Administration (NOAA), NMFS is prohibiting directed fishing for Commerce. the deep-water species fishery by Jennifer M. Wallace, Acting Director, Office of Sustainable ACTION: Temporary rule; closure. vessels using trawl gear in the GOA. The species and species groups that Fisheries, National Marine Fisheries Service. SUMMARY: NMFS is prohibiting directed comprise the deep-water species fishery [FR Doc. 2018–06145 Filed 3–22–18; 4:15 pm] fishing for species that comprise the include sablefish, rockfish, deep-water BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 83, No. 60

Wednesday, March 28, 2018

This section of the FEDERAL REGISTER Washington, DC 20044. Submissions The only change from the temporary contains notices to the public of the proposed may be hand-delivered Monday through regulations in the final regulations was issuance of rules and regulations. The Friday between the hours of 8 a.m. and to replace the word ‘‘examine’’ with purpose of these notices is to give interested 4 p.m. to CC:PA:LPD:PR (REG–132434– ‘‘review’’ in the phrase describing what persons an opportunity to participate in the 17), Courier’s Desk, Internal Revenue contractors may do with books, papers, rule making prior to the adoption of the final rules. Service, 1111 Constitution Avenue NW, records, or other data received by the Washington, DC, or sent electronically IRS under a summons. The preamble to via the Federal eRulemaking Portal at the final regulations explains that this DEPARTMENT OF THE TREASURY www.regulations.gov (IRS–REG– was intended to clarify that the 132434–17). regulations do not authorize contractors Internal Revenue Service FOR FURTHER INFORMATION CONTACT: to direct audits of a taxpayer’s return. Concerning submission of comments, See 81 FR 45410. 26 CFR Part 301 Regina Johnson, (202) 317–6901; Description of Summons Interview [REG–132434–17] concerning the proposed regulations, Regulations William V. Spatz at (202) 317–5461 (not RIN 1545–B012 toll-free numbers). The United States tax system relies SUPPLEMENTARY INFORMATION: upon taxpayers’ self-assessment and Certain Non-Government Attorneys reporting of their tax liability. The Not Authorized To Participate in Background expansive information-gathering Examinations of Books and Witnesses These proposed regulations amend authority that Congress granted to the as a Section 6103(n) Contractor Procedure and Administration IRS under the Code includes the IRS’s broad examination and summons AGENCY: Internal Revenue Service (IRS), Regulations (26 CFR part 301) under authority, which allows the IRS to Treasury. section 7602(a) of the Internal Revenue Code relating to participation by determine the accuracy of that self- ACTION: Notice of proposed rulemaking. persons described in section 6103(n) assessment. See United States v. Arthur Young & Co., 65 U.S. 805, 816 (1984). SUMMARY: This document contains and Treas. Reg. § 301.6103(n)–1(a) in Section 7602(a) provides that, for the proposed regulations to amend receiving and reviewing summoned purpose of ascertaining the correctness regulations under section 7602(a) of the books, papers, records, or other data and of any return, making a return where Internal Revenue Code relating to in interviewing a summoned witness none has been made, or determining the administrative proceedings. Current under oath. These proposed regulations liability of any person for any internal regulations permit any person narrow the scope of the current revenue tax, the IRS is authorized to authorized to receive returns and return regulations by providing that certain examine books and records, issue information under section 6103(n) and non-government attorneys hired by the summonses seeking documents and the regulations thereunder to receive IRS are not authorized to participate in testimony, and take testimony from and review summoned books, papers, an examination. witnesses under oath. These provisions and other data, and, in the presence and On June 18, 2014, temporary have been part of the revenue laws since under the guidance of an IRS officer or regulations (TD 9669) regarding 1864. employee, participate fully in the participation in a summons interview of interview of a witness in a summons a person described in section 6103(n) Use of outside specialists is interview. These proposed regulations were published in the Federal Register appropriate to assist the IRS in significantly narrow the scope of the (79 FR 34625). A notice of proposed determining the correctness of the current regulations by excluding non- rulemaking (REG–121542–14) cross- taxpayer’s self-assessed tax liability. The government attorneys from receiving referencing the temporary regulations assistance of persons from outside the summoned books, papers, records, or was published in the Federal Register IRS, such as economists, engineers, other data or from participating in the (79 FR 34668) the same day. No public appraisers, industry specialists, and interview of a witness summoned by the hearing was requested or held. The actuaries, promotes fair and efficient IRS to provide testimony under oath, Internal Revenue Service received two administration and enforcement of the with a limited exception. These comments on the proposed regulations. laws administered by the IRS by proposed regulations affect taxpayers One comment recommended that the providing specialized knowledge, skills, involved in a federal tax examination regulations be revised to remove the or abilities that the IRS officers or and other persons whose books and provision permitting a contractor to employees assigned to the examination records or testimony are sought to be question a witness under oath or to ask may not possess. Section 6103(n) and examined by the IRS under section a witness’s representative to clarify an Treas. Reg. § 301.6103(n)–1(a) authorize 7602(a). objection or assertion of privilege. The the IRS to disclose returns and return other comment recommended that the information to these contractors. The DATES: Written or electronic comments proposed and temporary regulations be regulations under § 301.7602–1(b)(3) and requests for a public hearing must withdrawn. After consideration of these were issued to clarify that persons be received by June 26, 2018. comments, the proposed regulations described in section 6103(n) and Treas. ADDRESSES: Send submissions to: were adopted in final regulations (TD Reg. § 301.6103(n)–1(a) may receive and CC:PA:LPD:PR (REG–132434–17), Room 9778) published in the Federal Register review books, papers, records, or other 5203, Internal Revenue Service, P.O. (81 FR 45409) on July 14, 2016 data summoned by the IRS and, in the Box 7604, Ben Franklin Station, (‘‘Summons Interview Regulations’’). presence and under the guidance of an

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IRS officer or employee, participate regulations permit the IRS to hire law process contemplated by section fully in the interview of a person who firms to receive and review summoned 7602(a). Under this prohibition, a non- the IRS has summoned as a witness to information and fully participate in a government attorney, with the limited provide testimony under oath. See 81 summons interview on behalf of the exception described below, may not FR 45410. government. review summoned books, papers, On October 16, 2017, the Secretary records or other data or question Executive Order 13789, Notice 2017–38, published the Second Report in the summoned witnesses on behalf of the and the Reports to the President Federal Register (82 FR 48013) stating IRS unless the attorney is hired by the Executive Order 13789, issued on that the Treasury Department and the IRS for a permitted purpose. April 21, 2017 (E.O. 13789, 82 FR IRS are considering proposing a As a limited exception to that 19317), instructs the Secretary of the prospectively effective amendment to prohibition, proposed § 301.7602– Treasury (the Secretary) to review all the Summons Interview Regulations to 1(b)(3)(ii) permits the IRS to hire a non- significant tax regulations issued on or narrow their scope to prohibit non- government attorney if the attorney is after January 1, 2016, and to take government attorneys from questioning being hired for specialized substantive appropriate action to alleviate the witnesses on behalf of the IRS, subject matter expertise in an area other burdens of regulations that (i) impose an reviewing summoned records, or than federal tax law. Specifically, undue financial burden on U.S. playing a behind-the-scenes role in an proposed § 301.7602–1(b)(3)(ii) permits taxpayers; (ii) add undue complexity to examination, such as consulting on IRS the IRS to hire an attorney who has the Federal tax laws; or (iii) exceed the legal strategy, with a limited exception. specialized knowledge of foreign, state, statutory authority of the IRS. The Code provides IRS officers and or local law, including tax law, or who E.O. 13789 further instructs the employees with significant and broad is a specialist in non-tax substantive law Secretary to submit to the President powers under its summons authority to such as patent law, property law, or within 60 days a report (First Report) question witnesses under oath and to environmental law. It would not permit that identifies regulations that meet require the production of books and IRS to hire an attorney for non- these criteria. Notice 2017–38 (2017–30 records. The Summons Interview substantive specialized knowledge, such I.R.B. 147 (July 24, 2017)) included the Regulations require the IRS to retain as civil litigation skills. Proposed Summons Interview Regulations in a list authority over important decisions § 301.7602–1(b)(3)(ii) also permits the of eight regulations identified by the when section 6103(n) contractors IRS to hire a contractor who may Secretary in the First Report as meeting question witnesses, but there is a happen to be an attorney, but who is at least one of the first two criteria perceived risk that the IRS may not be hired for knowledge, skills, or abilities specified in E.O. 13789. E.O. 13789 able to maintain full control over the other than providing legal services as an further instructs the Secretary to submit actions of a non-government attorney attorney. Further, proposed § 301.7602– to the President a second report (Second hired by the IRS when such an attorney, 1(b)(3)(ii) permits the IRS to hire an Report) that recommends specific with the limited exception described entity that employs or is owned by actions to mitigate the burden imposed below, questions witnesses. The actions attorneys so long as the expertise they by regulations identified in the First of the non-governmental attorney while are providing is not prohibited by Report. questioning witnesses could foreclose proposed § 301.7602–1(b)(3)(ii). In response to Notice 2017–38, the IRS officials from independently These changes are proposed to be Treasury Department and the IRS exercising their judgment. Managing an effective for examinations begun and received seven comments from examination or summons interview is summonses served by the IRS on or after professional and business associations therefore best exercised solely by the date that these proposed regulations addressing the Summons Interview government employees, including are published in the Federal Register. Regulations. All but one of these government attorneys, whose only duty comments recommended removal of the is to serve the public interest. These Special Analyses regulations based primarily on the concerns outweigh the countervailing Certain IRS regulations, including commentators’ perception that the need for the IRS to use non-government these, are exempt from the requirements regulations create longer and less attorneys, except in the limited of Executive Order 12866, as efficient examinations by improperly circumstances set forth in proposed supplemented and affirmed by delegating authority to outside law firms paragraph (b)(3)(ii). Treasury and the Executive Order 13563. Therefore, a to conduct examinations. The one IRS remain confident that the core regulatory assessment is not required. commenter that did not recommend functions of questioning witnesses and Because the proposed regulations would removal of the regulations in their conducting examinations are well not impose a collection of information entirety requested removal of the within the expertise and ability of on small entities, the Regulatory provisions permitting a contractor to government attorneys and examination Flexibility Act (5 U.S.C. chapter 6) does directly question a witness during a agents. not apply. Therefore, a regulatory summons interview. flexibility analysis is not required. Explanation of Provisions As explained in the preamble to the Pursuant to section 7805(f) of the final Summons Interview Regulations, Proposed § 301.7602–1(b)(3)(i) retains Internal Revenue Code, the IRS will the regulations do not delegate authority the rule from the Summons Interview submit the proposed regulations to the to conduct examinations or summons Regulations authorizing section 6103(n) Chief Counsel for Advocacy of the Small interviews. Rather, the regulations contractors to receive and review Business Administration for comments permit contractors authorized under summoned information and fully about the regulations’ impact on small section 6103(n) to review books and participate in the summons interview, businesses. records and be present and ask including questioning witnesses. questions during summons interviews, However, proposed § 301.7602– Comments and Request for a Public all under the supervision of IRS officers 1(b)(3)(ii) is added to prohibit Hearing and employees. See 81 FR 45410–45412. contractors who are attorneys, with the Before these proposed regulations are Comments in response to Notice limited exception described below, from adopted as final, the IRS will consider 2017–38 also raised concerns that the participating in the administrative any written (signed original and 8

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copies) or electronic comments timely (ii) Exception for certain non- order to avoid interference with the law submitted. The IRS requests comments governmental attorneys. An attorney enforcement functions and on all aspects of these proposed who is not an officer or employee of the responsibilities of OIG. For the reasons regulations. All comments will be United States may not be hired by the provided below, the Department available for public inspection and IRS to perform the activities described proposes to amend its Privacy Act copying. The IRS will schedule a public in paragraph (b)(3)(i) of this section regulations by establishing an meeting if one is requested, in writing, unless the attorney is hired by the IRS exemption for records in this system by a person who submits written as a specialist in foreign, state, or local from certain provisions of the Privacy comments. If the IRS does schedule a law, including tax law, or in non-tax Act. Public comment is invited. public hearing, the IRS will publish substantive law that is relevant to an DATES: Comments must be received by notice of the date, time, and place for issue in the examination, such as patent April 27, 2018. the public hearing in the Federal law, property law, or environmental ADDRESSES: You may send comments by Register. law, or is hired for knowledge, skills, or any of the following methods: abilities other than providing legal Drafting Information • Email: privacy.compliance@ services as an attorney. usdoj.gov. To ensure proper handling, The principal author of these * * * * * please reference the CPCLO Order regulations is William V. Spatz of the (d) Applicability date. This section is Number in the subject line of the Office of Associate Chief Counsel applicable after September 3, 1982, message. (Procedure and Administration). except for paragraphs (b)(1) and (2) of • Fax: 202–307–0693. To ensure List of Subjects in 26 CFR Part 301 this section which are applicable on and proper handling, please reference the after April 1, 2005 and paragraph (b)(3) Employment taxes, Estate taxes, CPCLO Order Number on the of this section which applies to Excise taxes, Gift taxes, Income taxes, accompanying cover page. examinations begun or administrative • Penalties, Reporting and recordkeeping Mail: United States Department of summonses served by the IRS on or after requirements. Justice, Office of Privacy and Civil March 27, 2018. For rules under Liberties, ATTN: Privacy Analyst, Proposed Amendments to the paragraphs (b)(1) and (2) of this section National Place Building, 1331 Regulations that are applicable to summonses issued Pennsylvania Avenue NW, Suite 1000, Accordingly, 26 CFR part 301 is on or after September 10, 2002 or under Washington, DC 20530. All comments proposed to be amended as follows: paragraph (b)(3) of this section that are sent via regular or express mail will be applicable to summons interviews considered timely if postmarked on the PART 301—PROCEDURE AND conducted on or after June 18, 2014 and day the comment period closes. To ADMINISTRATION before July 14, 2016, see 26 CFR ensure proper handling, please 301.7602–1T (revised as of April 1, reference the CPCLO Order Number in ■ Paragraph 1. The authority citation 2016). For rules under paragraph (b)(3) your correspondence. for part 301 continues to read in part as of this section that are applicable to • Federal eRulemaking Portal: follows: administrative summonses served by https://www.regulations.gov. When Authority: 26 U.S.C. 7805 * * * the IRS before March 27, 2018, see 26 submitting comments electronically, CFR 301.7602–1 (revised as of April 1, ■ Par. 2. Section 301.7602–1 is you must include the CPCLO Order 2017). amended by revising paragraphs(b)(3) Number in the subject box. Please note and (d) to read as follows: Kirsten Wielobob, that the Department is requesting that electronic comments be submitted Deputy Commissioner for Services and § 301.7602–1 Examination of books and Enforcement. before midnight Eastern Time on the witnesses. day the comment period closes. [FR Doc. 2018–06242 Filed 3–27–18; 8:45 am] * * * * * Posting of Public Comments: Please (b) * * * BILLING CODE 4830–01–P note that all comments received are (3) Participation of a person described considered part of the public record and in section 6103(n). (i) In general. Except made available for public inspection as provided in paragraph (b)(3)(ii) of DEPARTMENT OF JUSTICE online at https://www.regulations.gov this section, for purposes of this 28 CFR Part 16 and in the Department’s public docket. paragraph (b), a person authorized to Such information includes personally receive returns or return information [CPCLO Order No. 003–2018] identifying information (such as name, under section 6103(n) and address, etc.) voluntarily submitted by § 301.6103(n)–1(a) of the regulations Privacy Act of 1974; Implementation the commenter. If you want to submit may receive and review books, papers, AGENCY: Office of Inspector General, personal identifying information as part records, or other data produced in United States Department of Justice. of your comment, but do not want it to compliance with a summons, and, in ACTION: Notice of proposed rulemaking. be posted online or made available in the presence and under the guidance of the public docket, you must include the an IRS officer or employee, participate SUMMARY: Elsewhere in this issue of the phrase ‘‘PERSONAL IDENTIFYING fully in the interview of a witness Federal Register, the Office of Inspector INFORMATION’’ in the first paragraph summoned by the IRS to provide General (OIG), a component within the of your comment. You must also place testimony under oath. Fully United States Department of Justice all personal identifying information that participating in an interview includes, (DOJ or Department), has published a you do not want posted online or made but is not limited to, receipt, review, new system of records notice, ‘‘Data available in the public docket in the first and use of summoned books, papers, Analytics Program Records System,’’ paragraph of your comment and identify records, or other data; being present JUSTICE/OIG–006. In this notice of what information you want redacted. during summons interviews; and proposed rulemaking, OIG proposes to If you want to submit confidential questioning the person providing exempt this system of records from business information as part of your testimony under oath. certain provisions of the Privacy Act in comment, but do not want it to be

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posted online or made available in the can improve decision quality; and the Regulatory Flexibility Act public docket, you must include the ability to mitigate risk of waste, fraud, This proposed rule will only impact phrase ‘‘CONFIDENTIAL BUSINESS and abuse. The DA program will also certain Privacy Act-protected records on INFORMATION’’ in the first paragraph allow the OIG to obtain technology to individuals maintained by OIG in the of your comment. You must also develop risk indicators that can analyze above-mentioned system of records. A prominently identify confidential large volumes of data and help focus the ‘‘record’’ for purposes of the Privacy Act business information to be redacted OIG’s efforts to combat waste, fraud, and is any item, collection, or grouping of within the comment. If a comment has abuse. OIG intends to use statistical and information about an individual that is so much confidential business mathematical techniques to identify maintained by an agency (for example, information that it cannot be effectively areas to conduct audits and identify the individual’s education information, redacted, all or part of that comment activities that may indicate whether an financial transactions, medical history, may not be posted online or made investigation is warranted. The criminal history, or employment available in the public docket. information maintained within history) that contains the individual’s Personal identifying information and JUSTICE/OIG–006 will be limited to name, or the identifying number, confidential business information only information that OIG has legal symbol, or other identifying particular identified and located as set forth above authorization to collect and maintain as assigned to the individual. Such records will be redacted and the comment, in part of its responsibility to conduct, are personal and generally do not apply redacted form, may be posted online supervise, and coordinate audits and to an individual’s entrepreneurial and placed in the Department’s public investigations of Department programs capacity, subject to limited exceptions. docket file. Please note that the Freedom and operations to recognize and mitigate As such, the Chief Privacy and Civil of Information Act applies to all fraud, waste, and abuse. Liberties Officer certifies that this comments received. If you wish to In this rulemaking, OIG proposes to proposed rule will not result in a inspect the agency’s public docket file exempt JUSTICE/OIG–006 from certain significant economic impact on a in person by appointment, please see provisions of the Privacy Act in order to substantial number of small entities, the FOR FURTHER INFORMATION CONTACT avoid interference with the law pursuant to the requirements of the paragraph, below. enforcement responsibilities of OIG, as Regulatory Flexibility Act of 1980, 5 FOR FURTHER INFORMATION CONTACT: established in federal law and policy. U.S.C. 601–610. William Blier, General Counsel, Office Additionally, as an administrative of the General Counsel, Office of the matter, this proposal will replace the Small Business Regulatory Enforcement Inspector General, Department of current paragraphs (c) and (d) of 28 CFR Fairness Act Justice, 950 Pennsylvania Avenue NW, 16.75, which currently exempt from The Small Business Regulatory Washington, DC 20530, (202) 514–3435. certain provisions of the Privacy Act a Enforcement Fairness Act (SBREFA) of SUPPLEMENTARY INFORMATION: Under the previously rescinded OIG system of 1996, 5 U.S.C. 801 et seq., requires the Inspector General Act of 1978, as records notice (SORN), ‘‘Office of the Department to comply with small entity amended, Inspectors General, including Inspector General, Freedom of requests for information and advice the DOJ Inspector General, are Information/Privacy Acts (FOI/PA) about compliance with statutes and responsible for conducting, supervising, Records,’’ JUSTICE/OIG–003, from regulations within the Department’s and coordinating audits and certain provisions of the Privacy Act. jurisdiction. Any small entity that has a investigations relating to programs and On June 4, 2001, at 77 FR 26580, the question regarding this document may operations of the Federal agency for Department modified the Department- contact the person listed in the FOR which their office is established to wide SORN, ‘‘Freedom of Information FURTHER INFORMATION CONTACT recognize and mitigate fraud, waste, and Act, Privacy Act, and Mandatory paragraph, above. Persons can obtain abuse. The Data Analytics Program Declassification Review Records,’’ further information regarding SBREFA Records System, JUSTICE/OIG–006, JUSTICE/DOJ–004, to consolidate all on the Small Business Administration’s facilitates OIG’s performance of this DOJ Freedom of Information Act, website at https://www.sba.gov/ statutory responsibility by maintained Privacy Act, Mandatory Declassification advocacy. records as part of a data analytics (DA) Review Request, and Administrative program to assist with the performance Appeal systems of records under one Executive Order 13132 of OIG audits, investigations, and Department-wide SORN. Accordingly, This proposed rule does not have reviews, and accommodate the the Department rescinded, among other federalism implications warranting the requirements of the Digital SORNs, JUSTICE/OIG–003. OIG no application of Executive Order 13132. Accountability and Transparency Act of longer requires exemption regulations The proposed rule does not have 2014 (DATA Act), Public Law 113–101, for JUSTICE/OIG–003 and proposes to substantial direct effects on the States, 128 Stat. 1146. replace the existing exemption on the relationship between the national The DA program will provide OIG: regulations with exemption regulations government and the States, or the Timely insights from the data already for JUSTICE/OIG–006. distribution of power and stored in DOJ databases that OIG has Executive Orders 12866 and 13563 responsibilities among the various legal authorization to access and levels of government. maintain; the ability to monitor and This proposed rule is not a analyze data for patterns and ‘‘significant regulatory action’’ within Executive Order 13175 correlations that signal wasteful, the meaning of Executive Order 12866 This proposed rule does not have fraudulent, or abusive activities and the principles reaffirmed in tribal implications warranting the impacting Department performance and Executive Order 13563. Accordingly, it application of Executive Order 13175. It operations; the ability to find, acquire, is not subject to review by the Office of does not have substantial direct effects extract, manipulate, analyze, connect, Information and Regulatory Affairs on one or more Indian tribes, on the and visualize data; the capability to within Office of Management and relationship between the Federal manage vast amounts of data; the ability Budget, pursuant to Executive Order government and Indian tribes, or on the to identify significant information that 12866. distribution of power and

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responsibilities between the Federal (3), (5) and (8); and (g) of the Privacy violation, of the existence of the government and Indian tribes. Act. These exemptions apply only to the investigation; of the nature and scope of extent that information in this system is the information and evidence obtained Executive Order 12988 subject to exemption pursuant to 5 as to his activities; of the identity of This proposed rule meets the U.S.C. 552a(j) and/or (k). Where confidential sources, witnesses, and law applicable standards set forth in compliance would not appear to enforcement personnel, and of sections 3(a) and 3(b)(2) of Executive interfere with or adversely affect the law information that may enable the subject Order 12988 to eliminate drafting errors enforcement process, and/or where it to avoid detection or apprehension. and ambiguity, minimize litigation, may be appropriate to permit These factors would present a serious provide a clear legal standard for individuals to contest the accuracy of impediment to effective law affected conduct, and promote the information collected, e.g., public enforcement where they prevent the simplification and burden reduction. source materials, the applicable successful completion of the exemption may be waived, either investigation, endanger the physical Paperwork Reduction Act partially or totally, by OIG. safety of confidential sources, witnesses, The Paperwork Reduction Act of (d) Exemptions from the particular and law enforcement personnel, and/or 1995, 44 U.S.C. 3507(d), requires the subsections are justified for the lead to the improper influencing of Department to consider the impact of following reasons: witnesses, the destruction of evidence, paperwork and other information (1) From subsection (c)(3), the or the fabrication of testimony. In collection burdens imposed on the requirement that an accounting be made addition, granting access to such public. There are no current or new available to the named subject of a information could disclose security- information collection requirements record, because release of disclosure sensitive or confidential business associated with this proposed rule. accounting could alert the subject of an information or information that would investigation of an actual or potential Unfunded Mandates Reform Act of constitute an unwarranted invasion of criminal, civil, or regulatory violation to 1995 the personal privacy of third parties. the existence of an investigation and the Finally, access to the records could This rule will not result in the fact that the individual is the subject of result in the release of properly expenditure by State, local and tribal the investigation. Such a disclosure classified information that would governments, in the aggregate, or by the could also reveal investigative interest compromise the national defense or private sector, of $100,000,000, as by not only OIG, but also by the disrupt foreign policy. Amendment of adjusted for inflation, or more in any recipient agency or component. Since the records would interfere with one year, and it will not significantly or release of such information to the ongoing investigations and law uniquely affect small governments. subjects of an investigation would enforcement activities and impose an Therefore, no actions were deemed provide them with significant impossible administrative burden by necessary under the provisions of the information concerning the nature of the requiring investigations to be Unfunded Mandates Reform Act of investigation, release could result in the continuously reinvestigated. 1995. destruction of documentary evidence, (4) From subsection (e)(1), because the improper influencing of witnesses, List of Subjects in 28 CFR Part 16 application of this provision could endangerment of the physical safety of impair investigations and interfere with Administrative practices and confidential sources, witnesses, and law the law enforcement responsibilities of procedures, Courts, Freedom of enforcement personnel, the fabrication the OIG for the following reasons: information, Privacy Act. of testimony, flight of the subject from (i) It is not possible to determine the Pursuant to the authority vested in the the area, and other activities that could relevance or necessity of specific Attorney General by 5 U.S.C. 552a and impede or compromise the information in the early stages of a civil, delegated to me by Attorney General investigation. In addition, providing the criminal or other law enforcement Order 2940–2008, the Department of individual an accounting for each investigation, case, or matter, including Justice proposes to amend 28 CFR part disclosure could result in the release of investigations in which use is made of 16 as follows: properly classified information which properly classified information. would compromise the national defense Relevance and necessity are questions of PART 16—PRODUCTION OR or disrupt foreign policy. judgment and timing, and it is only after DISCLOSURE OF MATERIAL OR (2) From subsection (c)(4) notification the information is evaluated that the INFORMATION requirements, for the same reasons that relevance and necessity of such justify exempting this system from the information can be established. ■ 1. The authority citation for part 16 access and amendment provisions of (ii) During the course of any continues to read as follows: subsection (d), and similarly, from the investigation, the OIG may obtain Authority: 5 U.S.C. 301, 552, 552a, 553; accounting of disclosures provision of information concerning actual or 28 U.S.C. 509, 510, 534; 31 U.S.C. 3717. subsection (c)(3). The DOJ takes potential violations of laws other than seriously its obligation to maintain those within the scope of its Subpart E—Exemption of Records accurate records despite its assertion of jurisdiction. In the interest of effective Systems Under the Privacy Act this exemption, and to the extent it, in law enforcement, the OIG should retain ■ 2. Amend § 16.75 by revising its sole discretion, agrees to permit this information in accordance with paragraphs (c) and (d) to read as follows: amendment or correction of DOJ applicable record retention procedures, records, it will share that information in as it may aid in establishing patterns of § 16.75 Exemption of the Office of the appropriate cases. criminal activity, and can provide Inspector General Systems/Limited Access. (3) From subsection (d), the access valuable leads for Federal and other law * * * * * and amendment provisions, because enforcement agencies. (c) The Data Analytics Program access to the records contained in this (iii) In interviewing individuals or Records System (JUSTICE/OIG–006) system of records could inform the obtaining other forms of evidence system of records is exempt from 5 subject of an investigation of an actual during an investigation, information U.S.C. 552a(c)(3) and (4); (d); (e)(1), (2), or potential criminal, civil, or regulatory may be supplied to an investigator

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which relates to matters incidental to alert the subjects of law enforcement the screen. Please include your name, the primary purpose of the investigation investigations, who might be otherwise company name (if any), and ‘‘BCA Case but which may also relate to matters unaware, to the fact of those 2018–61–1’’ on your attached under the investigative jurisdiction of investigations. Such notice could also document. another agency. Such information could reveal investigative techniques, • Mail: Civilian Board of Contract cannot readily be segregated. procedures, or evidence. Appeals, Office of the Chief Counsel (5) From subsection (e)(2), because, in (9) From subsection (g), to the extent (GA), 1800 M Street NW, Sixth Floor, some instances, the application of this that this system is exempt from the Washington, DC 20036. provision would present a serious access and amendment provisions of Instructions: Please submit comments impediment to law enforcement for the subsection (d), pursuant to subsections only and cite CBCA Amendment 2018– following reasons: (j)(2), (k)(1), and (k)(2) of the Privacy 01, BCA Case 2018–61–1, in all (i) The subject of an investigation Act. correspondence related to this notice. would be placed on notice as to the Dated: March 15, 2018. All comments received will be posted existence of an investigation and would without change to http:// Katherine Harman-Stokes, therefore be able to avoid detection or www.regulations.gov, including any apprehension, to improperly influence Deputy Director, Office of Privacy and Civil personal and/or business confidential Liberties, United States Department of Justice. witnesses, to destroy evidence, or to information provided. To confirm fabricate testimony. [FR Doc. 2018–05657 Filed 3–27–18; 8:45 am] receipt of your comment(s), please (ii) In certain circumstances the BILLING CODE 4410–58–P check http://www.regulations.gov, subject of an investigation cannot be approximately two to three days after required to provide information to submission to verify posting (except investigators, and information relating GENERAL SERVICES allow 30 days for posting of comments to a subject’s illegal acts, violations of ADMINISTRATION submitted by mail). rules of conduct, or any other misconduct must be obtained from other 48 CFR Parts 6101 and 6102 FOR FURTHER INFORMATION CONTACT: Mr. sources. J. Gregory Parks, Chief Counsel, Civilian (iii) In any investigation it is [CBCA Case 2018–61–1; Docket No. 2018– Board of Contract Appeals, 1800 M 0006; Sequence No. 1] necessary to obtain evidence from a Street NW, Suite 600, Washington, DC variety of sources other than the subject RIN 3090–AK02 20036; at 202–606–8787; or email at of the investigation in order to verify the [email protected], for clarification of evidence necessary for successful Civilian Board of Contract Appeals; content. For information pertaining to litigation. Rules of Procedure for Contract the status or publication schedules, (6) From subsection (e)(3), because the Disputes Act Cases contact the Regulatory Secretariat at application of this provision would 202–501–4755. Please cite BCA Case AGENCY: Civilian Board of Contract provide the subject of an investigation 2018–61–1. Appeals; General Services with substantial information which SUPPLEMENTARY INFORMATION: Administration (GSA). could impede or compromise the A. Background investigation. Providing such notice to a ACTION: Proposed rule. subject of an investigation could The Board was established within SUMMARY: The Civilian Board of interfere with an undercover GSA by section 847 of the National Contract Appeals (Board) proposes to Defense Authorization Act for Fiscal investigation by revealing its existence, amend its rules of procedure for cases and could endanger the physical safety Year 2006, Public Law 109–163. Board arising under the Contract Disputes Act, members are administrative judges of confidential sources, witnesses, and and for disputes between insurance investigators by revealing their appointed by the Administrator of companies and the Department of General Services under 41 U.S.C. identities. Agriculture’s Risk Management Agency (7) From subsection (e)(5), because the 7105(b)(2). Among its other functions, in which decisions of the Federal Crop application of this provision would the Board hears and decides contract Insurance Corporation are brought prevent the collection of any data not disputes between Government before the Board under the Federal Crop shown to be accurate, relevant, timely, contractors and most civilian Executive Insurance Act. The Board’s current rules and complete at the moment it is agencies under the Contract Disputes were issued in 2008 and were last collected. In the collection of Act, 41 U.S.C. 7101–7109, and its amended in 2011. information for law enforcement implementing regulations, and disputes purposes, it is impossible to determine DATES: Interested parties should submit pursuant to the Federal Crop Insurance in advance what information is written comments to the Regulatory Act, 7 U.S.C. 1501 et seq., between accurate, relevant, timely, and complete. Secretariat Division at one of the insurance companies and the Material that may seem unrelated, addresses shown below on or before Department of Agriculture’s Risk irrelevant, or incomplete when collected May 29, 2018 to be considered in the Management Agency (RMA) involving may take on added meaning or formation of the final rule. actions of the Federal Crop Insurance significance as an investigation ADDRESSES: Submit comments in Corporation (FCIC). progresses. The restrictions of this response to CBCA Amendment 2018– The Board’s rules of procedure for provision could interfere with the 01, BCA Case 2018–61–1, by any of the Contract Disputes Act cases and Federal preparation of a complete investigative following methods: Crop Insurance Act cases were adopted report, and thereby impede effective law • Regulations.gov: http:// in May 2008 (73 FR 26947) and were enforcement. www.regulations.gov. Submit comments last amended in August 2011 (76 FR (8) From subsection (e)(8), because to via the Federal eRulemaking portal by 50926). The proposed rule simplifies require individual notice of disclosure searching for ‘‘BCA Case 2018–61–1.’’ and modernizes access to the Board by of information due to compulsory legal Select the link ‘‘Comment Now’’ that establishing a preference for electronic process would pose an impossible corresponds with ‘‘BCA Case 2018–61– filing, increases conformity between the administrative burden on OIG and may 1.’’ Follow the instructions provided at Board’s rules and the Federal Rules of

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Civil Procedure, streamlines the Board’s rules again. Practicioners before F. Executive Order 13771 wording of the Board’s rules, and the Board are familiar with or can Executive Order 13771, dated clarifies current rules and practices. readily research current principles of February 3, 2017, sets deregulatory goals The proposed rule makes stylistic or Federal civil procedure. for agencies and requires the rescission other changes to Board Rules 1–35, 51– • The appendix is deleted. It of two regulations for each new 54, and 202. In addition, the Board will contained Forms 1 through 5, which regulation issued. This proposed rule is provide template forms for certain litigants could elect to use as templates not a new regulation, but an update to filings on its website rather than as an for certain filings. These nonmandatory the Board’s existing rules of procedure, appendix to its rules. Proposed changes forms are obsolete or will be posted on so Executive Order 13771 does not to the Board’s rules of procedure the Board’s website. include: apply. • • Rule 4, Appeal file, is revised to Rule 202 is revised to update cross- List of Subjects in 48 CFR Parts 6101 make filing documentary evidence references to the rules of procedure for and 6102 electronically in pdf format, rather than Contract Disputes Act cases. Administrative practice and on paper, the default for Contract B. Regulatory Flexibility Act Disputes Act cases. procedure; Government procurement; • Rule 6, governing pleadings, is GSA certifies that this proposed rule Agriculture. revised to require the opposing party’s will not have a significant economic Dated: March 20, 2018. consent to amend a pleading once impact on a substantial number of small Jeri Kaylene Somers, without permission of the Board. This entities within the meaning of the Chair, Civilian Board of Contract Appeals, change is appropriate to practice under Regulatory Flexibility Act, 5 U.S.C. 602 General Services Administration. the Contract Disputes Act, as it will et seq., and the Small Business Therefore, GSA proposes to amend 48 encourage opposing parties to raise any Regulatory Enforcement Fairness Act of CFR parts 6101 and 6102 as set forth objections they may have to the Board’s 1996, Public Law 104–121, because the below: jurisdiction under the Act to hear new proposed rule does not impose any ■ 1. Revise part 6101 to read as follows: claims or defenses. additional costs on small or large • Rule 8, Motions, is revised to, businesses. PART 6101—RULES OF PROCEDURE among other things, extend from 20 C. Paperwork Reduction Act OF THE CIVILIAN BOARD OF days to 30 days the time to file a brief CONTRACT APPEALS in opposition to a substantive motion; The Paperwork Reduction Act, 44 set a deadline to respond to a U.S.C. 3501 et seq., does not apply Sec. 6101.1 General information; definitions procedural motion; and replace the term because proposed rule does not impose ‘‘summary relief’’ with the more [Rule 1]. any information collection requirements 6101.2 Filing appeals, applications, and common ‘‘summary judgment.’’ that require the approval of the Office of • Rule 9 is reorganized to clarify that petitions; consolidation [Rule 2]. Management and Budget. the record on the basis of which the 6101.3 Computing and extending time [Rule 3]. Board will decide a case under the D. Congressional Review Act 6101.4 Appeal file [Rule 4]. Contract Disputes Act consists of The proposed rule is exempt from 6101.5 Appearing; notice of appearance evidence and other materials that are [Rule 5]. not evidence. Congressional review under Public Law 6101.6 Pleadings; amending pleadings • Rule 12, Stays and dismissals, is 104–121 because it relates solely to [Rule 6]. revised to eliminate a provision for agency organization, procedure, and 6101.7 Service of documents [Rule 7]. suspending (rather than staying) a case, practice and does not substantially 6101.8 Motions [Rule 8]. and a provision purporting to convert a affect the rights or obligations of non- 6101.9 Record; content and access [Rule 9]. voluntary dismissal without prejudice agency parties. 6101.10 Admissibility of evidence [Rule 10]. to a dismissal with prejudice after 180 E. Executive Orders 12866 and 13563 6101.11 Conferences [Rule 11]. days. The provisions being eliminated 6101.12 Stays and dismissals [Rule 12]. are potentially misleading in light of the Executive Orders (E.O.s) 12866 and 6101.13 Discovery generally [Rule 13]. strict limits on the Board’s jurisdiction 13563 direct agencies to assess all costs 6101.14 Interrogatories; requests for under the Contract Disputes Act, and and benefits of available regulatory production; requests for admission [Rule are rarely used. alternatives and, if regulation is 14]. • Several rules are revised to cross- necessary, to select regulatory 6101.15 Depositions [Rule 15]. reference and incorporate standards of approaches that maximize net benefits 6101.16 Subpoenas [Rule 16]. corresponding Rules of the Federal (including potential economic, 6101.17 Exhibits [Rule 17]. Rules of Civil Procedure. See proposed environmental, public health and safety 6101.18 Election of hearing or record submission [Rule 18]. Rule 13(b) and (c), concerning the scope effects, distributive impacts, and 6101.19 Record submission without a of discovery; Rule 14(b), Interrogatories; equity). E.O. 13563 emphasizes the hearing [Rule 19]. Rule 14(d), Requests for admission; Rule importance of quantifying both costs 6101.20 Scheduling hearings [Rule 20]. 14(f), Supplementing and correcting and benefits, of reducing costs, of 6101.21 Hearing procedures [Rule 21]. (discovery) responses; Rule 15(b), on the harmonizing rules, and of promoting 6101.22 Transcripts [Rule 22]. use of depositions; Rule 16(b), (e), and flexibility. This is not a significant 6101.23 Briefs [Rule 23]. (f), on the issuance, service, and review regulatory action and, therefore, was not 6101.24 Closing the record [Rule 24]. of subpoenas; Rule 26, Reconsideration; subject to review under Section 6(b) of 6101.25 Decisions and settlements [Rule and Rule 27, Relief from decision or E.O. 12866, Regulatory Planning and 25]. 6101.26 Reconsideration [Rule 26]. order. These changes will allow the Review, dated September 30, 1993, or 6101.27 Relief from decision or order [Rule Board to adopt and apply case law E.O. 13563, Improving Regulation and 27]. applying the relevant Federal Rules, as Regulatory Review, dated January 18, 6101.28 Full Board consideration [Rule 28]. well as any future amendments to those 2011. This proposed rule is not a major 6101.29 Clerical mistakes; harmless error Federal Rules, without revising the rule under 5 U.S.C. 804. [Rule 29].

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6101.30 Award of fees and other expenses Clerk of the Board. The ‘‘Clerk’’ of the Procedure to resolve issues not covered [Rule 30]. Board receives filings, dockets cases, by these rules. 6101.31 Payment of award [Rule 31]. and prepares official correspondence for (d) Panels. The Board assigns each 6101.32 Appeal from Board decision [Rule the Board. case to a panel of three judges, one of 32]. 6101.33 Remand from appellate Court [Rule Efile; efiling. The Clerk accepts whom presides. The presiding judge 33]. electronic filings (‘‘efiles’’), meaning sets the case schedule, oversees 6101.34 Ex parte communications [Rule documents submitted through the discovery, and conducts conferences, 34]. Board’s email system (‘‘efiled’’). Parties hearings, and other proceedings. The 6101.35 Standards of conduct; sanctions may efile documents by sending an presiding judge may without [Rule 35]. email (usually with attachments) to participation by other panel members 6101.36 Board seal [Rule 36]. [email protected], except for decide any appeal under the small 6101.37–6101.50 [Reserved]. claims procedure of Rule 52, any 6101.51 Alternative procedures [Rule 51]. documents that are classified or 6101.52 Small claims procedure [Rule 52]. submitted in camera or under protective nondispositive motion, or any petition, 6101.53 Accelerated procedure [Rule 53]. order (Rule 9). Efiling occurs upon and may dismiss a case as permitted by 6101.54 Alternative dispute resolution receipt by the Board’s email server, Rule 12(d). The Board decides all other [Rule 54]. except that attachments must be in .pdf matters by majority vote of a panel Authority: 41 U.S.C. 7101–7109. format and 18 megabytes (MB) or unless the full Board decides a matter smaller or they will be rejected. under Rule 28. Only panel and full 6101.1 General information; definitions Electronically stored information. Board decisions are precedential. [Rule 1]. ‘‘Electronically stored information’’ (e) Location and addresses. The Board (a) Scope. The rules of this chapter means information created, is physically located at 1800 M Street govern cases filed with the Board on or manipulated, communicated, stored, NW, 6th Floor, Washington, DC 20036. after [DATE], and all further and best used in digital form with The mailing address is 1800 F Street proceedings in cases then pending, computer hardware and software. NW, Washington, DC 20405. The Clerk’s unless the Board decides that using Equal Access to Justice Act (EAJA), 5 telephone number is (202) 606–8800. these rules in a case pending on their U.S.C. 504. This statute governs The Clerk’s fax number is (202) 606– effective date would be inequitable or applications for awards of fees and other 0019. The Clerk’s email address for infeasible. The Board may alter these expenses in certain cases. efiling is [email protected]. The procedures on its own initiative or on Facsimile (fax) transmissions. The Board’s website is http://www.cbca.gov. request of a party to promote the just, Board sends and accepts facsimile (f) Clerk’s office hours. The Clerk’s informal, expeditious, and inexpensive transmissions. A document is filed by office is open to the public during resolution of a case. fax at the time the Board receives all of business hours (Rule 1(b)). Efilings (b) Definitions. it. The Board does not automatically received after midnight are considered Appeal; appellant. ‘‘Appeal’’ means a extend filing deadlines if its fax filed the next business day. The Clerk’s contract dispute filed with the Board machine is busy or otherwise office is closed when the Board’s under the Contract Disputes Act (CDA), unavailable. physical address is closed for any 41 U.S.C. 7101–7109, or under a Filing. A notice of appeal or reason, including any closure of the disputes clause in a non-CDA contract application is filed upon the earlier of federal Government in the Washington, that allows for Board review. An its receipt by the Clerk or, if mailed DC, metropolitan area. ‘‘appellant’’ is the contractor filing an through the United States Postal Service 6101.2 Filing appeals, applications, and appeal. (USPS), the date it is mailed to the Appeal file. ‘‘Appeal file’’ means the petitions; consolidation [Rule 2]. Board. A USPS postmark is prima facie submissions to the Board under Rule 4. (a) Filing an appeal. A notice of Application; applicant. ‘‘Application’’ evidence of a mailing date. Any other appeal shall be in writing; signed by the means a submission to the Board under document is filed upon receipt by the appellant, the appellant’s attorney, or an Rule 30 of a request for an award of fees Clerk. authorized representative (see Rule 5); and other expenses under the Equal Party. ‘‘Party’’ means an appellant, and filed with the Board, with a copy to Access to Justice Act (EAJA), 5 U.S.C. applicant, petitioner, or respondent. the contracting officer who received or 504, or another provision authorizing Petition; petitioner. ‘‘Petition’’ means issued the claim, or the successor such an award. An ‘‘applicant’’ is a a request that the Board direct a contracting officer. A notice of appeal party filing an application. contracting officer to issue a written should include: Attorney. ‘‘Attorney’’ means a person decision on a claim. A ‘‘petitioner’’ is a (1) The name, telephone number, and licensed to practice law in a state, party submitting a petition. mailing and email addresses of the commonwealth, or territory of the Receipt. The Board deems a party’s appellant and/or its attorney or United States or in the District of ‘‘receipt’’ of a document to occur upon authorized representative; Columbia. the earlier of the emailing of the (2) The contract number; Board judge; judge. ‘‘Board judge’’ or document to the party’s email address of (3) The name of the contracting officer ‘‘judge’’ means a member of the Board. record (without notice of delivery who received or issued the claim, with Business days and hours. The Board’s failure) or the party’s possession of a that person’s telephone number, mailing business days are days other than document sent by other means. address, and email address; Saturdays, Sundays, federal holidays, Respondent. A ‘‘respondent’’ is the (4) A copy of the claim with any days on which the Board is required to government agency whose decision, certification; and close before 4:30 p.m., or days on which action, or inaction is the subject of an (5) A copy of the contracting officer’s the Board does not open for any reason, appeal, petition, or application. decision on the claim or a statement that such as inclement weather. The Board’s (c) Construction. The Board construes the appeal is from a failure to issue a business hours are 8:00 a.m. to 4:30 p.m. these rules to promote the just, informal, decision (‘‘a deemed denial’’). Eastern Time. expeditious, and inexpensive resolution (b) Filing a petition. A petition shall Case. ‘‘Case’’ means an appeal, of every case. The Board may apply be in writing; signed by the petitioner, petition, or application. principles of the Federal Rules of Civil the petitioner’s attorney, or an

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authorized representative (see Rule 5); practicable. However, the Board extends (1) Appeal files and supplements and filed with the Board, with a copy to time when appropriate. A motion for an thereto may be filed on paper only by the contracting officer who received the extension shall be in writing and shall permission of the Board. claim, or the successor contracting state the other party’s position on the (2) Appeal file exhibits shall be officer. A petition shall ask the Board to motion or describe the movant’s effort to complete, legible, arranged in order the contracting officer to issue a learn the other party’s position. The chronological order, tabbed, and decision and should include: Board cannot extend statutory indexed. Parties shall avoid filing (1) The name, telephone number, and deadlines. duplicative exhibits and shall number mailing and email addresses of the exhibits continuously and consecutively petitioner and/or its attorney or 6101.4 Appeal file [Rule 4]. from one filing to the next, so a authorized representative; (a) Filing. Within 30 days after complete appeal file consists of one set (2) The contract number; receiving the Board’s docketing notice, of consecutively tabbed exhibits. (3) The name of the contracting officer the respondent shall file and serve all (3) Parties shall number the pages of who received the claim, with that documents relevant to the appeal, each paper exhibit consecutively, unless person’s telephone number, mailing including: an exhibit is already paginated in address, and email address; and (1) The contracting officer’s decision another logical manner. (4) A copy of the claim with any on the claim; (4) Parties shall file exhibits in 3-ring certification. (2) The contract, including all binders with spines no wider than 3 (c) Filing an EAJA application. See pertinent specifications, amendments, inches, labeled on the cover and spine Rule 30. plans, drawings, and incorporated with the name of the appeal, CBCA (d) Time limits. proposals or parts thereof; number, and tab numbers in each (1) Under the CDA, a notice of appeal (3) All correspondence between the binder. Include in each binder the index must be filed within 90 calendar days parties relevant to the appeal; of the entire filing. after the date of receipt of a contracting (4) The claim with any certification; (5) The appeal file index shall officer’s decision on a claim. (5) Relevant affidavits, witness describe each exhibit by date and (2) Alternatively, under the CDA, a statements, or transcripts of testimony content. contractor may appeal when a taken before the appeal; (6) Parties shall separately file and contracting officer has not issued a (6) All documents relied on by the index documents submitted in camera decision on a claim within the time contracting officer to decide the claim; or under a protective order. However, allowed by the CDA or the time set by and documents may be submitted in camera a tribunal acting on a petition. (7) Relevant internal memoranda, only by permission of the Board. (3) Under the CDA, a petition may be reports, and notes. (d) Supplements. Within 30 days after filed in the period between (a) receipt of (b) Organization of electronic appeal the respondent files the appeal file, the notice from a contracting officer, within file. appellant may file non duplicative 60 days after the submission of a claim, (1) Unless otherwise ordered, parties documents relevant to the claim, that the contracting officer intends to shall file the appeal file and organized as instructed in Rule 4(b) or issue a decision on the claim more than supplements thereto in an electronic (c), starting with the next available 60 days after its submission, and (b) the storage medium (e.g., hard disk or solid exhibit number. due date stated by the contracting state drive, compact disc (CD), or digital (e) Classified or protected material. officer. versatile disc(DVD)), labeled with the Neither classified nor protected material (4) Under EAJA, an application must docket number, case name, and range of may be efiled. be filed within 30 days after the date exhibit numbers. (f) Submission by order. The Board that the decision in the underlying (2) A party may efile an appeal file or may order a party to supplement the appeal becomes no longer subject to a supplement thereto by permission of appeal file, including by filing an appeal. the Board. exhibit in another format. (e) Notice of docketing. Upon receipt (3) Appeal file exhibits shall be in (g) Status of exhibits. The Board of a notice of appeal, a petition, or an .pdf format or will be rejected. The considers appeal file exhibits part of the application, the Clerk issues a written appeal file index and each exhibit shall record for decision under Rule 9(a) notice of docketing to all parties. be separate documents, without unless a party objects to an exhibit (f) Consolidation. The Board may embedded documents. within the time set by the Board and the consolidate cases wholly or in part if (4) Appeal file exhibits shall be Board sustains the objection. they involve common questions of law complete, legible, arranged in (h) Other procedures. The Board may or fact. chronological order, numbered, and postpone or waive the filing of an indexed. Parties shall avoid filing appeal file. 6101.3 Computing and extending time duplicative exhibits and shall number [Rule 3]. exhibits continuously and consecutively 6101.5 Appearing; notice of appearance (a) Computing time. Consistent with from one filing to the next, so that a [Rule 5]. Rule 6 of the Federal Rules of Civil complete appeal file consists of one set (a) Appearing before the Board. Procedure, in computing any time of consecutively numbered exhibits. (1) Appellant; petitioner; applicant. period, omit the day of the event from (5) Parties shall number the pages of An appellant, petitioner, or applicant which the period begins to run. Omit each exhibit consecutively, unless an may appear before the Board through an nonbusiness days only if the period is exhibit is already paginated in another attorney. An individual appellant, less than 11 days; otherwise include logical manner. petitioner, or applicant may appear for them. A period ends on a business day. (6) The appeal file index shall himself or herself. A corporation, trust, If a computed period would otherwise describe each exhibit by date and or association may appear by one of its end on a nonbusiness day, it ends on content. officers. A limited liability corporation, the next business day. (7) Parties may file documents in partnership, or joint venture may appear (b) Extensions. Parties should act camera only by permission of the Board. by one of its members. Each individual sooner than required whenever (c) Organization of paper appeal file. appearing on behalf of an appellant,

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petitioner, or applicant must have legal Board may allow a party to amend a exhibits, admissions in pleadings, and/ authority to appear. pleading in other circumstances. or evidence filed with the motion. (2) Respondent. A respondent may (d) Motion in lieu of answer. The (2) Statement of genuine issues. The appear before the Board through an Board may allow a party to file a opposing party shall file with its attorney or, if allowed by the agency, by dispositive motion or to move for a opposition a separate document titled, the contracting officer or the contracting more definite statement in lieu of filing ‘‘Statement of Genuine Issues.’’ This officer’s authorized representative. an answer. document shall respond to specific paragraphs of the movant’s Statement of (3) Others. The Board may permit a 6101.7 Service of documents [Rule 7]. special or limited appearance of or for Undisputed Material Facts by a nonparty, such as an amicus curiae. A party filing any document not identifying material facts in genuine submitted in camera (see Rule 9(c)(2)) (b) Notice of appearance. The Board dispute, citing appeal file exhibits, shall send a copy to the other party by deems the person who signed a notice admissions in pleadings, and/or a method at least as fast as the filing of appeal, petition, or application to evidence filed with the opposition. method. The filing party shall indicate have appeared for the appellant, (g) Briefing. A party may file a brief the method and address of service, petitioner, or applicant. The Board in opposition to a motion under Rule otherwise the Board may consider a deems the head of the respondent’s 26, Rule 27, Rule 28, or Rule 29 only by document not served and not properly litigation office to have appeared for the permission of the Board. Unless filed. respondent unless otherwise notified. otherwise ordered, a brief in opposition to any other nonprocedural motion is Other participating attorneys shall file 6101.8 Motions [Rule 8]. due 30 days after receipt of the motion, notices of appearance including all of (a) Generally. A party may make a the information required by the sample and a movant’s reply brief is due 15 motion for a Board action orally on the days after receipt of an opposition brief. notice of appearance posted on the record in the presence of the other party Board’s website. Attorneys representing A nonmovant may file a surreply only or in a written filing. A written motion by permission of the Board. Unless parties before the Board shall list their shall be a document titled as a motion bar numbers or other identifying data otherwise ordered, a brief in opposition and shall state the relief sought and the to a procedural motion is due 5 days for each state bar to which they are legal basis (see Rule 23(b)). Except for admitted. after receipt of the motion, and there joint or dispositive motions, all motions shall be no reply. (c) Withdrawal of appearance. shall represent that the movant tried to (h) Effect of pending motion. Unless Anyone who has filed a notice of resolve the motion with the other party otherwise stated in these rules, the filing appearance and wishes to withdraw before filing. The Board may hold oral of a motion does not affect a party’s from a case must file a motion argument on a motion. obligations under the Board’s rules or identifying by name, telephone number, (b) Jurisdictional motions. A party orders. mailing address, and email address the challenging the Board’s jurisdiction person who will assume responsibility should file such a motion promptly. 6101.9 Record; content and access [Rule for representing the party in question. (c) Procedural motions. A party may 9]. The motion must state grounds for move for an extension of time (Rule (a) Record for decision. The record on withdrawal, unless the motion 3(b)). The Board may in its discretion which the Board will decide a case represents that the party in question consider motions on other procedural includes the following: will meet the existing case schedule. matters. A procedural motion shall state (1) Evidence. Evidence in a case the other party’s position on the motion includes: 6101.6 Pleadings; amending pleadings a. Rule 4 appeal file exhibits other [Rule 6]. or describe the movant’s effort to learn the other party’s position. than those to which an objection is (a) Complaint. Within 30 days after (d) Discovery motions. See Rule 13(e). sustained; receiving the notice of docketing, the (e) Motions to dismiss for failure to b. Other documents or parts thereof appellant shall file a complaint stating state a claim. A party may move to admitted as evidence; in simple, concise, and direct terms the dismiss all or part of a claim for failure c. Tangible things admitted as factual basis for each claim and the to state grounds on which the Board evidence; amount in controversy. Alternatively, could grant relief. In deciding such d. Transcripts or recordings of the appellant or the Board may motions, the Board looks to Rule testimony before the Board; and designate as a complaint the notice of 12(b)(6) of the Federal Rules of Civil e. Factual stipulations and factual appeal, a claim submission, or any other Procedure for guidance. admissions. (2) Other material. The Board may document containing the information (f) Summary judgment motions. A required in a complaint. The Board may also rely on to decide a case: party may move for summary judgment a. The notice of appeal, petition, or in its discretion order a respondent on all or part of a claim or defense if the asserting a claim to file a complaint. application; party believes in good faith it is entitled b. The complaint, answer, and (b) Answer. Within 30 days after to judgment as a matter of law based on amendments thereto; receiving the complaint or a designation undisputed material facts. In deciding c. Motions and briefs on motions; of a complaint, the respondent (or the motions for summary judgment, the d. Other briefs; appellant, if so ordered) shall file an Board looks to Rule 56 of the Federal e. Demonstrative hearing exhibits; and answer stating in simple, concise, and Rules of Civil Procedure for guidance. f. Anything else the Board may direct terms its responses to the (1) Statement of undisputed material expressly admit or take notice of. allegations of the complaint and any facts. The movant shall file with its (b) Other contents of case file. The affirmative defenses it chooses to assert. summary judgment motion a separate Board’s administrative record may be (c) Amendments. A party may amend document titled, ‘‘Statement of broader than the record for decision. a pleading once, before a responsive Undisputed Material Facts.’’ This Material in the Board’s case file that is pleading is filed, with permission of the document shall set forth facts not listed in Rule 9(a) is part of the other party. Amending a pleading supporting the motion in separate, administrative record but is not part of restarts the time to respond, if any. The numbered paragraphs, citing appeal file the record for decision.

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(c) Enlarging or reopening the record. memorializing a conference, a party has date that its response to the discovery The Board may enlarge or reopen the 5 days from receipt of the memorandum request is due. record for decision on terms fair to the or order to object in writing to the (2) Duty to cooperate. Parties shall try parties. memorialization. in good faith to resolve objections to (d) Protected and in camera discovery requests without involving submissions. The Board may limit 6101.12 Stays and dismissals [Rule 12]. the Board. The Board may impose an access to specified material in a record (a) Stays. The Board may stay a case appropriate sanction under Rule 35 on for decision. for a specific duration, or until a a party that does not meet its discovery (1) Protective orders. The Board may specific event, for good cause. obligations. limit access to specified material in a (b) Dismissals. (3) Motions to compel. A party may record for decision if the Board finds (1) Generally. The Board may dismiss move to compel a response or a good cause to treat the material as a case or part of a case either on motion supplemental response to a discovery privileged, confidential, or otherwise of a party or after permitting a response request. The movant shall attach to its sensitive. to an order to show cause. Dismissal is motion a copy of each discovery request (2) In camera submissions. The Board with prejudice unless a Board order or and response at issue, and shall may allow a party to submit a document other applicable law provides represent in the motion that the movant solely for the Board’s review in camera otherwise. complied with Rule 13(e)(2). if: (2) Voluntary dismissal. Subject to (f) Subpoenas. A party may request a a. The party submits the document to Rule 12(b)(3), the Board will dismiss all subpoena under Rule 16. or part of a case on the terms requested explain a discovery dispute; 6101.14 Interrogatories; requests for b. The Board denies a motion for if the appellant, petitioner, or applicant production; requests for admission [Rule protective order, and the movant asks moves for dismissal with prejudice or 14]. that the record include a document that moves jointly with the respondent for (a) Generally. Interrogatories, requests the party would have used in the case dismissal with or without prejudice. for production, requests for admission, with a protective order, for possible (3) For lack of jurisdiction. If the and responses thereto shall be in writing later review of the Board’s denial; or Board finds that it lacks jurisdiction to and served on the other party. c. Good cause exists to find that in decide all or part of a case, the Board (b) Interrogatories. Interrogatories camera review may limit or prevent will dismiss the case or the part of the shall be answered or objected to needless harm to a party, witness, or case, regardless of the parties’ positions separately in writing, under signed oath, other person. on jurisdiction or dismissal. within 30 days of service. A party may (3) Status in record. A document (4) For failure to prosecute. The Board answer an interrogatory by specifying submitted and accepted under a may dismiss all or part of a case for records from which the answer may be protective order or in camera is part of failure to prosecute. derived or ascertained when that the record for decision. If the Board’s (c) Dismissal orders and decisions. response would be allowed under Rule decision is judicially reviewed, the The presiding judge acting alone may 33(d) of the Federal Rules of Civil Board will endeavor to preserve the stay a case or grant voluntary dismissal Procedure. protected or in camera nature of the with or without prejudice. A panel or (c) Requests for production. document to the extent consistent with the full Board may dismiss a case on Responses and objections to requests for judicial review. other grounds. production, inspection, and/or copying (e) Review and copying. The Clerk (d) Admonition. Dismissal of a party’s of documents, electronically stored makes records for decision, except case without prejudice does not information, or tangible things are due evidence submitted under a protective necessarily mean that the party may within 30 days of service of the requests order or in camera, available for review later refile the case at the Board, or in and shall state when and how the on reasonable notice during business another forum, under the jurisdictional responding party will make responsive hours, and provides copies of such and procedural laws applicable to the material available. available documents for a reasonable case. (d) Requests for admission. (1) Content. A party may serve fee. The Clerk will not relinquish 6101.13 Discovery generally [Rule 13]. possession of material in the Board’s requests for admission that would be files. (a) Methods. Parties may obtain proper under Rule 36(a)(1) of the discovery by depositions, Federal Rules of Civil Procedure. 6101.10 Admissibility of evidence [Rule interrogatories, requests for production, (2) Responses and failure to respond. 10]. and requests for admission. Responses and objections shall comply The Board may in its discretion (b) Scope. Unless otherwise ordered, with Rule 36(a)(4) and (5) of the Federal receive any evidence to which no party the scope of discovery is the same as Rules of Civil Procedure. If the served objects. In ruling on evidentiary under Rule 26(b)(1) of the Federal Rules party does not respond within 30 days objections, the Board is guided but not of Civil Procedure. of service of a request, the Board may bound by the Federal Rules of Evidence, (c) Limits. The Board may limit the on motion deem a matter admitted and except that the Board generally admits frequency or extent of discovery for a conclusively established solely for the hearsay unless the Board finds it reason stated in Rule 26(b)(2) of the pending case. unreliable. Federal Rules of Civil Procedure. (3) Relief from admission. The Board (d) Timing. The Board encourages may allow a party to withdraw or 6101.11 Conferences [Rule 11]. parties to agree on a discovery plan that amend an admission for good cause. The Board may order a conference of the Board may adopt in a scheduling (e) Altering time to respond. The the parties for any purpose. Conferences order. The Board may modify an agreed parties may agree to alter deadlines to are usually telephonic and are rarely discovery plan. respond to discovery requests. The recorded or transcribed. No one may (e) Disputes. Board may alter the deadlines to meet record a conference by any means (1) Objections. A party objecting to a the needs of a case. without Board approval. If the Board written discovery request must make the (f) Supplementing and correcting issues a memorandum or order objection in writing no later than the responses. A party must supplement or

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correct a response to a discovery request to quash or modify the subpoena for a hearing, the Board will set a schedule if and when this action would be reason stated in Rule 45(d)(3) of the for the parties to complete the required by Rule 26(e)(1) of the Federal Federal Rules of Civil Procedure. The evidentiary record and file briefs. Rules of Civil Procedure. Board may rule on the motion anytime (b) Evidence and objections. When a after the party that served the subpoena party elects submission on the record 6101.15 Depositions [Rule 15]. receives the motion. without a hearing, that party may (a) Generally. Unless otherwise (g) Enforcement. As necessary, the submit material for inclusion in the ordered, parties may take depositions Board may ask the Attorney General of record no later than the date the party after service of the answer. If the parties the United States to petition a United files its initial brief. Unless otherwise agree in writing on the deponent, time, States district court to enforce a Board ordered, the other party may object to place, recording method, and maximum subpoena. the admission of such material as duration of a deposition, no formal (h) Letter rogatory in lieu of subpoena. evidence within 5 days after receiving deposition notice is needed. The Board If a person to be subpoenaed resides in the submission. If one party elects a may order a deposition on motion under a foreign country, the Board may hearing and the other party elects record Rule 8 or by subpoena under Rule 16. facilitate the issuance of a letter rogatory submission (or makes a hybrid election (b) Use. Parties may use deposition to the person by the United States under Rule 18(b)), the evidentiary testimony in a case to the extent that Department of State under 28 U.S.C. record shall close at the end of the would be permitted by Rule 32(a) of the 1781–1784. hearing. The Board may rule on Federal Rules of Civil Procedure. 6101.17 Exhibits [Rule 17]. objections either before or in its (c) To perpetuate testimony. If the decision. Board has decided a case, and either the (a) Marking exhibits. Unless otherwise (c) Briefs and argument. The Board time to appeal has not expired or an ordered, parties shall, to the fullest may receive briefs and/or oral argument appeal has been taken, the Board may extent practicable, submit exhibits for on a record submission. If one party for good cause grant leave to take a inclusion in the appeal file before a elects a hearing and the other party deposition as if the case were still before hearing starts under Rule 20 or before elects record submission, the first brief the Board in order to preserve testimony the first brief is filed when a case is of the party submitting its case on the for possible further proceedings before submitted on the written record under record shall be due no later than the the Board. Rule 19. Parties shall mark any exhibits offered in evidence thereafter as start of the hearing. 6101.16 Subpoenas [Rule 16]. sequential additions to the appeal file. 6101.20 Scheduling hearings [Rule 20]. (a) Expectation of cooperation in lieu Such exhibits shall become part of the of subpoena. Subpoenas should rarely appeal file if admitted as evidence. (a) Generally. The Board will set the be necessary, as the Board expects (b) Copies. The Board expects all time, place, duration, and subject matter parties to respond cooperatively to document exhibits to be true, complete, of a hearing in a written order after discovery requests and to try in good and legible copies rather than originals. consulting with the parties. faith to secure the cooperation of third The Board may order a party to (b) Subject matter. The Board may parties who have or may have evidence substitute a better copy or to make an schedule for hearing all or some of the responsive to discovery requests. original document available for claims or issues in a case, or all or some (b) Generally. The Board may issue a inspection. of the claims, issues, or questions of fact subpoena for a purpose for which a (c) Withdrawal. The Board may allow or law common to more than one case. United States district court may issue a a party to withdraw an exhibit from the (c) Unexcused absence. If a party fails subpoena under Rule 45(a)(1) of the appeal file and the record for decision without good excuse to appear at a Federal Rules of Civil Procedure. Parties on terms fair to the other party. hearing of which it received notice and the Board shall take all reasonable (d) Disposition. Unless the Board under this rule, the Board will deem steps to avoid imposing undue burden advises the parties of another deadline, that party to have elected to submit its on a person subject to a subpoena. the Board may discard physical (non- case on the record under Rule 19. (c) How requested; form. A party may electronic) exhibits in its possession 90 6101.21 Hearing procedures [Rule 21]. ask the Board to issue a subpoena by days after the time to appeal the Board’s motion under Rule 8, substantially decision in the case expires. (a) Generally. The Board generally before the proposed compliance date. holds hearings in public hearing rooms. 6101.18 Election of hearing or record Except as necessary under a protective The movant shall attach to its motion a submission [Rule 18]. completed subpoena form for signing by order or in camera procedures, hearings (a) Generally. The Board will hold a are open to the public. The Board a Board judge, and shall explain in the hearing in a case if the Board must find motion why the proposed subpoena entrusts the conduct of hearings to the facts and either party elects a hearing. discretion of the presiding judge. scope is reasonable and how the A party may elect to submit its case for evidence sought is relevant to the case. (b) Witnesses, evidence, other decision on the written record under exhibits. A party that intends to offer (d) Production cost. The Board’s Rule 19. The presiding judge will set the policy is to require a requesting party to testimony, other evidence, or other deadline for an election under this rule. material for the record at a hearing shall advance a subpoenaed person the (b) Hybrid election. A party may elect arrange for the witness, evidence, or reasonable cost of producing to submit its case on the written record other material to be present in the subpoenaed material. under Rule 19 and also elect to appear hearing room. The Board may in its (e) Service. The requesting party shall at a hearing, solely to cross-examine the discretion allow testimony by telephone serve a subpoena and provide proof of other party’s witnesses and to object to or video. service as would be required by Rule evidence offered at the hearing. 45(b) of the Federal Rules of Civil (c) Exclusion of witnesses. The Board Procedure. 6101.19 Record submission without a may exclude witnesses from a hearing, (f) Motion to quash or modify. On or hearing [Rule 19]. other than one designated representative before the date specified for compliance, (a) Generally. If a party elects to for each party or a person authorized by a subpoenaed person may file a motion submit its case on the record without a statute to be present, so that witnesses

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are not influenced by the testimony of (b) Settlements. Parties may settle a a decision or order on that matter. The other witnesses. case by stipulating to an award. The full Board will inform the parties by (d) Sworn testimony. Hearing Board may issue a decision making the order of the matter or matters to be witnesses shall testify under oath or stipulated award if: considered. The order will include affirmation. If a person called as a (1) The Board is satisfied that it has concurring or dissenting opinions, if witness refuses to so swear or affirm, the jurisdiction, and any. Board may receive the person’s (2) The stipulation states that no party (c) Full Board decision. The full Board testimony under penalty of making a will seek reconsideration of, seek relief decides matters by majority vote. A full materially false statement in a federal from, or appeal the Board’s decision. Board decision will include concurring proceeding under 18 U.S.C. 1001. or dissenting opinions, if any. Alternatively, the Board may disallow 6101.26 Reconsideration [Rule 26]. (d) Effect of motion. A pending the testimony and may draw inferences (a) Grounds. The Board may on motion for full Board consideration does from the person’s refusal to swear or motion reconsider a decision or order not affect any obligation to comply with affirm. for a reason recognized in Rule 59 of the a decision or order. Federal Rules of Civil Procedure. 6101.22 Transcripts [Rule 22]. Arguments and evidence previously 6101.29 Clerical mistakes; harmless error The Board arranges transcription of presented are not grounds for [Rule 29]. hearings, other than hearings under the reconsideration. (a) Clerical mistakes. The Board may small claims procedure of Rule 52. The (b) Time limit for motion. A party may correct clerical mistakes while a case is Board may, but generally does not, move for reconsideration of a decision pending, or within 60 days thereafter if arrange transcription of conferences or or order on an appeal or petition within a decision has not been appealed. If a other proceedings. No one may record 30 days after that party receives the Board decision is appealed, the Board or transcribe a Board proceeding decision or order. A party may move for may correct clerical mistakes only by without the Board’s permission. The reconsideration of a decision or order on leave of the appellate Court. Board may order or acknowledge an application within 7 days after (b) Harmless error. The Board corrections to an official transcript. Each receiving the decision or order. The disregards errors that do not affect a party is responsible for obtaining its Board does not extend these time limits. substantive right of a party. No error in own copy of a transcript. (c) Effect of motion. A pending a ruling, order, or decision of the Board 6101.23 Briefs [Rule 23]. reconsideration motion does not affect will be grounds for a new hearing or for vacating, reconsidering, modifying, or (a) Generally. The Board may order or any obligation to comply with a otherwise disturbing a decision or order invite briefs on any issue in a case at decision or order. unless refusing to correct the error will any time. Briefs shall be formatted for 6101.27 Relief from decision or order 82 by 11-inch paper, double spaced, prejudice a party or work a substantial [Rule 27]. injustice. with body and footnote text no smaller (a) Grounds. The Board may grant than 13 point. relief, for a reason recognized in Rule 60 6101.30 Award of fees and other expenses (b) Prehearing, post-hearing, and of the Federal Rules of Civil Procedure, [Rule 30]. other briefs. Prehearing and post- from a decision or order that, alone or (a) Application for fees and other hearing briefs, briefs filed under Rule in conjunction with prior decisions or expenses. A party in an appeal may 19, and briefs on non-procedural orders, resolves all of an appeal, apply for an award of fees and other motions shall cite record evidence for petition, or application. expenses as permitted under EAJA or factual statements and legal authority (b) Time limit for motion. A party may any other provision that may entitle the for legal arguments. move for relief under this rule within party to such an award. 6101.24 Closing the record [Rule 24]. 120 days after that party receives the (b) Time for filing. A party may file an (a) Closing the evidentiary record. decision or order at issue. application for fees and other expenses Unless otherwise ordered, the evidence (c) Effect of motion. A pending only after the time to seek appellate as defined in Rule 9(a)(1) is closed at the motion for relief under this rule does review of a Board decision has expired. end of a hearing under Rule 20 or at the not affect any obligation to comply with A party may file an application within start of merits briefing when a case is a decision or order. 30 calendar days after that date. submitted on the record under Rule 19. (c) Application requirements. An 6101.28 Full Board consideration [Rule application for fees and other expenses (b) Closing the record for decision. 28]. Unless otherwise ordered, the record for shall: decision as defined in Rule 9(a) is (a) By motion. The full Board may (1) Specify the applicant, appeal, and closed when the Board receives the final consider a decision or order when amount sought; scheduled brief on the matters to be necessary to maintain uniformity of (2) Explain why the applicant is decided. Board decisions or if the matter is legally eligible for an award; exceptionally important. Motions for (3) Provide a schedule of fees and 6101.25 Decisions and settlements [Rule full Board consideration are disfavored expenses with supporting 25]. and are decided by a majority of the documentation; (a) Decisions. The Board issues Board. A party may move for full Board (4) Be signed by the applicant or a decisions in writing, except as allowed consideration within 10 days after that person appearing for the applicant, with by Rule 52. The Board will send a copy party receives the decision or order at a declaration under penalty of perjury of a decision to each party, requesting issue. An order granting full Board that the information in the application confirmation of receipt (see Rule 1), and consideration will include concurring or is correct; will post the decision on its website. If dissenting opinions, if any. (5) Provide evidence of the applicant’s a decision reserves any part of a case for (b) By Board initiative. A majority of small business status or net worth; and later proceedings, it is conclusive as to the Board may initiate full Board (6) Justify any request for attorney fees the matters it resolves, except as consideration of any matter in a case, up exceeding the statutory rate. provided in Rules 26 and 28. to 10 days after a judge or panel issues (d) Proceedings.

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(1) Within 30 days after receiving an them or their attorneys shall obey disqualification from a particular application, the respondent may file an directions and orders of the Board and matter, referral to an appropriate answer with any objections to the award adhere to standards of conduct licensing authority, or other action that requested, supported by facts and legal applicable to such parties and persons. circumstances may warrant. analysis. Standards applying to an attorney (2) Suspension. The Board may (2) The Board may order further include the rules of professional suspend an individual from appearing proceedings if necessary for a full and conduct and ethics of the jurisdictions before the Board as a party fair resolution of issues arising from an in which the attorney is licensed to representative, attorney, expert, or application. practice, to the extent that those rules consultant, if, after affording such (e) Decision. The Board will issue a are relevant to conduct affecting the individual notice and opportunity to be written decision on an application. integrity of the Board, its process, or its heard, a majority of the members of the proceedings. 6101.31 Payment of award [Rule 31]. full Board determine such a sanction is (b) Sanctions. If a party or its warranted. When permitted by law, Board awards representative, attorney, expert, or under contracts may be paid from the consultant fails to comply with any 6101.36 Board seal [Rule 36]. permanent indefinite judgment fund direction or order of the Board The seal of the Board is a circular logo under 31 U.S.C. 1304 and 31 CFR part (including an order to provide or permit with ‘‘Civilian Board of Contract 256. An EAJA award is paid from funds discovery) or engages in misconduct Appeals’’ on the outer margin. The seal of the respondent. affecting the Board, its process, or its is a means of authenticating records, 6101.32 Appeal from Board decision [Rule proceedings, the Board may make such notices, orders, dismissals, opinions, 32]. orders as are just, including the subpoenas, and certificates issued by (a) Notice. A party filing a notice of imposition of appropriate sanctions. the Board. Sanctions may include, but are not appeal with the United States Court of 6101.37–50 [Reserved] Appeals for the Federal Circuit (or with limited to: (1) Taking the facts pertaining to the a district court in an admiralty case) 6101.51 Alternative procedures [Rule 51]. matter in dispute to be established for shall provide a copy of the notice to the the purpose of the case in accordance An appellant in an eligible case may Board. elect the small claims procedure under (b) Record on review. The record on with the contention of the party who is Rule 52 or the accelerated procedure appellate review is the record for not at fault; (2) Forbidding the challenge of the under Rule 53. Parties may jointly elect decision under Rule 9(a) and any other accuracy of any evidence; alternative dispute resolution under material in a case file that the appellate (3) Refusing to allow the party to Rule 54. Court may require. support or oppose designated claims or (c) Certified list. The Clerk will defenses; 6101.52 Small claims procedure [Rule 52]. provide the clerk of the appellate Court (4) Prohibiting the party from (a) Election. The small claims a certified list as required by the Court’s introducing into evidence designated procedure is available solely at an rules. claims or defenses; (d) Inspection or copying of record. appellant’s election, when there is a (5) Striking pleadings or parts thereof, monetary amount in dispute and either The Clerk will make a record on appeal or staying further proceedings until the available for inspection and copying in (1) the amount in dispute is $50,000 or order is obeyed; less, or (2) the appellant is a small accordance with the rules of the (6) Dismissing the case or any part appellate Court. business (under the Small Business Act, thereof; 15 U.S.C. 631 et seq., and regulations 6101.33 Remand from appellate Court (7) Enforcing the protective order and under that Act) and the amount in [Rule 33]. disciplining individuals subject to such dispute is $150,000 or less. An If a Court remands a case to the Board order for violation thereof, including appellant may elect the small claims for further proceedings, each party shall, disqualifying a party’s representative, procedure up to 30 days after receiving within 30 days of receipt of the attorney, expert, or consultant from the respondent’s answer. appellate mandate, recommend further participation in the case; (8) Drawing evidentiary inferences (b) Procedure. The respondent may procedures to comply with the remand object to an election, on the grounds order. The Board will then issue an adverse to the party; or (9) Imposing such other sanctions as that Rule 52(a) is not satisfied, within 10 order on further proceedings. the Board deems appropriate. days after receiving the election. If the small claims procedure is used, the 6101.34 Ex parte communications [Rule (c) Denial of access to protected 34]. material. The Board may in its Board will set a schedule for timely resolution of the appeal. The schedule No member of the Board or of the discretion deny access to protected may restrict or eliminate pleadings, Board’s staff will communicate with a material to any person found to have discovery, and other prehearing party about any material issue in a case previously violated a protective order, activities. outside of the presence of the other regardless of who issued the order. party, and no one shall attempt such (d) Disciplinary proceedings. (c) Decision. The presiding judge may communications on behalf of a party. (1) Sanctions. The Board may issue a decision in summary form. A This rule does not bar such discipline individual party decision is final and conclusive, shall communications about the Board’s representatives, attorneys, experts, or not be set aside except for fraud, and is administrative functions or procedures. consultants for violating any Board not precedential. If possible, the Board order, direction, or standard of conduct will resolve the appeal within 120 days 6101.35 Standards of conduct; sanctions if the violation seriously affects the after the appellant elects the small [Rule 35]. integrity of the Board, its process, or its claims procedure. The Board may (a) Standards of conduct. All parties proceedings. Sanctions may be public or extend the appeal schedule if an and their representatives, attorneys, and private, and may include appellant does not adhere to the any expert or consultant retained by admonishment, reprimand, established schedule.

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6101.53 Accelerated procedure [Rule 53]. Neutral are confidential, subject to 5 (2) A notice of appeal is filed upon its (a) Election. The accelerated U.S.C. 574, and, unless otherwise receipt by the Office of the Clerk of the procedure is available solely at an specifically agreed by the parties, Board, not when it is mailed. appellant’s election and is limited to inadmissible as evidence in any Board (3) The terms ‘‘petition’’ and appeals in which there is a monetary proceeding, although evidence ‘‘petitioner’’ do not apply to FCIC cases. amount in dispute and that amount is otherwise admissible before the Board is (b) Rule 2. $100,000 or less. The appellant may not rendered inadmissible merely (1) Rule 2(a) is replaced with the elect the accelerated procedure up to 30 because of its use in ADR. following for FCIC cases: A notice of days after receiving the respondent’s (d) ADR agreement. Parties shall agree appeal shall be in writing and shall be answer. in writing to an ADR method and the signed by the appellant or by the (b) Procedure. The respondent may procedures and requirements for appellant’s attorney or authorized object to an election, on the grounds implementing it. The ADR agreement representative. If the appeal is from a that Rule 53(a) is not satisfied, within 10 shall provide that the parties and determination by the Deputy days after receiving the election. If the counsel will not subpoena the Neutral Administrator of Insurance Services accelerated procedure is used, the Board in any legal action or administrative regarding an action alleged not to be in will set a schedule for timely resolution proceeding of any kind to provide accordance with the provisions of a of the appeal. The schedule may restrict documents or testimony relating to the Standard Reinsurance Agreement (or or eliminate pleadings, discovery, and ADR. other reinsurance agreement), or if the other prehearing activities. (e) Types of ADR. Parties and the appeal is from a determination by the (c) Decision. The presiding judge may Deputy Administrator of Compliance issue a decision with the concurrence of Board may agree on any type of binding or nonbinding ADR suited to a dispute. concerning a determination regarding a at least one panel member. If the compliance matter, the notice of appeal ■ 2. Revise part 6102 to read as follows: presiding judge and a panel member should describe the determination in disagree, the panel will decide the enough detail to enable the Board to appeal. If possible, the Board will PART 6102—CROP INSURANCE CASES differentiate that decision from any resolve the appeal within 180 days after other; the appellant can satisfy this the appellant elects the accelerated Sec. requirement by attaching to the notice of procedure. The Board may extend the 6102.201 Scope of rules [Rule 201]. appeal a copy of the Deputy appeal schedule if an appellant does not 6102.202 Rules for crop insurance cases Administrator’s determination. If an adhere to the established schedule. [Rule 202]. appeal is taken from the failure of the 6101.54 Alternative dispute resolution Authority: 7 U.S.C. 1501 et seq.; 41 U.S.C. Deputy Administrator to make a timely [Rule 54]. 438(c)(2). determination, the notice of appeal (a) Availability. The CDA states that 6102.201 Scope of rules [Rule 201]. should describe in detail the matter that boards of contract appeals ‘‘shall . . . to the Deputy Administrator has failed to These procedures govern the Board’s the fullest extent practicable provide determine; the appellant can satisfy this resolution of disputes between informal, expeditious, and inexpensive requirement by attaching to the notice of insurance companies and the resolution of disputes.’’ Resolution of a appeal a copy of the written request for Department of Agriculture’s Risk dispute at the earliest stage feasible, by a determination it sent to the Deputy Management Agency (RMA) involving the fastest and least expensive method Administrator. actions of the Federal Crop Insurance possible, benefits both parties. The (2) In Rule 2(a), the references to Corporation (FCIC). Prior to the creation Board provides alternative dispute ‘‘contracting officer’’ are references to of this Board, the Department of resolution (ADR) services for pre-claim ‘‘Deputy Administrator.’’ Agriculture Board of Contract Appeals and pre-final decision matters, as well (3) Rule 2(b) does not apply to FCIC resolved this variety of dispute pursuant as appeals pending before the Board. cases. to statute, 7 U.S.C. 1501 et seq. (the The Board may also conduct ADR (4) In Rule 2(d)(1), an appeal from a Federal Crop Insurance Act), and proceedings for any federal agency. The determination of a Deputy regulation, 7 CFR 24.4(b) and 400.169. use of ADR proceedings does not toll Administrator shall be filed no later The Board has this authority under an any statutory time limits. than 90 calendar days after the date the (b) Procedures for requesting ADR. agreement with the Secretary of appellant receives that determination. Parties may jointly ask the Board Chair Agriculture, as permitted under section The Board is authorized to resolve only to appoint a judge as an ADR Neutral. 42(c)(2) of the Office of Federal those appeals that are timely filed. The parties may request a particular Procurement Policy Act, 41 U.S.C. (5) In Rule 2(d)(2), an appeal may be judge or judges, to include the presiding 438(c)(2). filed with the Board if the Deputy judge. To facilitate full, frank, and open 6102.202 Rules for crop insurance cases Administrator fails or refuses to issue a participation, a Neutral will not discuss [Rule 202]. determination within 90 days after the the substance of the case or the parties’ appellant submits a request for a The rules of procedure for these cases conduct in ADR with other Board determination. are the same as the rules of procedure personnel, and a Neutral who (c) Rule 4. for Contract Disputes Act appeals, with participates in a nonbinding ADR (1) In Rule 4, the references to these exceptions: procedure that does not resolve the ‘‘contracting officer’’ are references to dispute is recused from further (a) Rule 1(b). ‘‘Deputy Administrator.’’ participation in the matter unless the (1) The term ‘‘appeal’’ means a (2) In Rule 4(a), paragraphs (1) parties agree otherwise in writing and dispute between an insurance company through (7), describing materials the Board concurs. that is a party to a Standard Reinsurance included in the appeal file, are replaced (c) Confidentiality. Written material Agreement (or other reinsurance by the following: prepared for use in ADR, oral agreement) and the RMA, and the term (i) The determination of the Deputy presentations made in ADR, and all ‘‘appellant’’ means the insurance Administrator that is the subject of the discussions between the parties and the company filing an appeal. dispute;

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(ii) The reinsurance agreement (with be labeled with the name and docket (g) Rule 25. In Rule 25(a), the phrase, amendments or modifications) at issue number of the case. The judge may ‘‘except as allowed by Rule 52,’’ does in the dispute; delay the submission of the compact not apply to FCIC cases. (iii) Pertinent correspondence disk copy of the appeal file until the (h) Rule 32. Rule 32 (a) through (c) are between the parties that is relevant to close of the evidentiary record. replaced with the following for FCIC the dispute, including prior (d) Rule 5. In Rule 5(a)(2), the cases: administrative determinations and references to ‘‘contracting officer’’ are (1) Finality of Board decision. A related submissions; references to ‘‘Deputy Administrator.’’ decision of the Board is a final (iv) Documents and other tangible (e) Rule 15. In Rule 15(c), the final administrative decision. materials on which the Deputy (2) Appeal permitted. An appellant Administrator relied in making the sentence does not apply to FCIC cases. (f) Rule 16. Rules 16 (b) through (h) may file suit in the appropriate United underlying determination; and States District Court to challenge the (v) Any additional material pertinent do not apply to FCIC cases. Instead, Board’s decision. An appellant filing to the authority of the Board or the upon the written request of any party such a suit shall provide the Board with resolution of the dispute. filed with the Office of the Clerk of the (3) The following subsection is added Board, or upon the initiative of a judge, a copy of the complaint. to Rule 4: Media on which appeal file a judge is authorized by delegation from (i) Rule 52. Rule 52 does not apply to is to be submitted. All appeal file the Secretary of Agriculture to request FCIC cases. submissions, including the index, shall the appropriate United States Attorney (j) Rule 53. Rule 53 does not apply to be submitted in two forms: paper and in to apply to the appropriate United FCIC cases. a text or .pdf format submitted on a States District Court for the issuance of [FR Doc. 2018–06269 Filed 3–27–18; 8:45 am] compact disk. Each compact disk shall subpoenas pursuant to 5 U.S.C. 304. BILLING CODE 6820–AL–P

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Notices Federal Register Vol. 83, No. 60

Wednesday, March 28, 2018

This section of the FEDERAL REGISTER importation of ruminants from Mexico availability for review and comment of contains documents other than rules or into the United States. our evaluation of the fever tick status of proposed rules that are applicable to the The regulations in paragraph (b)(1) of the State of Chihuahua, except the public. Notices of hearings and investigations, § 93.427 contain conditions for the municipalities of Guadalupe y Calvo committee meetings, agency decisions and importation of ruminants from regions and Morelos. We solicited comments on rulings, delegations of authority, filing of of Mexico that we consider free from the petitions and applications and agency the notice for 60 days ending on July 11, statements of organization and functions are Rhipicephalus (formerly Boophilus) 2016. We received no comments on our examples of documents appearing in this annulatus ticks and Rhipicephalus evaluation. section. microplus ticks, known as cattle fever Therefore, based on the findings of ticks. Fever ticks are the North our evaluation and the absence of American vectors for bovine babesiosis, comments that would lead us to DEPARTMENT OF AGRICULTURE or cattle fever. Regions of Mexico that reconsider those findings, we are we consider free from fever ticks are announcing our determination to add Animal and Plant Health Inspection listed at https://www.aphis.usda.gov/ the State of Chihuahua, excluding the Service aphis/ourfocus/animalhealth/animal- municipalities of Guadalupe y Calvo and-animal-product-import- [Docket No. APHIS–2015–0042] and Morelos, to the list of regions of information/ct_animal_disease_status. Mexico declared free from fever ticks. Notice of a Determination Regarding Currently, the State of Sonora is the This list is available on the APHIS the Fever Tick Status of the State of only region on this list. website at https://www.aphis.usda.gov/ Chihuahua, Excluding the The regulations in 9 CFR 92.2 contain aphis/ourfocus/animalhealth/animal- Municipalities of Guadalupe y Calvo requirements for requesting the and-animal-product-import- and Morelos recognition of the animal health status information/ct_animal_disease_status. of a region or for the approval of the Authority: 7 U.S.C. 1622 and 8301–8317; AGENCY: Animal and Plant Health export of a particular type of animal or 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 Inspection Service, USDA. animal product to the United States CFR 2.22, 2.80, and 371.4. ACTION: Notice. from a foreign region. If, after review and evaluation of the information Done in Washington, DC, this 22nd day of March 2018. SUMMARY: We are advising the public submitted in support of the request, the that we have determined that the State Animal and Plant Health Inspection Kevin Shea, of Chihuahua, excluding the Service (APHIS) believes the request can Administrator, Animal and Plant Health municipalities of Guadalupe y Calvo be safely granted, APHIS will make its Inspection Service. and Morelos, is free from fever ticks. evaluation available for public comment [FR Doc. 2018–06131 Filed 3–27–18; 8:45 am] Based on an evaluation of the fever tick through a notice published in the BILLING CODE 3410–34–P status of this region, which we made Federal Register. Following the close of available to the public for review and the comment period, APHIS will review DEPARTMENT OF AGRICULTURE comment through a previous notice, the all comments received and will make a Administrator has determined that this final determination regarding the Forest Service region is free from fever ticks and that request that will be detailed in another ruminants imported from the region notice published in the Federal Andrew Pickens Ranger District, present a low risk of exposing Register. Sumter National Forest, South ruminants in the United States to fever In accordance with that process, Carolina; Supplement to the 2013 AP ticks. Mexico asked APHIS to recognize the Loblolly Pine Removal and Restoration DATES: This change in fever tick status State of Chihuahua, except the Project will be recognized on April 27, 2018. municipalities of Guadalupe y Calvo AGENCY: Forest Service, USDA. FOR FURTHER INFORMATION CONTACT: Dr. and Morelos, as a region free from fever ACTION: Betzaida Lopez, Senior Staff ticks. In response to this request, we Notice of intent to prepare a Veterinarian, National Import Export prepared an evaluation of the fever tick Supplemental Environmental Impact Services, VS, APHIS, 4700 River Road status of this region. The evaluation Statement for the AP Loblolly Pine Unit 39, Riverdale, MD 20737; (301) concluded that the State of Chihuahua, Removal and Restoration Project. excluding the municipalities of 851–3300. SUMMARY: The USDA Forest Service is Guadalupe y Calvo and Morelos, is free SUPPLEMENTARY INFORMATION: The preparing a Supplemental from fever ticks, and that ruminants regulations in 9 CFR part 93 prohibit or Environmental Impact Statement (SEIS) imported from the region pose a low restrict the importation of certain for the AP Loblolly Pine Removal and risk of exposing ruminants within the animals, birds, and poultry into the Restoration Project. The purpose of this United States to fever ticks. United States to prevent the On May 12, 2016, we published in the project is to restore native vegetation introduction of communicable diseases Federal Register (81 FR 29524–29525, typical of the Southern Appalachian of livestock and poultry. Subpart D of Docket No. APHIS–2015–0042) a Mountains in areas that were planted to part 93 (§§ 93.400 through 93.436, non-native loblolly pine plantations in notice 1 in which we announced the referred to below as the regulations) the 1970s. A number of vegetative governs the importation of ruminants; 1 To view the notice and the evaluation, go to treatments have been implemented within the regulations, §§ 93.424 http://www.regulations.gov/#!docketDetail;D= since the Final Environmental Impact through 93.429 specifically address the APHIS-2015-0042. Statement was completed and the

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Record of Decision was signed in 2013. become commercially viable and/or hickory but lack sufficient native pine Implementation monitoring and field have road access to them that was not species typical of the ecological zone. reviews indicate that some changes are available at the time of the original Woodland areas should contain a needed to the original decision. decision. There is a need to recover any variety of ecologically suitable species DATES: Scoping comments for this economic value in trees to be harvested of native pines (that include pitch pine, supplement must be received by April prior to restoration of native forest Table Mountain pine and shortleaf pine) 27, 2018. The Draft Supplemental vegetation. and hardwoods with an open overstory Environmental Impact Statement 3. As a non-native species in the and an understory dominated by (DSEIS) is expected in June 2018, and Southern Appalachian Mountains, herbaceous vegetation. Woodland the Final Supplemental Environmental loblolly pine has proven to be an restoration needs to include native pine Impact Statement (FSEIS) is expected in aggressive competitor and seed stored in species suitable to the ecological zone. October 2018. the soil germinates prolifically 6. Implementation monitoring has ADDRESSES: Send written comments to following harvest and hampers shown the need to drop mitigation USDA Forest Service, 112 Andrew establishment of native forest measure #1 from the 2013 FEIS. This Pickens Circle, Mountain Rest, South vegetation. The herbicides currently mitigation measure provides for Carolina 29664. Comments may also be approved for use have proven effective staggering some harvest units in sent via email to comments-southern- for hardwood control but ineffective at identified small sub-watersheds to francismarion-sumter-andrewpickens@ controlling loblolly pine regeneration. reduce timber harvesting effects on There is a need to include both water quality. However, this mitigation fs.fed.us, or via facsimile to 864–638– prescribed burning and herbicides as measure has proven difficult to 2659. site preparation treatments that are more implement and has caused additional FOR FURTHER INFORMATION CONTACT: effective at controlling loblolly pine adverse environmental effects. Robbie Sitzlar ([email protected]) and/or regeneration. This would facilitate Staggering harvest units has resulted in Victor Wyant ([email protected]), 864– restoration of desirable native pine and additional soil disturbance from roads. 638–9568. hardwood species on appropriate Instead of using a system road once Individuals who use ecological types. during a timber sale and then putting it telecommunication devices for the deaf 4. Implementation monitoring back into storage and allowing it to (TDD) may call the Federal Information indicates that undesirable understory revegetate, another entry is needed a Relay Service (FIRS) at 1–800–877–8339 hardwoods (such as red maple, few years later resulting in additional between 8 a.m. and 8 p.m., Eastern sweetgum, blackgum, rhododendron, disturbance in the watershed. In Time, Monday through Friday. and mountain laurel) are well- addition, there is an increased risk of SUPPLEMENTARY INFORMATION: In May established in some stands. The lack of loblolly pine seeding into the newly 2013, the Final Environmental Impact periodic fire has allowed these species restored unit from the adjacent uncut Statement for the AP Loblolly Pine to become dominant and persistent in stand. Removal and Restoration Project (2013 the understory at levels not typical for 7. Mitigation measure # 6c would be FEIS) was completed and a Record of their ecological zone. In addition, past revised to permit log trucks to cross Decision (2013 ROD) was signed by the Southern pine beetle activity that killed some perennial and intermittent streams Andrew Pickens District Ranger on May portions of the overstory loblolly pine using other methods (such as low-water 22, 2013. The 2013 FEIS and 2013 ROD has also resulted in these hardwood crossings) in addition to temporary along with other supporting documents species gaining dominance of the site at bridges. Implementation monitoring are available at: https://www.fs.usda. the exclusion of other desirable species indicates that some crossings make it gov/project/?project=28634. These such as oaks, hickories, and native impracticable to use a temporary bridge documents include descriptions of the pines. Loblolly pine regeneration is also without placing fill material on the purpose and need for the project and the present and needs to be eliminated from banks of the stream. This fill material three alternatives that were evaluated. the stand. There is a need to treat has the potential to be a sediment Alternative 3 was selected by the undesirable hardwood and loblolly pine source once the temporary bridge is Responsible Official for understories prior to timber harvest in removed. The revised mitigation would implementation. Since the 2013 ROD some areas to facilitate reestablishment require consultation with Forest Service was signed, a number of timber sale of native forest vegetation. resource specialists prior to proceeding units have been logged and subsequent 5. Ecological classification mapping with other crossing methods. The intent implementation monitoring and field for the district has been updated since is to choose the best form of crossing to reviews indicate a need to make some the 2013 ROD was signed. This new protect soil and water resources. changes to the decision. information has been used to help 8. A mitigation measures would be identify potentially suitable areas for added to protect residual trees during Purpose and Need for Action woodland management. Also, site preparation prescribed burn Additions to the purpose and need for establishment of woodland areas has treatments and another mitigation action are based on project proven to be more labor intensive than measure would be added to require implementation monitoring and field was originally thought. There is a need hand fireline construction near streams. reviews, as described below. to reduce the total number of acres 1. Field reviews have identified 1,330 managed as woodlands and to use Proposed Action acres of new loblolly stands that were ecological mapping to identify areas The proposed action includes adding not addressed in the 2013 FEIS. These suitable for woodland management. about 1,330 acres of new loblolly stand stands need to be restored to native This would result in some woodland treatments, modifying loblolly forest species appropriate for the areas being changed to regeneration treatments on 902 acres from pre- ecological zone and loblolly pine (a harvest and some new areas selected for commercial to commercial treatments, non-native species) needs to be woodland management. In some cases, reducing the acres to be managed as eliminated as a long term seed source. stands selected for woodland woodlands, adding planting of native 2. Since the 2013 ROD was signed, management contain desirable pines in woodlands, adding two 902 acres of loblolly stands have hardwood species such as oak and herbicides (that are already approved for

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Forest Service use) to more effectively the end of September) via directed foliar watersheds would be dropped and manage understory vegetation, adding or cut surface application methods. instead reliance would be placed on prescribed fire, and modifying or adding Stands Changed from Woodland adherence to ‘‘South Carolina’s Best mitigation measures to protect Treatments to Regeneration Harvest, Management Practices for Forestry and resources. with Reserves (cut-and-remove): National Best Management Practices for Regeneration Harvest, with Reserves Commercial timber harvest would occur Water Quality Management on National (cut-and-remove): Commercial timber on approximately 282 acres. Treatments Forest System Lands’’ and standards in harvest would occur on an additional would be the same as those described the Revised Land and Resource 1,330 acres. Unmerchantable loblolly for Regeneration Harvest, with Reserves Management Plan Sumter National pine and other undesirable species (cut-and-remove). Forest (Forest Plan). would be cut down by manual (saws, Woodlands Planted with Native Pines: Mitigation measure # 6c would be hand tools) or mechanized felling The proposed action would include the revised to allow log trucks to cross equipment. In addition, to cutting option to plant pitch pine, Table perennial and intermittent streams loblolly pine, harvest would also Mountain pine and shortleaf pine to using other methods (low-water include Virginia pine, white pine, red supplement species diversity in newly crossing) in addition to temporary maple, sourwood, blackgum, mountain established woodland areas (631 acres). bridges as deemed practicable and laurel, rhododendron, yellow-poplar Planting would be done manually in effective at resource protection with and other less desirable hardwoods. The small patches and densities would be approval from Forest Service specialists. intent of cutting from these associated based on the number needed to meet Crossings would adhere to BMPs and species is to limit their abundance and woodland ecological objectives for the the Forest Plan. achieve a mix of species typical of site. A new mitigation measure would be natural forest conditions. Desirable Additional Site Preparation added to protect residual trees in dominant and co-dominant oaks, Treatments: The supplement would harvest units during prescribed burn hickories, shortleaf pine, Table include the addition of site-preparation activities. Protection measures could Mountain pine, and pitch pine of good prescribed burning and two new include manual and mechanical vigor would be retained where possible herbicides that are more effective at removal of logging slash from under the unless removal is necessary for safety or controlling loblolly pine regeneration. drip-line to the base of residual trees. A for equipment operability reasons. Site- Prescribed Burning Treatment: Site- new mitigation measure would be preparation treatments would be preparation burning would be used to added to protect streams by requiring implemented prior to tree planting. control loblolly regeneration typically in hand fireline construction within 100 Shortleaf pine, Table Mountain pine, the first growing season following feet of streams when deemed necessary and pitch pine would be planted on harvest in regeneration stands (4,369 during prescribed burning. some sites; densities would vary based acres). It would also be used to reduce Additional Forest Service System on residual desirable species, site competition from Virginia pine, white Road Reconstruction and Maintenance: quality and consideration of the pine, and undesirable hardwoods. Road reconstruction and maintenance ecological zone for each stand. Firelines would utilize natural features would be needed on an additional 9.4 Regeneration Harvest, with Reserves as practicable such as streams or miles of existing Forest Service system (treatments changed from cut and leave constructed features such as roads. roads. Reconstruction work would to cut and remove): Commercial timber Dozer and hand constructed firelines consist of but not be limited to graveling harvest would occur on approximately would be needed in some places to road surfaces, replacing culverts— 902 acres previously designated for non- contain the prescribed fire. Stands that including replacements for aquatic commercial treatment. Treatments overlap with larger landscape organism passage, ditch cleaning, would be the same as those described prescribed burn blocks may be burned removing brush and trees along road for Regeneration Harvest, with Reserves in the growing season or dormant rights-of-way, installing, repairing or (cut-and-remove). season subject to landscape scale replacing gates and correcting road New Woodland Stands: The burning objectives. Burning would be safety hazards. Road maintenance woodland prescription would remove done manually with drip torches or would consist of but not be limited to all loblolly pine and undesirable tree with aerial ignition (i.e., helicopter). spot gravel replacement, blading, species including but not limited to Herbicide Treatments: Chemical site cleaning culverts, brushing and Virginia pine, white pine, maples, and preparation would be used in stands mowing. yellow poplar on 188 acres. The that are not prescribe burned or where Temporary Roads: Approximately 12 treatment would include thinning oaks, burning does not have the anticipated miles of additional temporary roads hickories, and shortleaf pine if effect at controlling competition. would be used to access stands. necessary to a 30 to 60% canopy cover. Glyphosate and aminopyralid Temporary roads would be closed and Maintenance treatments could include herbicides would be added to the the area returned to resource production prescribed burning, herbicide, manual, existing herbicides to control after the access is no longer needed. and mechanical methods as needed to regenerating loblolly pine seedlings and Fireline Construction: Approximately achieve the desired species undesirable species as needed in order 8 miles of dozer fireline would be composition. Manual and mechanical to achieve native species composition. needed for site preparation burning methods include hand tools (chainsaws, Herbicides would be applied manually treatments. Typically, constructed line brush saws), and/or heavy equipment using the foliar or hack-n-squirt would not be needed to control fire (tractor with mower, gyro-track that methods. In addition, pre-harvest site- during the growing season site grind up or masticate undesirable preparation herbicide treatments may be preparation burning, but key locations understory vegetation). Herbicides in used to control mid and understory would need it (such as along private combination with a surfactant and spray species composition in all regeneration land boundaries next to residences). pattern indicator would also be used to areas. Additional information including maps control undesirable understory Changes to Mitigation Measures: on the proposed action are located at the vegetation. Herbicides would be applied Mitigation measure #1 which required following website: https://www.fs.usda. manually (between the first of July and staggering of harvest units in some gov/project/?project=53047.

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Responsible Official DEPARTMENT OF AGRICULTURE https://www.rd.usda.gov/programs- services/rd-apply through September 30, Andrew Pickens District Ranger, Rural Utilities Service 2018. Sumter National Forest FOR FURTHER INFORMATION CONTACT: For Rural Broadband Access Loans and Nature of Decision To Be Made further information contact Shawn Loan Guarantees Program Whether or not to implement the Arner, Deputy Assistant Administrator, Proposed Action or continue to AGENCY: Rural Utilities Service, USDA. Loan Origination and Approval implement the 2013 ROD. ACTION: Notice of Solicitation of Division, Rural Utilities Service, Room Applications (NOSA). 2844, STOP 1597, 1400 Independence Scoping Process Avenue SW, Washington, DC 20250– This Notice of Intent initiates the SUMMARY: The Rural Utilities Service 1597, Telephone: (202) 720–0800, or scoping process, which guides the (RUS), an Agency of the United States email: [email protected]. development of the SEIS. We are Department of Agriculture (USDA), SUPPLEMENTARY INFORMATION: inviting you to submit comments to announces that it is accepting General Information help refine the proposed action. In applications for fiscal year (FY) 2018 for addition, the Responsible Official is the Rural Broadband Access Loans and The Rural Broadband Access Loan currently preparing an environmental Loan Guarantees Program (the and Loan Guarantee Program (the analysis of the proposed action and Broadband Program). RUS will publish ‘‘Broadband Program’’) is authorized by needs your assistance to better identify on its website https://www.rd.usda.gov/ the Rural Electrification Act (7 U.S.C. issues, concerns and opportunities. newsroom/notices-solicitation- 901 et seq.), as amended by the Pursuant to 36 CFR 218.7(a)(2), this applications-nosas the amount of Agricultural Act of 2014 (Pub. L. 113– proposed project implements the land funding received through the final 79), also referred to as the 2014 Farm management plan and is subject to 36 appropriations act. Bill. CFR 218 subparts A and B. Since the passage of the Agricultural During FY 2018, loans will be made Specific written comments as defined Act of 2014 (2014 Farm Bill), RUS has available for the construction, by § 218.2 should be within the scope of only accepted applications according to improvement, and acquisition of the proposed action, have a direct discrete application windows as facilities and equipment that will relationship to the proposed action, and identified in notices published in the provide service at the broadband must include supporting reasons for the Federal Register. However, based on a lending speed in eligible rural areas. Responsible Official to consider. It is the review of the applications submitted Applications are subject to the responsibility of all individuals and since the implementation of the 2014 requirements of 7 CFR part 1738. Farm Bill, RUS has determined that the organizations to insure that their Application Assistance comments are received in a timely use of application windows has not manner. effectively supported the Agency’s RUS offers pre-application assistance, A notice and comment period will be mission to finance improved broadband in which National Office staff and the provided at a future date (§ 218.24). service in rural areas. As a result, RUS assigned General Field Representative Only those that respond to this request is accepting applications on a rolling review the draft application, provide for comments will remain on the basis throughout FY 2018. This will give detailed comments, and identify areas mailing list for this project. RUS the ability to request additional where an application is not meeting It is important that reviewers provide information and modifications to a eligibility requirements for funding. The their comments at such times and in submitted application whenever online application system allows RUS such manner that they are useful to the necessary. staff to assist an applicant with every Applications will be processed on a agency’s preparation of the part of an application as it is being first come, first served basis. Every environmental impact statement. developed. Once the application is ninety (90) days, RUS will conduct an Therefore, comments should be formally submitted, the online system evaluation of the submitted provided prior to the close of the will timestamp the submitted version applications. During the evaluation comment period and should clearly and establish the application’s place in period, applications will be ranked articulate the reviewer’s concerns and the processing queue. based on the percentage of unserved contentions. Based on the order in which the households that the applicant proposes Comments received in response to applications are received, RUS will to serve. RUS anticipates that it will this solicitation, including names and review the application for completeness. conduct at least two evaluation periods addresses of those who comment, will The applicant may be asked for for FY 2018. Because the Agency will be considered part of the public record additional information to clarify aspects receive applications throughout the on these proposed actions and will be of an otherwise complete application or fiscal year, subsequent evaluation available for public inspection. to assist the Agency in the underwriting periods can alter the ranking of Comments submitted anonymously will process. If the application is determined applications. be accepted and considered; however, to be complete, RUS will review the In addition to announcing its package for eligibility and technical and anonymous comments will not provide acceptance of FY 2018 applications, the agency with the ability to provide financial feasibility, in accordance with RUS revises the minimum and 7 CFR 1738. If an application is the respondent with subsequent maximum amounts for broadband loans environmental documents. ultimately found to be incomplete or for the fiscal year. inadequate, a detailed explanation will Dated: February 28, 2018. DATES: Applications under this NOSA be provided to the applicant. Chris French, will be accepted immediately through To further assist in the preparation of Associate Deputy Chief, National Forest September 30, 2018. RUS will process applications, an application guide is System. loan applications as they are received. available online at: https:// [FR Doc. 2018–06132 Filed 3–27–18; 8:45 am] Applications can only be submitted www.rd.usda.gov/programs-services/ BILLING CODE 3411–15–P online through the RD Apply website at farm-bill-broadband-loans-loan-

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guarantees. An application guide may available will be published on the Office of the Assistant Secretary for also be requested from the RUS contact Agency web page once all budgetary Civil Rights, 1400 Independence listed in the FOR FURTHER INFORMATION allocations have been completed. Avenue SW, Washington, DC 20250– CONTACT section of this notice. Loan offers are limited to the funds 9410, (2) Fax: (202) 690–7442; or (3) Application requirements: All available at the time of the Agency’s Email: [email protected]. requirements for submission of an decision to approve an application. USDA is an equal opportunity application under the Broadband Applications will not be accepted provider, employer, and lender. after September 30, 2018, until a new Program are subject to 7 CFR part 1738. Dated: March 22, 2018. Application Materials/Submission: application opportunity has been Applications must be submitted through opened with the publication of an Christopher A. McLean, the Agency’s online application system additional NOSA in the Federal Acting Administrator, Rural Utilities Service. located at https://www.rd.usda.gov/ Register. [FR Doc. 2018–06175 Filed 3–27–18; 8:45 am] BILLING CODE P programs-services/rd-apply. All Paperwork Reduction Act materials required for completing an application are included in the online In accordance with the Paperwork system. Reduction Act of 1995, the information DEPARTMENT OF COMMERCE collection requirements associated with Minimum and Maximum Loan Broadband loans, as covered in this Submission for OMB Review; Amounts NOSA, have been approved by the Comment Request Loans under this authority will not be Office of Management and Budget The Department of Commerce will made for less than $100,000. The (OMB) under OMB Control Number submit to the Office of Management and maximum loan amount that will be 0572–0130. Budget (OMB) for clearance the considered for FY 2018 is $25,000,000. USDA Non-Discrimination Statement following proposal for collection of Required Definitions for Broadband In accordance with Federal civil information under the provisions of the Program Regulation rights law and U.S. Department of Paperwork Reduction Act (44 U.S.C. The regulation for the Broadband Agriculture (USDA) civil rights chapter 35). Program requires that certain definitions regulations and policies, the USDA, its Agency: U.S. Census Bureau. affecting eligibility be revised and Agencies, offices, and employees, and Title: American Community Survey. published from time to time by the institutions participating in or OMB Control Number: 0607–0810. Agency in the Federal Register. For the administering USDA programs are Form Number(s): ACS–1, ACS–1(SP), purposes of this NOSA, the Agency is prohibited from discriminating based on ACS–1(PR), ACS–1(PR)SP, ACS–1(GQ), revising the definitions of Broadband race, color, national origin, religion, sex, ACS–1(PR)(GQ), GQFQ, ACS CAPI Service and Broadband Lending Speed. gender identity (including gender (HU), ACS RI (HU), and AGQ QI, AGQ Broadband Service is determined to expression), sexual orientation, RI. exist if customers are able to access a disability, age, marital status, family/ Type of Request: Regular Submission. minimum rate-of-data transmission of parental status, income derived from a Number of Respondents: 3,760,000. twenty-five (25) megabits downstream public assistance program, political Average Hours Per Response: 40 and three (3) megabits upstream for both beliefs, or reprisal or retaliation for prior minutes for the average household mobile and fixed service. This rate is civil rights activity, in any program or questionnaire. used to determine whether an area is activity conducted or funded by USDA Burden Hours: The estimate is an eligible for funding. (not all bases apply to all programs). annual average of 2,455,868 burden Broadband Lending Speed is the Remedies and complaint filing hours. minimum rate-of-data transmission that deadlines vary by program or incident. Needs and Uses: The U.S. Census applicants must propose to offer the Persons with disabilities who require Bureau requests authorization from the customer. The Broadband Lending alternative means of communication for Office of Management and Budget Speed is twenty-five (25) megabits program information (e.g., Braille, large (OMB) for revisions to the American downstream and three (3) megabits print, audiotape, American Sign Community Survey (ACS). upstream for both mobile and fixed Language, etc.) should contact the The American Community Survey service. responsible Agency or USDA’s TARGET (ACS) is one of the Department of Center at (202) 720–2600 (voice and Commerce’s most valuable data Priority for Approving Loan TTY) or contact USDA through the products, used extensively by Applications Federal Relay Service at (800) 877–8339. businesses, non-governmental Applications for FY 2018 will be Additionally, program information may organizations (NGOs), local accepted from the publication date of be made available in languages other governments, and many federal this NOSA through September 30, 2018. than English. agencies. In conducting this survey, the Although review of applications will To file a program discrimination Census Bureau’s top priority is begin as they are submitted, all complaint, complete the USDA Program respecting the time and privacy of the applications will be evaluated and Discrimination Complaint Form, AD– people providing information while ranked every 90 days based on the 3027, found online at http:// preserving its value to the public. percentage of unserved households in www.ascr.usda.gov/complaint_filing_ The Census Bureau has a robust the proposed funded service area. cust.html and at any USDA office or research program for the ACS focused Subject to available funding, eligible write a letter addressed to USDA and on enhancing quality of the respondent applications that propose to serve a provide in the letter all of the experience, survey operations, and data. higher percentage of unserved information requested in the form. To In 2017, the Census Bureau conducted households will receive funding offers request a copy of the complaint form, the 2017 Pressure Seal Mailing before other eligible applications that call (866) 632–9992. Submit your Materials Test to evaluate the impact on propose to serve a lower percentage of completed form or letter to USDA by: (1) self-response and cost of replacing unserved households. The amount Mail: U.S. Department of Agriculture, letters and postcards in the American

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Community Survey (ACS) mail from the existing ACS question on high-quality, continuous measures for materials with pressure seal mailers. A current coverage alone. These data will the number of weeks worked, such as pressure seal mailer is a one-page enhance the ability of the U.S. means, medians, and aggregates. In document with a pre-applied adhesive Department of Health and Human addition, the changes enable additional that is folded and sealed with pressure. Services and the states to administer specificity for weeks worked, This type of mailer costs less than a Medicaid, CHIP, and the exchanges, and particularly with hours worked, income, letter with an envelope and more than monitor private insurance coverage. and occupation. Part A of the question a postcard. However, pressure seal In addition, one response option for regarding the time period of interest was mailers can conceal personal the health insurance question will be rephrased from working ‘‘50 or more information while postcards cannot. changed as a result of consultation with weeks’’ to ‘‘EVERY week’’ and Replacing a postcard with a pressure the U.S. Department of Veterans Affairs additional information is provided in seal mailer provides an opportunity to (VA). In July 2017, the VA contacted the the second sentence. The original increase the use of the internet user ID Census Bureau and requested a change instruction of ‘‘Count paid time off as in the text of the ACS mailings. Based to the VA response option on the health work’’ was changed to ‘‘Count paid on the results of this test, a pressure seal insurance question. The proposed vacation, paid sick leave, and military mailer will be used in place of the change is to ensure the accuracy of the service as work.’’ For part B of the Reminder Letter (second mailing) and estimates of VA health insurance question, the response option was the Additional Reminder Postcard (fifth coverage. The VA response option for changed to a write-in response, the mailing). This information is new since the health insurance question will be reference period (‘‘the PAST 12 the publication of the 60-day Federal truncated from ‘‘VA (including those MONTHS’’) is repeated, and new who have ever used or enrolled for VA Register Notice, FR-Doc. 2017–26726. guidance clarifies what to count as The content of the proposed 2019 health care)’’ to ‘‘VA (including those work. ACS questionnaire and data collection who have enrolled for VA health care).’’ instruments for both Housing Unit and This information is new since the Class of Worker Group Quarters operations reflect publication of the 60-day Federal changes to content and instructions that Register Notice, FR Doc. 2017–26726. Changes to the Class of Worker were proposed primarily as a result of question improve overall question Journey to Work the 2016 ACS Content Test, but also as clarity, refine the definition of unpaid a result of interagency consultation. The Changes to the Commute Mode family workers, explicitly define a 2019 content changes cover several question were motivated by changes in category for Active Duty military, topics discussed below. public transportation infrastructure improve question wording and across the United States, particularly the categories, and improve the layout of Telephone Service increased prevalence of light rail the question. Response categories were The rise of cell phone and systems and the need to update and grouped under three general headings. smartphone usage, and other complex clarify the terminology used to refer to ‘‘Active Duty’’ was added as one of the and varied telephone services and commute modes that appear as response categories in the government equipment, has changed how people categories on the ACS. To improve the section, and the ‘‘Active Duty’’ view and use telephones in a Commute Mode question, some of the checkbox was dropped from the household. Research also suggests that public transportation modes were Employer Name question. Question and some respondents, or in some cases modified. The category ‘‘Streetcar or response category wording were revised interviewers, may not fully understand trolley car’’ was changed to ‘‘Light rail, for clarity. To signal that all six the current wording of the survey street car, or trolley,’’ ‘‘Subway or employment characteristics questions question on Telephone Service, the elevated’’ was changed to ‘‘Subway or refer to the same job (including industry additional instructions that accompany Elevated Rail,’’ and ‘‘Railroad’’ was and occupation), the series was the question, or what the question is changed to ‘‘Long-distance train or renumbered from separate questions to intending to capture. To make the intent commuter rail.’’ These three rail-related a single series with sub-questions. of the telephone service question easier categories were also slightly reordered Lastly, the instructional text and to understand by respondents and so that ‘‘Subway or elevated rail,’’ the heading for the series immediately interviewers, the question was made a most prevalent rail mode, is listed first. preceding Class of Worker was stand-alone question and additional The phrase ‘‘trolley bus’’ was dropped simplified. instructions are provided on the types of and the phrase ‘‘work at home’’ was telephones and equipment respondents changed to ‘‘work from home.’’ The Industry and Occupation should include when answering the subheading of instructions was question. Currently, telephone service is simplified to read ‘‘Mark ONE box for Ongoing research of the Industry and asked as part of a broader question on the method of transportation used for Occupation question write-in responses housing characteristics. most of the distance.’’ The Time of has demonstrated that the questions Departure question has historically were unclear and confusing to Health Insurance raised concerns about privacy because respondents, who were unable to A question on Health Insurance of the reference to the time a person answer at all or answer with sufficient Premiums and Subsidies will be leaves home. To phrase the question in clarity to provide useful data. To introduced to the ACS immediately a less intrusive way, the question was increase clarity and improve following the current question on health changed to ask what time the person’s occupational specificity, these questions insurance coverage. The question on trip to work began and to remove the were revised to include new and premiums and subsidies asks if a person word ‘‘home.’’ consistent examples, in terms of content pays a health insurance premium, and and length, and include modified if so, if he or she received a subsidy to Weeks Worked question wording. The number of help pay the premium. This question The changes to the question on the characters for write-in responses about will provide more accurate information number of weeks worked were made to ‘‘Job Duties’’ was expanded from 60 to about coverage categories than available allow the Census Bureau to provide 100 characters.

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Retirement Income spouse options. An automated DEPARTMENT OF COMMERCE Over the last 40 years, defined relationship/sex consistency check will International Trade Administration contribution retirement plans have be included in electronic instruments to become increasingly common while provide respondents an opportunity to [A–580–891] defined benefit plans (such as pensions) change their sex or relationship have become less so. Federal surveys responses when there is an Carbon and Alloy Steel Wire Rod From have lagged in addressing these newer inconsistency in the reported sex of an the Republic of Korea: Final forms of retirement income and individual and whether their Affirmative Determination of Sales at subsequently underreport retirement relationship was reported as ‘‘Opposite- Less Than Fair Value and Final income. The Retirement, Survivor, and sex’’ or ‘‘Same-sex’’ husband/wife/ Negative Determination of Critical Disability Income question was changed spouse or unmarried partner. This check Circumstances reduces the inconsistency in responses to improve income reporting, increase AGENCY: Enforcement and Compliance, item response rates, reduce reporting and improves the quality of the relationship data. The category ‘‘Roomer International Trade Administration, errors, and update questions on Department of Commerce. retirement income and the income or boarder’’ has been dropped from the Relationship question. SUMMARY: The Department of Commerce generated from retirement accounts and (Commerce) determines that imports of all other assets in order to better Race and Hispanic Origin carbon and alloy steel wire rod (wire measure retirement income data. The rod) from the Republic of Korea (Korea) question was expanded to ask about The 2016 ACS Content Test served as are being, or are likely to be, sold in the ‘‘retirement income, pensions, survivor an operational test of the race and United States at less than fair value or disability income.’’ In addition, the ethnicity questions that were previously (LTFV). In addition, we determine that instructions that accompany the tested on the 2015 National Content critical circumstances do not exist with question were expanded to note that Test (NCT). Recommendations about the respect to imports of the subject income from ‘‘a previous employer or race and ethnicity questions adopted for merchandise. The period of union, or any regular withdrawals or the 2020 Census and production ACS investigation (POI) is January 1, 2016, distributions from IRA, Roth IRA, were based on the results of the census through December 31, 2016. 401(k), 403(b) or other accounts tests and decisions made in consultation specifically designed for retirement’’ with OMB; the 2016 ACS Content Test DATES: Applicable March 28, 2018. should be included. provided an opportunity to test data FOR FURTHER INFORMATION CONTACT: collection modes and examine other Lingjun Wang, AD/CVD Operations, Relationship data not available in the 2015 NCT. The Office VII, Enforcement and For several years, the Census Bureau 2016 ACS Content Test evaluated Compliance, International Trade has been testing revised relationship interviewer-administered collection Administration, U.S. Department of questions to improve the estimates of modes, assessed the race and ethnicity Commerce, 1401 Constitution Avenue coupled households. The 1990 Census questions against demographic and NW, Washington, DC 20230; telephone: first introduced ‘‘Unmarried partner’’ as socioeconomic data, and separately (202) 482–2316. a response category to the Relationship compared the race and ethnicity results SUPPLEMENTARY INFORMATION: to Householder question. The 2000 and to data from the ancestry question. In Background 2010 Censuses built upon this work, 2020 or later, the ACS will adopt the changing the processing of responses to final version of the race and Hispanic Commerce published the Preliminary the Relationship question to more origin questions that are implemented Determination of sales of wire rod from accurately represent same-sex couples. for the 2020 Census. Korea at LTFV in the Federal Register 1 The Census Bureau discovered a Affected Public: Individuals or on October 31, 2017. On November 7, statistical error in the 2010 Census data households. 2017, Commerce postponed the final that resulted from opposite-sex couples determination of this investigation.2 On mismarking their sex. This error had the Frequency: Response to the ACS is on November 28, 2017, Commerce potential to inflate the estimates of a one-time basis. amended the Preliminary same-sex, married couple households. Respondent’s Obligation: Mandatory. Determination.3 Commerce exercised its The Census Bureau released a set of Legal Authority: Title 13, United discretion to toll deadlines affected by modified state-level, same-sex States Code, Sections 141, 193, and 221. the closure of the Federal Government household estimates from the 2010 from January 20 through 22, 2018. If the Census because of this error, and also This information collection request new deadline falls on a non-business began new research efforts to improve may be viewed at www.reginfo.gov. day, in accordance with Commerce’s the Relationship question. Follow the instructions to view The Relationship question has been Department of Commerce collections 1 See Carbon and Alloy Steel Wire Rod from the revised to improve measurement of currently under review by OMB. Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, same-sex couples. The existing Written comments and and Preliminary Negative Determination of Critical ‘‘Husband or wife’’ and ‘‘Unmarried recommendations for the proposed Circumstances, 82 FR 50386 (October 31, 2017) partner’’ response categories were each information collection should be sent (Preliminary Determination), and accompanying split into two versions: ‘‘Opposite-sex within 30 days of publication of this Preliminary Decision Memorandum. husband/wife/spouse,’’ ‘‘Opposite-sex notice to OIRA_Submission@ 2 See Carbon and Alloy Steel Wire Rod from Italy, the Republic of Korea, Spain, Turkey, and the unmarried partner,’’ ‘‘Same-sex omb.eop.gov or fax to (202)395–5806. United Kingdom: Postponement of Final husband/wife/spouse,’’ and ‘‘Same-sex Determinations of Less-Than-Fair-Value unmarried partner.’’ Additionally, the Sheleen Dumas, Investigation and Extension of Provisional two unmarried partner categories were Departmental Lead PRA Officer, Office of the Measures, 82 FR 51613 (November 7, 2017). Chief Information Officer. 3 See Carbon and Alloy Steel Wire Rod from the moved from near the end of the list of Republic of Korea: Amended Preliminary [FR Doc. 2018–06166 Filed 3–27–18; 8:45 am] response options to near the beginning, Determination of Sales at Less Than Fair Value, 82 immediately after the husband/wife/ BILLING CODE 3510–07–P FR 56220 (November 28, 2017).

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practice, the deadline will become the and Decision Memorandum. A list of facts otherwise available. Therefore, for next business day. The revised deadline these issues is attached to this notice at purposes of determining the ‘‘all-others’’ for the final determination of this Appendix II. The Issues and Decision rate and pursuant to section 735(c)(5)(A) investigation is now March 19, 2018.4 Memorandum is a public document, of the Act, we are using the estimated A summary of the events that and is on file electronically via weighted-average dumping margin occurred since the Preliminary Enforcement and Compliance’s calculated for POSCO, as referenced in Determination, as well as a full Antidumping and Countervailing Duty the ‘‘Final Determination’’ section discussion of the issues raised by parties Centralized Electronic Service System below. This rate is 41.10 percent. for this final determination, may be (ACCESS). ACCESS is available to found in the accompanying Issues and registered users at http:// Final Negative Determination of Decision Memorandum, which is access.trade.gov, and to all parties in the Critical Circumstances adopted by this notice.5 Central Records Unit, room B8024 of the For the Preliminary Determination, Commerce preliminarily found that Scope of the Investigation main Department of Commerce building. In addition, a complete critical circumstances do not exist with The product covered by this version of the Issues and Decision respect to imports of wire rod from investigation is wire rod from Korea. For Memorandum can be accessed directly POSCO and ‘‘all other’’ producers and a complete description of the scope of at http://enforcement.trade.gov. The exporters of subject merchandise.10 In this investigation, see Appendix I. signed and electronic versions of the this final determination, Commerce Scope Comments Issues and Decision Memorandum are continues to find that, in accordance identical in content. with 735(a)(3) of the Act, critical During the course of this circumstances do not exist for POSCO Verification investigation, Commerce received scope and ‘‘all other’’ producers and exporters comments from interested parties. Prior As provided in section 782(i) of the in this investigation. A discussion of the to the Preliminary Determination, Tariff Act of 1930, as amended (the Act), determination can be found in the Commerce issued a Preliminary Scope in November 2017, we verified the sales ‘‘Critical Circumstances’’ section of the Decision Memorandum to address these and cost information reported by 6 Issues and Decision Memorandum. comments. Since the Preliminary POSCO for use in our final Determination, POSCO, British Steel, determination. We used standard Final Determination and the petitioners filed scope case and verification procedures, including an The final estimated weighted-average 7 rebuttal briefs. On November 20, 2017, examination of relevant accounting and dumping margins are as follows: we issued the Final Scope production records, and original source Memorandum in which we did not documents provided by POSCO.9 Estimated change the scope of this investigation.8 weighted- Changes Since the Preliminary Exporter/producer average Analysis of Comments Received Determination dumping margin All issues raised in the case and Based on our analysis of comments (percent) rebuttal briefs by parties in this received and our findings at investigation are addressed in the Issues verification, we made certain changes to POSCO ...... 41.10 the margin calculation for POSCO. For All-Others ...... 41.10 4 See January 23, 2018 Memorandum re: a discussion of these changes, see the Deadlines Affected by the Shutdown of the Federal Disclosure Government (Tolling Memorandum). All deadlines ‘‘Margin Calculation’’ section of the in this segment of the proceeding have been Issues and Decision Memorandum. We intend to disclose the calculations extended by 3 days. performed within five days of the date 5 All-Others Rate See Memorandum re: Issues and Decision of publication of this notice to parties in Memorandum for the Final Affirmative Section 735(c)(5)(A) of the Act Determination in the Less-Than-Fair-Value this proceeding in accordance with 19 Investigation of Carbon and Alloy Steel Wire Rod provides that the estimated weighted- CFR 351.224(b). from the Republic of Korea, dated concurrently average dumping margin for all other with this determination and hereby adopted by this producers and exporters shall be equal Continuation of Suspension of notice (Issues and Decision Memorandum). to the weighted average of the estimated Liquidation 6 See August 7, 2017 Memorandum re: Carbon and Alloy Steel Wire Rod from Belarus, Italy, the weighted-average dumping margins In accordance with section Republic of Korea, the Russian Federation, South established for exporters and producers 735(c)(1)(B) of the Act, for this final Africa, Spain, the Republic of Turkey, Ukraine, the individually investigated excluding determination, we will direct U.S. United Arab Emirates, and the United Kingdom: rates that are zero, de minimis margins Customs and Border Protection (CBP) to Scope Comments Decision Memorandum for the Preliminary Determinations (Preliminary Scope or determined entirely under section suspend liquidation of all entries of Memorandum). 776 of the Act. POSCO is the only wire rod from Korea, as described in 7 The petitioners are Gerdau Ameristeel US Inc., respondent for which Commerce Appendix I to this notice, which were Nucor Corporation, Keystone Consolidated calculated an estimated weighted- entered, or withdrawn from warehouse, Industries, Inc., and Charter Steel (collectively, the average dumping margin that is not for consumption on or after October 31, petitioners). See POSCO’s September 6, 2017 Letter re: Scope Issues Case Brief, British Steel’s zero, de minimis, or based entirely on 2017, the date of publication in the September 6, 2017 Letter re: Scope Case Brief, and Federal Register of the affirmative the petitioners’ September 13, 2017 Letter re: 9 For discussion of our verification findings, see Preliminary Determination. Rebuttal Brief in Response to the Scope Case Briefs January 12, 2018 Memorandums, ‘‘Verification of Furthermore, Commerce will instruct of British Steel and POSCO. the Cost Response of POSCO in the Antidumping 8 For discussion of these comments, see Duty Investigation of Carbon and Alloy Steel Wire CBP to require a cash deposit for such November 20, 2017 Memorandum re: Carbon and Rod from Korea,’’ ‘‘Verification of the Sales entries of merchandise. Pursuant to Alloy Steel Wire Rod from Belarus, Italy, the Response of POSCO in the Antidumping Duty section 735(c)(1)(B)(ii) of the Act, CBP Republic of Korea, the Russian Federation, South Investigation of Carbon and Alloy Steel Wire Rod shall require a cash deposit equal to the Africa, Spain, the Republic of Turkey, Ukraine, the from Korea’’ and ‘‘Verification of the CEP Sales United Arab Emirates, and the United Kingdom: Response of POSCO in the Antidumping Duty weighted-average amount by which Final Scope Memorandum (Final Scope Investigation of Carbon and Alloy Steel Wire Rod Memorandum). from Korea.’’ 10 See Preliminary Determination at 50387.

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normal value exceeds U.S. price, as is hereby requested. Failure to comply Comment 1: Whether To Apply AFA to follows: (1) For POSCO, the cash with the regulations and the terms of an POSCO Because its Weighted-Average deposit rate will be equal to the APO is a sanctionable violation. CONNUM-Specific Cost Database Is estimated weighted-average dumping Unreliable Notification to Interested Parties Comment 2: Whether To Apply AFA to margin which Commerce determined in POSCO Because It Failed To Report All this final determination; (2) if the This determination and this notice are of its U.S. Sales exporter is not a firm identified in this issued and published pursuant to Comment 3: Whether Commerce Should investigation but the producer is, then sections 735(d) and 777(i)(1) of the Act. Use Additional Product Characteristics the cash deposit rate will be equal to the Dated: March 19, 2018. for Model Match Comment 4: U.S. Credit Expense estimated weighted-average dumping Gary Taverman, margin established for the producer of (CREDITU) Deputy Assistant Secretary for Antidumping the subject merchandise; (3) the cash Comment 5: Whether POSCO Reported the and Countervailing Duty Operations, Appropriate Indirect Selling Expense deposit rate for all other producers or performing the non-exclusive functions and Incurred in the United States exporters will be 41.10 percent, as duties of the Assistant Secretary for (INDIRS1U) discussed in the ‘‘All-Others Rate’’ Enforcement and Compliance. Comment 6: Indirect Selling Expense section, above. Incurred in the Home Market The instructions suspending Appendix I (DINDIRS2U) liquidation will remain in effect until Scope of the Investigation Comment 7: Whether POSCO Failed To further notice. Report That its Sale to Company B Was The products covered by this investigation an Affiliated Sale U.S. International Trade Commission are certain hot-rolled products of carbon steel Comment 8: Negative Credit Expenses of Notification and alloy steel, in coils, of approximately Home Market Sales round cross section, less than 19.00 mm in Comment 9: SAS Syntax for Capping Home In accordance with section 735(d) of actual solid cross-sectional diameter. Market Freight Expenses the Act, we will notify the U.S. Specifically excluded are steel products Comment 10: Whether To Include Interest International Trade Commission (ITC) of possessing the above-noted physical From Late Payment Interest in the our final determination of sales at LTFV characteristics and meeting the Harmonized Interest Expense (INTEX) Calculation and final negative determination of Tariff Schedule of the United States (HTSUS) X. Recommendation definitions for (a) stainless steel; (b) tool critical circumstances for Korea. [FR Doc. 2018–06143 Filed 3–27–18; 8:45 am] steel; (c) high-nickel steel; (d) ball bearing Because Commerce’s final BILLING CODE 3510–DS–P determination in this proceeding is steel; or (e) concrete reinforcing bars and rods. Also excluded are free cutting steel affirmative, in accordance with section (also known as free machining steel) 735(b)(2) of the Act, the ITC will make products (i.e., products that contain by DEPARTMENT OF COMMERCE its final determination as to whether the weight one or more of the following domestic industry in the United States elements: 0.1 percent or more of lead, 0.05 International Trade Administration is materially injured, or threatened with percent or more of bismuth, 0.08 percent or [A–475–836] material injury, by reason of imports, or more of sulfur, more than 0.04 percent of sales (or the likelihood of sales) for phosphorous, more than 0.05 percent of Carbon and Alloy Steel Wire Rod From importation of wire rod from Korea no selenium, or more than 0.01 percent of Italy: Final Determination of Sales at later than 45 days after this final tellurium). All products meeting the physical Less Than Fair Value description of subject merchandise that are determination, in accordance with not specifically excluded are included in this AGENCY: Enforcement and Compliance, section 735(b)(2) of the Act. If the ITC scope. determines that such injury does not International Trade Administration, The products under investigation are Department of Commerce. exist, the proceeding will be terminated currently classifiable under subheadings SUMMARY: The Department of Commerce and all cash deposits posted will be 7213.91.3011, 7213.91.3015, 7213.91.3020, (Commerce) determines that carbon and refunded or cancelled. If the ITC 7213.91.3093, 7213.91.4500, 7213.91.6000, alloy wire rod (wire rod) from Italy is determines that such injury exists, 7213.99.0030, 7227.20.0030, 7227.20.0080, being, or is likely to be, sold in the Commerce will issue an antidumping 7227.90.6010, 7227.90.6020, 7227.90.6030, United States at less than fair value duty order directing CBP to assess, upon and 7227.90.6035 of the HTSUS. Products entered under subheadings 7213.99.0090 and (LTFV). The period of investigation further instruction by Commerce, 7227.90.6090 of the HTSUS also may be (POI) is January 1, 2016, through antidumping duties on all imports of the included in this scope if they meet the December 31, 2016. The final dumping subject merchandise entered, or physical description of subject merchandise margins of sales at LTFV are listed withdrawn from warehouse, for above. Although the HTSUS subheadings are below in the ‘‘Final Determination’’ consumption on or after the effective provided for convenience and customs section of this notice. date of the suspension of liquidation, as purposes, the written description of the DATES: discussed above in the ‘‘Continuation of scope of this proceeding is dispositive. Applicable March 28, 2018. Suspension of Liquidation’’ section. FOR FURTHER INFORMATION CONTACT: Appendix II Victoria Cho or Mark Flessner, AD/CVD Notification Regarding Administrative List of Topics Discussed in the Issues and Operations, Office VI, Enforcement and Protective Orders Decision Memorandum Compliance, International Trade This notice serves as a reminder to I. Summary Administration, U.S. Department of parties subject to an administrative II. Background Commerce, 1401 Constitution Avenue protective order (APO) of their III. Critical Circumstance NW, Washington, DC 20230; telephone: responsibility concerning the IV. Scope of the Investigation (202) 482–5075 and (202) 482–6312, disposition of proprietary information V. Scope Comments respectively. VI. Final Determination of No Sales For disclosed under APO in accordance STINKO SUPPLEMENTARY INFORMATION: with 19 CFR 351.305(a)(3). Timely VII. Final Determination of Affiliation and Background written notification of the return or Collapsing destruction of APO materials, or VIII. Changes to the Margin Calculation On October 31, 2017, Commerce conversion to judicial protective order, IX. Discussion of the Issues: published the Preliminary

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Determination of sales at LTFV of wire comments, Commerce made no changes original source documents provided by rod from Italy.1 On November 7, 2017, to the scope of this investigation as it Ferriere Nord.8 Commerce published the postponement appeared in the Initiation Notice.6 of the final determinations of LTFV Changes Since the Preliminary In September 2017, we received scope Determination investigations and extension of case and rebuttal briefs. On November 2 provisional measures. On December 21, 20, 2017, we issued the Final Scope Based on our analysis of the 2017, Commerce published the Decision Memorandum in response to comments received and our findings at Amended Preliminary Determination of these comments in which we did not 3 verification, we made certain changes to sales at LTFV of wire rod from Italy. change the scope of this investigation.7 Commerce has exercised its discretion the margin calculations for Ferriere to toll deadlines affected by the closure Analysis of Comments Received Nord. For a discussion of these changes, of the Federal Government from January see the ‘‘Margin Calculations’’ section of 20 through 22, 2018. If the new deadline All issues raised in the case and the Issues and Decision Memorandum. rebuttal briefs by parties in this falls on a non-business day, in Adverse Facts Available accordance with Commerce’s practice, investigation are addressed in the Issues and Decision Memorandum. A list of the deadline will become the next In the Preliminary Determination, the issues raised is attached to this business day. The revised deadline for because mandatory respondent Ferriera the final determination of this notice as Appendix II. The Issues and Decision Memorandum is a public Valsider S.p.A. (Ferriera Valsider) failed investigation is now March 19, 2018.4 A to respond to Commerce’s summary of the events that occurred document and is on file electronically via Enforcement and Compliance’s questionnaire, we applied adverse facts since Commerce published the available (AFA) to Ferriera Valsider, in Preliminary Determination, as well as a Antidumping and Countervailing Duty Centralized Electronic Service System accordance with sections 776(a) and (b) full discussion of the issues raised by of the Act and 19 CFR 351.308. We parties for this final determination, may (ACCESS). ACCESS is available to corroborated the petition dumping be found in the Issues and Decision registered users at https:// margin of 18.89 percent to the extent Memorandum, which is hereby adopted access.trade.gov, and it is available to by this notice.5 all parties in the Central Records Unit, practicable within the meaning of room B–8024 of the main Department of section 776(c) of the Act. This is the sole Scope of the Investigation Commerce building. In addition, a rate identified in the petition, and, thus, The scope of the investigation covers complete version of the Issues and we assigned this dumping margin to wire rod from Italy. For a complete Decision Memorandum can be accessed Ferriera Valsider as AFA. description of the scope of the directly at http://enforcement.trade.gov/ investigation, see Appendix I. frn/index.html. The signed and All-Others Rate electronic versions of the Issues and Scope Comments Section 735(c)(5)(A) of the Act Decision Memorandum are identical in provides that the estimated all-others During the course of this content. investigation, Commerce received rate shall be an amount equal to the numerous scope comments from Verification weighted average of the estimated weighted-average dumping margins interested parties. Prior to the As provided in section 782(i) of the Preliminary Determination, Commerce established for exporters and producers Tariff Act of 1930, as amended, (the Act) individually investigated excluding any issued a Preliminary Scope Decision in November and December 2017, we zero or de minimis margins, and Memorandum to address these conducted verification of the sales and margins determined entirely under comments. As a result of these cost information submitted by Ferriere Nord S.p.A. (Ferriere Nord) for use in section 776 of the Act. Ferriere Nord is 1 See Carbon and Alloy Steel Wire Rod from Italy: our final determination. We used the only respondent for which Preliminary Affirmative Determination of Sales at Commerce calculated a company- Less Than Fair Value, 82 FR 50381 (October 31, standard verification procedures, 2017) (Preliminary Determination). including an examination of relevant specific margin that is not zero, de 2 See Carbon and Alloy Steel Wire Rod from Italy, accounting and production records, and minimis, or based entirely on facts the Republic of Korea, Spain, Turkey, and the otherwise available. Therefore, for United Kingdom: Postponement of Final Determinations of Less-Than-Fair-Value 6 For discussion of these comments, see purposes of determining the ‘‘all-others’’ Investigation and Extension of Provisional Memorandum, ‘‘Carbon and Alloy Steel Wire Rod rate and pursuant to section 735(c)(5)(A) Measures, 82 FR 51613 (November 7, 2017). from Belarus, Italy, the Republic of Korea, the of the Act, we are using the dumping 3 See Carbon and Alloy Steel Wire Rod from Italy: Russian Federation, South Africa, Spain, the margin calculated for Ferriere Nord, as Amended Preliminary Determination of Sales at Republic of Turkey, Ukraine, the United Arab Less Than Fair Value, 82 FR 60586 (December 21, Emirates, and the United Kingdom: Scope referenced in the ‘‘Final Determination’’ 2017) (Amended Preliminary Determination). Comments Decision Memorandum for the section below. 4 See Memorandum for The Record from Preliminary Determination’’ (Preliminary Scope Christian Marsh, Deputy Assistant Secretary for Decision Memorandum), dated August 7, 2017; see Final Determination Enforcement and Compliance, performing the non- also Carbon and Alloy Steel Wire Rod from Belarus, exclusive functions and duties of the Assistant Italy, the Republic of Korea, the Russian Federation, The final weighted-average dumping Secretary for Enforcement and Compliance, South Africa, Spain, the Republic of Turkey, margins are as follows: ‘‘Deadlines Affected by the Shutdown of the Ukraine, United Arab Emirates, and United Federal Government’’ (Tolling Memorandum), Kingdom: Initiation of Less-Than-Fair-Value dated January 23, 2018. All deadlines in this Investigations, 82 FR 19207 (April 20, 2017) 8 For discussion of our verification findings, see segment of the proceeding have been extended by (Initiation Notice). the following memoranda: Memorandum, 3 days. 7 For discussion of these comments, see ‘‘Verification of the Cost Response of Ferriere Nord 5 See Memorandum, ‘‘Issues and Decision Memorandum, ‘‘Carbon and Alloy Steel Wire Rod in the Antidumping Duty Investigation of Carbon from Belarus, Italy, the Republic of Korea, the Memorandum for the Final Affirmative and Alloy Steel Wire Rod from Italy,’’ dated January Determination in the Less-Than-Fair-Value Russian Federation, South Africa, Spain, the 5, 2018; and Memorandum, ‘‘Verification of the Investigation of Carbon and Alloy Steel Wire Rod Republic of Turkey, Ukraine, the United Arab from Italy,’’ dated concurrently with, and hereby Emirates, and the United Kingdom: Final Scope Sales Responses of Ferriere Nord in the adopted by, this notice (Issues and Decision Memorandum’’ (Final Scope Decision Antidumping Investigation of Carbon and Alloy Memorandum). Memorandum), dated November 20, 2017. Wire Rod from Italy,’’ dated January 10, 2018.

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Weighted- Notification Regarding Administrative II. Background average Protective Orders (APO) III. Scope of the Investigation Exporter/manufacturer dumping IV. Scope Comments margins This notice serves as a reminder to V. Use of Adverse Facts Available (percent) parties subject to APO of their VI. Margin Calculations responsibility concerning the VII. Discussion of Issues: Ferriere Nord S.p.A./ disposition of proprietary information Comment 1: Revised General & Acciaierie di Verona Administrative Expenses 9 disclosed under APO in accordance S.p.A...... 12.41 with 19 CFR 351.305(a)(3). Timely Comment 2: Revised Selling Expenses Ferriera Valsider S.p.A ...... 18.89 Comment 3: Ferriere Nord’s Correction All Others ...... 12.41 notification of the return or destruction of APO materials, or conversion to Letter Comment 4: Correction of Errors Disclosure judicial protective order, is hereby Discovered at Verification requested. Failure to comply with the VIII. Recommendation We will disclose the calculations regulations and the terms of an APO is [FR Doc. 2018–06134 Filed 3–27–18; 8:45 am] performed within five days of the date a sanctionable violation. of publication of this notice to parties in This determination and this notice are BILLING CODE 3510–DS–P this proceeding in accordance with 19 issued and published pursuant to CFR 351.224(b). sections 735(d) and 777(i)(1) of the Act. DEPARTMENT OF COMMERCE Continuation of Suspension of Dated: March 19, 2018. Liquidation Gary Taverman, International Trade Administration In accordance with section Deputy Assistant Secretary for Antidumping 735(c)(1)(B) of the Act, Commerce will and Countervailing Duty Operations, [A–421–813] instruct U.S. Customs and Border performing the non-exclusive functions and Certain Hot-Rolled Steel Flat Products Protection (CBP) to continue to suspend duties of the Assistant Secretary for Enforcement and Compliance. From the Netherlands: Rescission of liquidation of all appropriate entries of Antidumping Duty Administrative wire rod from Italy, which were entered, Appendix I Review; 2016–2017 or withdrawn from warehouse, for Scope of the Investigation consumption on or after October 31, The products covered by this investigation AGENCY: Enforcement and Compliance, 2017, the date of publication of the are certain hot-rolled products of carbon steel International Trade Administration, preliminary determination of this and alloy steel, in coils, of approximately Department of Commerce. investigation in the Federal Register. round cross section, less than 19.00 mm in SUMMARY: The Department of Commerce Further, Commerce will instruct CBP actual solid cross-sectional diameter. (Commerce) is rescinding the to require a cash deposit equal to the Specifically excluded are steel products administrative review of the estimated amount by which the normal possessing the above-noted physical characteristics and meeting the Harmonized antidumping duty order on certain hot- value exceeds the U.S. price as shown rolled steel flat products from the above. Tariff Schedule of the United States (HTSUS) definitions for (a) stainless steel; (b) tool Netherlands for the period March 22, International Trade Commission (ITC) steel; (c) high-nickel steel; (d) ball bearing 2016, through September 30, 2017. Notification steel; or (e) concrete reinforcing bars and DATES: Applicable March 28, 2018. rods. Also excluded are free cutting steel In accordance with section 735(d) of (also known as free machining steel) FOR FURTHER INFORMATION CONTACT: the Act, we will notify the ITC of the products (i.e., products that contain by Hermes Pinilla, AD/CVD Operations, final affirmative determination of sales weight one or more of the following Office I, Enforcement and Compliance, at LTFV. Because the final elements: 0.1 percent of more of lead, 0.05 International Trade Administration, determination in this proceeding is percent or more of bismuth, 0.08 percent or U.S. Department of Commerce, 1401 affirmative, in accordance with section more of sulfur, more than 0.04 percent of Constitution Avenue NW, Washington, 735(b)(2) of the Act, the ITC will make phosphorous, more than 0.05 percent of DC 20230; telephone: (202) 482–3477. its final determination as to whether the selenium, or more than 0.01 percent of tellurium). All products meeting the physical SUPPLEMENTARY INFORMATION: domestic industry in the United States description of subject merchandise that are Background is materially injured, or threatened with not specifically excluded are included in this material injury, by reason of imports of scope. On October 4, 2017, Commerce wire rod from Italy no later than 45 days The products under investigation are published a notice of opportunity to after our final determination. If the ITC currently classifiable under subheadings request an administrative review of the determines that material injury or threat 7213.91.3011, 7213.91.3015, 7213.91.3020, antidumping duty order on certain hot- of material injury does not exist, the 7213.91.3093, 7213.91.4500, 7213.91.6000, rolled steel flat products (HR Steel) from proceeding will be terminated and all 7213.99.0030, 7227.20.0030, 7227.20.0080, 7227.90.6010, 7227.90.6020, 7227.90.6030, the Netherlands for the period of review cash deposits will be refunded. If the and 7227.90.6035 of the HTSUS. Products (POR) March 22, 2016, through ITC determines that such injury does entered under subheadings 7213.99.0090 and September 30, 2017.1 On October 31, exist, Commerce will issue an 7227.90.6090 of the HTSUS may also be 2017, the petitioners, AK Steel antidumping duty order directing CBP included in this scope if they meet the Corporation, Steel Dynamics Inc., SSAB to assess, upon further instruction by physical description of subject merchandise Enterprises, LLC, ArcelorMittal USA Commerce, antidumping duties on all above. Although the HTSUS subheadings are LLC, Nucor Corporation, and United imports of the subject merchandise provided for convenience and customs States Steel Corporation, requested an entered, or withdrawn from warehouse, purposes, the written description of the administrative review of the order with scope of these proceedings is dispositive. for consumption on or after the effective respect to Tata Steel IJmuiden B.V. date of the suspension of liquidation. Appendix II 1 See Antidumping or Countervailing Duty Order, 9 List of Topics Discussed in the Issues and We continue to treat Ferriere Nord and Decision Memorandum Finding, or Suspended Investigation; Opportunity Acciaierie di Verona S.p.A. as a single entity for the to Request Administrative Review, 82 FR 46217 final determination. I. Summary (October 4, 2017).

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(TSIJ).2 On December 7, 2017, in Notification to Importers investigation (POI) is January 1, 2016 accordance with section 751(a) of the This notice serves as a final reminder through December 31, 2016. Tariff Act of 1930, as amended (the Act) to importers of their responsibility DATES: Applicable March 28, 2018. and 19 CFR 351.221(c)(1)(i), we initiated under 19 CFR 351.402(f)(2) to file a FOR FURTHER INFORMATION CONTACT: an administrative review of the order on certificate regarding the reimbursement Davina Friedmann or Chelsey HR Steel from the Netherlands with of antidumping duties prior to Simonovich, AD/CVD Operations, respect to TSIJ.3 Commerce exercised its liquidation of the relevant entries Office VI, Enforcement and Compliance, discretion to toll all deadlines affected during this review period. Failure to International Trade Administration, by the closure of the Federal comply with this requirement could U.S. Department of Commerce, 1401 Government from January 20 through result in Commerce’s presumption that Constitution Avenue NW, Washington, 22, 2018. If the new deadline falls on a reimbursement of antidumping duties DC 20230; telephone: (202) 482–0698 non-business day, in accordance with occurred and the subsequent assessment and (202) 482–1979, respectively. Commerce’s practice, the deadline will of doubled antidumping duties. SUPPLEMENTARY INFORMATION: become the next business day.4 On Background March 12, 2018, the petitioners timely Notification Regarding Administrative Protective Order withdrew their request for an On October 31, 2017, Commerce administrative review of TSIJ.5 No other This notice also serves as a reminder published the Preliminary party requested a review. to parties subject to administrative Determination of sales at LTFV of wire protective order (APO) of their rod from Spain.1 On November 7, 2017, Rescission of Review responsibility concerning the Commerce published the postponement of the final determinations of LTFV Pursuant to 19 CFR 351.213(d)(1), disposition of proprietary information disclosed under APO in accordance investigation and extension of Commerce will rescind an provisional measures.2 On December 7, administrative review ‘‘in whole or in with 19 CFR 351.305(a)(3). Timely written notification of the return or 2017, Commerce published the part, if a party that requested a review Amended Preliminary Determination of withdraws the request within 90 days of destruction of APO materials or conversion to judicial protective order is sales at LTFV of wire rod from Spain.3 the date of publication of notice of hereby requested. Failure to comply Commerce has exercised its discretion initiation of the requested review.’’ The with the regulations and the terms of an to toll deadlines affected by the closure petitioners withdrew their request for APO is a sanctionable violation. of the Federal Government from January review within the 90-day time limit. This notice is issued and published in 20 through 22, 2018. If the new deadline Because we received no other requests accordance with sections 751(a)(1) and falls on a non-business day, in for review of TSIJ, and no other requests 777(i)(1) of the Act and 19 CFR accordance with Commerce’s practice, for the review of the order on HR Steel 351.213(d)(4). the deadline will become the next from the Netherlands, we are rescinding business day. The revised deadline for the administrative review of the order in Dated: March 22, 2018. the final determination of this full, in accordance with 19 CFR James Maeder, investigation is now March 19, 2018.4 A 351.213(d)(1). Associate Deputy Assistant Secretary for summary of the events that occurred Antidumping and Countervailing Duty Assessment since Commerce published the Operations, performing the duties of Deputy Preliminary Determination, as well as a Assistant Secretary for Antidumping and Commerce will instruct U.S. Customs Countervailing Duty Operations. full discussion of the issues raised by parties for this final determination, may and Border Protection (CBP) to assess [FR Doc. 2018–06207 Filed 3–27–18; 8:45 am] antidumping duties on all appropriate BILLING CODE 3510–DS–P entries of HR Steel products from the 1 See Carbon and Alloy Steel Wire Rod from Spain: Preliminary Affirmative Determination of Netherlands during the POR at rates Sales at Less Than Fair Value and Preliminary equal to the cash deposit rate of DEPARTMENT OF COMMERCE Determination of Critical Circumstances, in Part, 82 estimated antidumping duties required FR 50389 (October 31, 2017) (Preliminary at the time of entry, or withdrawal from International Trade Administration Determination), and accompanying memorandum, ‘‘Decision Memorandum for the Preliminary warehouse, for consumption, in Determination in the Antidumping Duty accordance with 19 CFR [A–469–816] Investigation of Carbon and Alloy Steel Wire Rod 351.212(c)(1)(i). Commerce intends to from Spain,’’ dated October 24, 2017 (Preliminary issue appropriate assessment Carbon and Alloy Steel Wire Rod From Decision Memorandum). Spain: Final Determination of Sales at 2 See Carbon and Alloy Steel Wire Rod from Italy, instructions to CBP 15 days after the Republic of Korea, Spain, Turkey, and the publication of this notice in the Federal Less Than Fair Value, and Final United Kingdom: Postponement of Final Register. Determination of Critical Determinations of Less-Than-Fair-Value Circumstances, in Part Investigation and Extension of Provisional Measures, 82 FR 51613 (November 7, 2017). 2 See the petitioners’ Letter, ‘‘Re: Hot-Rolled Steel AGENCY: Enforcement and Compliance, 3 See Carbon and Alloy Steel Wire Rod from Flat Products from the Netherlands: Request for International Trade Administration, Spain: Amended Preliminary Determination of Administrative Review,’’ dated October 31, 2017. Sales at Less Than Fair Value, 82 FR 57726 3 See Initiation of Antidumping and Department of Commerce. (December 7, 2017) (Amended Preliminary Countervailing Duty Administrative Reviews, 82 FR SUMMARY: The Department of Commerce Determination). 57705 (December 7, 2017) (Initiation Notice). (Commerce) determines that carbon and 4 See Memorandum for The Record from 4 See Memorandum, ‘‘Deadlines Affected by the Christian Marsh, Deputy Assistant Secretary for Shutdown of the Federal Government,’’ (Tolling alloy steel wire rod (wire rod) from Enforcement and Compliance, performing the non- Memorandum), dated January 23, 2018. All Spain is being, or is likely to be, sold in exclusive functions and duties of the Assistant deadlines in this segment of the proceeding have the United States at less than fair value Secretary for Enforcement and Compliance, been extended by 3 days. (LTFV). In addition, we determine that ‘‘Deadlines Affected by the Shutdown of the 5 See the petitioners’ Letter, ‘‘Re Hot-Rolled Steel Federal Government’’ (Tolling Memorandum), Flat Products from the Netherlands/Withdrawal of critical circumstances exist with respect dated January 23, 2018. All deadlines in this Request for Administrative Review,’’ dated March to certain imports of the subject segment of the proceeding have been extended by 12, 2018. merchandise. The period of 3 days.

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be found in the Issues and Decision access.trade.gov, and it is available to weighted average of the estimated Memorandum, which is hereby adopted all parties in the Central Records Unit, weighted-average dumping margins by this notice.5 room B–8024 of the main Department of established for exporters and producers Commerce building. In addition, a individually investigated, excluding any Scope of the Investigation complete version of the Issues and zero or de minimis margins and margins The product covered by this Decision Memorandum can be accessed determined entirely under section 776 investigation is wire rod from Spain. For directly at http://enforcement.trade.gov/ of the Act. CELSA is the only a complete description of the scope of frn/index.html. The signed and respondent for which Commerce this investigation, see Appendix I. electronic versions of the Issues and calculated a company-specific margin Scope Comments Decision Memorandum are identical in that is not zero, de minimis, or based content. entirely on facts otherwise available. During the course of this Therefore, for purposes of determining investigation, Commerce received Verification the ‘‘all-others’’ rate and pursuant to numerous scope comments from As provided in section 782(i) of the section 735(c)(5)(A) of the Act, we are interested parties. Prior to the Tariff Act of 1930, as amended (the Act), using the dumping margin calculated Preliminary Determination, Commerce in November and December 2017, we for CELSA, as referenced in the ‘‘Final issued a Preliminary Scope Decision conducted verification of the sales and Determination’’ section below. Memorandum to address these cost information submitted by Global comments. As a result of these Steel Wire S.A. (GSW), CELSA Atlantic Final Determination comments, Commerce made no changes S.A., and Companı´a Espan˜ ola de The final weighted-average dumping to the scope of this investigation as it ´ margins are as follows: 6 Laminacion (collectively, CELSA) for appeared in the Initiation Notice. use in our final determination. We used In September 2017, we received scope standard verification procedures, Weighted- case and rebuttal briefs. On November including an examination of relevant average 20, 2017, we issued the Final Scope Exporter/manufacturer dumping accounting and production records, and Decision Memorandum in response to margins original source documents provided by (percent) the comments received.7 We did not CELSA.8 change the scope of this investigation. Global Steel Wire S.A./ Analysis of Comments Received Changes Since the Preliminary CELSA Atlantic S.A./ Determination Companõ«a Espan˜ola de All issues raised in the case and Laminacio«n 9 ...... 11.08 rebuttal briefs by parties in this Based on our analysis of the ArcelorMittal Espana S.A ..... 32.64 investigation are addressed in the Issues comments received and our findings at All-Others ...... 11.08 and Decision Memorandum. A list of verification, we made certain changes to the issues raised is attached to this the margin calculations for CELSA. For Affirmative Determination of Critical notice as Appendix II. The Issues and a discussion of these changes, see the Circumstances Decision Memorandum is a public ‘‘Margin Calculations’’ section of the Issues and Decision Memorandum. In accordance with section 735(a)(3) document and is on file electronically of the Act and 19 CFR 351.206, via Enforcement and Compliance’s Adverse Facts Available Commerce continues to find that critical Antidumping and Countervailing Duty In the Preliminary Determination, circumstances do not exist for CELSA Centralized Electronic Service System because mandatory respondent and all-other companies, but do exist for (ACCESS). ACCESS is available to ArcelorMittal Espana S.A. (AME) failed AME, for the reasons described in the registered users at https:// to respond to Commerce’s Issues and Decision Memorandum. For questionnaire, we applied adverse facts a full description of the methodology 5 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative available (AFA) to AME in accordance and results of Commerce’s critical Determination in the Less-Than-Fair-Value with sections 776(a) and (b) of the Act circumstances analysis, see the ‘‘Critical Investigation of Carbon and Alloy Steel Wire Rod and 19 CFR 351.308. We corroborated Circumstances’’ section of the Issues from Spain,’’ dated concurrently with, and hereby the petition dumping margin of 32.64 and Decision Memorandum. adopted by, this notice (Issues and Decision Memorandum). percent to the extent practicable within Disclosure 6 For discussion of these comments, see the meaning of section 776(c) of the Act. Memorandum, ‘‘Carbon and Alloy Steel Wire Rod This is the sole rate identified in the We will disclose the calculations from Belarus, Italy, the Republic of Korea, the petition, and, thus, we assigned this performed within five days of the date Russian Federation, South Africa, Spain, the dumping margin to AME as AFA. of publication of this notice to parties in Republic of Turkey, Ukraine, the United Arab this proceeding in accordance with 19 Emirates, and the United Kingdom: Scope All-Others Rate Comments Decision Memorandum for the CFR 351.224(b). Preliminary Determination’’ (Preliminary Scope Section 735(c)(5)(A) of the Act Continuation of Suspension of Decision Memorandum), dated August 7, 2017; see provides that the estimated all-others also Carbon and Alloy Steel Wire Rod from Belarus, Liquidation rate shall be an amount equal to the Italy, the Republic of Korea, the Russian Federation, In accordance with section South Africa, Spain, the Republic of Turkey, Ukraine, United Arab Emirates, and United 8 For discussion of our verification findings, see 735(c)(1)(B) of the Act, Commerce will Kingdom: Initiation of Less-Than-Fair-Value the following memoranda: Memorandum, Investigations, 82 FR 19207 (April 20, 2017) ‘‘Verification of the Cost Response of Global Steel 9 No interested party commented on our (Initiation Notice). Wire S.A., CELSA Atlantic S.A., and Compania preliminary determination that Global Steel Wire 7 For discussion of these comments, see Espanola de Laminacion in the Less-Than-Fair- S.A., CELSA Atlantic S.A., and Companı´a Espan˜ ola Memorandum, ‘‘Carbon and Alloy Steel Wire Rod Value Investigation of Carbon and Alloy Steel Wire de Laminacio´n are affiliated within the meaning of from Belarus, Italy, the Republic of Korea, the Rod from Spain,’’ dated January 8, 2018; and section 771(33)(F) of the Act, and that these Russian Federation, South Africa, Spain, the Memorandum, ‘‘Verification of the Sales Response companies should be treated as a single entity Republic of Turkey, Ukraine, the United Arab of Global Steel Wire S.A., CELSA Atlantic S.A., and pursuant to 19 CFR 351.401(f). See Preliminary Emirates, and the United Kingdom: Final Scope Compania Espanola de Laminacion in the Determination, 82 FR 50389. Accordingly, we are Memorandum’’ (Final Scope Decision Antidumping Investigation of Carbon Alloy Steel continuing to find these companies affiliated and to Memorandum), dated November 20, 2017. Wire Rod from Spain,’’ dated January 18, 2018. treat them as a single entity for these final results.

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instruct U.S. Customs and Border judicial protective order, is hereby Comment 1: Date of Sale and Use of Protection (CBP) to continue to suspend requested. Failure to comply with the Constructed Export Price liquidation of all appropriate entries of regulations and the terms of an APO is Comment 2: Inclusion of Certain wire rod from Spain, which were a sanctionable violation. Extraordinary Expenses in GSW’s Net General and Administrative Expenses entered, or withdrawn from warehouse, Notification to Interested Parties Comment 3: Correction of Certain Data for consumption on or after October 31, Errors 2017, the date of publication of the This determination and this notice are Comment 4: Inclusion of Income preliminary determination of this issued and published pursuant to Attributable to Certain Scrap Sales in investigation in the Federal Register. sections 735(d) and 777(i)(1) of the Act GSW’s Net General and Administrative For entries made by AME, in accordance and 19 CFR 351.210(c). Expenses Comment 5: Adjustment of GSW’s with section 735(c)(4)(A) of the Act, Dated: March 19, 2018. Reported Costs To Reflect the Yield Loss because we continue to find that critical Gary Taverman, circumstances exist, we will instruct Attributable to the Cutting Stage of the Deputy Assistant Secretary for Antidumping Production Process CBP to continue to suspend liquidation and Countervailing Duty Operations, Comment 6: Whether GSW Understated its of all appropriate entries of wire rod performing the non-exclusive functions and Per-Unit Costs by Reporting Sales from Spain which were entered, or duties of the Assistant Secretary for Quantities withdrawn from warehouse, for Enforcement and Compliance. Comment 7: Whether GSW Improperly consumption on or after August 2, 2017, Calculated Direct Materials Cost on a Appendix I which is 90 days prior to the date of Product-Group Basis Comment 8: Inclusion of Certain Items in publication of the preliminary Scope of the Investigation determination of this investigation in the Calculation of the CELSA the Federal Register. The products covered by this investigation Companies’ General and Administrative Further, Commerce will instruct CBP are certain hot-rolled products of carbon steel Expense Rates and alloy steel, in coils, of approximately Comment 9: AFA to require a cash deposit equal to the round cross section, less than 19.00 mm in IX. Recommendation estimated weighted-average dumping actual solid cross-sectional diameter. [FR Doc. 2018–06147 Filed 3–27–18; 8:45 am] margins as shown above. Specifically excluded are steel products possessing the above-noted physical BILLING CODE 3510–DS–P International Trade Commission (ITC) characteristics and meeting the Harmonized Notification Tariff Schedule of the United States (HTSUS) In accordance with section 735(d) of definitions for (a) stainless steel; (b) tool DEPARTMENT OF COMMERCE the Act, we will notify the ITC of the steel; (c) high-nickel steel; (d) ball bearing final affirmative determination of sales steel; or (e) concrete reinforcing bars and International Trade Administration rods. Also excluded are free cutting steel at LTFV. Because the final [A–570–836] (also known as free machining steel) determination in this proceeding is products (i.e., products that contain by affirmative, in accordance with section weight one or more of the following Glycine From the People’s Republic of 735(b)(2) of the Act, the ITC will make elements: 0.1 percent of more of lead, 0.05 China: Notice of Court Decision Not in its final determination as to whether the percent or more of bismuth, 0.08 percent or Harmony With Final Results of the domestic industry in the United States more of sulfur, more than 0.04 percent of Antidumping Duty Administrative is materially injured, or threatened with phosphorous, more than 0.05 percent of Review and Notice of Amended Final material injury, by reason of imports of selenium, or more than 0.01 percent of Results; 2013–2014 wire rod from Spain sold in the United tellurium). All products meeting the physical description of subject merchandise that are AGENCY: Enforcement and Compliance, States at LTFV no later than 45 days not specifically excluded are included in this International Trade Administration, after our final determination. If the ITC scope. Department of Commerce. determines that material injury or threat The products under investigation are SUMMARY: The Court of International of material injury does not exist, the currently classifiable under subheadings Trade (CIT or Court) sustained the final proceeding will be terminated and all 7213.91.3011, 7213.91.3015, 7213.91.3020, cash deposits will be refunded. If the 7213.91.3093, 7213.91.4500, 7213.91.6000, remand results pertaining to the ITC determines that such injury does 7213.99.0030, 7227.20.0030, 7227.20.0080, administrative review of the exist, Commerce will issue an 7227.90.6010, 7227.90.6020, 7227.90.6030, antidumping duty order on glycine from and 7227.90.6035 of the HTSUS. Products the People’s Republic of China (China), antidumping duty order directing CBP entered under subheadings 7213.99.0090 and to assess, upon further instruction by covering the period of March 1, 2013, 7227.90.6090 of the HTSUS may also be through February 28, 2014. The Commerce, antidumping duties on all included in this scope if they meet the imports of the subject merchandise Department of Commerce (Commerce) is physical description of subject merchandise notifying the public that the final entered, or withdrawn from warehouse, above. Although the HTSUS subheadings are for consumption on or after the effective provided for convenience and customs judgment in this case is not in harmony date of the suspension of liquidation, as purposes, the written description of the with Commerce’s final results of the discussed above in the ‘‘Continuation of scope of these proceedings is dispositive. administrative review and that Suspension of Liquidation’’ section. Commerce is amending the final results Appendix II with respect to the dumping margin Notification Regarding Administrative assigned to Baoding Mantong Fine Protective Orders (APO) List of Topics Discussed in the Issues and Chemistry Co. Ltd. (Baoding Mantong). Decision Memorandum This notice serves as a reminder to DATES: Applicable [March 22, 2018]. parties subject to APO of their I. Summary FOR FURTHER INFORMATION CONTACT: responsibility concerning the II. Background Edythe Artman or Brian Davis, AD/CVD III. Use of Adverse Facts Available disposition of proprietary information IV. Critical Circumstances Operations, Office VI, Enforcement and disclosed under APO in accordance V. Scope of the Investigation Compliance, International Trade with 19 CFR 351.305(a)(3). Timely VI. Scope Comments Administration, U.S. Department of notification of the return or destruction VII. Margin Calculations Commerce, 1401 Constitution Avenue of APO materials, or conversion to VIII. Discussion of the Issues: NW, Washington, DC 20230; telephone:

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(202) 482–3931 or (202) 482–7924, Results. This notice is published in DEPARTMENT OF COMMERCE respectively. fulfillment of the Timken publication International Trade Administration SUPPLEMENTARY INFORMATION: requirements. Accordingly, Commerce will continue the suspension of Background liquidation of the subject merchandise [A–570–055] On October 15, 2015, Commerce pending a final and conclusive court published the Final Results,1 in which decision. Carton-Closing Staples From the it determined Baoding Mantong to have People’s Republic of China: Final a weight-averaged dumping margin of Amended Final Results of Review Affirmative Determination of Sales at Less Than Fair Value 143.87 percent for the period under Because there is now a final court review. On August 1, 2017, the Court decision, Commerce is amending the AGENCY: Enforcement and Compliance, sustained three of Commerce’s Final Results with respect to the International Trade Administration, determinations in the Final Results but, dumping margin calculated for Baoding Department of Commerce. with respect to findings for Baoding Mantong, remanded the results to Mantong. Based on the Final Results of SUMMARY: The Department of Commerce Commerce for reconsideration of the Redetermination, as sustained by the (Commerce) determines that carton- surrogate value selection for liquid CIT, the revised dumping margin for closing staples from the People’s ammonia and the selection of Baoding Mantong, for the period March Republic of China (China) are being, or companies used for the respondent’s 1, 2013, through February 28, 2014, is are likely to be, sold in the United States surrogate financial ratios.2 In the Final as follows: at less than fair value (LTFV). The final Results of Redetermination, Commerce dumping margin of sales at LTFV is selected a new surrogate value for liquid Weighted- shown in the ‘‘Final Determination’’ average section of this notice. ammonia and changed its selection of Producer or exporter dumping surrogate financial ratios; these two margin DATES: Applicable March 28, 2018. (percent) changes resulted in a dumping margin FOR FURTHER INFORMATION CONTACT: of zero percent.3 On March 12, 2018, the Baoding Mantong Fine Irene Gorelik, AD/CVD Operations, Court sustained the Final Results of Office VIII, Enforcement and 4 Chemistry Co. Ltd ...... 0.00 Redetermination. Compliance, International Trade Administration, U.S. Department of Timken Notice In the event the Court’s ruling is not Commerce, 1401 Constitution Avenue In its decision in Timken,5 as clarified appealed or, if appealed, upheld by a by Diamond Sawblades,6 the Court of NW, Washington, DC 20230; telephone: final and conclusive court decision, (202) 482–6905. Appeals for the Federal Circuit held Commerce will instruct the U.S. SUPPLEMENTARY INFORMATION: that, pursuant to section 516A(e) of the Customs and Border Protection (CBP) to Tariff Act of 1930, as amended (the Act), assess antidumping duties on Background Commerce must publish a notice of a unliquidated entries of subject On November 3, 2017, Commerce court decision that is not ‘‘in harmony’’ merchandise with respect to Baoding published in the Federal Register its with a Commerce determination and Mantong. must suspend liquidation of entries preliminary affirmative determination pending a ‘‘conclusive’’ court decision. Cash Deposit Requirements in the LTFV investigation of carton- The CIT’s March 12, 2018, final closing staples from China.1 For a judgment sustaining the Final Results of As Baoding Mantong’s cash deposit complete description of the events that Redetermination constitutes a final rate has not been subject to subsequent followed the Preliminary Determination, decision of the Court that is not in administrative reviews, Commerce will see the Issues and Decision harmony with Commerce’s Final issue revised cash deposit instructions Memorandum that is dated concurrently to CBP adjusting the rate for Baoding with this determination and hereby 1 See Glycine from the People’s Republic of Mantong to zero percent, effective adopted by this notice.2 Commerce China: Final Results of Antidumping Duty March 22, 2018. exercised its discretion to toll deadlines Administrative Review and Partial Rescission of affected by the closure of the Federal Antidumping Duty Administrative Review; 2013– Notification to Interested Parties 2014, 80 FR 62027 (October 15, 2015) (Final Government from January 20 through Results) and accompanying Issues and Decision This notice is issued and published in 22, 2018. If the new deadline falls on a Memorandum (Issues and Decision Memorandum). non-business day, in accordance with accordance with sections 516A(e)(1), 2 See Evonik Rexim (Nanning) Pharmaceutical Commerce’s practice, the deadline will Co. Ltd. v. United States, 253 F. Supp. 3d 1364 751(a)(1), and 777(i)(1) of the Act. (2017). The Court consolidated actions filed by become the next business day. The Evonik Rexim (Nanning) Pharmaceutical Co. Ltd. Dated: March 22, 2018. revised deadline for the final (Evonik) and Baoding Mantong on January 21, 2016, Gary Taverman, but later granted a motion to sever and stay one of 1 See Carton-Closing Staples from the People’s Evonik’s claims pending the final disposition of a Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, Republic of China: Preliminary Affirmative similar claim in another segment of this Determination of Sales at Less Than Fair Value, antidumping duty proceeding. performing the non-exclusive functions and Postponement of Final Determination and 3 See ‘‘Final Results of Redetermination Pursuant duties of the Assistant Secretary for Extension of Provisional Measures, 82 FR 51213 to Court Remand,’’ dated October 20, 2017 (Final Enforcement and Compliance. (November 3, 2017) (Preliminary Determination) Results of Redetermination). [FR Doc. 2018–06149 Filed 3–27–18; 8:45 am] and accompanying Preliminary Decision 4 See Evonik Rexim (Nanning) Pharmaceutical Memorandum. Co. Ltd. v. United States, Court No. 15–00296, Slip BILLING CODE 3510–DS–P 2 See Memorandum, ‘‘Issues and Decision Op. 18–21 (CIT March 12, 2018). Memorandum for the Final Affirmative 5 See Timken Co. v. United States, 893 F.2d 337 Determination in the Less-Than-Fair-Value (Fed. Cir. 1990) (Timken). Investigation of Carton-Closing Staples from the 6 See Diamond Sawblades Mfrs. Coalition v. People’s Republic of China,’’ dated concurrently United States, 626 F.3d 1374 (Fed. Cir. 2010) with, and hereby adopted by, this notice (Issues and (Diamond Sawblades). Decision Memorandum).

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determination of this investigation is notice, which is hereby adopted by this entity a dumping margin on the basis of now March 21, 2018.3 notice. A list of the issues addressed in AFA. A summary of the events that the Issues and Decision Memorandum is In selecting the AFA rate for Yueda occurred since Commerce published the attached to this notice at Appendix II. Group and the China-wide entity, Preliminary Determination, as well as a For the final determination, full discussion of the issues raised by Commerce’s practice is to select a rate Commerce continues to rely upon facts parties for this final determination, may that is sufficiently adverse to ensure that be found in the Issues and Decision otherwise available, with adverse the uncooperative party does not obtain Memorandum. The Issues and Decision inferences based on adverse facts a more favorable result by failing to Memorandum is a public document and available (AFA), for the China-wide cooperate than if it had fully is on file electronically via Enforcement entity, including Zhejiang Best Nail cooperated.7 Specifically, it is and Compliance’s Antidumping and Industrial Co., Ltd. (Best Nail), pursuant Commerce’s practice to select, as an Countervailing Duty Centralized to sections 776(a)–(b) of the Tariff Act AFA rate, the higher of: (a) The highest Electronic Service System (ACCESS). of 1930, as amended (the Act). dumping margin alleged in the petition; ACCESS is available to registered users Furthermore, as discussed in the Issues or (b) the highest calculated dumping at http://access.trade.gov, and is and Decision Memorandum, Commerce margin of any respondent in the available to all parties in the Central continues to find, pursuant to sections investigation.8 As there are no Records Unit, Room B8024 of the main 771(33)(A) and (F) of the Act, that the respondents for which we are Department of Commerce building. In mandatory respondent, Shanghai Yueda calculating a separate dumping margin addition, a complete version of the Nails Co., Ltd., is affiliated with for the final determination, we relied Issues and Decision Memorandum can Qiushan Printing Machinery Co., Ltd., upon the rates found in the Petition, be accessed directly at http:// Fastnail Products Limited, and Wuhan which is the only information regarding enforcement.trade.gov/frn/. The signed FOPO Trading Co., Ltd., and that these the carton-closing staples industry Issues and Decision Memorandum and companies should be treated as a single reasonably at Commerce’s disposal to the electronic version are identical in entity pursuant 19 CFR 351.401(f), determine a rate that is sufficiently content. hereinafter referred to as Yueda Group. adverse to induce cooperation.9 Thus, as However, for the final determination, Period of Investigation AFA, Commerce assigned to Yueda we find that another company, China Group and the China-wide entity the The period of investigation (POI) is Dinghao Co., Limited (Dinghao), is rate of 263.40 percent, which is the July 1, 2016, through December 31, affiliated within the meaning of section 2016. 771(33)(G) of the Act, and should, in highest dumping margin alleged in the Petition.10 For the final determination, Scope of the Investigation 4 accordance with 19 CFR because there were no margins The products covered by this 351.401(f)(2)(iii), also be treated as part of this single entity, pursuant to our calculated for the mandatory investigation are carton-closing staples respondents, to corroborate the 263.40 from China. For a full description of the verification of the Yueda Group. Based on Commerce’s verification of the percent margin used as AFA for Yueda scope of this investigation, see the Group and the China-wide entity, to the ‘‘Scope of the Investigation,’’ in Yueda Group, we continue to find it extent appropriate information was Appendix I of this notice. The scope in entitled to a separate rate, but determine available, we are affirming our pre- Appendix I reflects the final scope it appropriate to base Yueda Group’s language. estimated dumping margin on AFA, initiation analysis of the adequacy and pursuant to sections 776(a)–(b) of the accuracy of the information in the Analysis of Comments Received Act.5 All issues raised in the case and 7 See Statement of Administrative Action rebuttal briefs that were submitted by China-Wide Entity accompanying the Uruguay Round Agreements Act, H.R. Rep. No. 103–316 at 870 (1994) (H.R. Rep 103– parties in this investigation are For the final determination, we 316), reprinted in 1994 U.S.C.A.A.N. addressed in the Issues and Decision continue to find, in accordance with 8 See Silicon Metal from Australia: Affirmative Memorandum accompanying this section 776(a) of the Act, that the China- Final Determination of Sales at Less Than Fair wide entity, which includes certain Value and Final Affirmative Determination of 3 Critical Circumstances in Part, 83 FR 9839 (March See Memorandum for The Record from Chinese exporters and/or producers 6 Christian Marsh, Deputy Assistant Secretary for 8, 2018) and accompanying Issues and Decision Enforcement and Compliance, performing the non- that did not respond to Commerce’s Memorandum at Comment 1. exclusive functions and duties of the Assistant requests for information, failed to 9 See, e.g., Certain Hardwood Plywood Products Secretary for Enforcement and Compliance, provide necessary information, failed to from the People’s Republic of China: Preliminary ‘‘Deadlines Affected by the Shutdown of the Affirmative Determination of Sales at Less Than Federal Government’’ (Tolling Memorandum), provide information in a timely manner, Fair Value, Preliminary Affirmative Determination dated January 23, 2018. All deadlines in this and significantly impeded this of Critical Circumstances, in Part, 82 FR 28629 segment of the proceeding have been extended by proceeding by not submitting the (June 23, 2017) and accompanying Preliminary 3 days. requested information. We also continue Decision Memorandum at pages 31–32 (revised in 4 Certain Hardwood Plywood Products from the Commerce has made no changes to the scope of to find, in accordance with section the investigation as published in the Preliminary People’s Republic of China: Final Determination of Determination. Further, no interested party 776(b) of the Act, that the China-wide Sales at Less Than Fair Value, and Final commented on our preliminary scope entity failed to cooperate. As a result, Affirmative Determination of Critical determination that the mattress boxspring staples we continue to assign to the China-wide Circumstances, in Part, 82 FR 53460 (November 16, imported by Vertex Fasteners, a division of Leggett 2017) because Commerce calculated a higher rate & Platt, Incorporated, are not covered by the scope than the highest Petition rate to apply as the AFA of the investigation. See Preliminary Determination 5 See Issues and Decision Memorandum for rate)). and accompanying Preliminary Decision further discussion. 10 See Petition for the Imposition of Antidumping Memorandum at pages 3–4. Accordingly, our 6 The China-wide entity includes Best Nail and 20 Duties on Imports of Carton-Closing Staples from determination remains unchanged and we continue Chinese exporters and/or producers that failed to the People’s Republic of China, dated March 31, to find that Vertex Fasteners’ mattress boxspring respond to our Quantity and Value Questionnaire. 2017 (Petition), and Petitioner’s Supplemental staples, as described in the Preliminary See Preliminary Determination, 82 FR at 51214 and Questionnaire Response, dated April 6, 2017 Determination, are not covered by the scope of this accompanying Preliminary Decision Memorandum (Petition Supplemental Response), at 19–20 and investigation. at 14, footnote 86. Exhibit II–SQ–9.

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Petition.11 Accordingly, we find that the Group’s final dumping margin on AFA, percent) to the separate rate applicants rate of 263.40 percent is corroborated we can no longer rely on Yueda Group’s not individually examined.14 within the meaning of section 776(c) of preliminary calculated rate as the Combination Rates the Act. separate rate. Therefore, because we are Separate Rates determining Yueda Group’s rate and the In the Initiation Notice,15 Commerce China-wide rate based on AFA, we are stated that it would calculate producer/ For the final determination, we looking to section 735(c)(5)(A)–(B) of continue to find that Hangzhou Huayu exporter combination rates for the the Act for guidance and are, consistent Machinery Co., Ltd. and The Stanley respondents that are eligible for a Works (Langfang) Fastening Systems with that provision, using ‘‘any separate rate in this investigation. Policy 16 Co., Ltd. are entitled to a separate rate, reasonable method’’ to determine the Bulletin 05.1 describes this practice. rate for exporters that are not being as noted below. In the Preliminary Final Determination Determination, we assigned, as the individually examined and found to be separate rate, the margin calculated for entitled to a separate rate, as we did in Commerce determines that carton- the single remaining mandatory the Preliminary Determination. As ‘‘any closing staples from China are being, or respondent (Yueda Group), consistent reasonable method,’’ we find it is likely to be, sold in the United States with our practice.12 However, because appropriate to assign the simple average at LTFV, and that the following we have determined to base Yueda of the Petition rates 13 (i.e., 115.65 dumping margins exist:

Estimated dumping Producer Exporter margin (percent)

Yueda Group: 17 Yueda Group: Shanghai Yueda Nails Co., Ltd., or Qiushan Printing Ma- Shanghai Yueda Nails Co., Ltd., or Fastnail Products Limited, 263.40 chinery Co., Ltd. or Wuhan FOPO Trading Co., Ltd., or China Dinghao Co., Limited. Hangzhou Huayu Machinery Co., Ltd. Hangzhou Huayu Machinery Co., Ltd. 115.65 The Stanley Works (Langfang) Fastening Systems Co., Ltd. The Stanley Works (Langfang) Fastening Systems Co., Ltd. 115.65

China-Wide Entity 18 263.40

Disclosure 115.65 percent), within five days of the liquidation instructions will remain in date of publication of this notice to effect until further notice. Normally, Commerce discloses to parties in this proceeding, in accordance International Trade Commission interested parties the calculations with 19 CFR 351.224(b). performed in connection with a final Notification determination within five days of any Continuation of Suspension of In accordance with section 735(d) of public announcement or, if there is no Liquidation the Act, we intend to notify the public announcement, within five days In accordance with section International Trade Commission (ITC) of of the date of publication of the notice 735(c)(1)(B) of the Act, we will direct the final affirmative determination of of final determination in the Federal U.S. Customs and Border Protection sales at LTFV. As Commerce’s final Register, in accordance with 19 CFR (CBP) to continue to suspend determination is affirmative, in 351.224(b). Because Commerce applied liquidation of all entries of carton- accordance with section 735(b)(2) of the total AFA to the sole individually closing staples from China, as described Act, the ITC will determine, within 45 examined company, Yueda Group, in in Appendix I of this notice, which are days, whether the domestic industry in accordance with section 776 of the Act, entered, or withdrawn from warehouse, the United States is materially injured, and the applied AFA rate is based solely for consumption on or after November or threatened with material injury, by on at rate from the Petition, there are no 3, 2017, the date of publication in the reason of imports of carton-closing calculations to disclose for Yueda Federal Register of the affirmative staples from China, or sales (or the Group. However, we will disclose the Preliminary Determination. Pursuant to likelihood of sales) for importation, of calculation of the simple average of the section 735(c)(1) of the Act, we will carton-closing staples from China. If the Petition margins, which we applied to instruct CBP to require a cash deposit ITC determines that such injury does the non-individually examined equal to the margins indicated in the not exist, this proceeding will be companies receiving a separate rate (i.e., chart above.19 These suspension of terminated, and all securities posted

11 See Issues and Decision Memorandum at pages 15 See Initiation Notice, 82 FR at 19355. 18 As discussed in the Preliminary Determination, 23–25, for the discussion regarding corroboration of 16 See Enforcement and Compliance’s Policy Best Nail, a mandatory respondent in this the AFA rate. See also Petition and Petition Bulletin No. 05.1, regarding, ‘‘Separate-Rates investigation, and certain non-responsive Chinese Supplemental Response, at 19–20 and Exhibit II– Practice and Application of Combination Rates in companies did not demonstrate that they were SQ–9. Antidumping Investigations involving Non-Market entitled to a separate rate. Accordingly, we continue 12 See Preliminary Determination, 82 FR at 51214, Economy Countries,’’ (April 5, 2005) (Policy to consider Best Nail and these companies to be and accompanying Preliminary Decision Bulletin 05.1), available on Commerce’s website at part of the China-wide entity. See Preliminary http://enforcement.trade.gov/policy/bull05-1.pdf. Memorandum at 12–13. Decision Memorandum at 14, footnote 86. 17 Commerce determines that Shanghai Yueda 13 See Petition and Petition Supplemental 19 See Modification of Regulations Regarding the Nails Co., Ltd., Qiushan Printing Machinery Co., Response, at 19–20 and Exhibit II–SQ–9. Ltd., China Dinghao Co., Limited, Fastnail Products Practice of Accepting Bonds During the Provisional 14 See Issues and Decision Memorandum at Limited, and Wuhan FOPO Trading Co., Ltd., are Measures Period in Antidumping and Comment 3. See also Galvanized Steel Wire from affiliated pursuant to sections 771(33)(A) and (F) of Countervailing Duty Investigations, 76 FR 61042 the People’s Republic of China: Final Determination the Act and should be treated as a single entity (October 3, 2011). of Sales at Less Than Fair Value, 77 FR 17430, pursuant to 19 CFR 351.401(f). See Issues and 16432 (March 26, 2012). Decision Memorandum at 2–5.

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will be refunded or canceled. If the ITC (nominal thickness) by 0.064 to 0.100 inch FOR FURTHER INFORMATION CONTACT: determines that such injury does exist, (nominal width). Justin Neuman or Omar Qureshi, AD/ Commerce intends to issue an Carton-closing staples subject to this CVD Operations, Office V, Enforcement antidumping duty order directing CBP investigation are currently classifiable under and Compliance, International Trade subheadings 8305.20.00.00 and Administration, U.S. Department of to assess, upon further instruction by 7317.00.65.60 of the Harmonized Tariff Commerce, antidumping duties on all Schedule of the United States (HTSUS). Commerce, 1401 Constitution Avenue imports of the subject merchandise While the HTSUS subheadings and ASTM NW, Washington, DC 20230; telephone: entered, or withdrawn from warehouse, specification are provided for convenience (202) 482–0486 or (202) 482–5307, for consumption on or after the effective and for customs purposes, the written respectively. date of the suspension of liquidation. description of the subject merchandise is SUPPLEMENTARY INFORMATION: dispositive. Notification Regarding Administrative Background Protective Orders Appendix II On September 5, 2017, Commerce This notice will serve as a reminder List of Topics Discussed in the Issues and published its affirmative Preliminary to the parties subject to administrative Decision Memorandum Determination of this countervailing protective order (APO) of their I. Summary duty (CVD) investigation.1 responsibility concerning the II. Background Commerce exercised its discretion to disposition of propriety information III. Changes from the Preliminary toll all deadlines affected by the closure Determination of the Federal Government from January disclosed under APO in accordance IV. Discussion of the Issues with 19 CFR 351.305. Timely written Comment 1: Whether To Assign Total 20 through 22, 2018. If the new deadline notification of return or destruction of Adverse Facts Available to Yueda Group falls on a non-business day, in APO materials or conversion to judicial A. Chronology accordance with Commerce’s practice, protective order is hereby requested. B. Verification and Timing the deadline will become the next Failure to comply with the regulations C. Reliance on Unverified Information business day. The revised deadline for and terms of an APO is a sanctionable D. Commerce’s Conduct Regarding the the final determination of this violation. Toller investigation is now March 19, 2018.2 A E. Application of Facts Available and summary of the events that occurred We intend to issue and publish this Adverse Facts Available determination in accordance with since Commerce published the F. Selection and Corroboration of the AFA Preliminary Determination, as well as a sections 735(d) and 777(i)(1) of the Act. Rate Comment 2: Reliance on Toller’s Reported full discussion of the issues raised by Dated: March 21, 2018. parties for this final determination, may Gary Taverman, FOP Data Comment 3: Separate Rate Assigned to be found in the Issues and Decision Deputy Assistant Secretary for Antidumping Non-Individually Examined Memorandum, which is hereby adopted and Countervailing Duty Operations, Respondents by this notice.3 performing the non-exclusive functions and Comment 4: Whether To Find Affirmative duties of the Assistant Secretary for Critical Circumstances Scope of the Investigation Enforcement and Compliance. Additional Arguments Regarding The scope of the investigation covers Appendix I Calculations wire rod from Turkey. For a complete V. Recommendation description of the scope of the Scope of the Investigation [FR Doc. 2018–06206 Filed 3–27–18; 8:45 am] investigation, see Appendix I. The scope of this investigation is carton- BILLING CODE 3510–DS–P closing staples. Carton-closing staples may be Scope Comments manufactured from carbon, alloy, or stainless During the course of this steel wire, and are included in the scope of DEPARTMENT OF COMMERCE investigation, Commerce received the investigation regardless of whether they numerous scope comments from are uncoated or coated, regardless of the type International Trade Administration of coating. interested parties. Prior to the Carton-closing staples are generally made Preliminary Determination, Commerce to American Society for Testing and [C–489–832] issued a Preliminary Scope Decision Materials (ASTM) specification ASTM Memorandum to address these D1974/D1974M–16, but can also be made to Carbon and Alloy Steel Wire Rod From comments and made no changes to the other specifications. Regardless of the Republic of Turkey: Final specification, however, all carton-closing Affirmative Countervailing Duty 1 See Carbon and Alloy Steel Wire Rod from the staples meeting the scope description are Determination and Final Affirmative Republic of Turkey: Preliminary Affirmative included in the scope. Carton-closing staples Critical Circumstances Determination, Countervailing Duty Determination and Preliminary Affirmative Critical Circumstances Determination, include stick staple products, often referred in Part to as staple strips, and roll staple products, in Part, 82 FR 41929 (September 5, 2017) (Preliminary Determination). often referred to as coils. Stick staples are AGENCY: Enforcement and Compliance, 2 lightly cemented or lacquered together to See Memorandum for The Record from International Trade Administration, Christian Marsh, Deputy Assistant Secretary for facilitate handling and loading into stapling Department of Commerce. Enforcement and Compliance, performing the non- machines. Roll staples are taped together exclusive functions and duties of the Assistant along their crowns. Carton-closing staples are SUMMARY: The Department of Commerce Secretary for Enforcement and Compliance, covered regardless of whether they are (Commerce) determines that ‘‘Deadlines Affected by the Shutdown of the imported in stick form or roll form. countervailable subsidies are being Federal Government’’, dated January 23, 2018. All Carton-closing staples vary by the size of provided to exporters and producers of deadlines in this segment of the proceeding have the wire, the width of the crown, and the been extended by 3 days. carbon and alloy steel wire rod (wire 3 See Memorandum, ‘‘Issues and Decision length of the leg. The nominal leg length rod) from the Republic of Turkey ranges from 0.4095 inch to 1.375 inches and Memorandum for the Final Determination in the (Turkey) for the period of investigation Countervailing Duty Investigation of Carbon and the nominal crown width ranges from 1.125 (POI), January 1, 2016, through Alloy Steel Wire Rod from the Republic of Turkey,’’ inches to 1.375 inches. The size of the wire dated concurrently with this determination and used in the production of carton-closing December 31, 2016. hereby adopted by this notice (Issues and Decision staples varies from 0.029 to 0.064 inch DATES: Applicable March 28, 2018. Memorandum).

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scope of the investigation as it appeared Sinai Ve Tibbi Gazlar Istih (Habas), and circumstances exist with respect to in the Initiation Notice.4 Icdas Celik Eberji Tersane Ve Ulasim Habas. We continue to find, as we did In September 2017, we received scope San (Icdas) between January 18, and in the Preliminary Determination that case and rebuttal briefs. On November February 9, 2018. critical circumstances exist with respect 20, 2017, we issued the Final Scope Adverse Facts Available to imports from ‘‘all other’’ companies. Decision Memorandum in response to For a full description of the the comments received.5 We did not If necessary information is not methodology and results of Commerce’s change the scope of this investigation. available on the record, or an interested analysis, see the Issues and Decision party withholds information, fails to Memorandum. Methodology provide requested information in a Commerce is conducting this CVD timely manner, significantly impedes a Final Determination investigation in accordance with section proceeding by not providing In accordance with section 701 of the Tariff Act of 1930, as information, or information provided 705(c)(1)(B)(i) of the Act, we calculated amended (Act). For each of the subsidy cannot be verified, Commerce will a rate for each exporter/producer of the programs found to be countervailable, apply facts available, pursuant to subject merchandise individually we determine that there is a subsidy section 776(a)(1) and (2) of the Tariff investigated, i.e., Habas and Icdas. In (i.e., a financial contribution by an Act of 1930, as amended (the Act). For accordance with section 705(c)(5)(A) of ‘‘authority’’ that gives rise to a benefit to purposes of this final determination, the Act, for companies not individually the recipient) and that the subsidy is Commerce relied, in part, on facts investigated, we apply an ‘‘all-others’’ specific. For a full description of the available and, because certain rate, which is normally calculated by methodology underlying our final respondents did not cooperate by not weighting the subsidy rates of the determination, see the Issues and acting to the best of their ability to individual companies selected as Decisions Memorandum. respond to the Commerce’s requests for mandatory respondents by those information, we drew an adverse Analysis of Comments Received companies’ exports of the subject inference, where appropriate, in merchandise to the United States. Under All issues raised in the case and selecting from among the facts section 705(c)(5)(A)(i) of the Act, the rebuttal briefs by parties in this otherwise available.6 A full discussion ‘‘all-others’’ rate excludes zero and de investigation are addressed in the Issues of our decision to rely on adverse facts minimis rates calculated for the and Decision Memorandum. A list of available is presented in the ‘‘Use of exporters and producers individually the issues raised is attached to this Facts Otherwise Available and Adverse investigated, as well as rates based notice as Appendix II. The Issues and Inferences’’ section of the Issues and entirely on facts otherwise available. Decision Memorandum is a public Decision Memorandum. Where the rates for the individually document and is on file electronically investigated companies are all zero or via Enforcement and Compliance’s Changes Since the Preliminary Determination de minimis, or determined entirely Antidumping and Countervailing Duty using facts otherwise available, section Centralized Electronic Service System Based on our analysis of the 705(c)(5)(A)(ii) of the Act instructs (ACCESS). ACCESS is available to comments received and our findings at Commerce to establish an ‘‘all-others’’ registered users at https:// verification, we made certain changes to rate using ‘‘any reasonable method.’’ access.trade.gov, and it is available to the subsidy rate calculations since the In this investigation, Commerce all parties in the Central Records Unit, Preliminary Determination. These calculated individual countervailable Room B–8024 of the main Department changes are discussed in the ‘‘Analysis subsidy rates for Habas and Icdas that of Commerce building. In addition, a of Programs’’ section of the Issues and are not zero, de minimis, or based 7 complete version of the Issues and Decision Memorandum. entirely on facts otherwise available. Decision Memorandum can be accessed Final Affirmative Determination of Because we do not have publicly ranged directly at http://enforcement.trade.gov/ Critical Circumstances, in Part data from all company respondents with frn/index.html. The signed and which to calculate the all-others rate In the Preliminary Determination, electronic versions of the Issues and using a weighted-average of the Commerce found that critical Decision Memorandum are identical in individual estimated subsidy rates, circumstances exist with respect to content. Commerce calculated the all-others rate imports of wire rod from Turkey from using a simple average of the individual Verification all other exporters or producers not estimated subsidy rates calculated for individually examined.8 Following the Commerce conducted verification of the examined respondents. Preliminary Determination, Habas did the questionnaire responses submitted The final subsidy rates are as follows: by the Government of Turkey, Habas not provide requested information concerning its shipments through Subsidy rates 4 For discussion of these comments, see September 2017. As a result, we are Company (percent) Memorandum, ‘‘Carbon and Alloy Steel Wire Rod modifying our findings for this final from Belarus, Italy, the Republic of Korea, the determination and relying, in part, on Habas Sinai Ve Tibbi Gazlar Russian Federation, South Africa, Spain, the facts otherwise available with an Istih ...... 3.86 Republic of Turkey, Ukraine, the United Arab Icdas Celik Eberji Tersane Emirates, and the United Kingdom: Scope adverse inference in arriving at our Comments Decision Memorandum for the conclusion that, in accordance with Ve Ulasim San ...... 3.81 All-Others ...... 3.84 Preliminary Determination’’ (Preliminary Scope section 705(a)(2) of the Act that critical Decision Memorandum), dated August 7, 2017. 5 For discussion of these comments, see Disclosure Memorandum, ‘‘Carbon and Alloy Steel Wire Rod 6 See sections 776(a) and (b) of the Act. from Belarus, Italy, the Republic of Korea, the 7 See Issues and Decision Memorandum at VII; We intend to disclose the calculations Russian Federation, South Africa, Spain, the see also Department Memorandum, ‘‘Carbon and performed within five days of the date Republic of Turkey, Ukraine, the United Arab Alloy Steel Wire Rod from the Republic of Turkey: of public announcement of our final Emirates, and the United Kingdom: Final Scope Calculations for the Final Countervailing Duty Memorandum’’ (Final Scope Decision Determination,’’ dated March 19, 2018. determination, in accordance with 19 Memorandum), dated November 20, 2017. 8 See Preliminary Determination at 41930. CFR 351.224(b).

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Continuation of Suspension of threat of material injury, does not exist, Specifically excluded are steel products Liquidation this proceeding will be terminated and possessing the above-noted physical As a result of our Preliminary all estimated duties deposited or characteristics and meeting the Harmonized Tariff Schedule of the United States (HTSUS) Determination, and pursuant to section securities posted as a result of the definitions for (a) stainless steel; (b) tool 703(d) of the Act, we instructed U.S. suspension of liquidation will be steel; (c) high-nickel steel; (d) ball bearing Customs and Border Protection (CBP) to refunded or canceled. steel; or (e) concrete reinforcing bars and suspend liquidation of any entries of International Trade Commission rods. Also excluded are free cutting steel merchandise under consideration from Notification (also known as free machining steel) Turkey that were entered, or withdrawn In accordance with section 705(d) of products (i.e., products that contain by from warehouse, for consumption by the Act, we will notify the ITC of the weight one or more of the following Habas and all other producers or final affirmative countervailing duty elements: 0.1 Percent or more of lead, 0.05 exporters, other than Icdas, on or after determination. Because the final percent or more of bismuth, 0.08 percent or September 5, 2017, which is the determination in this proceeding is more of sulfur, more than 0.04 percent of publication date in the Federal Register affirmative, in accordance with section phosphorous, more than 0.05 percent of of the Preliminary Determination. In 735(b)(2) of the Act, the ITC will make selenium, or more than 0.01 percent of accordance with section 703(d) of the its final determination as to whether the tellurium). All products meeting the physical Act, we instructed CBP to discontinue domestic industry in the United States description of subject merchandise that are the suspension of liquidation for CVD is materially injured, or threatened with not specifically excluded are included in this purposes for subject merchandise material injury, by reason of imports of scope. entered, or withdrawn from warehouse, wire rod from Turkey, no later than 45 The products under investigation are on or after January 3, 2018, but to days after our final determination. If the currently classifiable under subheadings continue the suspension of liquidation ITC determines that material injury or 7213.91.3011, 7213.91.3015, 7213.91.3020, of all entries from September 5, 2017, threat of material injury does not exist, 7213.91.3093, 7213.91.4500, 7213.91.6000, through January 2, 2018. the proceeding will be terminated and 7213.99.0030, 7227.20.0030, 7227.20.0080, The Department continues to find that all cash deposits will be refunded. If the 7227.90.6010, 7227.90.6020, 7227.90.6030, critical circumstances exist for the all ITC determines that such injury does and 7227.90.6035 of the HTSUS. Products others companies and therefore we will exist, Commerce will issue a entered under subheadings 7213.99.0090 and instruct CBP to continue to suspend countervailing duty order directing CBP 7227.90.6090 of the HTSUS also may be liquidation of all entries of subject to assess, upon further instruction by included in this scope if they meet the merchandise from the all others physical description of subject merchandise Commerce, countervailing duties on all companies entered, or withdrawn from above. Although the HTSUS subheadings are imports of the subject merchandise warehouse, for consumption on or after provided for convenience and customs entered, or withdrawn from warehouse, June 7, 2017, which is 90 days prior to purposes, the written description of the for consumption on or after the effective the date of publication of the scope of this proceeding is dispositive. date of the suspension of liquidation. Preliminary Determination. CBP shall Appendix II continue to require a cash deposit equal Notification Regarding Administrative to the rates shown above. In addition, Protective Orders (APO) List of Topics Discussed in the Issues and because we have determined for this This notice serves as a reminder to Decision Memorandum final determination that critical parties subject to administrative I. Summary circumstances exist for Habas, and protective order (APO) of their II. Background section 705(c)(4) of the Act provides responsibility concerning the III. Scope of the Investigation that, given an affirmative determination disposition of proprietary information IV. Final Determination of Critical of critical circumstances, any disclosed under APO in accordance Circumstances suspension of liquidation shall apply to with 19 CFR 351.305(a)(3). Timely V. Subsidies Valuation unliquidated entries of merchandise notification of the return or destruction VI. Benchmarks and Discount Rates entered, or withdrawn from warehouse, of APO materials, or conversion to VII. Use of Facts Otherwise Available and for consumption on or after the date judicial protective order, is hereby Adverse Inferences which is 90 days before the date on requested. Failure to comply with the VIII. Analysis of Programs which the suspension of liquidation was regulations and the terms of an APO is IX. Analysis of Comments first ordered, we will also instruct CBP a sanctionable violation. Comment 1: Whether Commerce Should to suspend liquidation of all entries of This determination is issued and Adjust the Benchmark Prices for Natural subject merchandise from Habas published in accordance with sections Gas entered, or withdrawn from warehouse, 705(d) and 777(i) of the Act. Comment 2: Whether Commerce Should for consumption on or after June 7, Alter the Calculation of Habas’ Benefit 2017, which is 90 days before the date Dated: March 19, 2018. Under the Rediscounted Loan Program on which suspension of liquidation was Gary Taverman, Sales Denominator for Habas first ordered. These instructions Deputy Assistant Secretary for Antidumping Comment 3: Whether Commerce Should suspending liquidation will remain in and Countervailing Duty Operations, Countervail the Minimum Wage Support performing the non-exclusive functions and Program effect until further notice. duties of the Assistant Secretary for Comment 4: Whether Commerce Should If the U.S. International Trade Enforcement and Compliance. Commission (ITC) issues a final Adjust Icdas’ Sales Denominator affirmative injury determination, we Appendix I X. Recommendation will issue a countervailing duty order Scope of the Investigation [FR Doc. 2018–06137 Filed 3–27–18; 8:45 am] and will require a cash deposit of The products covered by this investigation BILLING CODE 3510–DS–P estimated countervailing duties for are certain hot-rolled products of carbon steel entries of subject merchandise in the and alloy steel, in coils, of approximately amounts indicated above. If the ITC round cross section, less than 19.00 mm in determines that material injury, or actual solid cross-sectional diameter.

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DEPARTMENT OF COMMERCE enforcement.trade.gov/frn/. The signed We issued verification reports on Issues and Decision Memorandum and February 8, 2018.5 We used standard International Trade Administration the electronic version are identical in verification procedures, including an [C–475–837] content. examination of relevant accounting and financial records, and original source Scope of the Investigation Countervailing Duty Investigation of documents provided by Ferriere Nord Carbon and Alloy Steel Wire Rod From The product covered by this S.p.A. investigation is wire rod from Italy. For Italy: Final Affirmative Determination Changes Since the Preliminary a complete description of the scope of Determination AGENCY: Enforcement and Compliance, this investigation, see Appendix I. International Trade Administration, Based on our review and analysis of Department of Commerce. Scope Comments the comments received from parties, SUMMARY: The Department of Commerce We invited parties to comment on and minor corrections presented at (Commerce) determines that Commerce’s Preliminary Scope verification, we made certain changes to countervailable subsidies are being Memorandum.3 Commerce reviewed the the respondents’ subsidy rate provided to producers and exporters of briefs submitted by interested parties, calculations since the Preliminary carbon and alloy steel wire rod (wire considered the arguments therein, and Determination. For a discussion of these rod) from Italy. The period of determined not to make any changes to changes, see the Issues and Decision investigation is January 1, 2016, through the scope of the investigation. For Memorandum and the Final Calculation December 31, 2016. For information on further discussion, see Commerce’s Memorandum.6 the estimated subsidy rates, see the Final Scope Decision Memorandum.4 Adverse Facts Available (AFA) ‘‘Final Determination and Suspension of Liquidation’’ section of this notice. Methodology For purposes of this final determination, we relied on facts DATES: Commerce is conducting this Applicable March 28, 2018. available, and because mandatory countervailing duty (CVD) investigation FOR FURTHER INFORMATION CONTACT: respondent Ferriera Valsider S.p.A. in accordance with section 701 of the Yasmin Bordas, AD/CVD Operations, (Ferriera Valsider) did not act to the best Tariff Act of 1930, as amended (Act). Office VI, Enforcement and Compliance, of its ability in responding to For each of the subsidy programs found International Trade Administration, Commerce’s requests for information, to be countervailable, we determine that U.S. Department of Commerce, 1401 we drew an adverse inference, where there is a subsidy (i.e., a financial Constitution Avenue NW, Washington, appropriate, in selecting from among the contribution by an ‘‘authority’’ that DC 20230; telephone (202) 482–3813. facts otherwise available.7 The subsidy gives rise to a benefit to the recipient) SUPPLEMENTARY INFORMATION: rate for Ferriera Valsider is based totally and that the subsidy is specific. For a on adverse facts available (AFA). A full Background full description of the methodology discussion of our decision to rely on underlying our final determination, see On September 5, 2017, Commerce adverse facts available is presented in the Issues and Decisions Memorandum. published the Preliminary the ‘‘Use of Facts Otherwise Available Determination.1 A summary of the Analysis of Subsidy Programs and and Adverse Inferences’’ section of the events that occurred since Commerce Comments Received Issues and Decisions Memorandum. published the Preliminary Determination, as well as a full The subsidy programs under Final Determination discussion of the issues raised by parties investigation, and the issues raised in In accordance with section for this final determination, may be the case and rebuttal briefs submitted by 705(c)(1)(B)(i) of the Act, we calculated found in the Issues and Decision the parties, are discussed in the Issues an individual rate for each producer/ Memorandum, which is hereby adopted and Decision Memorandum. A list of exporter of the subject merchandise by this notice.2 The Issues and Decision the issues that parties raised, and to individually investigated. Memorandum is a public document and which we responded in the Issues and In accordance with section is on file electronically via Enforcement Decision Memorandum, is attached to 705(c)(5)(A) of the Act, for companies and Compliance’s Antidumping and this notice at Appendix II. not individually investigated, we apply Countervailing Duty Centralized Verification an ‘‘all-others’’ rate, which is normally Electronic Service System (ACCESS). calculated by weighting the subsidy ACCESS is available to registered users As provided in section 782(i) of the rates of the individual companies at http://access.trade.gov, and is Act, in January 2018, we conducted selected as mandatory respondents by available to all parties in the Central verification of the questionnaire those companies’ exports of the subject Records Unit, Room B8024 of the main responses submitted by Ferriere Nord merchandise to the United States. Under Department of Commerce building. In S.p.A. and the Government of Italy. addition, a complete version of the 5 See Commerce Memoranda, ‘‘Countervailing Issues and Decision Memorandum can 3 See Memorandum, ‘‘Carbon and Alloy Steel Duty Investigation: Carbon and Alloy Steel Wire Wire Rod from Belarus, Italy, the Republic of Korea, Rod from Italy: Verification of the Questionnaire be accessed directly at http:// the Russian Federation, South Africa, Spain, the Responses of Ferriere Nord S.p.A., Acciaierie di Republic of Turkey, Ukraine, the United Arab Verona S.p.A. (AdV), SIAT S.p.A. (SIAT) and FIN 1 See Carbon and Alloy Steel Wire Rod from Italy: Emirates, and the United Kingdom: Scope FER S.p.A. (FIN FER),’’ (Ferriere Nord Verification Preliminary Affirmative Countervailing Duty Comments Decision Memorandum for the Report) and ‘‘Countervailing Duty Investigation: Determination, 82 FR 41931 (September 5, 2017) Preliminary Determinations,’’ dated August 7, 2017, Carbon and Alloy Steel Wire Rod from Italy: (Preliminary Determination). and filed to ACCESS on August 7, 2017. Verification of the Questionnaire Responses of the 2 See Memorandum, ‘‘Issues and Decision 4 See Memorandum, ‘‘Carbon and Alloy Steel Government of Italy,’’ (Government of Italy Memorandum for the Final Determination in the Wire Rod from Belarus, Italy, the Republic of Korea, Verification Report), both dated February 8, 2018. Countervailing Duty Investigation of Carbon and the Russian Federation, South Africa, Spain, the 6 See Memorandum, ‘‘Countervailing Duty Alloy Steel Wire Rod from Italy,’’ dated Republic of Turkey, Ukraine, the United Arab Investigation of Carbon and Alloy Steel Wire Rod concurrently with this determination and hereby Emirates, and the United Kingdom: Final Scope from Italy: Ferriere Nord S.p.A. Final Calculation adopted by this notice (Issues and Decision Memorandum’’ (Final Scope Decision Memorandum,’’ dated March 19, 2018. Memorandum). Memorandum), dated November 20, 2017. 7 See sections 776(a) and (b) of the Act.

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section 705(c)(5)(A)(i) of the Act, the liquidation of all entries at that time, but is hereby requested. Failure to comply ‘‘all-others’’ rate excludes zero and de to continue the suspension of with the regulations and terms of an minimis rates calculated for the liquidation of all entries from August 5, APO is a violation subject to sanction. exporters and producers individually 2017, through January 2, 2018. This determination is issued and investigated as well as rates based If the U.S. International Trade published pursuant to sections 705(d) entirely on facts otherwise available. Commission (the ITC) issues a final and 777(i) of the Act. Where the rates for the individually affirmative injury determination, we Dated: March 19, 2018. investigated companies are all zero or will issue a CVD order, will reinstate the de minimis, or determined entirely suspension of liquidation under section Gary Taverman, using facts otherwise available, section 706(a) of the Act, and will require a cash Deputy Assistant Secretary for Antidumping 705(c)(5)(A)(ii) of the Act instructs deposit of estimated CVDs for such and Countervailing Duty Operations, entries of subject merchandise in the performing the non-exclusive functions and Commerce to establish an ‘‘all-others’’ duties of the Assistant Secretary for rate using ‘‘any reasonable method.’’ amounts indicated above. If the ITC Enforcement and Compliance. Pursuant to section 705(c)(5)(A)(i) of determines that material injury, or the Act, we have calculated the ‘‘all- threat of material injury, does not exist, Appendix I others’’ rate using the subsidy rate of this proceeding will be terminated and Scope of the Investigation Ferriere Nord, the only mandatory all estimated duties deposited or respondent not receiving a subsidy rate The products covered by this investigation securities posted as a result of the are certain hot-rolled products of carbon steel based totally on section 776 of the Act. suspension of liquidation will be and alloy steel, in coils, of approximately In this investigation, Commerce refunded or canceled. round cross section, less than 19.00 mm in assigned a rate based entirely on facts International Trade Commission actual solid cross-sectional diameter. available to Ferriera Valsider. Therefore, Specifically excluded are steel products Notification the only rate that is not zero, de possessing the above-noted physical minimis, or based entirely on facts In accordance with section 705(d) of characteristics and meeting the Harmonized otherwise available, is the rate the Act, we will notify the ITC of our Tariff Schedule of the United States (HTSUS) calculated for Ferriere Nord. determination. In addition, we are definitions for (a) stainless steel; (b) tool Consequently, and consistent with making available to the ITC all non- steel; (c) high-nickel steel; (d) ball bearing privileged and non-proprietary steel; or (e) concrete reinforcing bars and Commerce’s practice, the rate calculated rods. Also excluded are free cutting steel for Ferriere Nord is also assigned as the information related to this investigation. (also known as free machining steel) rate for all-other producers and We will allow the ITC access to all products (i.e., products that contain by exporters. privileged and business proprietary weight one or more of the following information in our files, provided the elements: 0.1 percent or more of lead, 0.05 Company Subsidy rate ITC confirms that it will not disclose percent or more of bismuth, 0.08 percent or (percent) such information, either publicly or more of sulfur, more than 0.04 percent of under an administrative protective order phosphorous, more than 0.05 percent of Ferriere Nord S.p.A. 8 ...... 4.16 selenium, or more than 0.01 percent of Ferriera Valsider S.p.A...... 44.18 (APO), without the written consent of the Assistant Secretary for Enforcement tellurium). All products meeting the physical All-Others ...... 4.16 description of subject merchandise that are and Compliance. not specifically excluded are included in this Disclosure Notification Regarding Administrative scope. We intend to disclose to parties in Protective Orders (APO) The products under investigation are currently classifiable under subheadings this proceeding the calculations In the event the ITC issues a final 7213.91.3011, 7213.91.3015, 7213.91.3020, performed for this final determination negative injury determination, this 7213.91.3093, 7213.91.4500, 7213.91.6000, within five days of the date of public notice serves as the only reminder to 7213.99.0030, 7227.20.0030, 7227.20.0080, announcement of our final parties subject to an APO of their 7227.90.6010, 7227.90.6020, 7227.90.6030, determination, in accordance with 19 responsibility concerning the and 7227.90.6035 of the HTSUS. Products CFR 351.224(b). destruction of proprietary information entered under subheadings 7213.99.0090 and disclosed under APO in accordance 7227.90.6090 of the HTSUS also may be Suspension of Liquidation included in this scope if they meet the with 19 CFR 351.305(a)(3). Timely As a result of our affirmative physical description of subject merchandise written notification of the return or above. Although the HTSUS subheadings are Preliminary Determination, and destruction of APO materials or pursuant to sections 703(d)(1)(B) and (2) provided for convenience and customs conversion to judicial protective order, purposes, the written description of the of the Act, we instructed U.S. Customs is hereby requested. Failure to comply scope of this proceeding is dispositive. and Border Protection (CBP) to suspend with the regulations and the terms of an Appendix II liquidation of all entries of merchandise APO is a sanctionable violation. under consideration from Italy that were List of Topics Discussed in the Issues and entered or withdrawn from warehouse, Return or Destruction of Proprietary Decision Memorandum Information for consumption, on or after September I. Summary 5, 2017, the date of publication of the In the event the ITC issues a final II. Background Preliminary Determination in the negative injury determination, this III. Scope of the Investigation Federal Register. In accordance with notice serves as the only reminder to IV. Scope Comments section 703(d) of the Act, effective parties subject to an APO of their V. Subsidies Valuation Information January 3, 2018, we instructed CBP to responsibility concerning the VI. Benchmarks and Discount Rates discontinue the suspension of destruction of proprietary information VII. Use of Facts Otherwise Available and Adverse Inferences disclosed under APO in accordance VIII. Analysis of Programs 8 As discussed in the Preliminary Decision with 19 CFR 351.305(a)(3). Timely Memorandum, Commerce has found the following IX. Analysis of Comments companies to be cross-owned with Ferriere Nord: written notification of the return or Comment 1: Whether Commerce Should FIN FER S.p.A.; Acciaierie di Verona S.p.A.; and destruction of APO materials, or Countervail SIAT’s Exemptions From SIAT S.p.A. conversion to judicial protective order, General Electricity Network Costs

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Comment 2: Whether the Energy on September 11, 2017.1 On January 9, Scope Comments Interruptibility Contract Is a 2018, Commerce postponed the Countervailable Subsidy preliminary determination of this In accordance with the preamble to 5 Comment 3: Whether the Purchase of 2 Commerce’s regulations, the Initiation Electricity Through Interconnectors Are investigation. Commerce has exercised its discretion to toll deadlines for the Notice set aside a period of time for Countervailable Subsidies parties to raise issues regarding product duration of the closure of the Federal Comment 4: Selection of Benchmark To coverage (scope).6 No interested party Value Purchases of Electricity Through Government from January 20 through commented on the scope of the Interconnectors 22, 2018.3 If the new deadline falls on investigation as it appeared in the Comment 5: How To Calculate the Benefit a non-business day, in accordance with Initiation Notice. Commerce is not for Electricity Purchased Through Commerce’s practice, the deadline will Interconnectors preliminarily modifying the scope Comment 6: Whether Commerce Should become the next business day. The language as it appeared in the Initiation Implement Verification Findings To revised deadline for the preliminary Notice. See the scope in Appendix I to Make Corrections to Ferriere Nord’s determination of this investigation is this notice. Sales Denominator and the Numerator now March 19, 2018. Used in the Interruptibility Contract Methodology Subsidy Calculation For a complete description of the Comment 7: Whether Commerce Should events that followed the initiation of Commerce is conducting this Countervail the Provision of Electricity this investigation, see the Preliminary investigation in accordance with section Interconnector Rights Decision Memorandum.4 A list of topics 731 of the Act. Pursuant to section Comment 8: Whether Commerce Should included in the Preliminary Decision 776(a) and (b) of the Act, Commerce Countervail Excise Tax Exemptions Memorandum is included as Appendix preliminarily has relied upon facts Comment 9: Whether Commerce Should Apply AFA to Ferriere Valsider II to this notice. The Preliminary otherwise available, with adverse X. Recommendation Decision Memorandum is a public inferences, for mandatory respondent, document and is on file electronically Shanxi Guanjiaying Flange Forging [FR Doc. 2018–06133 Filed 3–27–18; 8:45 am] via Enforcement and Compliance’s Group Co., Ltd (GJY). Hydro-Fluids BILLING CODE 3510–DS–P Antidumping and Countervailing Duty Controls Limited (HFC), Songhai Flange Centralized Electronic Service System Manufacturing Co., Ltd (Songhai), and DEPARTMENT OF COMMERCE (ACCESS). ACCESS is available to Dongtai QB Stainless Steel Co., Ltd registered users at https:// (Dongtai) were also selected as International Trade Administration access.trade.gov, and to all parties in the mandatory respondents, however, these Central Records Unit, room B8024 of the companies withdrew from participation [A–570–064] main Department of Commerce in this investigation and did not building. In addition, a complete respond to our requests for information. Stainless Steel Flanges From People’s version of the Preliminary Decision Therefore, HFC, Songhai, and Dongtai Republic of China: Preliminary Memorandum can be accessed directly have not demonstrated their eligibility Affirmative Determination of Sales at at http://enforcement.trade.gov/frn/. for a separate rate and Commerce Less Than Fair Value The signed and the electronic versions considers them to be part of the China- wide entity. For a full description of the AGENCY: Enforcement and Compliance, of the Preliminary Decision Memorandum are identical in content. methodology underlying Commerce’s International Trade Administration, preliminary determination, see the Department of Commerce. Scope of the Investigation Preliminary Decision Memorandum. SUMMARY: The Department of Commerce (Commerce) preliminarily determines The products covered by this Combination Rates that stainless steel flanges from People’s investigation are stainless steel flanges In the Initiation Notice,7 Commerce Republic of China (China) are being, or from China. For a complete description stated that it would calculate producer/ are likely to be, sold in the United States of the scope of this investigation see exporter combination rates for the at less than fair value (LTFV) during the Appendix I to this notice. respondents that are eligible for a period of investigation (POI) January 1, separate rate in this investigation. Policy 2017, through June 30, 2017. 1 See Stainless Steel Flanges from India and the Bulletin 05.1 describes this practice.8 DATES: Applicable March 28, 2018. People’s Republic of China: Initiation of Less-Than- Fair-Value Investigations, 82 FR 42649 (September Because Commerce used total facts FOR FURTHER INFORMATION CONTACT: 11, 2017) (Initiation Notice). otherwise available with adverse Trenton Duncan or Carrie Bethea, AD/ 2 See Stainless Steel Flanges from India and the inferences in determining the rate for CVD Operations, Office V, Enforcement People’s Republic of China: Postponement of the only respondent that demonstrated and Compliance, International Trade Preliminary Determinations in the Less-Than-Fair- Value Investigations, 83 FR 1025 (January 9, 2018). eligibility for a separate rate in this Administration, U.S. Department of 3 See Memorandum, for The Record from investigation, GJY, Commerce did not Commerce, 1401 Constitution Avenue Christian Marsh, Deputy Assistant Secretary for calculate producer/exporter NW, Washington, DC 20230; telephone: Enforcement and Compliance, performing the non- combination rates for that company. (202) 482–3539 or (202) 482–1491, exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, respectively. ‘‘Deadlines Affected by the Shutdown of the 5 See Antidumping Duties; Countervailing Duties, SUPPLEMENTARY INFORMATION: Federal Government,’’ (Tolling Memorandum), 62 FR 27296, 27323 (May 19, 1997). dated January 23, 2018. All deadlines in this 6 See Initiation Notice. Background segment of the proceeding have been extended by 7 See Initiation Notice at 42652–53. 3 days. 8 See Enforcement and Compliance’s Policy This preliminary determination is 4 See Memorandum, ‘‘Decision Memorandum for Bulletin No. 05.1, regarding, ‘‘Separate-Rates made in accordance with section 733(b) the Preliminary Determination in the Less-Than- Practice and Application of Combination Rates in of the Tariff Act of 1930, as amended Fair-Value Investigation of Stainless Steel Flanges Antidumping Investigations involving Non-Market from People’s Republic of China,’’ dated Economy Countries,’’ (April 5, 2005) (Policy (the Act). Commerce published the concurrently with, and hereby adopted by, this Bulletin 05.1), available on Commerce’s website at notice of initiation of this investigation notice (Preliminary Decision Memorandum). http://enforcement.trade.gov/policy/bull05-1.pdf.

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Preliminary Determination days of its public announcement or, if Final Determination Commerce preliminarily determines there is no public announcement, Section 735(a)(1) of the Act and 19 that the following estimated weighted- within five days of the date of CFR 351.210(b)(1) provide that average dumping margins exist: publication of this notice in accordance Commerce will issue the final with 19 CFR 351.224(b). However, determination within 75 days after the Estimated because Commerce preliminarily date of its preliminary determination. weighted- applied AFA to the individually Accordingly, Commerce will make its average examined company participating in this Exporter dumping final determination no later than 75 margin investigation, in accordance with days after the signature date of this (percent) section 776 of the Act, and the applied preliminary determination. AFA rate is based solely on the petition, Shanxi Guanjiaying Flange there are no calculations to disclose. International Trade Commission Forging Group Co., Ltd ..... 257.11 Notification China-wide Entity ...... 257.11 Verification In accordance with section 733(f) of Because the mandatory respondents the Act, Commerce will notify the Suspension of Liquidation in this investigation did not provide International Trade Commission (ITC) of In accordance with section 733(d)(2) information requested by Commerce its preliminary determination of sales at of the Act, Commerce will direct U.S. and Commerce preliminarily determines LTFV. If the final determination is Customs and Border Protection (CBP) to each of the mandatory respondents to affirmative, the ITC will determine suspend liquidation of subject have been uncooperative, verification before the later of 120 days after the date merchandise as described in the scope will not be conducted. of this preliminary determination or 45 of the investigation section entered, or days after the final determination withdrawn from warehouse, for Public Comment whether imports of the subject consumption on or after the date of Case briefs or other written comments merchandise are materially injuring, or publication of this notice in the Federal may be submitted to the Assistant threaten material injury to, the U.S. Register, as discussed below. Further, Secretary for Enforcement and industry. pursuant to section 733(d)(1)(B) of the Compliance no later than 30 days after Act and 19 CFR 351.205(d), Commerce Notification to Interested Parties the date of publication of the will instruct CBP to require a cash This determination is issued and preliminary determination, unless the deposit equal to the weighted average published in accordance with sections Secretary alters the time limit. Rebuttal amount by which normal value exceeds 733(f) and 777(i)(1) of the Act and 19 briefs, limited to issues raised in case U.S. price, as indicated in the chart CFR 351.205(c). briefs, may be submitted no later than above as follows: (1) For the producer/ Dated: March 19, 2018. exporter combinations listed in the table five days after the deadline date for case 9 Gary Taverman, above, the cash deposit rate is equal to briefs. Pursuant to 19 CFR the estimated weighted-average 351.309(c)(2) and (d)(2), parties who Deputy Assistant Secretary for Antidumping submit case briefs or rebuttal briefs in and Countervailing Duty Operations dumping margin listed for that performing the non-exclusive functions and combination in the table; (2) for all this investigation are encouraged to submit with each argument: (1) A duties of the Assistant Secretary for combinations of China producers/ Enforcement and Compliance. exporters of merchandise under statement of the issue; (2) a brief consideration that have not established summary of the argument; and (3) a Appendix I eligibility for their own separate rates, table of authorities. Scope of the Investigation the cash deposit rate will be equal to the Pursuant to 19 CFR 351.310(c), estimated weighted-average dumping interested parties who wish to request a The products covered by this investigation margin established for the China-wide are certain forged stainless steel flanges, hearing, limited to issues raised in the whether unfinished, semi-finished, or entity; and (3) for all third-country case and rebuttal briefs, must submit a finished (certain forged stainless steel exporters of merchandise under written request to the Assistant flanges). Certain forged stainless steel flanges consideration not listed in the table Secretary for Enforcement and are generally manufactured to, but not above, the cash deposit rate is the cash Compliance, U.S. Department of limited to, the material specification of deposit rate applicable to the China Commerce, within 30 days after the date ASTM/ASME A/SA182 or comparable producer/exporter combination (or the of publication of this notice. Requests domestic or foreign specifications. Certain China-wide entity) that supplied that should contain the party’s name, forged stainless steel flanges are made in third-country exporter. address, and telephone number, the various grades such as, but not limited to, As described in the Preliminary 304, 304L, 316, and 316L (or combinations number of participants, whether any thereof). The term ‘‘stainless steel’’ used in Decision Memorandum, in this participant is a foreign national, and a this scope refers to an alloy steel containing, preliminary determination, no list of the issues to be discussed. If a by actual weight, 1.2 percent or less of carbon adjustments pursuant to section 777A(f) request for a hearing is made, Commerce and 10.5 percent or more of chromium, with and 772(c)(1)(C) of the Act are being intends to hold the hearing at the U.S. or without other elements. made for cash deposit purposes. Department of Commerce, 1401 Unfinished stainless steel flanges possess These suspension of liquidation Constitution Avenue NW, Washington, the approximate shape of finished stainless instructions will remain in effect until DC 20230, at a time and date to be steel flanges and have not yet been machined further notice. determined. Parties should confirm by to final specification after the initial forging or like operations. These machining telephone the date, time, and location of Disclosure processes may include, but are not limited to, the hearing two days before the boring, facing, spot facing, drilling, tapering, Normally, Commerce discloses to scheduled date. threading, beveling, heating, or compressing. interested parties the calculations Semi-finished stainless steel flanges are performed in connection with a 9 See 19 CFR 351.309; see also 19 CFR 351.303 unfinished stainless steel flanges that have preliminary determination within five (for general filing requirements). undergone some machining processes.

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The scope includes six general types of DEPARTMENT OF COMMERCE (i.e., the weekend), pursuant to flanges. They are: (1) Weld neck, generally Commerce’s practice, the deadline will used in butt-weld line connection; (2) International Trade Administration become the next business day. The threaded, generally used for threaded line [A–533–877] revised deadline is now March 19, 2018. connections; (3) slip-on, generally used to For a complete description of the slide over pipe; (4) lap joint, generally used Stainless Steel Flanges From India: events that followed the initiation of with stub-ends/butt-weld line connections; Preliminary Affirmative Determination this investigation, see the Preliminary (5) socket weld, generally used to fit pipe of Sales at Less Than Fair Value, Decision Memorandum.3 A list of topics into a machine recession; and (6) blind, Preliminary Affirmative Determination included in the Preliminary Decision generally used to seal off a line. The sizes of Critical Circumstances, Memorandum is included as Appendix and descriptions of the flanges within the Postponement of Final Determination, II to this notice. The Preliminary scope include all pressure classes of ASME and Extension of Provisional Measures Decision Memorandum is a public B16.5 and range from one-half inch to document and is on file electronically twenty-four inches nominal pipe size. AGENCY: Enforcement and Compliance, via Enforcement and Compliance’s Specifically excluded from the scope of these International Trade Administration, Antidumping and Countervailing Duty orders are cast stainless steel flanges. Cast Department of Commerce. Centralized Electronic Service System stainless steel flanges generally are SUMMARY: The Department of Commerce (ACCESS). ACCESS is available to manufactured to specification ASTM A351. (Commerce) preliminarily determines registered users at https:// The country of origin for certain forged that stainless steel flanges from India are access.trade.gov, and to all parties in the stainless steel flanges, whether unfinished, being, or are likely to be, sold in the Central Records Unit, room B8024 of the semi-finished, or finished is the country United States at less than fair value main Department of Commerce where the flange was forged. Subject (LTFV) during the period of building. In addition, a complete merchandise includes stainless steel flanges investigation (POI) July 1, 2016, through version of the Preliminary Decision as defined above that have been further June 30, 2017. processed in a third country. The processing Memorandum can be accessed directly includes, but is not limited to, boring, facing, DATES: Applicable March 28, 2018. at http://enforcement.trade.gov/frn/. spot facing, drilling, tapering, threading, FOR FURTHER INFORMATION CONTACT: The signed and the electronic versions beveling, heating, or compressing, and/or any Courtney Canales, Julia Hancock, or of the Preliminary Decision other processing that would not otherwise Jerry Huang, AD/CVD Operations, Office Memorandum are identical in content. remove the merchandise from the scope of V, Enforcement and Compliance, Scope of the Investigation the investigation if performed in the country International Trade Administration, of manufacture of the stainless steel flanges. U.S. Department of Commerce, 1401 The product covered by this Merchandise subject to the investigation is Constitution Avenue NW, Washington, investigation is stainless steel flanges typically imported under headings DC 20230; telephone: (202) 482–4997, from India. For a complete description 7307.21.1000 and 7307.21.5000 of the (202) 482–1394, or (202) 482–4047, of the scope of this investigation, see Harmonized Tariff Schedule of the United respectively. Appendix I. States (HTSUS). While HTSUS subheadings SUPPLEMENTARY INFORMATION: Scope Comments and ASTM specifications are provided for convenience and customs purposes, the Background In accordance with the preamble to Commerce’s regulations,4 the Initiation written description of the scope is This preliminary determination is dispositive. Notice set aside a period of time for made in accordance with section 733(b) parties to raise issues regarding product of the Tariff Act of 1930, as amended 5 Appendix II coverage (i.e., scope). No interested (the Act). Commerce published the party submitted timely comments on the List of Topics Discussed in the Preliminary notice of initiation of this investigation scope of the investigation as it appeared 1 Decision Memorandum on September 11, 2017. On January 9, in the Initiation Notice. Commerce is 2018, Commerce postponed the not preliminarily modifying the scope I. Summary preliminary determination of this II. Background language as it appeared in the Initiation investigation and Commerce also Notice. III. Period of Investigation exercised its discretion to toll all IV. Scope Comments deadlines affected by the closure of the Methodology V. Scope of the Investigation Federal Government from January 20 Commerce is conducting this VI. Discussion of the Methodology through 22, 2018.2 Because the new A. Non-Market Economy Country investigation in accordance with section deadline falls on a non-business day B. Surrogate Country and Surrogate Value 731 of the Act. Commerce has Comments calculated export prices in accordance 1 See Stainless Steel Flanges from India and the with section 772(a) of the Act. C. Separate Rates People’s Republic of China: Initiation of Less-Than- D. GJY Fair-Value Investigations, 82 FR 42649 (September Constructed export prices also have E. China-Wide Entity 11, 2017) (Initiation Notice). been calculated in accordance with F. Use of Facts Otherwise Available With 2 See Stainless Steel Flanges from India and the section 772(b) of the Act. Normal value an Adverse Inferencce People’s Republic of China: Postponement of (NV) is calculated in accordance with Preliminary Determinations in the Less-Than-Fair- section 773 of the Act. In addition, VII. Adjustment Under Section 777(A)(f) of Value Investigations, 83 FR 1025 (January 9, 2018); the Act see also Memorandum for The Record from VIII. Adjustments to Cash Deposit Rates for Christian Marsh, Deputy Assistant Secretary for 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-Than- Export Subsidies Enforcement and Compliance, performing the non- exclusive functions and duties of the Assistant Fair-Value Investigation of Stainless Steel Flanges IX. Verification Secretary for Enforcement and Compliance, from India’’ dated concurrently with, and hereby X. Conclusion ‘‘Deadlines Affected by the Shutdown of the adopted by, this notice (Preliminary Decision Memorandum). [FR Doc. 2018–06153 Filed 3–27–18; 8:45 am] Federal Government’’ (Tolling Memorandum), dated January 23, 2018. All deadlines in this 4 See Antidumping Duties; Countervailing Duties, BILLING CODE 3510–DS–P segment of the proceeding have been extended by Final Rule, 62 FR 27296, 27323 (May 19, 1997). three days. 5 See Initiation Notice.

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Commerce has preliminarily relied on the Bebitz/Viraj single entity, and the zero and de minimis margins, and any partial adverse facts available, pursuant Echjay single entity, and all other margins determined entirely under to sections 776(a) and (b) of the Act, for producers and exporters. For a full section 776 of the Act. Chandan Steel Limited (Chandan). description of the methodology and In this investigation, Commerce Furthermore, pursuant to section 776(a) results of Commerce’s critical preliminarily assigned a rate based and (b) of the Act, Commerce has circumstances analysis, see the entirely on adverse facts available to the preliminarily relied upon total adverse Preliminary Decision Memorandum. Bebitz/Viraj single entity and the Echjay facts available for the Echjay single All-Others Rate single entity. Therefore, the only rate entity 6 and the Bebitz/Viraj single that is not zero, de minimis, or based entity.7 For a full description of the Sections 733(d)(1)(A)(ii) and entirely on facts otherwise available is methodology underlying the 735(c)(5)(A) of the Act provide that in the rate calculated for Chandan. preliminary determination, see the the preliminary determination Consequently, the margin calculated for Preliminary Decision Memorandum. Commerce shall determine an estimated all-others rate for all exporters and Chandan is assigned as the rate for all Preliminary Affirmative Determination producers not individually examined. other producers and exporters. of Critical Circumstances This rate shall be an amount equal to Preliminary Determination In accordance with section 733(e) of the weighted average of the estimated the Act and 19 CFR 351.206, Commerce weighted-average dumping margins Commerce preliminarily determines preliminarily finds that critical established for exporters and producers that the following estimated weighted- circumstances exist for Chandan Steel, individually investigated, excluding any average dumping margins exist:

Estimated Cash deposit weighted- rate average (adjusted for Exporter/producer dumping subsidy margin offset(s)) (percent) (percent)

Chandan Steel Limited ...... 18.10 8 13.15 Echjay Single Entity 9 ...... ** 145.25 10 145.25 Bebitz/Viraj Single Entity 11 ...... ** 145.25 12 145.25 All-Others ...... 18.10 13.15 ** (The AFA rate. See the Preliminary Decision Memorandum for how this rate was selected.)

Suspension of Liquidation deposit rate will be equal to the circumstances exist for imports of company-specific estimated weighted- subject merchandise produced or In accordance with section 733(d)(2) average dumping margin established for exported by Chandan, Bebitz/Viraj of the Act, Commerce will direct U.S. that producer of the subject single entity, Echjay single entity, and Customs and Border Protection (CBP) to merchandise, except as explained all-others. In accordance with section suspend liquidation of entries of subject below; and (3) the cash deposit rate for 733(e)(2)(A) of the Act, the suspension merchandise, as described in Appendix all other producers and exporters will of liquidation shall apply to I, entered, or withdrawn from be equal to the all-others estimated unliquidated entries of shipments of warehouse, for consumption on or after weighted-average dumping margin. subject merchandise from the the date of publication of this notice in the Federal Register. Further, pursuant Section 733(e)(2) of the Act provides producer(s) or exporter(s) identified in to section 733(d)(1)(B) of the Act and 19 that, given an affirmative determination this paragraph that were entered, or CFR 351.205(d), Commerce will instruct of critical circumstances, any withdrawn from warehouse, for CBP to require a cash deposit equal to suspension of liquidation shall apply to consumption on or after the date which the estimated weighted-average unliquidated entries of subject is 90 days before the publication of this dumping margin or the estimated all- merchandise entered, or withdrawn notice. others rate, as follows: (1) The cash from warehouse, for consumption on or Commerce normally adjusts cash deposit rate for the respondents listed after the later of (a) the date which is 90 deposits for estimated antidumping above will be equal to the company- days before the date on which the duties by the amount of export subsidies specific estimated weighted-average suspension of liquidation was first countervailed in a companion dumping margins determined in this ordered, or (b) the date on which notice countervailing duty (CVD) proceeding, preliminary determination; (2) if the of initiation of the investigation was when CVD provisional measures are in exporter is not a respondent identified published. As noted above, Commerce effect. Accordingly, where Commerce above, but the producer is, then the cash preliminarily finds that critical preliminarily made an affirmative

6 Commerce preliminarily determines, pursuant USA, Inc. (Viraj USA) are affiliated, and, pursuant Limited, Echjay Forging Industries Private Limited, to section 771(33)(A) and (F) of the Act, that Echjay to 19 CFR 351.401(f), that these companies should and Spire Industries Pvt. Limited are a single entity. Forgings Pvt Limited, Echjay Industries Private be treated as a single entity (Bebitz/Viraj single See Preliminary Decision Memorandum. Limited, Echjay Forging Industries Private Limited, entity). See Preliminary Decision Memorandum. 10 See Chandan Calculation Memorandum. and Spire Industries Pvt. Limited are affiliated, and, 8 See Memorandum, ‘‘Calculations Performed for 11 pursuant to 19 CFR 351.401(f), that these companies Commerce preliminarily determines that Bebitz should be treated as a single entity (Echjay single Chandan Steel Limited for the Preliminary Flanges Works Private Limited, Viraj Profiles entity). See Preliminary Decision Memorandum. Determination in the Antidumping Duty Limited (Viraj), Flanschen werk Bebitz GmbH 7 Commerce preliminarily determines, pursuant Investigation of Stainless Steel Flanges from India,’’ (FBG), Bebitz USA, Inc. (Bebitz USA), and Viraj dated concurrently with this notice (Chandan to section 771(33)(A) and (F) of the Act, that Bebitz USA, Inc. (Viraj USA) are a single entity. See Calculation Memorandum). Flanges Works Private Limited, Viraj Profiles Preliminary Decision Memorandum. Limited (Viraj), Flanschen werk Bebitz GmbH 9 Commerce preliminarily determines that Echjay 12 See Chandan Calculation Memorandum. (FBG), Bebitz USA, Inc. (Bebitz USA), and Viraj Forgings Pvt Limited, Echjay Industries Private

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determination for countervailable export the deadline date for case briefs.13 significant proportion of exports of the subsidies, Commerce has offset the Pursuant to 19 CFR 351.309(c)(2) and subject merchandise; and (3) no estimated weighted-average dumping (d)(2), parties who submit case briefs or compelling reasons for denial exist, margin by the appropriate CVD rate. rebuttal briefs in this investigation are Commerce is postponing the final Any such adjusted cash deposit rate encouraged to submit with each determination and extending the may be found in the Preliminary argument: (1) A statement of the issue; provisional measures from a four-month Determination section above. (2) a brief summary of the argument; period to a period not greater than six Should provisional measures in the and (3) a table of authorities. months. Accordingly, Commerce will companion CVD investigation expire Pursuant to 19 CFR 351.310(c), make its final determination no later prior to the expiration of provisional interested parties who wish to request a than 135 days after the date of measures in this LTFV investigation, hearing, limited to issues raised in the publication of this preliminary Commerce will direct CBP to begin case and rebuttal briefs, must submit a determination. collecting estimated antidumping duty written request to the Assistant Secretary for Enforcement and International Trade Commission cash deposits unadjusted for Notification countervailed export subsidies at the Compliance, U.S. Department of time that the provisional CVD measures Commerce, within 30 days after the date In accordance with section 733(f) of expire. of publication of this notice. Requests the Act, Commerce will notify the These suspension of liquidation should contain the party’s name, International Trade Commission (ITC) of instructions will remain in effect until address, and telephone number, the its preliminary determination. If the further notice. number of participants, whether any final determination is affirmative, the participant is a foreign national, and a ITC will determine before the later of Disclosure list of the issues to be discussed. If a 120 days after the date of this Commerce intends to disclose its request for a hearing is made, Commerce preliminary determination or 45 days calculations and analysis performed to intends to hold the hearing at the U.S. after the final determination whether interested parties in this preliminary Department of Commerce, 1401 these imports are materially injuring, or determination within five days of any Constitution Avenue NW, Washington, threaten material injury to, the U.S. public announcement or, if there is no DC 20230, at a time and date to be industry. determined. Parties should confirm by public announcement, within five days Notification to Interested Parties of the date of publication of this notice telephone the date, time, and location of This determination is issued and in accordance with 19 CFR 351.224(b). the hearing two days before the scheduled date. published in accordance with sections Verification 733(f) and 777(i)(1) of the Act and 19 Postponement of Final Determination CFR 351.205(c). As provided in section 782(i)(1) of the and Extension of Provisional Measures Act, Commerce intends to verify the Dated: March 19, 2018. Section 735(a)(2) of the Act provides information relied upon for Chandan in Gary Taverman, that a final determination may be making its final determination. postponed until not later than 135 days Deputy Assistant Secretary for Antidumping However, because the Bebitz/Viraj and Countervailing Duty Operations, after the date of the publication of the single entity and the Echjay single entity performing the non-exclusive functions and preliminary determination if, in the did not provide information requested duties of the Assistant Secretary for event of an affirmative preliminary by Commerce, and Commerce Enforcement and Compliance. determination, a request for such preliminarily determines that these postponement is made by exporters who Appendix I examined respondents to have been account for a significant proportion of uncooperative within the meaing of Scope of the Investigation exports of the subject merchandise, or in section 776(b) of the Act, we will not the event of a negative preliminary The products covered by this investigation conduct verification of the Bebitz/Viraj are certain forged stainless steel flanges, determination, a request for such single entity and the Echjay single whether unfinished, semi-finished, or postponement is made by the petitioner. entity. finished (certain forged stainless steel Section 351.210(e)(2) of Commerce’s flanges). Certain forged stainless steel flanges Public Comment regulations requires that a request by are generally manufactured to, but not exporters for postponement of the final limited to, the material specification of Case briefs or other written comments determination be accompanied by a ASTM/ASME A/SA182 or comparable on Chandan may be submitted to the request for extension of provisional domestic or foreign specifications. Certain Assistant Secretary for Enforcement and measures from a four-month period to a forged stainless steel flanges are made in Compliance no later than seven days period not more than six months in various grades such as, but not limited to, after the date on which the last 304, 304L, 316, and 316L (or combinations duration. verification report on Chandan is issued thereof). The term ‘‘stainless steel’’ used in On February 12 and 21, 2018, the in this investigation. For issues related this scope refers to an alloy steel containing, Bebitz/Viraj single entity and the Echjay to the Bebitz/Viraj single entity and the by actual weight, 1.2 percent or less of carbon single entity requested that Commerce and 10.5 percent or more of chromium, with Echjay single entity, because we are not postpone the final determination and or without other elements. verifying these companies, case briefs or that provisional measures be extended Unfinished stainless steel flanges possess other written comments may be to a period not to exceed six months. In the approximate shape of finished stainless submitted to the Assistant Secretary for accordance with section 735(a)(2)(A) of steel flanges and have not yet been machined Enforcement and Compliance no later to final specification after the initial forging the Act and 19 CFR 351.210(b)(2)(ii), than 50 days after the date of or like operations. These machining because: (1) The preliminary publication of the preliminary processes may include, but are not limited to, determination is affirmative; (2) the determination, unless Commerce alters boring, facing, spot facing, drilling, tapering, requesting exporter(s) account(s) for a threading, beveling, heating, or compressing. the time limit. Rebuttal briefs, limited to Semi-finished stainless steel flanges are issues raised in case briefs, may be 13 See 19 CFR 351.309; see also 19 CFR 351.303 unfinished stainless steel flanges that have submitted no later than five days after (for general filing requirements). undergone some machining processes.

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The scope includes six general types of 2. Test of Comparison Market Sales Prices summary of the events that occurred flanges. They are: (1) Weld neck, generally 3. Results of the COP Test since Commerce published the used in butt-weld line connection; (2) D. Calculation of NV Based on Comparison Preliminary Determination, as well as a threaded, generally used for threaded line Market Prices full discussion of the issues raised by connections; (3) slip-on, generally used to XIII. Critical Circumstances parties for this final determination, may slide over pipe; (4) lap joint, generally used XIV. Currency Conversion with stub-ends/butt-weld line connections; XV. Conclusion be found in the Issues and Decision (5) socket weld, generally used to fit pipe Memorandum, which is hereby adopted into a machine recession; and (6) blind, [FR Doc. 2018–06152 Filed 3–27–18; 8:45 am] by this notice.3 generally used to seal off a line. The sizes BILLING CODE 3510–DS–P and descriptions of the flanges within the Scope of the Investigation scope include all pressure classes of ASME The scope of the investigation covers B16.5 and range from one-half inch to DEPARTMENT OF COMMERCE wire rod from Turkey. For a complete twenty-four inches nominal pipe size. description of the scope of the Specifically excluded from the scope of this International Trade Administration investigation, see Appendix I. investigation are cast stainless steel flanges. Cast stainless steel flanges generally are [A–489–831] Scope Comments manufactured to specification ASTM A351. The country of origin for certain forged Carbon and Alloy Steel Wire Rod From During the course of this stainless steel flanges, whether unfinished, Turkey: Final Determination of Sales at investigation, Commerce received semi-finished, or finished is the country Less Than Fair Value and Final numerous scope comments from where the flange was forged. Subject Negative Determination of Critical interested parties. Prior to the merchandise includes stainless steel flanges Circumstances Preliminary Determination, Commerce as defined above that have been further issued a Preliminary Scope Decision processed in a third country. The processing AGENCY: Enforcement and Compliance, Memorandum to address these includes, but is not limited to, boring, facing, International Trade Administration, comments and made no changes to the spot facing, drilling, tapering, threading, Department of Commerce. scope of the investigation as it appeared beveling, heating, or compressing, and/or any SUMMARY: The Department of Commerce 4 other processing that would not otherwise in the Initiation Notice. remove the merchandise from the scope of (Commerce) determines that carbon and In September 2017, we received scope the investigation if performed in the country alloy steel wire rod (wire rod) from case and rebuttal briefs. On November of manufacture of the stainless steel flanges. Turkey is being, or is likely to be, sold 20, 2017, we issued the Final Scope Merchandise subject to the investigation is in the United States at less than fair Decision Memorandum in response to typically imported under headings value during the period of investigation the comments received.5 We did not 7307.21.1000 and 7307.21.5000 of the (POI) is January 1, 2016, through change the scope of this investigation. Harmonized Tariff Schedule of the United December 31, 2016. States (HTSUS). While HTSUS subheadings Analysis of Comments Received DATES: Applicable March 28, 2018. and ASTM specifications are provided for All issues raised in the case and convenience and customs purposes, the FOR FURTHER INFORMATION CONTACT: rebuttal briefs by parties in this written description of the scope is Ryan Mullen or Ian Hamilton, AD/CVD dispositive. investigation are addressed in the Issues Operations, Office V, Enforcement and and Decision Memorandum. A list of Compliance, International Trade Appendix II the issues raised is attached to this Administration, U.S. Department of notice as Appendix II. The Issues and Commerce, 1401 Constitution Avenue List of Topics Discussed in the Preliminary Decision Memorandum is a public Decision Memorandum NW, Washington, DC 20230; telephone: document and is on file electronically (202) 482–5260 and (202) 482–4798, via Enforcement and Compliance’s I. Summary respectively. II. Background Antidumping and Countervailing Duty III. Period of Investigation SUPPLEMENTARY INFORMATION: IV. Scope Comments exclusive functions and duties of the Assistant V. Selection of Voluntary Respondent Background Secretary for Enforcement and Compliance, VI. Affiliation and Collapsing ‘‘Deadlines Affected by the Shutdown of the On October 31, 2017, Commerce Federal Government’’, dated January 23, 2018. All A. Bebitz/Viraj Single Entity published the Preliminary B. Echjay Single Entity deadlines in this segment of the proceeding have 1 been extended by 3 days. VII. Application of Facts Available and Use Determination in the Federal Register. Commerce exercised its discretion to 3 See Memorandum, ‘‘Issues and Decision of Adverse Inference Memorandum for the Final Affirmative A. Application of Facts Available to toll all deadlines affected by the closure Determination in the Less-Than-Fair-Value Bebitz/Viraj Single Entity of the Federal Government from January Investigation of Carbon and Alloy Steel Wire Rod B. Application of Facts Available to Echjay 20 through 22, 2018. If the new deadline from Turkey,’’ dated concurrently with, and hereby Single Entity falls on a non-business day, in adopted by, this notice (Issues and Decision C. Selection and Corroboration of the AFA accordance with Commerce’s practice, Memorandum). 4 For discussion of these comments, see Rate the deadline will become the next VIII. Discussion of the Methodology Memorandum, ‘‘Carbon and Alloy Steel Wire Rod A. Determination of the Comparison business day. The revised deadline for from Belarus, Italy, the Republic of Korea, the Russian Federation, South Africa, Spain, the Method the final determination of this 2 Republic of Turkey, Ukraine, the United Arab B. Results of the Differential Pricing investigation is now March 19, 2018. A Emirates, and the United Kingdom: Scope Analysis Comments Decision Memorandum for the IX. Date of Sale 1 See Carbon and Alloy Steel Wire Rod from Preliminary Determination’’ (Preliminary Scope X. Product Comparisons Turkey: Preliminary Affirmative Determination of Decision Memorandum), dated August 7, 2017. XI. Export Price and Constructed Export Sales at Less Than Fair Value, and Preliminary 5 For discussion of these comments, see Price Negative Determination of Critical Circumstances, Memorandum, ‘‘Carbon and Alloy Steel Wire Rod 82 FR 50377 (October 31, 2017) (Preliminary XII. Normal Value from Belarus, Italy, the Republic of Korea, the Determination) and accompanying Preliminary Russian Federation, South Africa, Spain, the A. Home Market Viability Decision Memorandum. Republic of Turkey, Ukraine, the United Arab B. Level of Trade 2 See Memorandum for The Record from Emirates, and the United Kingdom: Final Scope C. Cost of Production (COP) Analysis Christian Marsh, Deputy Assistant Secretary for Memorandum’’ (Final Scope Decision 1. Calculation of COP Enforcement and Compliance, performing the non- Memorandum), dated November 20, 2017.

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Centralized Electronic Service System Changes Since the Preliminary entirely on facts otherwise available. (ACCESS). ACCESS is available to Determination Commerce calculated the all-others rate registered users at https:// Based on our analysis of the using a simple average of the estimated access.trade.gov, and it is available to comments received and our findings at weighted-average dumping margins all parties in the Central Records Unit, verification, we made certain changes to calculated for the examined Room B–8024 of the main Department the margin calculations for Habas and respondents.7 of Commerce building. In addition, a Icdas. For a discussion of these changes, Final Negative Determination of complete version of the Issues and see the ‘‘Margin Calculations’’ section of Decision Memorandum can be accessed the Issues and Decision Memorandum. Critical Circumstances directly at http://enforcement.trade.gov/ For the Preliminary Determination, frn/index.html. The signed and All-Others Rate Commerce found that critical electronic versions of the Issues and Section 735(c)(5)(A) of the Act Decision Memorandum are identical in provides that the estimated all-others circumstances do not exist with respect content. rate shall be an amount equal to the to imports of wire rod from Habas, weighted average of the estimated Icdas, and all-other exporters/producers Verification 8 weighted-average dumping margins covered by the ‘‘all others’’ rate. We As provided in section 782(i) of the established for exporters and producers did not modify our critical Tariff Act of 1930, as amended, (the Act) individually investigated excluding any circumstances findings for the final in November 2017 and February 2018, zero or de minimis margins, and determination. Thus, pursuant to we conducted verification of the sales margins determined entirely under section 735(a)(3) of the Act, and 19 CFR and cost information submitted by section 776 of the Act. Therefore, for 351.206(h)(1)–(2), we continue to find Habas Sinai ve Tibbi Gazlar Istihsal purposes of determining the ‘‘all-others’’ that critical circumstances do not exist Endustrisi A.S. (Habas) and Icdas Celik rate and pursuant to section 735(c)(5)(A) with respect to subject merchandise Enerji Tersane ve Ulasim Sanayi A.S. of the Act, we are using the dumping produced or exported by Habas, Icdas, (Icdas) for use in our final margins calculated for Habas and Icdas, and ‘‘all others.’’ determination. We used standard as referenced in the ‘‘Final verification procedures, including an Determination’’ section below. Final Determination examination of relevant accounting and In this investigation, Commerce The final weighted-average dumping production records, and original source calculated estimated weighted-average margins are as follows: documents provided by Habas and dumping margins for Habas and Icdas Icdas.6 that are not zero, de minimis or based

Weighted- Cash deposit average rate adjusted Exporter/manufacturer dumping for subsidy margins offset

Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi ...... 4.74 0.87 Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S...... 7.94 4.15 All Others ...... 6.34 2.51

Disclosure wire rod from Turkey, as described in made an affirmative determination for We will disclose the calculations Appendix I of this notice, which were countervailable export subsidies, performed within five days of the date entered, or withdrawn from warehouse, Commerce offset the estimated of public announcement of this notice to for consumption on or after October 31, weighted-average dumping margin by parties in this proceeding in accordance 2017, the date of publication of the the appropriate CVD rate. The adjusted with 19 CFR 351.224(b). preliminary determination of this cash deposit rate may be found in the investigation in the Federal Register. Final Determination section above. Continuation of Suspension of Commerce normally adjusts cash Liquidation Further, Commerce will instruct CBP deposits for estimated antidumping to require a cash deposit equal to the In accordance with section duties by the amount of export subsidies estimated amount by which the normal 735(c)(1)(B) of the Act, Commerce will countervailed in a companion value exceeds the U.S. price as shown instruct U.S. Customs and Border countervailing duty (CVD) proceeding, above. Protection (CBP) to continue to suspend when CVD provisional measures are in liquidation of all appropriate entries of effect. Accordingly, where Commerce

6 For discussion of our verification findings, see Antidumping Duty Investigation of Certain Carbon then compares (B) and (C) to (A) and selects the rate the following memoranda: Memorandum, and Alloy Steel Wire Rod from Turkey,’’ dated closest to (A) as the most appropriate rate for all ‘‘Antidumping Duty Investigation of Certain Carbon February 12, 2018. other producers and exporters. See Ball Bearings and Alloy Steel Wire Rod from Turkey: Verification 7 With two respondents under examination, and Parts Thereof from France, Germany, Italy, of Habas Sinai Ve Tibbi Gazlar Istih,’’ dated Commerce normally calculates (A) a weighted Japan, and the United Kingdom: Final Results of February 14, 2018; Memorandum, ‘‘Verification of average of the estimated weighted-average dumping Antidumping Duty Administrative Reviews, Final Icdas Celik Enerji Tersane ve Ulasim A.S., in the Results of Changed-Circumstances Review, and Antidumping Duty Investigation of Certain Carbon margins calculated for the examined respondents; Revocation of an Order in Part, 75 FR 53661, 53663 and Alloy Steel Wire Rod from Turkey,’’ dated (B) a simple average of the estimated weighted- February 14, 2018; Memorandum, ‘‘Verification of average dumping margins calculated for the (September 1, 2010). For a complete analysis of the Habas Sinai Ve Tibbi Gazlar Istih, in the examined respondents; and (C) a weighted average data, please see the All-Others’ Rate Calculation Antidumping Duty Investigation of Certain Carbon of the estimated weighted-average dumping margins Memorandum, dated concurrently with this notice. and Alloy Steel Wire Rod from Turkey,’’ dated calculated for the examined respondents using each 8 See Preliminary Determination, 82 FR at 50377, February 12, 2018; Memorandum, ‘‘Verification of company’s publicly-ranged U.S. sale quantities for and accompanying Preliminary Decision Icdas Celik Enerji Tersane ve Ulasim A.S., in the the merchandise under consideration. Commerce Memorandum, at 18–21.

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International Trade Commission (ITC) (also known as free machining steel) 12. Whether Commerce Should Accept a Notification products (i.e., products that contain by Correction of a Clerical Error in the By- weight one or more of the following Product Adjustment Rate Financial In accordance with section 735(d) of elements: 0.1 percent or more of lead, 0.05 Expense Ratio the Act, we will notify the ITC of the percent or more of bismuth, 0.08 percent or 13. Whether Commerce Should Grant final affirmative determination of sales more of sulfur, more than 0.04 percent of Icdas’ Request To Correct Manufacturer at LTFV. Because the final phosphorous, more than 0.05 percent of Identification Codes determination in this proceeding is selenium, or more than 0.01 percent of VIII. Adjustment to Cash Deposit Rate for affirmative, in accordance with section tellurium). All products meeting the physical Export Subsidies 735(b)(2) of the Act, the ITC will make description of subject merchandise that are IX. Recommendation not specifically excluded are included in this its final determination as to whether the scope. [FR Doc. 2018–06136 Filed 3–27–18; 8:45 am] domestic industry in the United States The products under investigation are BILLING CODE 3510–DS–P is materially injured, or threatened with currently classifiable under subheadings material injury, by reason of imports of 7213.91.3011, 7213.91.3015, 7213.91.3020, wire rod from Turkey no later than 45 7213.91.3093; 7213.91.4500, 7213.91.6000, DEPARTMENT OF COMMERCE days after our final determination. If the 7213.99.0030, 7227.20.0030, 7227.20.0080, ITC determines that material injury or 7227.90.6010, 7227.90.6020, 7227.90.6030, International Trade Administration threat of material injury does not exist, and 7227.90.6035 of the HTSUS. Products entered under subheadings 7213.99.0090 and [C–533–868] the proceeding will be terminated and 7227.90.6090 of the HTSUS also may be all cash deposits will be refunded. If the included in this scope if they meet the Welded Stainless Pressure Pipe From ITC determines that such injury does physical description of subject merchandise India: Rescission of Countervailing exist, Commerce will issue an above. Although the HTSUS subheadings are Duty Administrative Review; 2016 antidumping duty order directing CBP provided for convenience and customs to assess, upon further instruction by purposes, the written description of the AGENCY: Enforcement and Compliance, Commerce, antidumping duties on all scope of this proceeding is dispositive. International Trade Administrative, imports of the subject merchandise Department of Commerce. Appendix II entered, or withdrawn from warehouse, SUMMARY: The Department of Commerce for consumption on or after the effective List of Topics Discussed in the Issues and (Commerce) is rescinding the date of the suspension of liquidation. Decision Memorandum administrative review of the Notification Regarding Administrative I. Summary countervailing duty order on welded Protective Orders (APO) II. Background stainless pressure pipe (WSPP) from III. Critical Circumstances India covering the period March 11, This notice serves as a reminder to IV. Scope of the Investigation 2016, through December 31, 2016. parties subject to APO of their V. Scope Comments DATES: Applicable March 28, 2018. responsibility concerning the VI. Margin Calculations disposition of proprietary information VII. Discussion of the Issues FOR FURTHER INFORMATION CONTACT: disclosed under APO in accordance General Keith A. Haynes or Laurel LaCivita at with 19 CFR 351.305(a)(3). Timely 1. Whether Respondents’ Duty Drawback AD/CVD Operations, Office III, notification of the return or destruction Adjustment Should Be Granted as Enforcement & Compliance, of APO materials, or conversion to Reported and How To Calculate Any International Trade Administration, Adjustment Department of Commerce, 1401 judicial protective order, is hereby Habas requested. Failure to comply with the 2. Whether Habas’ U.S. Date of Sale Is Constitution Avenue NW, Washington, regulations and the terms of an APO is Contract Date or Invoice Date DC 20230; telephone: (202) 482–5139 or a sanctionable violation. 3. Whether Habas’ Zero-Interest Loans (202) 482–4243, respectively. This determination and this notice are Reflect Commercial Reality SUPPLEMENTARY INFORMATION: issued and published pursuant to 4. Whether Habas’ Home Market Credit sections 735(d) and 777(i)(1) of the Act. Expenses Should Be Recalculated To Background Reflect the Period From Shipment to On January 11, 2018, based on a Dated: March 19, 2018. Payment Gary Taverman, 5. Whether To Recalculate Habas’ Billet timely request by Sunrise Stainless Deputy Assistant Secretary for Antidumping Cost To Account for Yield Loss Private Limited, Sun Mark Stainless Pvt. and Countervailing Duty Operations, 6. Whether Habas’ Broken Billets Should Ltd., and Shah Foils Ltd. (collectively, performing the non-exclusive functions and Be Valued at Scrap Prices Sunrise Group), and Hindustan Inox duties of the Assistant Secretary for Icdas Ltd., Commerce published in the Enforcement and Compliance. 7. Whether Icdas’ U.S. Date of Sale Is Federal Register a notice of initiation of Contract Date or Invoice Date an administrative review of the Appendix I 8. Whether the Application of Partial countervailing duty order on WSPP Adverse Facts Available (AFA) Is Scope of the Investigation Warranted for Icdas’ Reporting of U.S. from India with respect to two Sales companies, Sunrise Group and The products covered by this investigation 1 are certain hot-rolled products of carbon steel 9. Whether Commerce Should Calculate a Hindustan Inox Ltd. On January 19, and alloy steel, in coils, of approximately Domestic Inland Freight Adjustment for 2018, and February 3, 2018, pursuant to round cross section, less than 19.00 mm in Icdas’ U.S. Sales 19 CFR 351.213(d)(1), Sunrise Group actual solid cross-sectional diameter. 10. Whether Commerce Should Disregard and Hindustan Inox Ltd., respectively, Specifically excluded are steel products Icdas’ Reported Cost of Inland Freight timely withdrew their requests for an possessing the above-noted physical Charged by Third Party Providers in Its Home Market Sales Database Home characteristics and meeting the Harmonized 1 Market Freight Expenses See Initiation of Antidumping and Tariff Schedule of the United States (HTSUS) Countervailing Duty Administrative Reviews, 83 FR definitions for (a) stainless steel; (b) tool 11. Whether Commerce Should Include an 1329 (January 11, 2018); see also amendment to the steel; (c) high-nickel steel; (d) ball bearing Offset for Rental Income From Icdas initiation published in Initiation of Antidumping steel; or (e) concrete reinforcing bars and Electrik in Calculating Icdas’ G&A Rate and Countervailing Duty Administrative Reviews, rods. Also excluded are free cutting steel Ministerial Error in the Cost Test for OTS 83 FR 11685 (March 16, 2018).

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administrative review.2 No other party Administrative Protective Orders SUPPLEMENTARY INFORMATION: requested a review of this order. This notice also serves as the only Background Commerce exercised its discretion to reminder to parties subject to On October 31, 2017, Commerce toll all deadlines affected by the closure administrative protective order (APO) of published the Preliminary of the Federal Government from January their responsibility concerning the Determination of sales at LTFV of wire 20 through 22, 2018. If the new deadline return or destruction of proprietary rod from the United Kingdom.1 falls on a non-business day, in information disclosed under APO, in Commerce exercised its discretion to accordance with Commerce’s practice, accordance with 19 CFR 351.305, which toll all deadlines affected by the closure the deadline will become the next continues to govern business of the Federal Government from January 3 business day. proprietary information in this segment 20 through 22, 2018. If the new deadline of the proceeding. Timely written Rescission of Administrative Review falls on a non-business day, in notification of the return or destruction accordance with Commerce’s practice, Pursuant to 19 CFR 351.213(d)(1), of APO materials, or conversion to the deadline will become the next Commerce will rescind an judicial protective order, is hereby business day. The revised deadline for administrative review, in whole or in requested. Failure to comply with the the final determination of this part, if the party that requested the regulations and terms of an APO is a investigation is now March 19, 2018.2 A review withdraws the request within 90 violation which is subject to sanction. summary of the events that occurred days of the date of publication of the Notification to Interested Parties since Commerce published the notice of initiation of the requested Preliminary Determination, as well as a review. Sunrise Group and Hindustan This notice is issued and published in full discussion of the issues raised by Inox Ltd. withdrew their respective accordance with sections 751(a)(1) and parties for this final determination, may review requests by the 90-day deadline, 777(i)(1) of the Tariff Act of 1930, as be found in the Issues and Decision and no other parties requested an amended, and 19 CFR 351.213(d)(4). Memorandum, which is hereby adopted administrative review of this order. Dated: March 22, 2018. by this notice.3 Therefore, we are rescinding the James Maeder, Scope of the Investigation administrative review of the Associate Deputy Assistant Secretary for countervailing duty order on WSPP Antidumping and Countervailing Duty The scope of the investigation covers from India covering the period March Operations performing the duties of Deputy wire rod from the United Kingdom. For 11, 2016, to December 31, 2016, in its Assistant Secretary for Antidumping and a complete description of the scope of entirety. Countervailing Duty Operations. the investigation, see Appendix I. [FR Doc. 2018–06150 Filed 3–27–18; 8:45 am] Scope Comments Assessment BILLING CODE 3510–DS–P During the course of this Commerce will instruct U.S. Customs investigation, Commerce received and Border Protection (CBP) to assess DEPARTMENT OF COMMERCE numerous scope comments from countervailing duties on all appropriate interested parties. Prior to the entries. Because Commerce is International Trade Administration Preliminary Determination, Commerce rescinding this administrative review in issued a Preliminary Scope Decision [A–412–826] its entirety, the entries to which this Memorandum to address these administrative review pertains shall be Carbon and Alloy Steel Wire Rod From comments and made no changes to the assessed countervailing duties that are the United Kingdom: Final Affirmative scope of the investigation as it appeared equal to the cash deposits of estimated 4 Determination of Sales at Less Than in the Initiation Notice. countervailing duties required at the Fair Value and Final Affirmative time of entry, or withdrawal from 1 Determination of Critical See Carbon and Alloy Steel Wire Rod from the warehouse, for consumption, in United Kingdom: Preliminary Affirmative Circumstances accordance with 19 CFR Determination of Sales at Less Than Fair Value and Preliminary Affirmative Determination of Critical 351.212(c)(1)(i). Commerce intends to AGENCY: Enforcement and Compliance, Circumstances, 82 FR 50394 (October 31, 2017) issue appropriate assessment International Trade Administration, (Preliminary Determination). instructions to CBP within 15 days after Department of Commerce 2 See Memorandum for The Record from the publication of this notice in the SUMMARY: The Department of Commerce Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the non- Federal Register. (Commerce) determines that carbon and exclusive functions and duties of the Assistant alloy steel wire rod (wire rod) from the Secretary for Enforcement and Compliance, 2 See Sunrise Group’s Letter, ‘‘Welded Stainless United Kingdom is being, or is likely to ‘‘Deadlines Affected by the Shutdown of the Pressure Pipe from India from India: Withdrawal of be, sold in the United States at less than Federal Government’’, dated January 23, 2018. All Request for Administrative Review of deadlines in this segment of the proceeding have Countervailing Duty of Sunrise Stainless Private fair value (LTFV). In addition, we been extended by 3 days. Limited, Sun Mark Stainless Pvt. Ltd., and Shah determine that critical circumstances 3 See Memorandum, ‘‘Issues and Decision Foils Ltd.,’’ dated January 19, 2018; see also exist with respect to imports of the Memorandum for the Final Affirmative Hindustan Inox Ltd.’s Letter, ‘‘Welded Stainless subject merchandise. The period of Determination in the Less-Than-Fair-Value Pressure Pipe from India: Withdrawal of Request for Investigation of Carbon and Alloy Steel Wire Rod Administrative Review of Countervailing Duty of investigation is January 1, 2016, through from the United Kingdom,’’ dated concurrently Hindustan Inox Ltd.,’’ dated February 3, 2018. December 31, 2016. with, and hereby adopted by, this notice (Issues and 3 See Memorandum for The Record from DATES: Applicable March 28, 2018. Decision Memorandum). 4 Christian Marsh, Deputy Assistant Secretary for FOR FURTHER INFORMATION CONTACT: For discussion of these comments, see Enforcement and Compliance, performing the non- Memorandum, ‘‘Carbon and Alloy Steel Wire Rod exclusive functions and duties of the Assistant Alice Maldonado, AD/CVD Operations, from Belarus, Italy, the Republic of Korea, the Secretary for Enforcement and Compliance, Office II, Enforcement and Compliance, Russian Federation, South Africa, Spain, the ‘‘Deadlines Affected by the Shutdown of the International Trade Administration, Republic of Turkey, Ukraine, the United Arab Federal Government’’ (Tolling Memorandum), Emirates, and the United Kingdom: Scope dated January 23, 2018. All deadlines in this U.S. Department of Commerce, 1401 Comments Decision Memorandum for the segment of the proceeding have been extended by Constitution Avenue NW, Washington, Preliminary Determination’’ (Preliminary Scope 3 days. DC 20230; telephone: (202) 482–4682. Decision Memorandum), dated August 7, 2017.

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In September 2017, we received scope Commerce received no comments the ‘‘all others’’ rate.7 We made no case and rebuttal briefs. On November regarding its preliminary application of changes to our critical circumstances 20, 2017, we issued the Final Scope an AFA dumping margin to Longs Steel. preliminary determination. For further Decision Memorandum in response to For the final determination, Commerce discussion, see the Issues and Decision the comments received.5 We did not has not altered its analysis or its Memorandum at ‘‘Critical change the scope of this investigation. decision to apply AFA to Longs Steel. Circumstances.’’ Thus, pursuant to section 735(a)(3) of the Act, and 19 CFR Analysis of Comments Received Additionally, due to British Steel’s 351.206, we find that critical All issues raised in the case and withdrawal from participation in this circumstances exist with respect to rebuttal briefs by parties in this investigation prior to verification, we subject merchandise produced or investigation are addressed in the Issues determine that British Steel’s data exported by British Steel, Longs Steel, and Decision Memorandum. A list of cannot serve as a reliable basis for and ‘‘all others.’’ the issues raised is attached to this reaching a determination in this notice as Appendix II. The Issues and investigation because that data could Final Determination Decision Memorandum is a public not be verified. We further determine Commerce determines that the document and is on file electronically that British Steel significantly impeded following estimated weighted-average via Enforcement and Compliance’s the investigation and did not act to the dumping margins exist: Antidumping and Countervailing Duty best of its ability to comply with our Centralized Electronic Service System requests for information. Therefore, we Estimated (ACCESS). ACCESS is available to weighted- also find it appropriate to apply an AFA average registered users at https:// dumping margin to British Steel. For Exporter/producer dumping access.trade.gov, and it is available to further discussion, see the Issues and margin (percent) all parties in the Central Records Unit, Decision Memorandum. room B–8024 of the main Department of Commerce building. In addition, a All-Others Rate British Steel Limited ...... 147.63 Longs Steel UK Limited ...... 147.63 complete version of the Issues and All-Others ...... 147.63 Decision Memorandum can be accessed Section 735(c)(5)(A) of the Act directly at http://enforcement.trade.gov/ provides that the estimated all-others Disclosure frn/index.html. The signed and rate shall be an amount equal to the electronic versions of the Issues and weighted average of the estimated We will disclose the calculations Decision Memorandum are identical in weighted-average dumping margins performed within five days of the date content. established for exporters and producers of publication of this notice to parties in individually investigated excluding any this proceeding in accordance with 19 Verification zero or de minimis margins, and CFR 351.224(b). British Steel Limited (British Steel) margins determined entirely under Continuation of Suspension of informed Commerce prior to verification section 776 of the Act. Pursuant to Liquidation that it was withdrawing from section 735(c)(5)(B) of the Act, if the For entries made by British Steel, participation as a mandatory respondent estimated weighted-average dumping in this investigation.6 Accordingly, Longs Steel, and companies covered by margins established for all exporters and the ‘‘all others’’ rate, in accordance with Commerce was unable to conduct producers individually examined are verification under section 782(i)(1) of section 735(c)(4)(B) of the Act, because zero, de minimis or determined based the Act. Moreover, Commerce we continue to find that critical entirely under section 776 of the Act, determines that British Steel, by circumstances exist, we will instruct Commerce may use any reasonable refusing to allow Commerce to verify its CBP to continue to suspend liquidation questionnaire responses, did not method to establish the estimated of all appropriate entries of wire rod cooperate to the best of its ability in this dumping margin for all other producers from the United Kingdom which were investigation. or exporters. This includes averaging entered, or withdrawn from warehouse, the weighted-average dumping margins for consumption on or after August 2, Adverse Facts Available for the individually investigated 2017, which is 90 days prior to the date In the Preliminary Determination, respondents. of publication of the preliminary because mandatory respondent Longs As noted above, British Steel and determination of this investigation in Steel UK Limited (Longs Steel) failed to Longs Steel are the sole mandatory the Federal Register. respond to Commerce’s questionnaire, respondents in this proceeding, and the Commerce will instruct CBP to require a cash deposit equal to the we applied adverse facts available margins for both companies are estimated amount by which the normal (AFA) to this respondent, in accordance determined entirely under section 776 with sections 776(a) and (b) of the Act value exceeds the U.S. price as shown of the Act. Consequently, consistent and 19 CFR 351.308. above. with section 735(c)(5)(B) of the Act, we International Trade Commission (ITC) 5 For discussion of these comments, see are using the margin determined for Memorandum, ‘‘Carbon and Alloy Steel Wire Rod British Steel and Longs Steel as the ‘‘all- Notification from Belarus, Italy, the Republic of Korea, the others’’ rate. This rate is 147.63 percent. In accordance with section 735(d) of Russian Federation, South Africa, Spain, the the Act, we will notify the ITC of the Republic of Turkey, Ukraine, the United Arab Final Affirmative Determination of final affirmative determination of sales Emirates, and the United Kingdom: Final Scope Critical Circumstances Memorandum’’ (Final Scope Decision at LTFV. Because the final Memorandum), dated November 20, 2017. For the Preliminary Determination, determination in this proceeding is 6 See British Steel’s Letter, ‘‘Carbon and Certain affirmative, in accordance with section Alloy Steel Wire Rod from the United Kingdom: Commerce found that critical British Steel’s Withdrawal from Participation as a circumstances exist with respect to Mandatory Respondent in the Antidumping imports of wire rod from British Steel, 7 See Preliminary Determination, and Investigation,’’ dated November 1, 2017 (British accompanying Preliminary Decision Memorandum, Steel Withdrawal Letter). Longs Steel, and companies covered by at 23–24.

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735(b)(2) of the Act, the ITC will make selenium, or more than 0.01 percent of Background its final determination as to whether the tellurium). All products meeting the physical description of subject merchandise that are On October 4, 2017, Commerce domestic industry in the United States published in the Federal Register a is materially injured, or threatened with not specifically excluded are included in this scope. notice of opportunity to request an material injury, by reason of imports of The products under investigation are administrative review of the wire rod from the United Kingdom, no currently classifiable under subheadings antidumping duty order on electrolytic later than 45 days after our final 7213.91.3011, 7213.91.3015, 7213.91.3020, manganese dioxide from China for the determination. If the ITC determines 7213.91.3093, 7213.91.4500, 7213.91.6000, POR October 1, 2016, through that material injury or threat of material 7213.99.0030, 7227.20.0030, 7227.20.0080, September 30, 2017.1 On October 31, injury does not exist, the proceeding 7227.90.6010, 7227.90.6020, 7227.90.6030, 2017, in accordance with section 751(a) and 7227.90.6035 of the HTSUS. Products will be terminated and all cash deposits of the Tariff Act of 1930, as amended will be refunded. If the ITC determines entered under subheadings 7213.99.0090 and 7227.90.6090 of the HTSUS also may be (the Act), and 19 CFR 351.213(b), that such injury does exist, Commerce included in this scope if they meet the Duracell, Inc. (the petitioner), requested will issue an antidumping duty order physical description of subject merchandise a review of the order with respect to directing CBP to assess, upon further above. Although the HTSUS subheadings are Shenzhen Pengcheng South Industry instruction by Commerce, antidumping provided for convenience and customs and Trade Co., Ltd. (Shenzhen duties on all imports of the subject purposes, the written description of the Pengcheng).2 On December 7, 2017, in merchandise entered, or withdrawn scope of this proceeding is dispositive. accordance with section 751(a) of the from warehouse, for consumption on or Appendix II Act and 19 CFR 351.221(c)(1)(i), after the effective date of the suspension Commerce initiated an administrative of liquidation. List of Topics Discussed in the Issues and review of the antidumping duty order Decision Memorandum Notification Regarding Administrative on electrolytic manganese dioxide from I. Summary 3 Protective Orders (APO) China with respect to this company. II. Background On February 5, 2018, Duracell timely III. Application of Facts Available and Use of This notice serves as a reminder to withdrew its request for an parties subject to administrative Adverse Inference IV. Critical Circumstances administrative review of Shenzhen protective order (APO) of their 4 V. Scope of the Investigation Pengcheng. No other party requested a responsibility concerning the VI. Scope Comments review. disposition of proprietary information VII. Discussion of the Issues Commerce exercised its discretion to disclosed under APO in accordance Comment 1: Determination of Critical toll all deadlines affected by the closure with 19 CFR 351.305(a)(3). Timely Circumstances for British Steel of the Federal Government from January notification of the return or destruction VIII. Recommendation 20 through 22, 2018. If the new deadline of APO materials, or conversion to [FR Doc. 2018–06144 Filed 3–27–18; 8:45 am] falls on a non-business day, in judicial protective order, is hereby BILLING CODE 3510–DS–P accordance with Commerce’s practice, requested. Failure to comply with the the deadline will become the next regulations and the terms of an APO is business day.5 a sanctionable violation. DEPARTMENT OF COMMERCE This determination and this notice are Rescission of Review issued and published pursuant to International Trade Administration Pursuant to 19 CFR 351.213(d)(1), sections 735(d) and 777(i)(1) of the Act. [A–570–919] Commerce will rescind an Dated: March 19, 2018. administrative review, in whole or in part, if the party that requested the Gary Taverman, Electrolytic Manganese Dioxide From the People’s Republic of China: review withdraws its request within 90 Deputy Assistant Secretary for Antidumping days of the publication date of the and Countervailing Duty Operations, Rescission of Antidumping Duty performing the non-exclusive functions and Administrative Review; 2016–2017 notice of initiation of the requested duties of the Assistant Secretary for review. Duracell withdrew its request AGENCY: Enforcement and Compliance, Enforcement and Compliance. International Trade Administration, 1 See Antidumping or Countervailing Duty Order, Appendix I Department of Commerce. Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 82 FR 46217 Scope of the Investigation SUMMARY: The Department of Commerce (Commerce) is rescinding the (October 4, 2017). The products covered by this investigation 2 See Letter from Duracell, ‘‘Electrolytic are certain hot-rolled products of carbon steel administrative review of the Manganese Dioxide from the People’s Republic of and alloy steel, in coils, of approximately antidumping duty order on electrolytic China: Request for Administrative Review,’’ dated round cross section, less than 19.00 mm in manganese dioxide from the People’s October 31, 2017. 3 actual solid cross-sectional diameter. Republic of China (China) for the period See Initiation of Antidumping and Specifically excluded are steel products Countervailing Duty Administrative Reviews, 82 FR of review (POR) October 1, 2016, 57705 (December 7, 2017) (Initiation Notice). possessing the above-noted physical through September 30, 2017. 4 See Letter from Duracell, ‘‘Antidumping Duty characteristics and meeting the Harmonized DATES: Applicable March 28, 2018. Administrative Review of Electrolytic Manganese Tariff Schedule of the United States (HTSUS) FOR FURTHER INFORMATION CONTACT: Dioxide from the People’s Republic of China: definitions for (a) stainless steel; (b) tool Withdrawal of Request for Administrative Review,’’ steel; (c) high-nickel steel; (d) ball bearing Celeste Chen or Jeffrey Pedersen, AD/ dated February 5, 2018. steel; or (e) concrete reinforcing bars and CVD Operations, Office IV, Enforcement 5 See Memorandum for The Record from rods. Also excluded are free cutting steel and Compliance, International Trade Christian Marsh, Deputy Assistant Secretary for (also known as free machining steel) Administration, U.S. Department of Enforcement and Compliance, performing the non- products (i.e., products that contain by Commerce, 1401 Constitution Avenue exclusive functions and duties of the Assistant weight one or more of the following Secretary for Enforcement and Compliance, NW, Washington, DC 20230; telephone: ‘‘Deadlines Affected by the Shutdown of the elements: 0.1 percent or more of lead, 0.05 (202) 482–0890 or (202) 482–2769, Federal Government’’ (Tolling Memorandum), percent or more of bismuth, 0.08 percent or respectively. dated January 23, 2018. All deadlines in this more of sulfur, more than 0.04 percent of segment of the proceeding have been extended by phosphorous, more than 0.05 percent of SUPPLEMENTARY INFORMATION: 3 days.

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for review within the 90-day deadline. Dated: March 22, 2018. November 13, 2017, in accordance with Because Commerce received no other James Maeder, section 751(a) of the Act, Commerce requests for review of the above- Associate Deputy Assistant Secretary for published in the Federal Register a referenced company, and no other Antidumping and Countervailing Duty notice of initiation of administrative requests were made for a review of the Operations, performing the duties of Deputy review for this CVD order.3 On antidumping duty order on electrolytic Assistant Secretary for Antidumping and December 6, 2017, the petitioners timely manganese dioxide from China with Countervailing Duty Operations. withdrew, in full, their request for an respect to other companies, we are [FR Doc. 2018–06209 Filed 3–27–18; 8:45 am] administrative review.4 No other party rescinding the administrative review BILLING CODE 3510–DS–P requested a review.5 covering the period October 1, 2016, Commerce exercised its discretion to through September 30, 2017 in full, in toll all deadlines affected by the closure accordance with 19 CFR 351.213(d)(1). DEPARTMENT OF COMMERCE of the Federal Government from January 20 through 22, 2018. If the new deadline Assessment International Trade Administration falls on a non-business day, in accordance with Commerce’s practice, Commerce will instruct U.S. Customs [C–533–866] the deadline will become the next and Border Protection (CBP) to assess business day.6 antidumping duties on all appropriate Certain Cold-Rolled Steel Flat Products entries of electrolytic manganese From India: Notice of Rescission of Rescission of Review dioxide from China during the POR at Countervailing Duty Administrative Review, 2016 Pursuant to 19 CFR 351.213(d)(1), rates equal to the cash deposit rate for Commerce will rescind an estimated antidumping duties required AGENCY: Enforcement and Compliance, administrative review, in whole or in at the time of entry, or withdrawal from International Trade Administration, part, if a party who requested the review warehouse, for consumption, in Department of Commerce. withdraws the request within 90 days of accordance with 19 CFR SUMMARY: The Department of Commerce the date of publication of the notice of 351.212(c)(1)(i). Commerce intends to (Commerce) is rescinding the initiation of the requested review. As issue appropriate assessment administrative review of the noted above, the petitioners withdrew instructions to CBP 15 days after the countervailing duty (CVD) order on their request for review by the 90-day date of publication of this notice in the certain cold-rolled steel flat products deadline. No other party requested an Federal Register. from India for the period September 16, administrative review. Accordingly, we Notification to Importers 2016, to December 31, 2016, based on are rescinding the administrative review the timely withdrawal of the request for of the CVD order on certain cold-rolled This notice serves as the only review. steel flat products from India for the period September 16, 2016, to December reminder to importers of their DATES: Applicable March 28, 2018. responsibility under 19 CFR 31, 2016. FOR FURTHER INFORMATION CONTACT: 351.402(f)(2) to file a certificate Robert Galantucci, AD/CVD Operations, Assessment regarding the reimbursement of Office IV, Enforcement and Compliance, antidumping duties prior to liquidation Commerce will instruct U.S. Customs International Trade Administration, of the relevant entries during this and Border Protection (CBP) to assess U.S. Department of Commerce, 1401 review period. Failure to comply with countervailing duties on all appropriate Constitution Avenue NW, Washington, this requirement could result in the entries at a rate equal to the cash deposit DC 20230; telephone: (202) 482–2923. presumption that reimbursement of the of estimated countervailing duties antidumping duties occurred and the SUPPLEMENTARY INFORMATION: required at the time of entry, or subsequent assessment of doubled Background antidumping duties. Request for Initiation of Countervailing Duty On September 1, 2017, Commerce Administrative Review,’’ dated October 2, 2017. 3 Notification Regarding Administrative See Initiation of Antidumping and published in the Federal Register a Countervailing Duty Administrative Reviews, 82 FR Protective Order notice of opportunity to request an 52268, 52272 (November 13, 2017). administrative review of the CVD order 4 See Letter from the petitioners to Commerce, This notice also serves as the only on certain cold-rolled steel flat products ‘‘Cold-Rolled Steel Flat Products from India— reminder to parties subject to from India for the period September 16, Petitioners’ Withdrawal of Request for Administrative Review,’’ dated December 6, 2017. administrative protective orders (APO) 2016, to December 31, 2016.1 On of their responsibility concerning the 5 We note that Commerce exercised its discretion October 2, 2017, Commerce received a to toll all deadlines affected by the closure of the disposition of proprietary information timely request, in accordance with Federal Government from January 20 through 22, disclosed under APO in accordance section 751(a) of the Tariff Act of 1930, 2018. See Memorandum from Christian Marsh, with 19 CFR 351.305(a)(3), which Deputy Assistant Secretary for Enforcement and as amended (the Act), from Compliance, performing the non-exclusive continues to govern business ArcelorMittal USA LLC, AK Steel functions and duties of the Assistant Secretary for proprietary information in this segment Corporation, Nucor Corporation, Steel Enforcement and Compliance, ‘‘Deadlines Affected of the proceeding. Timely written Dynamics, Inc., and United States Steel by the Shutdown of the Federal Government,’’ notification of the return or destruction dated January 23, 2018. Therefore, all deadlines in Corporation (collectively, the this segment of the proceeding have been extended of APO materials or conversion to petitioners) to conduct an by 3 days. judicial protective order is hereby administrative review of this CVD 6 See Memorandum for The Record from requested. Failure to comply with the order.2 Based upon this request, on Christian Marsh, Deputy Assistant Secretary for regulations and terms of an APO is a Enforcement and Compliance, performing the non- exclusive functions and duties of the Assistant sanctionable violation. 1 See Antidumping or Countervailing Duty Order, Secretary for Enforcement and Compliance, This notice is published in Finding, or Suspended Investigation: Opportunity ‘‘Deadlines Affected by the Shutdown of the to Request Administrative Review, 82 FR 41595 accordance with section 751(a)(1) and Federal Government’’ (Tolling Memorandum), (September 1, 2017). dated January 23, 2018. All deadlines in this 777(i)(1) of the Act, and 19 CFR 2 See Letter from the petitioners to Commerce, segment of the proceeding have been extended by 351.213(d)(4). ‘‘Cold-Rolled Steel Flat Products from India— 3 days.

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withdrawal from warehouse, for DEPARTMENT OF COMMERCE timely request pursuant to 19 CFR consumption, during the period 351.205(b)(2) and (e) to fully postpone September 16, 2016, to December 31, International Trade Administration the preliminary determination from 140 2016, in accordance with 19 CFR [A–570–075] to 190 days.3 The petitioner stated that 351.212(c)(1)(i). Commerce intends to the purpose of its request is to provide issue appropriate assessment Plastic Decorative Ribbon From the Commerce with adequate time to solicit instructions directly to CBP 15 days People’s Republic of China: information from the respondents and to after publication of this notice in the Postponement of Preliminary allow Commerce sufficient time to Federal Register. Determination in the Less-Than-Fair- analyze respondents’ questionnaire Value Investigation responses.4 Notification to Importers AGENCY: Enforcement and Compliance, In accordance with 19 CFR This notice serves as the only International Trade Administration, 351.205(e), the reason for requesting a reminder to importers of their Department of Commerce. postponement of the preliminary responsibility under 19 CFR DATES: Applicable March 28, 2018. determination and the record do not 351.402(f)(2) to file a certificate present any compelling reasons to deny FOR FURTHER INFORMATION CONTACT: regarding the reimbursement of the request. Therefore, in accordance David Lindgren at (202) 482–3870, AD/ countervailing duties prior to CVD Operations, Enforcement and with section 733(c)(1)(A) of the Act and liquidation of the relevant entries Compliance, International Trade 19 CFR 351.205(e), we are postponing during this review period. Failure to Administration, U.S. Department of the preliminary determination in this comply with this requirement could Commerce, 1401 Constitution Avenue LTFV investigation from 140 days after result in the presumption that NW, Washington, DC 20230. the date of initiation to 190 days after reimbursement of the countervailing SUPPLEMENTARY INFORMATION: initation. Additionally, Commerce duties occurred and the subsequent exercised its discretion to toll deadlines assessment of doubled countervailing Background affected by the closure of the Federal duties. On January 16, 2018, the Department Government from January 20 through 5 Notification Regarding Administrative of Commerce (Commerce) initiated a 22, 2018. Accordingly, Commerce is Protective Order less-than-fair-value (LTFV) investigation postponing the deadline for the on imports of plastic decorative ribbon preliminary determination to July 30, This notice also serves as the only from the People’s Republic of China.1 2018.6 Pursuant to section 735(a)(1) of reminder to parties subject to Currently, the preliminary the Act and 19 CFR 351.210(b)(1), the administrative protective order (APO) of determination is due no later than June deadline for the final determination of their responsibility concerning the 8, 2018.2 this investigation will continue to be 75 return or destruction of proprietary Postponement of Preliminary days after the date of the preliminary information disclosed under an APO in Determination determination, unless postponed. accordance with 19 CFR 351.305(a)(3). This notice is issued and published Timely written notification of the Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires pursuant to section 733(c)(2) of the Act return/destruction of APO materials or Commerce to issue the preliminary and 19 CFR 351.205(f)(1). conversion to judicial protective order is determination in a LTFV investigation Dated: March 20, 2018. hereby requested. Failure to comply within 140 days after the date on which Gary Taverman, with the regulations and terms of an Commerce initiated the investigation. APO is a violation which is subject to Deputy Assistant Secretary for Antidumping However, section 733(c)(1) of the Act and Countervailing Duty Operations, sanction. This notice is issued and permits Commerce to postpone the published in accordance with sections performing the non-exclusive functions and preliminary determination, at the duties of the Assistant Secretary for 751 of the Act and 19 CFR request of the petitioner, to no later than Enforcement and Compliance. 351.213(d)(4). 190 days after the date on which the [FR Doc. 2018–06151 Filed 3–27–18; 8:45 am] administering authority initiates the Dated: March 22, 2018. BILLING CODE 3510–DS–P James Maeder, investigation. Pursuant to section 733(c)(1)(A) of the Act and 19 CFR Associate Deputy Assistant Secretary for 351.205(e), the petitioner must submit a Antidumping and Countervailing Duty Operations, performing the duties of Deputy request to postpone 25 days or more Assistant Secretary for Antidumping and before the scheduled date of the Countervailing Duty Operations. preliminary determination, and state the [FR Doc. 2018–06219 Filed 3–27–18; 8:45 am] request for the postponement. On February 27, 2018, Berwick BILLING CODE 3510–DS–P Offray, LLC (the petitioner), submitted a

1 See Certain Plastic Decorative Ribbon From the 3 See Petitioner’s Letter, ‘‘Certain Plastic People’s Republic of China: Initiation of Less-Than- Decorative Ribbon from the People’s Republic of Fair-Value Investigation, 83 FR 3126 (January 23, China: Request to Fully Extend Preliminary 2018). Determination,’’ dated February 27, 2018. 2 Commerce has exercised its discretion to toll 4 Id. deadlines for the duration of the closure of the 5 See Tolling Memorandum. Federal Government from January 20 through 22, 6 2018. See Memorandum, ‘‘Deadlines Affected by Note that the revised deadline reflects a full the Shutdown of the Federal Government,’’ dated postponement to 190 days after the date on which January 23, 2018 (Tolling Memorandum). this investigation was initiated, in addition to a 3- Accordingly, all deadlines in this segment of the day extension due to closure of the Federal proceeding have been extended by 3 days. Government.

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DEPARTMENT OF COMMERCE February 12, 2018, domestic interested responsibility under 19 CFR parties timely withdrew their request for 351.402(f)(2) to file a certificate International Trade Administration an administrative review of all regarding the reimbursement of [A–533–865] companies named in their September antidumping duties prior to liquidation 29, 2017, Administrative Review of the relevant entries during this Certain Cold-Rolled Steel Flat Products Request.4 No other party requested a review period. Failure to comply with From India: Rescission of Antidumping review. this requirement could result in the Duty Administrative Review; 2016– Commerce exercised its discretion to presumption that reimbursement of 2017 toll all deadlines affected by the closure antidumping duties occurred and the of the Federal Government from January subsequent assessment of doubled AGENCY: Enforcement and Compliance, 20 through 22, 2018. If the new deadline antidumping duties. International Trade Administration, falls on a non-business day, in Department of Commerce. accordance with Commerce’s practice, Notification Regarding Administrative SUMMARY: The Department of Commerce the deadline will become the next Protective Order (Commerce) is rescinding the business day.5 This notice also serves as the only administrative review of the Rescission of Review reminder to parties subject to antidumping duty order on certain cold- administrative protective orders (APO) rolled steel flat products (cold-rolled Pursuant to 19 CFR 351.213(d)(1), of their responsibility concerning the Commerce will rescind an steel) from India for the period of review disposition of proprietary information administrative review, in whole or in (POR) March 7, 2016, through August disclosed under APO in accordance part, if the party that requested the 31, 2017. with 19 CFR 351.305(a)(3), which review withdraws its request within 90 DATES: Applicable March 28, 2018. continues to govern business days of the publication date of the FOR FURTHER INFORMATION CONTACT: proprietary information in this segment notice of initiation of the requested Aleksandras Nakutis or Drew Jackson, of the proceeding. Timely written review. Domestic interested parties notification of the return or destruction AD/CVD Operations, Office IV, withdrew their request for review of APO materials or conversion to Enforcement and Compliance, within the 90-day deadline. Because judicial protective order is hereby International Trade Administration, Commerce received no other requests U.S. Department of Commerce, 1401 for review of the above-referenced 52 requested. Failure to comply with the Constitution Avenue NW, Washington, companies, and no other requests were regulations and the terms of an APO is DC 20230; telephone: (202) 482–3147 or made for a review of the antidumping a sanctionable violation. (202) 482–4406, respectively. duty order on cold-rolled steel from This notice is issued and published in SUPPLEMENTARY INFORMATION: India with respect to other companies, accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR Background we are rescinding the administrative review covering the period March 7, 351.213(d)(4). On September 1, 2017, Commerce 2016, through August 31, 2017, in full, Dated: March 22, 2018. published in the Federal Register a in accordance with 19 CFR James Maeder, notice of opportunity to request an 351.213(d)(1). administrative review of the Associate Deputy Assistant Secretary for antidumping duty order on cold-rolled Assessment Antidumping and Countervailing Duty Operations, performing the duties of Deputy steel from India for the POR March 7, Commerce will instruct U.S. Customs Assistant Secretary for Antidumping and 1 2016, through August 31, 2017. On and Border Protection (CBP) to assess Countervailing Duty Operations. September 29, 2017, in accordance with antidumping duties on all appropriate [FR Doc. 2018–06208 Filed 3–27–18; 8:45 am] section 751(a) of the Tariff Act of 1930, entries of cold-rolled steel from India BILLING CODE 3510–DS–P as amended (the Act), and 19 CFR during the POR at rates equal to the cash 351.213(b), AK Steel Corporation, deposit rate for estimated antidumping ArcelorMittal USA LLC, Nucor duties required at the time of entry, or DEPARTMENT OF COMMERCE Corporation, Steel Dynamics, Inc., and withdrawal from warehouse, for United States Steel Corporation consumption, in accordance with 19 National Oceanic and Atmospheric (collectively, domestic interested CFR 351.212(c)(1)(i). Commerce intends Administration parties), requested a review of the order to issue appropriate assessment with respect to 52 companies or instructions to CBP 15 days after the National Integrated Drought company groupings.2 On November 13, date of publication of this notice in the Information System (NIDIS); Executive 2017, in accordance with section 751(a) Federal Register. Council Meeting of the Act and 19 CFR 351.221(c)(1)(i), Notification to Importers Commerce initiated an administrative AGENCY: Climate Program Office (CPO), review of the antidumping duty order This notice serves as the only Office of Oceanic and Atmospheric on cold-rolled steel from India with reminder to importers of their Research (OAR), National Oceanic and respect to these companies.3 On Atmospheric Administration (NOAA), 4 See letter, ‘‘Cold-Rolled Steel Flat Products from Department of Commerce (DOC). India: Withdrawal of Administrative Review 1 See Antidumping or Countervailing Duty Order, Request,’’ dated February 12, 2018. ACTION: Notice of open meeting. Finding, or Suspended Investigation; Opportunity 5 See Memorandum for The Record from to Request Administrative Review, 82 FR 41595 Christian Marsh, Deputy Assistant Secretary for SUMMARY: The National Integrated (September 1, 2017). Enforcement and Compliance, performing the non- Drought Information System (NIDIS) 2 See letter, ‘‘Cold-Rolled Steel Flat Products from exclusive functions and duties of the Assistant Program Office will hold an India: Request for Administrative Review,’’ dated Secretary for Enforcement and Compliance, September 29, 2017 (September 29, 2017, ‘‘Deadlines Affected by the Shutdown of the organizational meeting of the NIDIS Administrative Review Request). Federal Government’’ (Tolling Memorandum), Executive Council on April 17, 2018. 3 See Initiation of Antidumping and dated January 23, 2018. All deadlines in this Countervailing Duty Administrative Reviews, 82 FR segment of the proceeding have been extended by DATES: The meeting will be held 52268 (November 13, 2017). 3 days. Tuesday, April 17, 2018 from 9:00 a.m.

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EST to 4:30 p.m. EST. These times and Drought Risk Management and the enroll in the Segal AmeriCorps the agenda topics are subject to change. Water Utilities Sector, (5) National Education Award Matching Program ADDRESSES: The meeting will be held at Drought Forum: Taking Stock Five and appear on the Segal AmeriCorps the Hall of the States, Room 383/385, Years Out, (6) Current drought research, Education Award Matching Program 444 North Capitol St NW, Washington, applications, and response in the West, section of the Corporation for National DC 20001. (7) Understanding the Midwest Drought and Community Service website. FOR FURTHER INFORMATION CONTACT: Trade Footprint, and (8) National Copies of the information collection Veva Deheza, NIDIS Executive Director, Coordinated Soil Moisture Monitoring request can be obtained by contacting David Skaggs Research Center, Room Network and Public-Private the office listed in the ADDRESSES GD102, 325 Broadway, Boulder CO Partnerships. section of this Notice. 80305. Email: [email protected]; Dated: March 16, 2018. DATES: Written comments must be or visit the NIDIS website at David Holst, submitted to the individual and office www.drought.gov. Chief Financial Officer/Administrative listed in the ADDRESSES section by May SUPPLEMENTARY INFORMATION: The Officer, Office of Oceanic and Atmospheric 29, 2018. National Integrated Drought Information Research, National Oceanic and Atmospheric ADDRESSES: You may submit comments, System (NIDIS) was established by Administration. identified by the title of the information Public Law 109–430 on December 20, [FR Doc. 2018–06276 Filed 3–27–18; 8:45 am] collection activity, by any of the 2006, and reauthorized by Public Law BILLING CODE 3510–KB–P following methods: 113–86 on March 6, 2014, with a (1) By mail sent to: Corporation for mandate to provide an effective drought National and Community Service; early warning system for the United CORPORATION FOR NATIONAL AND Attention: Rhonda Taylor, 250 E Street States; coordinate, and integrate as COMMUNITY SERVICE SW, Washington, DC 20525. practicable, Federal research in support (2) By hand delivery or by courier to of a drought early warning system; and Agency Information Collection CNCS at the mail address given in build upon existing forecasting and Activities; Submission to the Office of paragraph (1) above, between 9:00 a.m. Management and Budget for Review assessment programs and partnerships. and 4:00 p.m. Eastern Time, Monday and Approval; Comment Request; See 15 U.S.C. 313d. The Public Law also through Friday, except federal holidays. Application Package for Segal calls for consultation with ‘‘relevant (3) Electronically through AmeriCorps Education Award Federal, regional, State, tribal, and local www.regulations.gov. Commitment Form government agencies, research Individuals who use a telecommunications device for the deaf institutions, and the private sector’’ in AGENCY: Corporation for National and the development of NIDIS. 15 U.S.C. Community Service (CNCS). (TTY–TDD) may call 1–800–833–3722 between 8:00 a.m. and 8:00 p.m. Eastern 313d(c). The NIDIS Executive Council ACTION: Notice. provides the NIDIS Program Office with Time, Monday through Friday. an opportunity to engage in individual SUMMARY: The Corporation for National Comments submitted in response to consultation with senior resource and Community Service (CNCS), as part this notice may be made available to the officials from NIDIS’s Federal partners, of its continuing effort to reduce public through regulations.gov. For this as well as leaders from state and local paperwork and respondent burden, reason, please do not include in your government, academia, conducts a pre-clearance consultation comments information of a confidential nongovernmental organizations, and the program to provide the general public nature, such as sensitive personal private sector. and federal agencies with an information or proprietary information. Status: This meeting will be open to opportunity to comment on proposed If you send an email comment, your public participation. Individuals and/or continuing collections of email address will be automatically interested in attending should register at information in accordance with the captured and included as part of the https://cpaess.ucar.edu/meetings/2018/ Paperwork Reduction Act of 1995. This comment that is placed in the public spring-2018-nidis-executive-council- program helps to ensure that requested docket and made available on the meeting. Please refer to this web page data can be provided in the desired internet. Please note that responses to for the most up-to-date meeting times format, reporting burden (time and this public comment request containing and agenda. Seating at the meeting will financial resources) is minimized, any routine notice about the be available on a first-come, first-served collection instruments are clearly confidentiality of the communication basis. understood, and the impact of collection will be treated as public comment that Special Accommodations: This requirement on respondents can be may be made available to the public meeting is physically accessible to properly assessed. notwithstanding the inclusion of the people with disabilities. Requests for Currently, CNCS is soliciting routine notice. special accommodations may be comments concerning its proposed FOR FURTHER INFORMATION CONTACT: directed no later than 12:00 p.m. on renewal of the Segal AmeriCorps Rhonda Taylor, 202–606–6721, or by April 13, 2018, to Elizabeth Ossowski, Education Award Matching Program email at [email protected]. Program Coordinator, David Skaggs Commitment Form. This form is SUPPLEMENTARY INFORMATION: Research Center, Room GD102, 325 submitted by institutions of higher Title of Collection: Segal AmeriCorps Broadway, Boulder CO 80305; Email: education that provide educational Education Award Commitment Form. [email protected]. benefits for AmeriCorps alumni. These OMB Control Number: 3045–0143. Matters To Be Considered: The benefits can include matching the Type of Review: Renewal. meeting will include the following AmeriCorps Education Award that Affected Public: Institutions of higher topics: (1) NIDIS implementation members receive after successful education that provide incentives for updates and 2018 priorities, (2) completion of the AmeriCorps program, AmeriCorps alumni such as matching Executive Council member updates and scholarships, and application fee the AmeriCorps Education Award that 2018 priorities, (3) Federal coordination waivers. Completion of this information members receive after successful around drought early warning, (4) collection is required for institutions to completion of the AmeriCorps Program

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and that request to be listed on the Segal be available for public inspection on and grantees and their respective AmeriCorps Education Award Matching regulations.gov. employees. The Under Secretary of Program section of the Corporation for Dated: March 19, 2018. Defense for Intelligence assigned National and Community Service Rhonda Taylor, Defense Security Service (DSS) the website. responsibility for central operational Total Estimated Number of Annual Director of Partnerships and Program Engagement. management of NISP personnel security Respondents: Two hundred colleges and investigation (PSI) workload universities. [FR Doc. 2018–06173 Filed 3–27–18; 8:45 am] projections, and for monitoring of NISP Total Estimated Annual Frequency: BILLING CODE 6050–28–P PSI funding and investigations. The Once every five years. execution of the collection instrument is Total Estimated Average Response an essential element of DSS’ ability to Time per Response: Average 30 DEPARTMENT OF DEFENSE plan, program and budget for the PSI minutes. needs of NISP personnel security Office of the Secretary Total Estimated Number of Annual investigations. Burden Hours: 100 hours. Total Burden Cost (capital/startup): [Docket ID DOD–2018–OS–0001] Affected Public: Businesses or other None. for-profit, not-for-profit institutions, Submission for OMB Review; state, local or tribal governments. Total Burden Cost (operating/ Comment Request maintenance): None. Frequency: Annually. Abstract: The information is provided AGENCY: Office of the Under Secretary of Respondent’s Obligation: Voluntary. by institutions of higher education who Defense, DoD. OMB Desk Officer: Ms. Jasmeet Seehra. are requesting to be listed on the Segal ACTION: 30-day information collection AmeriCorps Education Award Matching notice. You may also submit comments and Program section of the Corporation for recommendations, identified by Docket National and Community Service SUMMARY: The Department of Defense ID number and title, by the following website. The information will be has submitted to OMB for clearance the method: collected electronically by the following proposal for collection of • Federal eRulemaking Portal: http:// Corporation for National and information under the provisions of the www.regulations.gov. Follow the Community Service. Comments Paperwork Reduction Act. instructions for submitting comments. submitted in response to this notice will DATES: Consideration will be given to all Instructions: All submissions received be summarized and/or included in the comments received by April 27, 2018. must include the agency name, Docket request for OMB approval. Comments ADDRESSES: Comments and ID number, and title for this Federal are invited on: (a) Whether the Register document. The general policy collection of information is necessary recommendations on the proposed information collection should be for comments and other submissions for the proper performance of the from members of the public is to make functions of the agency, including emailed to Ms. Jasmeet Seehra, DoD Desk Officer, at oira_submission@ these submissions available for public whether the information shall have viewing on the internet at http:// practical utility; (b) the accuracy of the omb.eop.gov. Please identify the proposed information collection by DoD www.regulations.gov as they are agency’s estimate of the burden of the received without change, including any collection of information; (c) ways to Desk Officer, Docket ID number, and title of the information collection. personal identifiers or contact enhance the quality, utility, and clarity information. FOR FURTHER INFORMATION CONTACT: of the information to be collected; (d) Fred DOD Clearance Officer: Mr. Frederick ways to minimize the burden of the Licari, 571–372–0493, or whs.mc- Licari. alex.esd.mbx.dd-dod-information- collection of information on Written requests for copies of the [email protected]. respondents, including through the use information collection proposal should of automated collection techniques or SUPPLEMENTARY INFORMATION: be sent to Mr. Licari at WHS/ESD other forms of information technology; Title; Associated Form; and OMB Directives Division, 4800 Mark Center and (e) estimates of capital or start-up Number: Personnel Security Drive, East Tower, Suite 03F09, costs and costs of operation, Investigation Projection for Industry Alexandria, VA 22350–3100. maintenance, and purchase of services Census Survey; OMB Control Number to provide information. Burden means 0704–0417. Dated: March 23, 2018. the total time, effort, or financial Type of Request: Revision. Aaron Siegel, resources expended by persons to Number of Respondents: 10,421. Alternate OSD Federal Register, Liaison generate, maintain, retain, disclose or Responses per Respondent: 1. Officer, Department of Defense. provide information to or for a Federal Annual Responses: 10,421. [FR Doc. 2018–06238 Filed 3–27–18; 8:45 am] agency. This includes the time needed Average Burden per Response: 30 BILLING CODE 5001–06–P to review instructions; to develop, minutes. acquire, install and utilize technology Annual Burden Hours: 5,210.50. and systems for the purpose of Needs and Uses: Executive order DEPARTMENT OF DEFENSE collecting, validating and verifying (E.O.) 12829, ‘‘National Industrial Office of the Secretary information, processing and Security Program (NISP),’’ stipulates maintaining information, and disclosing that the Secretary of Defense shall serve and providing information; to train as the Executive Agent for inspecting [Transmittal No. 17–41] personnel and to be able to respond to and monitoring the contractors, Arms Sales Notification a collection of information, to search licensees, and grantees who require or data sources, to complete and review will require access to classified AGENCY: Defense Security Cooperation the collection of information; and to information; and for determining the Agency, Department of Defense. transmit or otherwise disclose the eligibility for access to classified ACTION: Arms sales notice. information. All written comments will information of contractors, licensees,

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SUMMARY: The Department of Defense is [email protected]; DSCA/ House of Representatives, Transmittal publishing the unclassified text of an DSA–RAN. 17–41 with attached Policy Justification arms sales notification. and Sensitivity of Technology. SUPPLEMENTARY INFORMATION: This FOR FURTHER INFORMATION CONTACT: 36(b)(1) arms sales notification is Dated: March 22, 2018. Pamela Young, (703) 697–9107, published to fulfill the requirements of Shelly Finke, [email protected] or section 155 of Public Law 104–164 Alternate OSD Federal Register Liaison Kathy Valadez, (703) 697–9217, dated July 21, 1996. The following is a Officer, Department of Defense. copy of a letter to the Speaker of the BILLING CODE 5001–06–P

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1 "'"''"' t:>TOI:::!::?SOUTH, STE 203 ARliNGTON, VA 22202·5408

BILLING CODE 5001–06–C (ii) Total Estimated Value: Government of Qatar has requested to Transmittal No. 17–41 Major Defense Equipment * .. $ 1 million purchase equipment and support to Other ...... $196 million upgrade the Qatari Emiri Air Force’s Notice of Proposed Issuance of Letter of (QEAF) Air Operation Center (AOC), to Offer Pursuant to Section 36(b)(1) of the Total ...... $197 million Arms Export Control Act, as amended include Link 16 network and classified (iii) Description and Quantity or networks integration, to enhance the (i) Prospective Purchaser: Government Quantities of Articles or Services under performance of integrated air defense of Qatar Consideration for Purchase: The

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planning and provide US-Qatari systems facilities, COMSEC support, secure and sea elements. The terminal interoperability. communications equipment, encryption hardware, publications, performance Major Defense Equipment (MDE): devices, software development, spare specifications, operational capability, One (1) Multifunctional Information and repair parts, support and test parameters, vulnerabilities to Distribution System (MIDS) Low equipment, publications and technical countermeasures, and software Volume Terminal (LVT) documentation, security certification documentation are classified Non-MDE: and accreditation, personnel training CONFIDENTIAL. The classified Also included are Global Positioning and training equipment, U.S. information to be provided consists of System (GPS) Selective Availability Government and contractor engineering, that which is necessary for the Anti-Spoofing Module (SAASM) Chips, technical and logistics support services; operation, maintenance, and repair and other related elements of logistical Simple Key Loaders (SKL), High (through intermediate level) of the data Assurance internet Protocol Encryptors and program support. The estimated link terminal, installed systems, and (HAIPE), Ground Support System (GSS) cost is $197 million. related software. components for Link-16, as well as the This proposed sale will contribute to necessary infrastructure construction, the foreign policy and national security 2. A Global Positioning System (GPS) integration, installation, and of the United States by helping to Selective Availability Anti-Spoofing sustainment services, cybersecurity improve the security of a friendly Module (SAASM) deploys anti-spoofing services, technical and support country that has been, and continues to measures using cryptography to protect facilities, COMSEC support, secure be, an important force for political authorized users from false satellite communications equipment, encryption stability and economic progress in the signals generated by an enemy. devices, software development, spare Persian Gulf region. Our mutual defense Information revealing SAASM and repair parts, support and test interests anchor our relationship and implementation details such as number equipment, publications and technical the Qatar Emiri Air Force (QEAF) plays or length of keying variables, circuit documentation, security certification a predominant role in Qatar’s defense. diagrams, specific quantitative The upgrade of the AOC will support and accreditation, personnel training measures, functions, and capabilities are the defensive capability of Qatar. The and training equipment, U.S. classified SECRET. Government and contractor engineering, proposed sale will help strengthen technical and logistics support services; Qatar’s capability to counter current and 3. Software, hardware, and other data/ and other related elements of logistical future threats in the region and reduce information, which is classified or and program support. dependence on U.S. forces. Qatar will sensitive, is reviewed prior to release to (iv) Military Department: Air Force have no difficulty absorbing the protect system vulnerabilities, design (QA–D–DAG) required equipment and capability into data, and performance parameters. (v) Prior Related Cases, if any: N/A its armed forces. Some end-item hardware, software, and (vi) Sales Commission, Fee, etc., Paid, The proposed sale of this equipment other data identified above are classified Offered, or Agreed to be Paid: None and support will not alter the basic at the CONFIDENTIAL and SECRET// (vii) Sensitivity of Technology military balance in the region. RELEASABLE TO QATAR level. Contained in the Defense Article or The prime contractor will be Potential compromise of these systems Raytheon, Waltham, MA. Qatar Defense Services Proposed to be Sold: is controlled through management of the typically requests offsets. Any offset See Attached Annex basic software programs of highly (viii) Date Report Delivered to agreement will be defined in negotiations between Qatar and the sensitive systems and software- Congress: March 7, 2018 controlled weapon systems on a case- * As defined in Section 47(6) of the contractor. Implementation of this proposed sale by-case basis. Arms Export Control Act. will require the assignment of 4. If a technologically advanced POLICY JUSTIFICATION approximately five (5) additional U.S. adversary were to obtain knowledge of Qatar—Upgrade of Qatar Air Government and approximately fifteen the specific hardware and software Operations Center (AOC) (15) contractor representatives to Qatar. elements, the information could be used There will be no adverse impact on to develop countermeasures that might The Government of Qatar has U.S. defense readiness as a result of this reduce weapon system effectiveness or requested to purchase equipment and proposed sale. be used in the development of a system support to upgrade the Qatari Emiri Air with similar or advanced capabilities. Force’s (QEAF) Air Operation Center Transmittal No. 17–41 (AOC) to enhance the performance of Notice of Proposed Issuance of Letter of 5. A determination has been made integrated air defense planning and Offer Pursuant to Section 36(b)(1) of the that Qatar can provide substantially the provide US-Qatari systems Arms Export Control Act same degree of protection for the interoperability. This sale includes: one Annex sensitive technology being released as (1) Multifunctional Information the U.S. Government. This proposed Distribution System (MIDS) Low Item No. vii sale is necessary to further the U.S. Volume Terminal (LVT), Global (vii) Sensitivity of Technology: foreign policy and national security Positioning System (GPS) Selective 1. The Multifunctional Information objectives outlined in the Policy Availability Anti-Spoofing Module Distribution System-Low Volume Justification. (SAASM) chips, Simple Key Loaders Terminal (MIDS–LVT) is an advanced 6. All defense articles and services (SKL), High Assurance internet Protocol Link-16 command, control, listed on this transmittal are authorized Encryptors (HAIPE), Ground Support communications, and intelligence (C3I) System (GSS) components for Link-16 system incorporating high-capacity, for release and export to the as well as the necessary infrastructure jam-resistant, digital communication Government of Qatar. construction, integration, installation, links is used for exchange of near real- [FR Doc. 2018–06146 Filed 3–27–18; 8:45 am] and sustainment services, cybersecurity time tactical information, including BILLING CODE 5001–06–P services, technical and support both data and voice, among air, ground,

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DEPARTMENT OF EDUCATION your comments about this modified The Department proposes to update, system of records, address them to: but not to significantly change, routine [Docket ID ED–2017–OPE–0080] Senior Director, International Foreign use, (3) ‘‘Litigation and Alternative Privacy Act of 1974; System of Language Education (IFLE), Office of Dispute Resolution Disclosure,’’ (5) Records Postsecondary Education, U.S. ‘‘Employee Grievance, Complaint, or Department of Education, 400 Maryland Conduct Disclosure,’’ (6) ‘‘Labor AGENCY: Office of Postsecondary Ave. SW, Washington, DC 20202. Organization Disclosure,’’ (7) ‘‘Freedom Education, Department of Education. Privacy Note: The Department’s of Information Act and Privacy Act ACTION: Notice of a modified system of policy is to make all comments received Advice Disclosure,’’ (9) ‘‘Contract records. from members of the public available for Disclosure,’’ and (10) ‘‘Research public viewing in their entirety on the Disclosure.’’ The Department also SUMMARY: In accordance with the Federal eRulemaking Portal at proposes to add to this system of Privacy Act of 1974, as amended www.regulations.gov. Therefore, records notice two new routine uses. (Privacy Act), the Department of commenters should be careful to Routine use (14) entitled ‘‘Disclosure in Education (the Department) publishes include in their comments only the Course of Responding to a Breach of this notice of a modified system of information that they wish to make Data’’ and (15) entitled ‘‘Disclosure in records entitled ‘‘Title VI International publicly available. Assisting another Agency in Responding Research and Studies Program (IRS)’’ Assistance to Individuals with to a Breach of Data.’’ These will allow (18–12–04). IRS contains individually Disabilities in Reviewing the the Department to disclose records in identifiable information provided by Rulemaking Record: On request, we will this system in order to assist in individuals to determine qualifications supply an appropriate accommodation responding to a suspected or confirmed and eligibility for award benefits and to or auxiliary aid, such as a reader or breach of this system’s, the monitor achievements of award print magnifier, to an individual with a Department’s, or another Federal recipients. This information is used to disability who needs assistance to agency’s or entity’s data. demonstrate the effectiveness of the IRS. review the comments or other The Department is also proposing to DATES: Submit your comments on this documents in the public rulemaking update the record access and modified system of records on or before record for this notice. If you want to notification procedures. April 27, 2018. schedule an appointment for this type of Accessible Format: Individuals with This modified system of records will accommodation or auxiliary aid, please disabilities can obtain this document in become applicable upon publication in contact the person listed under FOR an accessible format (e.g., Braille, large the Federal Register on March 28, 2018, FURTHER INFORMATION CONTACT. print, audiotape, or compact disc) on unless the modified system of records FOR FURTHER INFORMATION CONTACT: request to the person listed under FOR notice needs to be changed as a result Cheryl Gibbs, Division Director of FURTHER INFORMATION CONTACT. of public comment. Modified routine Advanced Training and Research Electronic Access to This Document: uses (3), (5), (6), (7), (9), and (10) and Division International Foreign Language The official version of this document is newly proposed routine uses (13) and Education (IFLE), Office of the document published in the Federal (14) in the paragraph entitled Postsecondary Education. Telephone: Register. Free internet access to the ‘‘ROUTINE USES OF RECORDS (202) 453–5690. official edition of the Federal Register MAINTAINED IN THE SYSTEM, If you use a telecommunications and the Code of Federal Regulations is INCLUDING CATEGORIES OF USERS device for the deaf (TDD) or a text available via the Federal Digital System AND PURPOSES OF SUCH USES’’ will telephone (TTY), you may call the at: www.gpo.gov/fdsys. At this site you become applicable on April 27, 2018, Federal Relay Service (FRS) at 1–800– can view this document, as well as all unless the modified system of records 877–8339. other documents of the Department notice needs to be changed as a result SUPPLEMENTARY INFORMATION: published in the Federal Register, in of public comment. The Department Introduction: The Title VI text or Portable Document Format will publish any significant changes International Research and Studies (PDF). To use PDF you must have resulting from public comment. Program (18–12–04) system of records Adobe Acrobat Reader, which is ADDRESSES: Submit your comments was last published in the Federal available free at the site. through the Federal eRulemaking Portal Register on June 4, 1999 (64 FR 30179). You may also access documents of the or via postal mail, commercial delivery, The Department proposes to update the Department published in the Federal or hand delivery. We will not accept system location, manager, and address Register by using the article search comments submitted by fax or by email to reflect the creation of the IFLE office feature at: www.federalregister.gov. or those submitted after the comment that administers grant and fellowship Specifically, through the advanced period. To ensure that we do not receive programs such as IRS. The Department search feature at this site, you can limit duplicate copies, please submit your also proposes to update how the your search to documents published by comments only once. In addition, please information is stored and safeguarded the Department. include the Docket ID at the top of your utilizing updated security hardware and Dated: March 23, 2018. comments. software, including multiple firewalls, Frank T. Brogan, • Federal eRulemaking Portal: Go to active intruder detection, and role-based Principal Deputy Assistant Secretary and www.regulations.gov to submit your access controls. The Department also Delegated the duties of the Assistant comments electronically. Information proposes to update the record source Secretary, Office of Planning, Evaluation and on using Regulations.gov, including categories and how the records are Policy Development, Delegated the duties of instructions for accessing agency retrieved as well as to modify the the Assistant Secretary, Office of documents, submitting comments, and section entitled ‘‘Policies and Practices Postsecondary Education. viewing the docket, is available on the for Retention and Disposal of Records’’ For the reasons discussed in the site under the ‘‘Help’’ tab. to reflect updated, current disposition preamble, the Acting Assistant Secretary • Postal Mail, Commercial Delivery, instructions covering records in this for the Office of Postsecondary or Hand Delivery: If you mail or deliver system. Education, U.S. Department of

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Education (Department), publishes a instructional materials, project (iii) Any Department employee in his notice of a modified system of records description, project costs, field reader or her individual capacity if the U.S. to read as follows: comments, award documents, and final Department of Justice (DOJ) has been project reports. requested to or has agreed to provide or SYSTEM NAME AND NUMBER arrange for representation for the RECORD SOURCE CATEGORIES: Title VI International Research and employee. Studies Program (IRS) (18–12–04). Information is obtained from the (iv) Any Department employee in his individuals and institutions on or her individual capacity where the SECURITY CLASSIFICATION: approved application forms, from field Department requests representation for Unclassified. readers, and from other individuals or or has agreed to represent the employee. entities from which data is obtained (v) The United States where the SYSTEM LOCATION: under routine uses set forth below. Department determines that the International Foreign Language litigation is likely to affect the Education (IFLE), Office of ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND Department or any of its components. Postsecondary Education, U.S. PURPOSES OF SUCH USES: (b) Disclosure to DOJ. If the Department of Education, 400 Maryland The Department may disclose Department determines that disclosure Ave. SW, Washington, DC 20202. information contained in a record in of certain records to DOJ is relevant and necessary to the litigation or ADR, the SYSTEM MANAGER(S): this system of records under the routine uses listed in this system of records Department may disclose those records Senior Director, IFLE, Office of as a routine use to DOJ. Postsecondary Education, U.S. without the consent of the individual if the disclosure is compatible with the (c) Adjudicative Disclosure. If the Department of Education, 400 Maryland Department determines that it is Avenue SW, Washington, DC 20202. purposes for which the record was collected. These disclosures may be relevant and necessary to the litigation AUTHORITY FOR MAINTENANCE OF THE SYSTEM: made on a case-by-case basis, or, if the or ADR to disclose certain records to an adjudicative body before which the The Higher Education Act of 1965, as Department has complied with the Department is authorized to appear, to amended, part A, title VI, section 605(a). computer matching requirements of the Privacy Act of 1974, as amended a person, or to an entity designated by PURPOSE(S) OF THE SYSTEM: (Privacy Act), under a computer the Department or otherwise The IRS awards discretionary grants matching agreement. empowered to resolve or mediate to institutions, organizations, and (1) Field Reader Disclosure. The disputes, the Department may disclose individuals to conduct research, Department may disclose information to those records as a routine use to the surveys, studies, and to develop field readers (also referred to as peer adjudicative body, person, or entity. instructional materials, including reviewers) in order to determine the (d) Disclosure to Parties, Counsels, foreign language materials, to improve qualification and eligibility of the Representatives, or Witnesses. If the and strengthen instruction in modern project director and the competitiveness Department determines that disclosure foreign languages, study areas, and other of and need for the project, and to award of certain records to a party, counsel, international fields within the U.S. benefits. representative, or witness is relevant educational system. The information (2) Enforcement Disclosure. In the and necessary to the litigation or ADR, contained in this system of records is event that information in this system of the Department may disclose those used for the following purposes: (1) To records indicates, either on its face or in records as a routine use to the party, determine the qualifications and connection with other information, a counsel, representative, or witness. eligibility of the project directors and violation or potential violation of any (4) Employment, Benefit, and competitiveness of and need for the applicable statute, regulation, or order Contracting Disclosure. (a) For Decisions by the Department. projects and to award benefits; (2) to of a competent authority, the The Department may disclose a record monitor the progress of the projects, Department may disclose the relevant to a Federal, State, or local agency including their accomplishments; and information to the appropriate agency, maintaining civil, criminal, or other (3) to demonstrate the program’s whether foreign, Federal, State, Tribal, relevant enforcement or other pertinent effectiveness. or local, charged with the responsibility of investigating or prosecuting that records, or to another public authority CATEGORIES OF INDIVIDUALS COVERED BY THE violation or charged with enforcing or or professional organization, if SYSTEM: implementing the statute, Executive necessary to obtain information relevant The system contains records on order, rule, regulation, or order issued to a Department decision concerning the individual project directors who have pursuant thereto. hiring or retention of an employee or applied to be or who have been selected (3) Litigation and Alternative Dispute other personnel action, the issuance of to be recipients of IRS awards. Resolution (ADR) Disclosure. security clearance, the letting of a (a) Introduction. In the event that one contract, or the issuance of a license, CATEGORIES OF RECORDS IN THE SYSTEM: of the parties listed in sub-paragraphs (i) grant, or other benefit. The IRS system consists of a variety through (v) is involved in judicial or (b) For Decisions by Other Public of records relating to an individual’s administrative litigation or ADR, or has Agencies and Professional application(s) for, and participation in, an interest in judicial or administrative Organizations. The Department may the IRS. In addition to the individual’s litigation or ADR, the Department may disclose a record to a Federal, State, name, the system contains the disclose certain records to the parties local, or foreign agency or other public participant’s address, telephone described in paragraphs (b), (c), and (d) authority or professional organization, number, educational institution, of this routine use under the conditions in connection with the hiring or citizenship, Social Security number, specified in those paragraphs: retention of an employee or other institutional or individual Data (i) The Department or any of its personnel action, the issuance of a Universal Numbering System (DUNS) components. security clearance, the reporting of an number, educational and employment (ii) Any Department employee in his investigation of an employee, the letting background, salary, research or or her official capacity. of a contract, or the issuance of a

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license, grant, or other benefit, to the (11) Congressional Member 552a(b)(12) and the procedures extent that the record is relevant and Disclosure. The Department may contained in subsection 31 U.S.C. necessary to the receiving entity’s disclose the records of an individual to 3711(e). A consumer reporting agency to decision on the matter. a member of Congress or the member’s which these disclosures may be made is (5) Employee Grievance, Complaint, staff in response to an inquiry from the defined at 31 U.S.C. 3701(a)(3). or Conduct Disclosure. If a record is member made at the written request of relevant and necessary to an employee that individual. The member’s right to POLICIES AND PRACTICES FOR STORAGE OR RECORDS: grievance, complaint, or disciplinary the information is no greater than the action involving a present or former right of the individual who requested Records are maintained electronically employee of the Department, the the inquiry. in a computer database and on a web- Department may disclose a record from (12) Disclosure to OMB for Credit based portal maintained by the this system of records in the course of Reform Act (CRA). The Department may Department. investigation, fact-finding, or disclose records to OMB as necessary to POLICIES AND PRACTICES FOR RETRIEVAL OF adjudication, to any party to the fulfill CRA requirements in accordance RECORDS: grievance, complaint or action; to the with 2 U.S.C. 661b. Records are retrieved by individual’s party’s counsel or representative; to a (13) Disclosure in the Course of grant number; however records are witness; or to a designated fact-finder, Responding to a Breach of Data. The retrievable via all data elements in the mediator, or other person designated to Department may disclose records to system. resolve issues or decide the matter. appropriate agencies, entities, and (6) Labor Organization Disclosure. persons when: (1) The Department POLICIES AND PRACTICES FOR RETENTION AND The Department may disclose records suspects or has confirmed that there has DISPOSAL OF RECORDS: from this system of records to an been a breach of the system of records; Records are maintained and disposed arbitrator to resolve disputes under a (2) the Department has determined that of in accordance with the National negotiated grievance process or to as a result of the suspected or confirmed Archives and Records Administration’s officials of a labor organization breach there is a risk of harm to General Records Schedule (GRS) 1.2 recognized under 5 U.S.C. chapter 71 individuals, the Department (including (Grant and Cooperative Agreement when relevant and necessary to their its information systems, programs, and Records), Items 020 (DAA–GRS–2013– duties of exclusive representation. operations), the Federal Government, or 0008–0001) and 021 (DAA–GRS–2013– (7) Freedom of Information Act national security; and (3) the disclosure 0008–0006). Records of successful (FOIA) and Privacy Act Advice made to such agencies, entities, and applications shall be destroyed 10 years Disclosure. The Department may persons is reasonably necessary to assist after final action is taken on the disclose records to DOJ or Office of in connection with the Department’s applicable file, but longer retention is Management and Budget (OMB) if the efforts to respond to the suspected or authorized if required for business use. Department concludes that disclosure is confirmed breach or to prevent, Records of unsuccessful applications desirable or necessary in determining minimize, or remedy such harm. shall be destroyed 3 years after final whether particular records are required (14) Disclosure in Assisting Another action is taken on the applicable file, to be disclosed under the FOIA or the Agency in Responding to a Breach of but longer retention is authorized if Privacy Act. Data. The Department may disclose required for business use. (8) Disclosure to DOJ. The Department records to another Federal agency or may disclose records to DOJ to the Federal entity, when the Department ADMINISTRATIVE, TECHNICAL AND PHYSICAL extent necessary for obtaining DOJ determines that information from this SAFEGUARDS: advice on any matter relevant to an system of records is reasonably All physical access to the site where audit, inspection, or other inquiry necessary to assist the recipient agency this system of records is maintained is related to the programs covered by this or entity in: (1) Responding to a controlled and monitored by security system. suspected or confirmed breach or (2) personnel who check each individual (9) Contract Disclosure. If the preventing, minimizing, or remedying entering the building. The computer Department contracts with an entity for the risk of harm to individuals, the system offers a high degree of resistance the purposes of performing any function recipient agency or entity (including its to tampering and circumvention. This that requires disclosure of records in information systems, programs, and security system limits data access to this system to employees of the operations), the Federal Government, or Department and contract staff on a contractor, the Department may disclose national security, resulting from a ‘‘need-to-know’’ basis, and controls the records to those employees. As part suspected or confirmed breach. individual users’ ability to access and of such a contract, the Department shall alter records within the system. require the contractor to agree to DISCLOSURE TO CONSUMER REPORTING maintain safeguards to protect the AGENCIES: RECORD ACCESS PROCEDURES: security and confidentiality of the Disclosures pursuant to 5 U.S.C. If you wish to request access to your records in the system. 522a(b)(12): The Department may records, you must contact the system (10) Research Disclosure. The disclose to a consumer reporting agency manager at the address listed under Department may disclose records to a information regarding a claim by the SYSTEM MANAGER(S). You must researcher if an appropriate official of Department which is determined to be provide necessary particulars, such as the Department determines that the valid and overdue as follows: (1) The your full name, date of birth, Social individual or organization to which the name, address, and other information Security number, the year of the award, disclosure would be made is qualified to necessary to establish the identity of the the name of the grantee institution, carry out specific research related to individual responsible for the claim; (2) major country in which you conducted functions or purposes of this system of the amount, status, and history of the your educational activity, and any other records. The researcher must agree to claim; and (3) the program under which identifying information requested by the maintain safeguards to protect the the claim arose. The Department may Department while processing the security and confidentiality with respect disclose the information specified in request, to distinguish between to the disclosed records. this paragraph under 5 U.S.C. individuals with the same name. Your

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request must meet the requirements of Program (IRS)’’ (18–12–04) was last Individuals with disabilities can regulations in 34 CFR 5b.5, including published in the Federal Register on obtain this document in an accessible proof of identity. June 4, 1999 (64 FR 30179). format (e.g., braille, large print, audiotape, or compact disc) on request CONTESTING RECORD PROCEDURES: [FR Doc. 2018–06280 Filed 3–27–18; 8:45 am] BILLING CODE 4000–01–P to the program contact person listed If you wish to contest the content of under FOR FURTHER INFORMATION a record regarding you in the system of CONTACT. records, you must contact the system DEPARTMENT OF EDUCATION manager at the address listed under SUPPLEMENTARY INFORMATION: If the SYSTEM MANAGER(S). Your request Secretary selects an applicant for [CFDA Numbers: 84.007, 84.033, 84.038, verification, the applicant’s Institutional must meet the requirements of the 84.063, and 84.268.] regulations in 34 CFR 5b.7. Student Information Record (ISIR) includes flags that indicate (1) that the NOTIFICATION PROCEDURES: Free Application for Federal Student Aid (FAFSA®) Information to be applicant has been selected by the If you wish to inquire whether a Verified for the 2019–2020 Award Year Secretary for verification and (2) the record exists regarding you in this Verification Tracking Group in which system, you must contact the system AGENCY: Office of Postsecondary the applicant has been placed. The manager at the address listed under Education, Department of Education. Verification Tracking Group indicates SYSTEM MANAGER(S). You must ACTION: Notice. which FAFSA information needs to be provide necessary particulars, such as verified for the applicant and, if your name, date of birth, Social Security SUMMARY: For each award year, the appropriate, for the applicant’s parent(s) number, the year of the award, the name Secretary publishes in the Federal or spouse. The Student Aid Report of the grantee institution, major country Register a notice announcing the (SAR) provided to the applicant will in which you conducted your FAFSA information that an institution indicate that the applicant’s FAFSA educational activity, and any other and an applicant may be required to information has been selected for identifying information requested by the verify, as well as the acceptable verification and direct the applicant to Department while processing the documentation for verifying FAFSA contact the institution for further request, to distinguish between information. This is the notice for the instructions for completing the individuals with the same name. Your 2019–2020 award year. verification process. request must meet the requirements of FOR FURTHER INFORMATION CONTACT: The following chart lists, for the the Department’s Privacy Act Jacquelyn C. Butler, U.S. Department of 2019–2020 award year, the FAFSA regulations at 34 CFR 5b.5, including Education, 400 Maryland Avenue SW, information that an institution and an proof of identity. Room 294–10, Washington, DC 20202. applicant and, if appropriate, the EXEMPTIONS PROMULGATED FOR THE SYSTEM: Telephone: (202) 453–6088. applicant’s parent(s) or spouse may be None. If you use a telecommunications required to verify under 34 CFR 668.56. device for the deaf (TDD) or a text The chart also lists the acceptable HISTORY: telephone (TTY), call the Federal Relay documentation that must, under The System of Records entitled ‘‘Title Service (FRS), toll free, at 1–800–877– § 668.57, be provided to an institution VI International Research and Studies 8339. for that information to be verified.

LTCH QRP QUALITY MEASURES UNDER CONSIDERATION FOR FUTURE YEARS

FAFSA Information Acceptable documentation

Income information for tax filers: (1) 2017 tax account information of the tax filer that the Secretary has identified as having been obtained a. Adjusted Gross Income from the Internal Revenue Service (IRS) through the IRS Data Retrieval Tool and that has not been (AGI) changed after the information was obtained from the IRS; or b. U.S. Income Tax Paid (2) A transcript 1 obtained at no cost from the IRS or other relevant tax authority of a U.S. territory (Guam, c. Untaxed Portions of IRA Dis- American Samoa, the U.S. Virgin Islands) or commonwealth (Puerto Rico and the Northern Mariana Is- tributions. lands), or a foreign government that lists 2017 tax account information of the tax filer. d. Untaxed Portions of Pen- sions. e. IRA Deductions and Pay- ments. f. Tax Exempt Interest Income g. Education Credits Income information for tax filers (1) For a student, or the parent(s) of a dependent student, who filed a 2017 joint income tax return and with special circumstances: whose income is used in the calculation of the applicant’s expected family contribution and who at the a. Adjusted Gross Income time the FAFSA was completed was separated, divorced, widowed, or married to someone other than (AGI). the individual included on the 2017 joint income tax return— b. U.S. Income Tax Paid (a) A transcript obtained from the IRS or other relevant tax authority that lists 2017 tax account infor- c. Untaxed Portions of IRA Dis- mation of the tax filer(s); and tributions. (b) A copy of IRS Form WÐ2 2 for each source of 2017 employment income received or an equivalent d. Untaxed Portions of Pen- document.2 sions. (2) For an individual who is required to file a 2017 IRS income tax return and has been granted a filing ex- e. IRA Deductions and Pay- tension by the IRS beyond the automatic six-month extension for tax year 2017— ments. (a) A copy of IRS Form 4868,3 ‘‘Application for Automatic Extension of Time to File U.S. Individual In- f. Tax Exempt Interest Income come Tax Return,’’ that the individual filed with the IRS for tax year 2017; g. Education Credits (b) A copy of the IRS’s approval of an extension beyond the automatic six-month extension for tax year 2017; (c) Confirmation of nonfiling from the IRS dated on or after October 1, 2018;

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LTCH QRP QUALITY MEASURES UNDER CONSIDERATION FOR FUTURE YEARS—Continued

FAFSA Information Acceptable documentation

(d) A copy of IRS Form WÐ2 2 for each source of 2017 employment income received or an equivalent document 2; and (e) If self-employed, a signed statement certifying the amount of AGI and U.S. income tax paid for tax year 2017. Note: An institution may require that, after the income tax return is filed, an individual granted a filing ex- tension beyond the automatic six-month extension submit tax information using the IRS Data Retrieval Tool or by obtaining a transcript from the IRS that lists 2017 tax account information. When an institution receives such information, it must be used to reverify the FAFSA information included on the transcript. (3) For an individual who was the victim of IRS tax-related identity theft— (a) A Tax Return DataBase View (TRDBV) transcript obtained from the IRS; and (b) A statement signed and dated by the tax filer indicating that he or she was a victim of IRS tax-re- lated identity theft and that the IRS has been made aware of the tax-related identity theft. Note: Tax filers may inform the IRS of the tax-related identity theft and obtain a TRDBV transcript by call- ing the IRS’s Identity Protection Specialized Unit (IPSU) at 1–800–908–4490. Tax filers who cannot ob- tain a TRDBV transcript may instead submit another official IRS transcript or equivalent document pro- vided by the IRS if it includes all of the income and tax information required to be verified. Unless the in- stitution has reason to suspect the authenticity of the TRDBV transcript or an equivalent document pro- vided by the IRS, a signature or stamp or any other validation from the IRS is not needed. (4) For an individual who filed an amended tax return with the IRS— (a) A transcript obtained from the IRS that lists 2017 tax account information of the tax filer(s); and (b) A signed copy of the IRS Form 1040X that was filed with the IRS. Income information for nontax filers: Income earned from work ...... For an individual who has not filed and, under IRS or other relevant tax authority rules (e.g., the Republic of the Marshall Islands, the Republic of Palau, the Federated States of Micronesia, a U.S. territory or commonwealth or a foreign government), is not required to file a 2017 income tax return— (1) A signed statement certifying— (a) That the individual has not filed and is not required to file a 2017 income tax return; and (b) The sources of 2017 income earned from work and the amount of income from each source; (2) A copy of IRS Form WÐ2 2 for each source of 2017 employment income received or an equivalent doc- ument 2; and (3) Except for dependent students, confirmation of nonfiling from the IRS or other relevant tax authority dated on or after October 1, 2018. Number of Household Members ..... A statement signed by the applicant and, if the applicant is a dependent student, by one of the applicant’s parents, that lists the name and age of each household member for the 2019Ð2020 award year and the relationship of that household member to the applicant. Note: Verification of number of household members is not required if— • For a dependent student, the household size indicated on the ISIR is two and the parent is single, separated, divorced, or widowed, or the household size indicated on the ISIR is three if the parents are married or unmarried and living together; or • For an independent student, the household size indicated on the ISIR is one and the applicant is single, separated, divorced, or widowed, or the household size indicated on the ISIR is two if the applicant is married. Number in College ...... (1) A statement signed by the applicant and, if the applicant is a dependent student, by one of the appli- cant’s parents listing the name and age of each household member who is or will be attending an eligi- ble postsecondary educational institution as at least a half-time student in the 2019Ð2020 award year in a program that leads to a degree or certificate and the name of that educational institution. (2) If an institution has reason to believe that the signed statement provided by the applicant regarding the number of household members enrolled in eligible postsecondary institutions is inaccurate, the institution must obtain documentation from each institution named by the applicant that the household member in question is, or will be, attending on at least a half-time basis unless— (a) The applicant’s institution determines that such documentation is not available because the house- hold member in question has not yet registered at the institution the household member plans to at- tend; or (b) The institution has documentation indicating that the household member in question will be attend- ing the same institution as the applicant. Note: Verification of the number of household members in college is not required if the number in college indicated on the ISIR is ‘‘1.’’ High School Completion Status ...... The applicant’s high school completion status when the applicant attends the institution in 2019Ð2020. (1) High School Diploma (a) A copy of the applicant’s high school diploma; (b) A copy of the applicant’s final official high school transcript that shows the date when the diploma was awarded; or (c) A copy of the ‘‘secondary school leaving certificate’’ (or other similar document) for students who completed secondary education in a foreign country and are unable to obtain a copy of their high school diploma or transcript. Note: Institutions that have the expertise may evaluate foreign secondary school credentials to determine their equivalence to U.S. high school diplomas. Institutions may also use a foreign diploma evaluation service for this purpose. (2) Recognized Equivalent of a High School Diploma (a) General Educational Development (GED) Certificate or GED transcript;

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LTCH QRP QUALITY MEASURES UNDER CONSIDERATION FOR FUTURE YEARS—Continued

FAFSA Information Acceptable documentation

(b) A State certificate or transcript received by a student after the student has passed a State-author- ized examination (HiSET, TASC, or other State-authorized examination) that the State recognizes as the equivalent of a high school diploma; (c) An academic transcript that indicates the student successfully completed at least a two-year pro- gram that is acceptable for full credit toward a bachelor’s degree at any participating institution; or (d) For a person who is seeking enrollment in an educational program that leads to at least an asso- ciate degree or its equivalent and who excelled academically in high school but did not complete high school, documentation from the high school that the student excelled academically and docu- mentation from the postsecondary institution that the student has met its written policies for admit- ting such students. (3) Homeschool (a) If the State where the student was homeschooled requires by law that such students obtain a sec- ondary school completion credential for homeschool (other than a high school diploma or its recog- nized equivalent), a copy of that credential; or (b) If such State law does not require the credential noted in 3(a), a transcript or the equivalent signed by the student’s parent or guardian that lists the secondary school courses the student completed and documents the successful completion of a secondary school education in a homeschool setting. Note: In cases where documentation of an applicant’s completion of a secondary school education is un- available, e.g., the secondary school is closed and information is not available from another source, such as the local school district or a State Department of Education, or in the case of homeschooling, the parent(s)/guardian(s) who provided the homeschooling is deceased, an institution may accept alter- native documentation to verify the applicant’s high school completion status (e.g., DD Form 214 Certifi- cate of Release or Discharge From Active Duty that indicates the individual is a high school graduate or equivalent). When documenting an applicant’s high school completion status, an institution may rely on documentation it has already collected for purposes other than the Title IV verification requirements (e.g., high school transcripts maintained in the admissions office) if the documentation meets the criteria outlined above. Verification of high school completion status is not required if the institution successfully verified and docu- mented the applicant’s high school completion status for a prior award year. Identity/Statement of Educational (1) An applicant must appear in person and present the following documentation to an institutionally au- Purpose. thorized individual to verify the applicant’s identity: (a) An unexpired valid government-issued photo identification 4 such as, but not limited to, a driver’s li- cense, non-driver’s identification card, other State-issued identification, or U.S. passport. The institu- tion must maintain an annotated copy of the unexpired valid government-issued photo identification that includes— i. The date the identification was presented; and ii. The name of the institutionally authorized individual who reviewed the identification; and (b) A signed statement using the exact language as follows, except that the student’s identification number is optional if collected elsewhere on the same page as the statement: Statement of Educational Purpose I certify that I llllllllll am (Print Student’s Name) the individual signing this Statement of Educational Purpose and that the Federal student financial as- sistance I may receive will only be used for educational purposes and to pay the cost of attending llllllllllllll for 2019Ð2020. (Name of Postsecondary Educational Institution) llllllllllllllllll llllll (Student’s Signature) (Date) llllllllll (Student’s ID Number) (2) If an institution determines that an applicant is unable to appear in person to present an unexpired valid photo identification and execute the Statement of Educational Purpose, the applicant must provide the institution with— (a) A copy of an unexpired valid government-issued photo identification 4 such as, but not limited to, a driver’s license, non-driver’s identification card, other State-issued identification, or U.S. passport that is acknowledged in a notary statement or that is presented to a notary; and (b) An original notarized statement signed by the applicant using the exact language as follows, ex- cept that the student’s identification number is optional if collected elsewhere on the same page as the statement: Statement of Educational Purpose I certify that I llllllllll am (Print Student’s Name) the individual signing this Statement of Educational Purpose and that the Federal student financial as- sistance I may receive will only be used for educational purposes and to pay the cost of attending llllllllllllll for 2019Ð2020. (Name of Postsecondary Educational Institution) llllllllllllllllll llllll (Student’s Signature) (Date)

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LTCH QRP QUALITY MEASURES UNDER CONSIDERATION FOR FUTURE YEARS—Continued

FAFSA Information Acceptable documentation

llllllllll (Student’s ID Number) 1 In lieu of obtaining a transcript whenever mentioned in the above chart, an institution may accept from the tax filer a copy of the 2017 income tax return that was submitted to the IRS or other tax authority only— (a) When the Secretary issues guidance permitting such submission; or (b) When the tax authority of a U.S. territory (Guam, American Samoa, the U.S. Virgin Islands) or commonwealth (Puerto Rico and the North- ern Mariana Islands) or a foreign government does not provide the required information at no charge to the tax filer. The copy of the 2017 income tax return must include the signature of the tax filer, or one of the filers of a joint income tax return, or the signed, stamped, typed, or printed name and address of the preparer of the income tax return and the preparer’s Social Security Number, Em- ployer Identification Number, or Preparer Tax Identification Number. For a tax filer who filed an income tax return other than an IRS form, such as a foreign or Puerto Rican tax form, the institution must use the income information (converted to U.S. dollars) from the lines of that form that correspond most closely to the income information reported on a U.S. income tax return. An individual who did not retain a copy of his or her 2017 tax account information, and for whom that information cannot be located by the IRS or other relevant tax authority, must submit to the institution— (a) Copies of all IRS Form WÐ2s for each source of 2017 employment income or equivalent documents; or (b) If the individual is self-employed or filed an income tax return with a government of a U.S. territory or commonwealth or a foreign govern- ment, a signed statement certifying the amount of AGI and income taxes paid for tax year 2017; and (c) Documentation from the IRS or other relevant tax authority that indicates the individual’s 2017 tax account information cannot be located; and (d) A signed statement that indicates that the individual did not retain a copy of his or her 2017 tax account information. 2 An individual who is required to submit an IRS Form WÐ2 or an equivalent document but did not maintain a copy should request a duplicate from the employer who issued the original or from the government agency that issued the equivalent document. If the individual is unable to ob- tain a duplicate WÐ2 or an equivalent document in a timely manner, the institution may permit that individual to provide a signed statement, in accordance with 34 CFR 668.57(a)(6), that includes— (a) The amount of income earned from work; (b) The source of that income; and (c) The reason why the IRS Form WÐ2, or an equivalent document, is not available in a timely manner. 3 For an individual who was called up for active duty or for qualifying National Guard duty during a war or other military operation or national emergency, in lieu of IRS Form 4868, an institution must accept a statement from the individual certifying that he or she has not filed an income tax return or a request for a filing extension because of that service. 4 An unexpired valid government-issued photo identification is one issued by the U.S. government, any of the 50 States, the District of Colum- bia, the Commonwealth of Puerto Rico, a federally recognized American Indian and Alaska Native Tribe, American Samoa, Guam, the Virgin Is- lands, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Re- public of Palau.

Verification Requirements for Other Sources for Detailed Information Adobe Acrobat Reader, which is available free at the site. Individuals Who Are Eligible for an We provide a more detailed Auto Zero Expected Family discussion on the verification process in You may also access documents of the Contribution (EFC) the following resources: Department published in the Federal • 2019–2020 Application and Register by using the article search Only the following FAFSA/ISIR feature at: www.federalregister.gov. information must be verified: Verification Guide. • 2019–2020 ISIR Guide. Specifically, through the advanced For dependent students— search feature at this site, you can limit • 2019–2020 SAR Comment Codes your search to documents published by • The parents’ AGI if the parents were and Text. the Department. tax filers; • 2019–2020 COD Technical • The parents’ income earned from Reference. Program Authority: 20 U.S.C. 1070a, work if the parents were nontax filers; • Program Integrity Information— 1070a–1, 1070b–1070b–4, 1070c–1070c–4, Questions and Answers on Verification 1070g, 1071–1087–2, 1087a–1087j, and and 1087aa–1087ii; 42 U.S.C. 2751–2756b. • at http://www2.ed.gov/policy/highered/ The student’s high school Dated: March 23, 2018. completion status and identity/ reg/hearulemaking/2009/ Frank T. Brogan, statement of educational purpose, if verification.html. selected. These publications are on the Principal Deputy Assistant Secretary and Information for Financial Aid Delegated the duties of the Assistant For independent students— Professionals website at Secretary, Office of Planning, Evaluation and • The student’s and spouse’s AGI if www.ifap.ed.gov. Policy Development, Delegated the duties of the Assistant Secretary, Office of they were tax filers; Electronic Access to This Document: Postsecondary Education. The official version of this document is • The student’s and spouse’s income [FR Doc. 2018–06278 Filed 3–27–18; 8:45 am] the document published in the Federal earned from work if they were nontax BILLING CODE 4000–01–P filers; Register. Free internet access to the • official edition of the Federal Register The student’s high school and the Code of Federal Regulations is completion status and identity/ available via the Federal Digital System DEPARTMENT OF ENERGY statement of educational purpose, if at: www.gpo.gov/fdsys. At this site you selected; and can view this document, as well as all Biological and Environmental • The number of household members other documents of this Department Research Advisory Committee to determine if the independent student published in the Federal Register, in has one or more dependents other than text or Portable Document Format AGENCY: Office of Science, Department a spouse. (PDF). To use PDF you must have of Energy.

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ACTION: Notice of open meeting. before the meeting. Reasonable • Comments from the DOE, Tennessee provision will be made to include the Department of Environment and SUMMARY: This notice announces a scheduled oral statements on the Conservation, and Environmental meeting of the DOE/Biological and agenda. The Chairperson of the Protection Agency Liaisons Environmental Research Advisory Committee will conduct the meeting to • Public Comment Period Committee (BERAC). The Federal facilitate the orderly conduct of • Presentation: Overview of the Advisory Committee Act requires that business. Public comment will be Ongoing Effort to Assure Waste public notice of these meetings be limited to five minutes each. Disposal Capacity announced in the Federal Register. Minutes: The minutes of this meeting • Motions/Approval of February 14, DATES: will be available for public review and 2018 Meeting Minutes • Wednesday, April 25, 2018; 8:30 a.m.– copying within 45 days at the BERAC Status of Outstanding 5:30 p.m. website: http://science.energy.gov/ber/ Recommendations Thursday, April 26, 2018; 8:30 a.m.– • Alternate DDFO Report berac/meetings/berac-minutes/. • 12:30 p.m. Committee Reports Issued in Washington, DC on March 22, • Adjourn ADDRESSES: Hilton Washington DC 2018. Public Participation: The EM SSAB, North/Gaithersburg, 620 Perry Parkway, LaTanya R. Butler, Gaithersburg, MD 20877. Oak Ridge, welcomes the attendance of Deputy Committee Management Officer. the public at its advisory committee FOR FURTHER INFORMATION CONTACT: Dr. [FR Doc. 2018–06198 Filed 3–27–18; 8:45 am] meetings and will make every effort to Tristram West, Designated Federal BILLING CODE 6450–01–P accommodate persons with physical Officer, BERAC, U.S. Department of disabilities or special needs. If you Energy, Office of Science, Office of require special accommodations due to Biological and Environmental Research, DEPARTMENT OF ENERGY a disability, please contact Melyssa P. SC–23/Germantown Building, 1000 Noe at least seven days in advance of Independence Avenue SW, Washington, Environmental Management Site- the meeting at the phone number listed DC 20585–1290. Phone 301–903–5155; Specific Advisory Board, Oak Ridge above. Written statements may be filed fax (301) 903–5051 or email: AGENCY: Department of Energy. with the Board either before or after the [email protected]. The meeting. Individuals who wish to make most current information concerning ACTION: Notice of open meeting. oral statements pertaining to the agenda this meeting can be found on the SUMMARY: This notice announces a item should contact Melyssa P. Noe at website: http://science.energy.gov/ber/ meeting of the Environmental the address or telephone number listed berac/meetings/. Management Site-Specific Advisory above. Requests must be received five SUPPLEMENTARY INFORMATION: Board (EM SSAB), Oak Ridge. The days prior to the meeting and reasonable Purpose of the Committee: To provide Federal Advisory Committee Act provision will be made to include the advice on a continuing basis to the requires that public notice of this presentation in the agenda. The Deputy Director, Office of Science of the meeting be announced in the Federal Designated Federal Officer is Department of Energy, on the many Register. empowered to conduct the meeting in a complex scientific and technical issues DATES: Wednesday, April 11, 2018, 6:00 fashion that will facilitate the orderly that arise in the development and p.m. conduct of business. Individuals implementation of the Biological and wishing to make public comments will Environmental Research Program. ADDRESSES: Department of Energy Information Center, Office of Science be provided a maximum of five minutes Tentative Agenda Topics and Technical Information, 1 to present their comments. Minutes: Minutes will be available by • Science.gov Way, Oak Ridge, Tennessee News from the Office of Science writing or calling Melyssa P. Noe at the • 37831. News from the Office of Biological address and phone number listed above. and Environmental Research (BER) FOR FURTHER INFORMATION CONTACT: • Minutes will also be available at the News from the Biological Systems Melyssa P. Noe, Alternate Deputy following website: https://energy.gov/ Science and Climate and Designated Federal Officer, U.S. orem/listings/oak-ridge-site-specific- Environmental Sciences Divisions Department of Energy, Oak Ridge Office advisory-board-meetings. • Response to the report by the of Environmental Management (OREM), Biological Systems Science Division P.O. Box 2001, EM–942, Oak Ridge, TN Issued at Washington, DC, on March 22, Committee of Visitors 37831. Phone (865) 241–3315; Fax (865) 2018. • Updates on data science programs 241–6932; E-Mail: Melyssa.Noe@ LaTanya R. Butler, • Scientific workshop outbriefs orem.doe.gov. Or visit the website at: Deputy Committee Management Officer. • Science talks https://energy.gov/orem/services/ [FR Doc. 2018–06197 Filed 3–27–18; 8:45 am] • New business community-engagement/oak-ridge-site- BILLING CODE 6450–01–P • Public comment specific-advisory-board. Public Participation: The day and a SUPPLEMENTARY INFORMATION: half meeting is open to the public. If you Purpose of the Board: The purpose of DEPARTMENT OF ENERGY would like to file a written statement the Board is to make recommendations Environmental Management Site- with the Committee, you may do so to DOE–EM and site management in the either before or after the meeting. If you Specific Advisory Board, Northern New areas of environmental restoration, Mexico would like to make oral statements waste management, and related regarding any of the items on the activities. AGENCY: Department of Energy. agenda, you should contact Tristram ACTION: Notice of open meeting. West at [email protected] Tentative Agenda (email) or 301–903–5051 (fax). You • Welcome and Announcements SUMMARY: This notice announces a must make your request for an oral • Comments from the Deputy combined meeting of the Environmental statement at least five business days Designated Federal Officer (DDFO) Monitoring and Remediation Committee

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and Waste Management Committee of Discussion of Draft NNMCAB required by the Paperwork Reduction the Environmental Management Site- Recommendation Act of 1995. The information collection Specific Advisory Board (EM SSAB), Æ Other Items requests a three-year extension with no Northern New Mexico (known locally as • New Business changes to Form EIA–111, ‘‘Quarterly the Northern New Mexico Citizens’ • Update from NNMCAB Chair Electricity Imports and Exports Report,’’ Advisory Board [NNMCAB]). The • Update from Deputy Designated under OMB Control Number 1905–0208. Federal Advisory Committee Act Federal Officer The collection will collect U.S. requires that public notice of this • Public Comment Period electricity import and export data for meeting be announced in the Federal • Remediated Nitrate Salts and Un- the purpose of measuring the flow of Register. remediated Nitrate Salts Close-out electricity into and out of the United and Lessons Learned DATES: States from Canada and Mexico. Wednesday, April 18, 2018 1:00 • Adjourn p.m.–4:00 p.m. DATES: EIA must receive all comments Public Participation: The NNMCAB’s on this proposed information collection ADDRESSES: NNMCAB Office, 94 Cities Committees welcome the attendance of of Gold Road, Pojoaque, NM 87506. no later than April 27, 2018. If you the public at their combined committee anticipate any difficulties in submitting FOR FURTHER INFORMATION CONTACT: meeting and will make every effort to Menice Santistevan, Northern New your comments by the deadline, contact accommodate persons with physical the DOE Desk Officer at 202–395–4718. Mexico Citizens’ Advisory Board, 94 disabilities or special needs. If you Cities of Gold Road, Santa Fe, NM require special accommodations due to ADDRESSES: Written comments should 87506. Phone (505) 995–0393; Fax (505) a disability, please contact Menice be sent to: 989–1752 or Email: Santistevan at least seven days in DOE Desk Officer: James Tyree, Office of [email protected]. advance of the meeting at the telephone Information and Regulatory Affairs, SUPPLEMENTARY INFORMATION: number listed above. Written statements Office of Management and Budget, Purpose of the Board: The purpose of may be filed with the Committees either New Executive Office Building, Room the Board is to make recommendations before or after the meeting. Individuals 9249, 735 17th Street NW, to DOE–EM and site management in the who wish to make oral statements Washington, DC 20503, areas of environmental restoration, pertaining to agenda items should [email protected] waste management, and related contact Menice Santistevan at the and to activities. address or telephone number listed Tosha Beckford, U.S. Department of Purpose of the Environmental above. Requests must be received five Energy, U.S. Energy Information Monitoring and Remediation Committee days prior to the meeting and reasonable Administration, 1000 Independence (EM&R): The EM&R Committee provides provision will be made to include the Ave. SW, Washington, DC 20585, a citizens’ perspective to NNMCAB on presentation in the agenda. The Deputy [email protected]. current and future environmental Designated Federal Officer is FOR FURTHER INFORMATION CONTACT: remediation activities resulting from empowered to conduct the meeting in a Requests for additional information or historical Los Alamos National fashion that will facilitate the orderly copies of the information collection Laboratory (LANL) operations and, in conduct of business. Individuals instrument and instructions, should be particular, issues pertaining to wishing to make public comments will directed to Tosha Beckford at 202–287– groundwater, surface water and work be provided a maximum of five minutes 6597, or email it to Tosha.Beckford@ required under the New Mexico to present their comments. eia.gov. You can view Form EIA–111, Environment Department Order on Minutes: Minutes will be available by Quarterly Electricity Imports and Consent. The EM&R Committee will writing or calling Menice Santistevan at Exports Report online at https:// keep abreast of DOE–EM and site the address or phone number listed www.eia.gov/survey/#eia-111. programs and plans. The committee will above. Minutes and other Board SUPPLEMENTARY INFORMATION: work with the NNMCAB to provide documents are on the internet at: http:// This information collection request assistance in determining priorities and energy.gov/em/nnmcab/meeting- contains: the best use of limited funds and time. materials. (1) OMB No.: 1905–0208. Formal recommendations will be Issued at Washington, DC on March 23, proposed when needed and, after (2) Information Collection Request 2018. Title: Quarterly Electricity Imports and consideration and approval by the full LaTanya R. Butler, NNMCAB, may be sent to DOE–EM for Exports Report. Deputy Committee Management Officer. action. (3) Type of Request: Three-year Purpose of the Waste Management [FR Doc. 2018–06199 Filed 3–27–18; 8:45 am] extension. (WM) Committee: The WM Committee BILLING CODE 6450–01–P (4) Purpose: Form EIA–111 collects reviews policies, practices and U.S. electricity import and export data. procedures, existing and proposed, so as The data are used to generate accurate DEPARTMENT OF ENERGY to provide recommendations, advice, estimates of the flow of electricity into and out of the United States from suggestions and opinions to the Energy Information Administration NNMCAB regarding waste management Canada and Mexico. The import and export data are reported by U.S. operations at the Los Alamos site. Agency Information Collection purchasers, sellers, and transmitters of Extension Tentative Agenda wholesale sales of electricity, including • Call to Order and Introductions AGENCY: U.S. Energy Information persons authorized by Presidential • Approval of Agenda Administration (EIA), U.S. Department Permit to construct, operate, maintain, • Approval of Minutes from February of Energy (DOE). or connect electric power transmission 28, 2018 ACTION: Notice. lines that cross the U.S. international • Old Business border, and U.S. Balancing Authorities Æ Energy Communities Alliance’s SUMMARY: EIA submitted an information that are interconnected with foreign Waste Disposition Report and collection request for extension as Balancing Authorities. Such entities

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report monthly flows of electricity eFiling link at http://www.ferc.gov. Please file motions to intervene, protests received or delivered across the U.S. Persons unable to file electronically and comments using the Commission’s border, the cost associated with the should submit an original and 5 copies eFiling system at http://www.ferc.gov/ transactions, and actual and of the protest or intervention to the docs-filing/efiling.asp. Commenters can implemented interchange. Federal Energy Regulatory Commission, submit brief comments up to 6,000 (5) Annual Estimated Number of 888 First Street NE, Washington, DC characters, without prior registration, Respondents: 176. 20426. using the eComment system at http:// (6) Annual Estimated Number of This filing is accessible on-line at www.ferc.gov/docs-filing/ Total Responses: 704. http://www.ferc.gov, using the eLibrary ecomment.asp. You must include your (7) Annual Estimated Number of link and is available for review in the name and contact information at the end Burden Hours: 1,056. Commission’s Public Reference Room in of your comments. For assistance, (8) Annual Estimated Reporting and Washington, DC. There is an please contact FERC Online Support at Recordkeeping Cost Burden: The cost of eSubscription link on the website that [email protected], (866) the burden hours is estimated to be enables subscribers to receive email 208–3676 (toll free), or (202) 502–8659 $79,929 (1,056 burden hours times notification when a document is added (TTY). In lieu of electronic filing, please $75.69 per hour). EIA estimates that to a subscribed docket(s). For assistance send a paper copy to: Secretary, Federal there are no additional costs to with any FERC Online service, please Energy Regulatory Commission, 888 respondents associated with the surveys email [email protected], or First Street, NE, Washington, DC 20426. other than the costs associated with the call (866) 208–3676 (toll free). For TTY, The first page of any filing should burden hours. call (202) 502–8659. include docket number P–11006–007. Statutory Authority: Section 13(b) of the Comments: 5:00 p.m. Eastern Time on k. Description of Project Facilities: Federal Energy Administration Act of 1974, April 18, 2018. The project consists of: (a) A concrete Pub. L. 93–275, codified as 15 U.S.C. 772(b) intake structure along the upper canal and the DOE Organization Act of 1977, Pub. Dated: March 20, 2018. having steel trashracks; (b) a wooden L. 95–91, codified at 42 U.S.C. 7101 et seq. Kimberly D. Bose, gatehouse containing three hand- Issued in Washington, DC, on March 13, Secretary. operated timber headgates; (c) three 2018. [FR Doc. 2018–06182 Filed 3–27–18; 8:45 am] steel penstocks with diameters of 10, 8, Nanda Srinivasan, BILLING CODE 6717–01–P and 7 feet; (d) a brick and concrete Director, Office of Survey Development and powerhouse containing three generating Statistical Integration, U.S. Energy units—Unit No. 1 with a nameplate Information Administration. DEPARTMENT OF ENERGY capacity of 700 kilowatts (kW), Unit No. 2 with a nameplate capacity of 800 kW [FR Doc. 2018–06192 Filed 3–27–18; 8:45 am] Federal Energy Regulatory BILLING CODE 6450–01–P that is limited to an installed capacity Commission of 515 kW by the unit’s turbine, and [Project No. 11006–007] Unit No. 3 with a nameplate capacity of DEPARTMENT OF ENERGY 500 kW that is limited to an installed City of Lewiston, Maine; Notice of capacity of 480 kW by the unit’s Federal Energy Regulatory Application for Surrender of License, turbine—for a total installed capacity of Commission Soliciting Comments, Motions To 1,695 kW; (e) a stone tailrace; (f) Intervene, and Protests electrical switchgear; and (g) [Docket No. AC18–59–000] appurtenant facilities. Take notice that the following l. Description of Request: The licensee Edison Electric Institute; Notice of hydroelectric application has been filed Filing proposes to surrender the project with the Commission and is available because it no longer intends to generate Take notice that on March 19, 2018, for public inspection: power. The licensee would permanently Edison Electric Institute filed a request a. Type of Proceeding: Application for retire the generating station by approval for electric companies to use surrender of license. disconnecting the generation equipment Account 439, recently authorized by the b. Project No.: 11006–007. and securing the facilities. The project Financial Accounting Standards Board. c. Date Filed: March 20, 2018. facilities would continue to be owned Any person desiring to intervene or to d. Licensee: City of Lewiston, Maine. by the licensee and would be used for protest this filing must file in e. Name of Project: Upper non-project, non-generating purposes, as accordance with Rules 211 and 214 of Androscoggin Project. part of the City’s plans to redevelop the the Commission’s Rules of Practice and f. Location: The project is located on Lewiston Canal System for commercial Procedure (18 CFR 385.211, 385.214). the Androscoggin River in the town of and public use. The proposal would Protests will be considered by the Lewiston, Androscoggin County, Maine. have no impact on the generating or Commission in determining the g. Filed Pursuant to: Federal Power water control capabilities of the appropriate action to be taken, but will Act, 16 U.S.C. 791a–825r. downstream Lewiston Falls Project not serve to make protestants parties to h. Licensee Contact: Mr. Edward (FERC No. 2302). the proceeding. Any person wishing to Barrett, City Administrator, City Hall, 27 m. This filing may be viewed on the become a party must file a notice of Pine Street, Lewiston, ME 04240, (207) Commission’s website at http:// intervention or motion to intervene, as 513–3121, [email protected]. www.ferc.gov/docs-filing/elibrary.asp. appropriate. Such notices, motions, or i. FERC Contact: Ms. Rebecca Martin, Enter the docket number excluding the protests must be filed on or before the (202) 502–6012, Rebecca.martin@ last three digits in the docket number comment date. Anyone filing a motion ferc.gov. field to access the document. You may to intervene or protest must serve a copy j. Deadline for filing comments, also register online at http:// of that document on the Applicant. interventions, and protests is 30 days www.ferc.gov/docs-filing/ The Commission encourages from the issuance date of this notice by esubscription.asp to be notified via electronic submission of protests and the Commission. The Commission email of new filings and issuances interventions in lieu of paper using the strongly encourages electronic filing. related to this or other pending projects.

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For assistance, call 1–866–208–3676 or accordance with 18 CFR 4.34(b) and 208–3676 (toll free), or (202) 502–8659 email [email protected], for 385.2010. (TTY). In lieu of electronic filing, please TTY, call (202) 502–8659. A copy is also q. Agency Comments—Federal, state, send a paper copy to: Secretary, Federal available for inspection and and local agencies are invited to file Energy Regulatory Commission, 888 reproduction in the Commission’s comments on the described proceeding. First Street NE, Washington, DC 20426. Public Reference Room located at 888 If any agency does not file comments The first page of any filing should First Street NE, Room 2A, Washington, within the time specified for filing include docket number P–2514–180. DC 20426, or by calling (202) 502–8371. comments, it will be presumed to have k. Description of Request: The n. Individuals desiring to be included no comments. applicant intends to drawdown the reservoir at the Byllesby development to on the Commission’s mailing list should Dated: March 22, 2018. 8 feet below the normal minimum so indicate by writing to the Secretary Kimberly D. Bose, of the Commission. reservoir elevation to facilitate replacing Secretary. o. Comments, Protests, or Motions to wooden flashboards with inflatable [FR Doc. 2018–06189 Filed 3–27–18; 8:45 am] Intervene: Anyone may submit Obermeyer gates. The applicant plans to comments, a protest, or a motion to BILLING CODE 6717–01–P begin the drawdown on April 30, 2018, intervene in accordance with the and return the reservoir to the normal elevation by November 16, 2018. The requirements of Rules of Practice and DEPARTMENT OF ENERGY Procedure, 18 CFR 385.210, .211, .212 applicant would close the Byllesby and .214. In determining the appropriate public boat access and the Byllesby Federal Energy Regulatory portage during the duration of the action to take, the Commission will Commission consider all protests or other comments drawdown, and would notify the public filed, but only those who file a motion [Project No. 2514–180] of these closings via local media and to intervene in accordance with the signage. Appalachian Power Company; Notice l. Locations of the Applications: A Commission’s Rules may become a of Application Accepted for Filing and copy of the application is available for party to the proceeding. Any comments, Soliciting Comments, Motions To inspection and reproduction at the protests, or motions to intervene must Intervene, and Protests Commission’s Public Reference Room, be received on or before the specified located at 888 First Street NE, Room 2A, comment date for the particular Take notice that the following Washington, DC 20426, or by calling application. hydroelectric application has been filed (202) 502–8371. The filing may also be p. Filing and Service of Responsive with the Commission and is available viewed on the Commission’s website at Documents: Any filing must (1) bear in for public inspection. http://www.ferc.gov/docs-filing/ all capital letters the title a. Type of Application: Non-capacity elibrary.asp. Enter the docket number ‘‘COMMENTS’’, ‘‘PROTEST’’, or amendment of license. excluding the last three digits in the ‘‘MOTION TO INTERVENE’’ as b. Project No.: 2514–180. docket number field to access the applicable; (2) set forth in the heading c. Date Filed: March 15, 2018. document. You may also register online the name of the applicant and the d. Applicant: Appalachian Power at http://www.ferc.gov/docs-filing/ project number of the application to Company. esubscription.asp to be notified via which the filing responds; (3) furnish e. Name of Project: Byllesby and Buck email of new filings and issuances the name, address, and telephone Hydroelectric Project. related to this or other pending projects. number of the person protesting or f. Location: The project is located on For assistance, call 1–866–208–3676 or intervening; and (4) otherwise comply the New River in Carroll County, email [email protected], for with the requirements of 18 CFR Virginia. TTY, call (202) 502–8659. 385.2001 through 385.2005. All g. Filed Pursuant to: Federal Power m. Individuals desiring to be included comments, motions to intervene, or Act, 16 U.S.C. 791(a)–825(r). on the Commission’s mailing list should protests must set forth their evidentiary h. Applicant Contact: Ms. Elizabeth B. so indicate by writing to the Secretary basis and otherwise comply with the Parcell, Appalachian Power, P.O. Box of the Commission. requirements of 18 CFR 4.34(b). All 2021, Roanoke, VA 24022, (703) 985– n. Comments, Motions to Intervene, or comments, motions to intervene, or 2300. Protests: Anyone may submit protests should relate to the surrender i. FERC Contact: Steven Sachs, (202) comments, a motion to intervene, or a application that is the subject of this 502–8666, [email protected]. protest in accordance with the notice. Agencies may obtain copies of j. Deadline for filing comments, requirements of Rules of Practice and the application directly from the motions to intervene, and protests is 30 Procedure, 18 CFR 385.210, .211, .214. applicant. A copy of any protest or days from the issuance of this notice by In determining the appropriate action to motion to intervene must be served the Commission. The Commission take, the Commission will consider all upon each representative of the strongly encourages electronic filing. protests or other comments filed, but applicant specified in the particular Please file comments, motions to only those who file a motion to application. If an intervener files intervene, and protests using the intervene in accordance with the comments or documents with the Commission’s eFiling system at http:// Commission’s Rules may become a Commission relating to the merits of an www.ferc.gov/docs-filing/efiling.asp. party to the proceeding. Any comments, issue that may affect the responsibilities Commenters can submit brief comments motions to intervene, or protests must of a particular resource agency, they up to 6,000 characters, without prior be received on or before the specified must also serve a copy of the document registration, using the eComment system comment date for the particular on that resource agency. A copy of all at http://www.ferc.gov/doc-sfiling/ application. other filings in reference to this ecomment.asp. You must include your o. Filing and Service of Responsive application must be accompanied by name and contact information at the end Documents: Any filing must (1) bear in proof of service on all persons listed in of your comments. For assistance, all capital letters the title the service list prepared by the please contact FERC Online Support at ‘‘COMMENTS’’, ‘‘MOTION TO Commission in this proceeding, in [email protected], (866) INTERVENE’’, or ‘‘PROTEST’’ as

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applicable; (2) set forth in the heading Company (FPL) and operated as non- Commission and must mail a copy to the name of the applicant and the jurisdictional facilities. The facilities the applicant and to every other party in project number of the application to currently have a capacity of 384 million the proceeding. Only parties to the which the filing responds; (3) furnish cubic feet per day (MMcf/d), all as more proceeding can ask for court review of the name, address, and telephone fully set forth in the application which Commission orders in the proceeding. number of the person protesting or is on file with the Commission and open However, a person does not have to intervening; and (4) otherwise comply for public inspection. intervene in order to have comments with the requirements of 18 CFR The filing may also be viewed on the 385.2001 through 385.2005. All web at http://www.ferc.gov using the considered. The second way to comments, motions to intervene, or ‘‘eLibrary’’ link. Enter the docket participate is by filing with the protests must set forth their evidentiary number excluding the last three digits in Secretary of the Commission, as soon as basis and otherwise comply with the the docket number field to access the possible, an original and two copies of requirements of 18 CFR 4.34(b). All document. For assistance, please contact comments in support of or in opposition comments, motions to intervene, or FERC at [email protected] to this project. The Commission will protests should relate to project works or toll free at (866) 208–3676, or TTY, consider these comments in which are the subject of the temporary (202) 502–8659. determining the appropriate action to be variance request. Agencies may obtain Any questions regarding the proposed taken, but the filing of a comment alone copies of the application directly from project should be directed to William will not serve to make the filer a party the applicant. A copy of any protest or Lavarco, Attorney, Florida Southeast to the proceeding. The Commission’s motion to intervene must be served Connection, LLC, 700 Universe rules require that persons filing upon each representative of the Boulevard, Juno Beach, Florida 33408, comments in opposition to the project applicant specified in the particular or by calling (202) 347–7127 or by email provide copies of their protests only to application. If an intervener files at [email protected]. Pursuant to section 157.9 of the the party or parties directly involved in comments or documents with the the protest. Commission relating to the merits of an Commission’s rules, 18 CFR 157.9, within 90 days of this Notice the Persons who wish to comment only issue that may affect the responsibilities Commission staff will either: complete on the environmental review of this of a particular resource agency, they its environmental assessment (EA) and must also serve a copy of the document project should submit an original and place it into the Commission’s public on that resource agency. A copy of all two copies of their comments to the record (eLibrary) for this proceeding; or other filings in reference to this Secretary of the Commission. issue a Notice of Schedule for application must be accompanied by Environmental commenters will be Environmental Review. If a Notice of proof of service on all persons listed in placed on the Commission’s Schedule for Environmental Review is the service list prepared by the environmental mailing list, will receive issued, it will indicate, among other Commission in this proceeding, in copies of the environmental documents, milestones, the anticipated date for the and will be notified of meetings accordance with 18 CFR 4.34(b) and Commission staff’s issuance of the final associated with the Commission’s 385.2010. environmental impact statement (FEIS) environmental review process. Dated: March 22, 2018. or EA for this proposal. The filing of the Environmental commenters will not be Kimberly D. Bose, EA in the Commission’s public record required to serve copies of filed Secretary. for this proceeding or the issuance of a Notice of Schedule for Environmental documents on all other parties. [FR Doc. 2018–06188 Filed 3–27–18; 8:45 am] However, the non-party commenters BILLING CODE 6717–01–P Review will serve to notify federal and state agencies of the timing for the will not receive copies of all documents completion of all necessary reviews, and filed by other parties or issued by the DEPARTMENT OF ENERGY the subsequent need to complete all Commission (except for the mailing of federal authorizations within 90 days of environmental documents issued by the Federal Energy Regulatory the date of issuance of the Commission Commission) and will not have the right Commission staff’s FEIS or EA. to seek court review of the There are two ways to become Commission’s final order. [Docket No. CP18–108–000] involved in the Commission’s review of The Commission strongly encourages this project. First, any person wishing to Florida Southeast Connection, LLC; electronic filings of comments, protests Notice of Application obtain legal status by becoming a party to the proceedings for this project and interventions in lieu of paper using Take notice that on March 9, 2018, should, on or before the comment date the ‘‘eFiling’’ link at http:// Florida Southeast Connection, LLC stated below, file with the Federal www.ferc.gov. Persons unable to file (FSC), 700 Universe Boulevard, Juno Energy Regulatory Commission, 888 electronically should submit an original Beach, Florida 33408, filed an First Street NE, Washington, DC 20426, and 5 copies of the protest or application under sections 7(c) and 7(e) a motion to intervene in accordance intervention to the Federal Energy of the Natural Gas Act (NGA), and Part with the requirements of the Regulatory Commission, 888 First Street 157 of the Commission’s regulations, Commission’s Rules of Practice and NE, Washington, DC 20426. requesting authorization to acquire, Procedure (18 CFR 385.214 or 385.211) Comment Date: 5:00 p.m. Eastern operate, and maintain approximately 38 and the Regulations under the NGA (18 Time on April 12, 2018. miles of existing natural gas pipeline, CFR 157.10). A person obtaining party three 3,500 brake horsepower (bhp) status will be placed on the service list Dated: March 22, 2018. electric-powered compressors, and maintained by the Secretary of the Kimberly D. Bose, related facilities (Riviera Lateral), Commission and will receive copies of Secretary. located in Martin and Palm Beach all documents filed by the applicant and [FR Doc. 2018–06186 Filed 3–27–18; 8:45 am] Counties, Florida, which are currently by all other parties. A party must submit BILLING CODE 6717–01–P owned by Florida Power & Light 7 copies of filings made with the

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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY

Federal Energy Regulatory Federal Energy Regulatory Federal Energy Regulatory Commission Commission Commission [Docket No. IC18–3–000] [Docket No. AC18–55–000] [Docket No. NJ17–10–003] Commission Information Collection Xcel Energy Services Inc.; Notice of City of Dover, Delaware; Notice of Activities (FERC–725F); Comment Application Filing Request; Extension

Take notice that on February 28, 2018, Take notice that on March 12, 2018, AGENCY: Federal Energy Regulatory Xcel Energy Services Inc. filed a request the City of Dover, Delaware submitted Commission. to change the accounting for the its tariff filing: Compliance Filing ACTION: Notice of information collection transmission related billings under the Docket Nos. NJ17–10–002 and EL17– and request for comments. Restated Agreement to Coordinate 78–000 to be effective 6/1/2017. Planning and Operations and SUMMARY: In compliance with the Interchange Power and Energy between Any person desiring to intervene or to requirements of the Paperwork Northern States Power Company protest this filing must file in Reduction Act of 1995, the Federal (Minnesota) and Northern States Power accordance with Rules 211 and 214 of Energy Regulatory Commission Company (Wisconsin). the Commission’s Rules of Practice and (Commission or FERC) is soliciting Any person desiring to intervene or to Procedure (18 CFR 385.211, 385.214). public comment on the currently protest this filing must file in Protests will be considered by the approved information collection FERC– accordance with Rules 211 and 214 of Commission in determining the 725F (Mandatory Reliability Standard the Commission’s Rules of Practice and appropriate action to be taken, but will for Nuclear Plant Interface Procedure (18 CFR 385.211, 385.214). not serve to make protestants parties to Coordination) and submitting the Protests will be considered by the the proceeding. Any person wishing to information collection to the Office of Commission in determining the become a party must file a notice of Management and Budget (OMB) for appropriate action to be taken, but will intervention or motion to intervene, as review. Any interested person may file comments directly with OMB and not serve to make protestants parties to appropriate. Such notices, motions, or should address a copy of those the proceeding. Any person wishing to protests must be filed on or before the become a party must file a notice of comments to the Commission as comment date. Anyone filing a motion explained below. The Commission intervention or motion to intervene, as to intervene or protest must serve a copy appropriate. Such notices, motions, or published a Notice in the Federal of that document on the Applicant and Register in Docket No. IC18–3–000 (82 protests must be filed on or before the all the parties in this proceeding. comment date. Anyone filing a motion FR 60980, December 26, 2017) to intervene or protest must serve a copy The Commission encourages requesting public comments. FERC of that document on the Applicant. electronic submission of protests and received no comments in response to the Notice and is indicating that in its The Commission encourages interventions in lieu of paper using the submittal to the OMB. electronic submission of protests and ‘‘eFiling’’ link at http://www.ferc.gov. interventions in lieu of paper using the Persons unable to file electronically DATES: Comments on the collection of eFiling link at http://www.ferc.gov. should submit an original and 5 copies information are due April 27, 2018. Persons unable to file electronically of the protest or intervention to the ADDRESSES: Comments filed with OMB, should submit an original and 5 copies Federal Energy Regulatory Commission, identified by OMB Control No. 1902– of the protest or intervention to the 888 First Street NE, Washington, DC 0249, should be sent via email to the Federal Energy Regulatory Commission, 20426. Office of Information and Regulatory _ 888 First Street NE, Washington, DC This filing is accessible online at Affairs: oira [email protected]. 20426. http://www.ferc.gov, using the Attention: Federal Energy Regulatory This filing is accessible on-line at ‘‘eLibrary’’ link and is available for Commission Desk Officer. A copy of the comments should also http://www.ferc.gov, using the eLibrary electronic review in the Commission’s be sent to the Commission, in Docket link and is available for review in the Public Reference Room in Washington, Commission’s Public Reference Room in No. IC18–3–000, by either of the DC. There is an ‘‘eSubscription’’ link on following methods: Washington, DC. There is an the website that enables subscribers to • eFiling at Commission’s website: eSubscription link on the website that receive email notification when a http://www.ferc.gov/docs-filing/ enables subscribers to receive email document is added to a subscribed notification when a document is added efiling.asp. docket(s). For assistance with any FERC • to a subscribed docket(s). For assistance Mail/Hand Delivery/Courier: Online service, please email Federal Energy Regulatory Commission, with any FERC Online service, please [email protected], or call email [email protected], or Secretary of the Commission, 888 First (866) 208–3676 (toll free). For TTY, call call (866) 208–3676 (toll free). For TTY, Street NE, Washington, DC 20426. (202) 502–8659. call (202) 502–8659. Instructions: All submissions must be Comments: 5:00 p.m. Eastern Time on Comment Date: 5:00 p.m. Eastern formatted and filed in accordance with April 9, 2018. Time on April 2, 2018. submission guidelines at: http:// Dated: March 22, 2018. www.ferc.gov/help/submission- Dated: March 20, 2018. guide.asp. For user assistance, contact Kimberly D. Bose, Kimberly D. Bose, FERC Online Support by email at Secretary. Secretary. [email protected], or by phone [FR Doc. 2018–06190 Filed 3–27–18; 8:45 am] [FR Doc. 2018–06187 Filed 3–27–18; 8:45 am] at: (866) 208–3676 (toll-free), or (202) BILLING CODE 6717–01–P BILLING CODE 6717–01–P 502–8659 for TTY.

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Docket: Users interested in receiving Once approved, the Reliability safe operation and shutdown.7 The automatic notification of activity in this Standards may be enforced by the ERO Nuclear Reliability Standard applies to docket or in viewing/downloading subject to Commission oversight, or the nuclear plant generator operators comments and issuances in this docket Commission can independently enforce (generally nuclear power plant owners may do so at http://www.ferc.gov/docs- Reliability Standards.2 and operators, including licensees) and filing/docs-filing.asp. On February 3, 2006, the Commission transmission entities, defined in the FOR FURTHER INFORMATION CONTACT: issued Order No. 672, implementing Reliability Standard as including a Ellen Brown may be reached by email section 215 of the FPA.3 Pursuant to nuclear plant’s suppliers of off-site at [email protected], telephone Order No. 672, the Commission certified power and related transmission and at (202) 502–8663, and fax at (202) 273– one organization, North American distribution services. To account for the 0873. Electric Reliability Corporation (NERC), variations in nuclear plant design and SUPPLEMENTARY INFORMATION: as the ERO. The Reliability Standards grid interconnection characteristics, the Title: FERC 725F, Mandatory developed by the ERO and approved by Reliability Standard defines Reliability Standard for Nuclear Plant the Commission apply to users, owners transmission entities as all entities that Interface Coordination. and operators of the Bulk-Power System are responsible for providing services OMB Control No.: 1902–0249. as set forth in each Reliability Standard. related to Nuclear Plant Interface Type of Request: Three-year extension On November 19, 2007, NERC filed its Requirements (NPIRs), and lists eleven of the FERC–725F information petition for Commission approval of the types of functional entities (heretofore collection requirements with no changes Nuclear Plant Interface Coordination described as transmission entities) that to the current reporting requirements. Reliability Standard, designated NUC– could provide services related to Abstract: The Commission requires 001–1. In Order No. 716, issued October NPIRs.8 the information collected by the FERC– 16, 2008, the Commission approved the FERC–725F information collection 725F to implement the statutory standard while also directing certain requirements include establishing and provisions of section 215 of the Federal revisions.4 Revised Reliability Standard, maintaining interface agreements, Power Act (FPA) (16 U.S.C. 824o). On NUC–001–2, was filed with the including record retention August 8, 2005, the Electricity Commission by NERC in August 2009 requirements. These agreements are not Modernization Act of 2005, which is and subsequently approved by the filed with FERC, but with the Title XII, Subtitle A, of the Energy Commission January 21, 2010.5 On appropriate entities as established by Policy Act of 2005 (EPAct 2005), was November 4, 2014, in Docket No. RD14– the Reliability Standard. enacted into law.1 EPAct 2005 added a 13, the Commission approved revised Type of Respondents: Nuclear new section 215 to the FPA, which Reliability Standard NUC–001–3.6 operators, nuclear plants, transmission required a Commission-certified Electric The purpose of Reliability Standard entities. Reliability Organization (ERO) to NUC -001–3 is to require coordination Estimate of Annual Burden: 9 The develop mandatory and enforceable between Nuclear Plant Generator Commission estimates the average Reliability Standards, which are subject Operators and Transmission Entities for annual burden and cost 10 for this to Commission review and approval. the purpose of ensuring nuclear plant information collection as follows.

Annual number Total Average burden Total annual Cost per Number of of responses number of hours & cost burden hours & respondent FERCÐ725F respondents per responses per response ($) total annual cost ($) (rounded) (1) respondent (1)*(2)=(3) (rounded) ($) (rounded) (5)÷(1) (2) (4) (3)*(4)=(5)

New or Modifications 60 nuclear plants + 2 360 66.67 hrs.; $5,616 .... 24,001 hrs.; $11,231 to Existing Agree- 120 transmission $2,021,621. ments (Reporting). entities11. New or Modifications 60 nuclear plants + 2 360 6.67 hrs.; $218 ...... 2,401 hrs.; $78,615 .. $437 to Existing Agree- 120 transmission ments (Record entities. Keeping).

1 Energy Policy Act of 2005, Public Law 109–58, information collection and therefore a formal information to or for a Federal agency. Refer to 5 Title XII, Subtitle A, 119 Stat. 594, 941 (2005), 16 submission to OMB was not needed. CFR 1320.3 for additional information. U.S.C. 824o. The most recent OMB approval for FERC–725F 10 The wage and benefit figures are based on the 2 16 U.S.C. 824o(e)(3). was issued on 6/15/2015. Bureau of Labor Statistics (BLS) data (at https:// 6 _ 3 Rules Concerning Certification of the Electric The Letter Order is posted at https:// www.bls.gov/oes/current/naics2 22.htm) for May Reliability Organization; and Procedures for the elibrary.ferc.gov/idmws/common/OpenNat.asp? 2016 for Sector 22, Utilities. (The benefits figure is Establishment, Approval, and Enforcement of fileID=13675845. based on BLS data as of September 8, 2017, which 7 indicates that wages are 69.6% and benefits are Electric Reliability Standards, Order No. 672, FERC See Reliability Standard NUC–001–3 at http:// 30.4% of total salary (http://www.bls.gov/ Stats. & Regs. ¶ 31,204, order on reh’g, Order No. www.nerc.com/pa/Stand/Reliability%20Standards/ NUC-001-3.pdf. news.release/ecec.nr0.htm).) 672–A, FERC Stats. & Regs. 31,212 (2006). 8 The list of functional entities consists of The estimated hourly cost (for wages plus 4 Mandatory Reliability Standard for Nuclear transmission operators, transmission owners, benefits) for reporting requirements is $84.23/hour, Plant Interface Coordination, Order No. 716, 125 transmission planners, transmission service based on the average for an electrical engineer FERC 61,065, at P 189 & n.90 (2008), order on reh’g, providers, balancing authorities, reliability (occupation code 17–2071, $68.12/hour), legal Order No. 716–A, 126 FERC 61,122 (2009). coordinators, planning coordinators, distribution (occupation code 23–0000, $143.68/hour), and 5 North American Electric Reliability Corporation, providers, load-serving entities, generator owners office and administrative support (occupation code 130 FERC 61,051 (2010). When the revised and generator operators. 43–0000, $40.89/hour). Reliability Standard was approved, the Commission 9 Burden is defined as the total time, effort, or The estimated hourly cost (wages plus benefits) did not go to OMB for approval. It is assumed that financial resources expended by persons to for record keeping is $32.74/hour for a file clerk the changes made did not substantively affect the generate, maintain, retain, or disclose or provide (occupation code 43–4071).

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Annual number Total Average burden Total annual Cost per Number of of responses number of hours & cost burden hours & respondent FERCÐ725F respondents per responses per response ($) total annual cost ($) (rounded) (1) respondent (1)*(2)=(3) (rounded) ($) (rounded) (5)÷(1) (2) (4) (3)*(4)=(5)

Total ...... 12 360 ...... 26,402 hrs.;13 ...... $2,100,236.

Comments: Comments are invited on: general public and other Federal Average Wages per Hour: $42.50. (1) Whether the collection of Agencies to comment on the proposed Average Cost per Year: $637.50 (time information is necessary for the proper information collection, as required by * wages). performance of the functions of the the Paperwork Reduction Act of 1995. Benefits and Overhead: 20%. Commission, including whether the This form will enable EXIM to Total Government Cost: $765. information will have practical utility; identify the specific details of the Bassam Doughman, (2) the accuracy of the agency’s estimate proposed co-financing transaction IT Specialist. of the burden and cost of the collection between a U.S. exporter, EXIM, and a [FR Doc. 2018–06171 Filed 3–27–18; 8:45 am] of information, including the validity of foreign export credit agency; the BILLING CODE 6690–01–P the methodology and assumptions used; information collected includes vital (3) ways to enhance the quality, utility facts such as the amount of U.S.-made and clarity of the information collection; content in the export, the amount of FEDERAL COMMUNICATIONS and (4) ways to minimize the burden of financing requested from EXIM, and the COMMISSION the collection of information on those proposed financing amount from the who are to respond, including the use foreign export credit agency. These [OMB 3060–1003] of automated collection techniques or details are necessary for approving this other forms of information technology. unique transaction structure and Information Collection Being Reviewed by the Federal Communications Dated: March 20, 2018. coordinating our support with that of the foreign export credit agency to Commission Kimberly D. Bose, ultimately complete the transaction and AGENCY: Federal Communications Secretary. support U.S. exports—and U.S. jobs. [FR Doc. 2018–06191 Filed 3–27–18; 8:45 am] Commission. DATES: Comments should be received on BILLING CODE 6717–01–P ACTION: Notice and request for or before May 29, 2018 to be assured of comments. consideration. ADDRESSES: Comments may be SUMMARY: As part of its continuing effort EXPORT-IMPORT BANK submitted electronically on to reduce paperwork burdens, and as [Public Notice: 2018–6008] www.regulations.gov (EIB 11–04) or by required by the Paperwork Reduction email to [email protected], or by Act (PRA) of 1995, the Federal Agency Information Collection mail to Mia L. Johnson, Export-Import Communications Commission (FCC or Activities: Final Collection; Comment Bank of the United States, 811 Vermont the Commission) invites the general Request Ave. NW, Washington, DC 20571. The public and other Federal agencies to form can be viewed at: https:// take this opportunity to comment on the AGENCY: Export-Import Bank of the www.exim.gov/sites/default/files/pub/ following information collection. United States. pending/eib11-04.pdf. Comments are requested concerning: ACTION: Submission for OMB review and SUPPLEMENTARY INFORMATION: whether the proposed collection of comments request. Titles and Form Number: EIB11–04, information is necessary for the proper Co-Financing with Foreign Export performance of the functions of the SUMMARY: The Export-Import Bank of Commission, including whether the the United States (EXIM), as a part of its Credit Agency. OMB Number: 3048–0037. information shall have practical utility; continuing effort to reduce paperwork the accuracy of the Commission’s and respondent burden, invites the Type of Review: Regular. Need and Use: The information burden estimate; ways to enhance the quality, utility, and clarity of the 11 This figure of 120 transmission entities is based collected will provide information on the assumption that each agreement will be needed to determine compliance and information collected; ways to minimize between 1 nuclear plant and 2 transmission entities creditworthiness for transaction the burden of the collection of (60 × 2 = 120). However, there is some double requests submitted to the Export Import information on the respondents, counting in this figure because some transmission including the use of automated entities may be party to multiple agreements with Bank under its insurance, guarantee, multiple nuclear plants. The double counting does and direct loan programs. collection techniques or other forms of not affect the burden estimate, and the correct Affected Public: This form affects information technology; and ways to number of unique respondents will be reported to entities involved in the export of U.S. further reduce the information OMB. goods and services. collection burden on small business 12 The 180 respondents affected by the reporting concerns with fewer than 25 employees. requirements are also affected by the recordkeeping Annual Number of Respondents: 60. requirements. Estimated Time per Respondent: 15 The FCC may not conduct or sponsor a 13 The reporting requirements have not changed. minutes. collection of information unless it The decrease in the number of respondents is due Annual Burden Hours: 15 hours. displays a currently valid control to: a) normal fluctuations in industry (e.g., Frequency of Reporting or Use: As number. No person shall be subject to companies merging and splitting, and coming into and going out of business), and b) no new needed. any penalty for failing to comply with agreements being issued due to the lack of new Government Expenses: a collection of information subject to the nuclear plants being developed. Reviewing Time per Year: 15 hours. PRA that does not display a valid Office

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of Management and Budget (OMB) Total Annual Burden: 6,950 hours. Federal Communications Commission. control number. Total Annual Cost: No Cost. Marlene H. Dortch, DATES: Written PRA comments should Privacy Impact Assessment: No Secretary, Office of the Secretary. be submitted on or before May 29, 2018. impact(s). [FR Doc. 2018–06180 Filed 3–27–18; 8:45 am] If you anticipate that you will be BILLING CODE 6712–01–P submitting comments, but find it Nature and Extent of Confidentiality: difficult to do so within the period of DIRS filings consists of sensitive time allowed by this notice, you should information that for national security FEDERAL COMMUNICATIONS advise the contact listed below as soon and/or commercial reasons, the COMMISSION as possible. Commission will treat the filings at the time of receipt as non-public and [OMB 3060–1158] ADDRESSES: Direct all PRA comments to presumptively confidential. However, Nicole Ongele, FCC, via email PRA@ Information Collection Being fcc.gov and to [email protected]. DIRS filings will be shared with the Department of Homeland Security and Submitted for Review and Approval to FOR FURTHER INFORMATION CONTACT: For the other Federal agencies authorized to the Office of Management and Budget additional information about the participate in the National Response information collection, contact Nicole AGENCY: Federal Communications Framework Emergency Support Ongele at (202) 418–2991. Commission. Function-2 (ESF–2)(Communications). SUPPLEMENTARY INFORMATION: ACTION: Notice and request for The Commission may publish or comments. As part of its continuing effort to otherwise share anonymized summaries reduce paperwork burdens, and as of DIRS filings at its discretion. SUMMARY: required by the Paperwork Reduction As part of its continuing effort Act (PRA) of 1995 (44 U.S.C. 3501– Needs and Uses: In response to the to reduce paperwork burdens, and as 3520), the Federal Communications events of September 11, 2001, the required by the Paperwork Reduction Commission (FCC or Commission) Federal Communications Commission Act (PRA) of 1995, the Federal invites the general public and other (Commission or FCC) created an Communications Commission (FCC or Federal agencies to take this Emergency Contact Information System the Commission) invites the general opportunity to comment on the to assist the Commission in ensuring public and other Federal agencies to following information collections. rapid restoration of communications take this opportunity to comment on the Comments are requested concerning: capabilities after disruption by a following information collection. Whether the proposed collection of terrorist threat or attack, and to ensure Comments are requested concerning: information is necessary for the proper that public safety, public health, and Whether the proposed collection of performance of the functions of the other emergency and defense personnel information is necessary for the proper Commission, including whether the have effective communications services performance of the functions of the information shall have practical utility; available to them in the immediate Commission, including whether the the accuracy of the Commission’s aftermath of any terrorist attack within information shall have practical utility; burden estimate; ways to enhance the the United States. The Commission the accuracy of the Commission’s quality, utility, and clarity of the submitted, and OMB approved, a burden estimate; ways to enhance the information collected; ways to minimize collection through which key quality, utility, and clarity of the the burden of the collection of communications providers could information collected; ways to minimize information on the respondents, voluntarily provide contact information. the burden of the collection of including the use of automated The Commission’s Public Safety and information on the respondents, collection techniques or other forms of Homeland Security Bureau (PSHSB) including the use of automated information technology; and ways to developed the Disaster Information collection techniques or other forms of further reduce the information Reporting System (DIRS) that uses information technology; and ways to collection burden on small business electronic forms to collect Emergency further reduce the information concerns with fewer than 25 employees. Contact Information forms and through collection burden on small business OMB Control Number: 3060–1003. which participants may inform the concerns with fewer than 25 employees. Title: Communications Disaster Commission of damage to The Commission may not conduct or Information Reporting System (DIRS). communications infrastructure and sponsor a collection of information Form Number: N/A. facilities due to major emergencies and unless it displays a currently valid Type of Review: Extension of a may request resources for restoration. Office of Management and Budget currently approved collection. The Commission updated the process by (OMB) control number. No person shall Respondents: Business or other for- increasing the number of reporting be subject to any penalty for failing to profit entities; Not-for-profit entities to ensure inclusion of wireless, comply with a collection of information institutions; Federal Government; and/ wireline, broadcast, cable, VoIP, and subject to the PRA that does not display or State, local or tribal governments. broadband internet access a valid OMB control number. Number of Respondents and communications providers. The DATES: Responses: 5,000 respondents; 40,900 Written comments should be Commission is requesting a renewal of responses. submitted on or before April 27, 2018. Estimated Time per Response: 0.10– the currently approved collection. It is If you anticipate that you will be 0.50 hours. imperative that the Disaster Information submitting comments, but find it Frequency of Response: On occasion Reporting System be in place so that the difficult to do so within the period of reporting requirement. Commission has an accurate picture of time allowed by this notice, you should Obligation to Respond: Voluntary. the communications landscape during advise the contacts listed below as soon Statutory authority for this information disasters. as possible. collection is contained in 47. U.S.C. Statutory authority for this collection ADDRESSES: Submit PRA comments to Sections 154(i), 218 and 303(r) of the of information is contained in 47 U.S.C. OMB via email: OIRA_Submission@ Communications Act of 1934, as 154(i), 218, 303(r) and 47 CFR Section omb.eop.gov; and to Nicole Ongele, amended. 0.181(h). FCC, via email [email protected] and to

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[email protected]. Include in the Number of Respondents and which will make such disclosures comments the OMB control number as Responses: 1,919 respondents; 1,919 available via a publicly available, easily shown in the SUPPLEMENTARY responses. accessible website. The information INFORMATION below. Estimated Time per Response: 26 collection will assist the Commission in hours. FOR FURTHER INFORMATION CONTACT: For its statutory obligation to report to Frequency of Response: On occasion additional information or copies of the Congress on market entry barriers in the reporting requirement; Third party information collection, contact Nicole telecommunications market. The disclosure requirement. Commission anticipates that the revised Ongele at (202) 418–2991. To view a Obligation to Respond: Mandatory. copy of this information collection disclosures will empower consumers Statutory authority for these collections and businesses with information about request (ICR) submitted to OMB: (1) Go is contained in Section 257 of the to the web page , amended, 47 U.S.C. Section 257. (2) look for the section of the web page Although this collection was bifurcated Total Annual Burden: 49,894 hours. in 2016 with respect to fixed and mobile called ‘‘Currently Under Review,’’ (3) Total Annual Cost: $560,000. click on the downward-pointing arrow Privacy Impact Assessment: No ISPs, the Commission seeks to have this in the ‘‘Select Agency’’ box below the impact(s). collection encompass both fixed and ‘‘Currently Under Review’’ heading, (4) Nature and Extent of Confidentiality: mobile ISPs. select ‘‘Federal Communications There is no need for confidentiality with Federal Communications Commission. Commission’’ from the list of agencies this information collection. Marlene H. Dortch, presented in the ‘‘Select Agency’’ box, Needs and Uses: The Restoring Secretary, Office of the Secretary. (5) click the ‘‘Submit’’ button to the Internet Freedom Report and Order [FR Doc. 2018–06181 Filed 3–27–18; 8:45 am] (Restoring Internet Freedom Order) right of the ‘‘Select Agency’’ box, (6) BILLING CODE 6712–01–P when the list of FCC ICRs currently revises the information collection under review appears, look for the OMB requirements applicable to Internet control number of this ICR and then service providers (ISPs). The Open FEDERAL MARITIME COMMISSION click on the ICR Reference Number. A Internet Order, adopted in 2010, copy of the FCC submission to OMB required ISPs to disclose certain Notice of Agreements Filed will be displayed. network management processes, SUPPLEMENTARY INFORMATION: As part of performance characteristics, and other The Commission hereby gives notice its continuing effort to reduce attributes of broadband Internet access of the filing of the following agreements paperwork burdens, and as required by service. These disclosure requirements under the Shipping Act of 1984. the Paperwork Reduction Act (PRA) of were significantly increased by the Title Interested parties may submit comments 1995 (44 U.S.C. 3501–3520), the Federal II Order, adopted in 2015. The Restoring on the agreements to the Secretary, Communications Commission (FCC or Internet Freedom Order eliminates the Federal Maritime Commission, the Commission) invites the general additional collection imposed by the Washington, DC 20573, within twelve public and other Federal agencies to Title II Order and adds a few discrete days of the date this notice appears in take this opportunity to comment on the elements to the Open Internet Order’s the Federal Register. Copies of the following information collection. information collection requirements. agreements are available through the The Restoring Internet Freedom Order Commission’s website (www.fmc.gov) or Comments are requested concerning: requires an ISP to publicly disclose by contacting the Office of Agreements Whether the proposed collection of network management practices, at (202)–523–5793 or tradeanalysis@ information is necessary for the proper performance, and commercial terms of fmc.gov. performance of the functions of the its broadband internet access service Agreement No.: 012470–001. Commission, including whether the sufficient to enable consumers to make Title: COSCO SHIPPING/PIL Slot information shall have practical utility; informed choices regarding the Exchange Agreement—PNW/PSW. the accuracy of the Commission’s purchase and use of such services, and Parties: COSCO Shipping Co., Ltd. burden estimate; ways to enhance the entrepreneurs and other small and Pacific International Lines (PTE) quality, utility, and clarity of the businesses to develop, market, and Ltd. information collected; ways to minimize maintain internet offerings. As part of Filing Party: Eric Jeffrey; Nixon the burden of the collection of these disclosures, the rule requires ISPs Peabody LLP; 799 9th Street NW, Suite information on the respondents, to disclose their congestion 500; Washington, DC 20001. including the use of automated management, application-specific Synopsis: The amendment adds two collection techniques or other forms of behavior, device attachment rules, and services to the exchange, revises some of information technology; and ways to security practices, as well as any the allocations, and updates the further reduce the information blocking, throttling, affiliated termination date of the Agreement. collection burden on small business prioritization, or paid prioritization in Agreement No.: 011539–021. concerns with fewer than 25 employees. which they engage. The rule also Title: HLAG/NYK/MSC Vessel OMB Control Number: 3060–1158. requires ISPs to disclose performance Sharing Agreement. Title: Transparency Rule Disclosures, characteristics, including a service Parties: Hapag-Lloyd AG; MSC Restoring Internet Freedom, Report and description and the impact of non- Mediterranean Shipping Company SA; Order, WC Docket No. 17–108, FCC 17– broadband internet access services data and Ocean Network Express Pte. Ltd. 166. services. Finally, the rule requires ISPs Filing Party: Wayne Rohde; Cozen Form Number: N/A. to disclose the price of the service, O’Connor; 1200 Nineteenth Street NW, Type of Review: Revision of a privacy policies, and redress options. Washington, DC 20036. currently approved collection. The rule requires ISPs to make such Synopsis: The Amendment revises the Respondents: Business or other for- disclosure available either via a publicly Agreement to provide for the transition profit entities, Not-for-profit entities; available, easily accessible website or that will occur following the State, local, or Tribal governments. through transmittal to the Commission, combination of the container liner

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operations of Kawasaki Kisen Kaisha, Board of Governors of the Federal Reserve Mandell/IC 3090–0080, Contract Ltd.; Mitsui O.S.K. Lines, Ltd.; and System, March 23, 2018. Financing Final Payment; (GSA Form Nippon Yusen Kaisha into a new Ann E. Misback, 1142, Release of Claims). company known as Ocean Network Secretary of the Board. Instructions: Comments received Express Pte. Ltd. effective April 1, 2018. [FR Doc. 2018–06193 Filed 3–27–18; 8:45 am] generally will be posted without change Accordingly, Ocean Network Express BILLING CODE 6210–01–P to http://www.regulations.gov, including Pte. Ltd. is added as a party. In addition, any personal and/or business Companhia Libra de Navegacao is confidential information provided. To deleted as a party to the Agreement. The GENERAL SERVICES parties request expedited review. confirm receipt of your comment(s), ADMINISTRATION please check www.regulations.gov, Dated: March 23, 2018. [OMB Control No. 3090–0080; Docket No. approximately two-to-three business Rachel E. Dickon, 2018–0001; Sequence No. 3] days after submission to verify posting Secretary. (except allow 30 days for posting of [FR Doc. 2018–06217 Filed 3–27–18; 8:45 am] Information Collection; General comments submitted by mail). BILLING CODE 6731–AA–01–P Services Administration Acquisition Regulation; Information Collection; FOR FURTHER INFORMATION CONTACT: Ms. Contract Financing Final Payment Leah Price, Procurement Analyst, (GSA Form 1142 Release of Claims) General Services Acquisition Policy FEDERAL RESERVE SYSTEM Division, GSA, by phone at 202–714– AGENCY: Office of Acquisition Policy, 9482 or by email at [email protected]. Formations of, Acquisitions by, and General Services Administration (GSA). Mergers of Bank Holding Companies ACTION: Notice of request for public SUPPLEMENTARY INFORMATION: comments regarding an extension to an A. Purpose The companies listed in this notice existing OMB clearance. have applied to the Board for approval, The General Services Administration SUMMARY: Under the provisions of the pursuant to the Bank Holding Company Acquisition Regulation (GSAR) clause Paperwork Reduction Act, the Act of 1956 (12 U.S.C. 1841 et seq.) 552.232–72 requires construction and Regulatory Secretariat Division will be (BHC Act), Regulation Y (12 CFR part building services contractors to submit submitting to the Office of Management 225), and all other applicable statutes a release of claims before final payment and regulations to become a bank and Budget (OMB) a request to review is made to ensure contractors are paid holding company and/or to acquire the and approve an extension of a in accordance with their contract assets or the ownership of, control of, or previously approved information requirements and for work performed. the power to vote shares of a bank or collection requirement and the bank holding company and all of the reinstatement of GSA Form 1142, GSA Form 1142, Release of Claims, is banks and nonbanking companies Release of Claims, regarding final used to achieve uniformity and owned by the bank holding company, payment under construction and consistency in the release of claims including the companies listed below. building services contract. GSA process. The applications listed below, as well Contracting Officers have used this form B. Annual Reporting Burden as other related filings required by the to achieve uniformity and consistency Board, are available for immediate in the release of claims process. Respondents: 7,500. inspection at the Federal Reserve Bank DATES: Submit comments on or before: Responses per Respondent: 1. indicated. The applications will also be May 29, 2018. Annual Responses: 7,500. available for inspection at the offices of ADDRESSES: Submit comments the Board of Governors. Interested identified by Information Collection Hours per Response: .10. persons may express their views in 3090–0080,Contract Financing Final Total Burden Hours: 750. writing on the standards enumerated in Payment; (GSA Form 1142, Release of the BHC Act (12 U.S.C. 1842(c)). If the Claims) by any of the following C. Public Comments proposal also involves the acquisition of methods: Public comments are particularly a nonbanking company, the review also • Regulations.gov: http:// invited on: Whether this collection of includes whether the acquisition of the www.regulations.gov. Submit comments information is necessary and whether it nonbanking company complies with the via the Federal eRulemaking portal by will have practical utility; whether our standards in section 4 of the BHC Act searching for Information Collection (12 U.S.C. 1843). Unless otherwise 3090–0080. Select the link ‘‘Comment estimate of the public burden of this noted, nonbanking activities will be Now’’ that corresponds with collection of information is accurate and conducted throughout the United States. ‘‘Information Collection 3090–0080, based on valid assumptions and Unless otherwise noted, comments Contract Financing Final Payment; methodology; and ways to enhance the regarding each of these applications (GSA Form 1142, Release of Claims)’’. quality, utility, and clarity of the must be received at the Reserve Bank Follow the instructions on the screen. information to be collected. indicated or the offices of the Board of Please include your name, company Obtaining Copies of Proposals: Governors not later than April 23, 2018. name (if any), and ‘‘Information Requesters may obtain a copy of the A. Federal Reserve Bank of Collection 3090–0080, Contract information collection documents from Minneapolis (Mark A. Rauzi, Vice Financing Final Payment; (GSA Form the General Services Administration, President), 90 Hennepin Avenue, 1142, Release of Claims)’’ on your Regulatory Secretariat Division (MVCB), Minneapolis, Minnesota 55480–0291: attached document. 1800 F Street NW, Washington, DC • 1. Choice Financial Holdings, Inc., Mail: General Services 20405, telephone 202–501–4755. Please Fargo, North Dakota; to acquire 100 Administration, Regulatory Secretariat cite OMB Control No. 3090–0080, percent of Venture Bank, Bloomington, Division (MVCB), 1800 F Street NW, Contract Financing Final Payment; Minnesota. Washington, DC 20405. ATTN: Ms.

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(GSA Form 1142, Release of Claims), in To obtain copies of a supporting of Respondents: 86; Total Annual all correspondence. statement and any related forms for the Responses: 86; Total Annual Hours: 22. proposed collection(s) summarized in (For policy questions regarding this Jeffrey A. Koses, this notice, you may make your request collection contact Peter Ajounoma at Director, Office of Acquisition Policy, Office using one of following: 410–786–3580.) of Government-wide Policy. 1. Access CMS’ website address at Dated: March 23, 2018. [FR Doc. 2018–06170 Filed 3–27–18; 8:45 am] website address at https://www.cms.gov/ William N. Parham, III, BILLING CODE 6820–61–P Regulations-and-Guidance/Legislation/ PaperworkReductionActof1995/PRA- Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Listing.html. Affairs. DEPARTMENT OF HEALTH AND 2. Email your request, including your HUMAN SERVICES address, phone number, OMB number, [FR Doc. 2018–06221 Filed 3–27–18; 8:45 am] and CMS document identifier, to BILLING CODE 4120–01–P Centers for Medicare & Medicaid [email protected]. Services 3. Call the Reports Clearance Office at DEPARTMENT OF HEALTH AND (410) 786–1326. [Document Identifiers: CMS–1880] HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: Agency Information Collection Reports Clearance Office at (410) 786– Food and Drug Administration Activities: Submission for OMB 1326. [Docket No. FDA–2013–N–0878] Review; Comment Request SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 (PRA) AGENCY: Centers for Medicare & Agency Information Collection Medicaid Services, HHS. (44 U.S.C. 3501–3520), federal agencies Activities; Submission for Office of must obtain approval from the Office of Management and Budget Review; ACTION: Notice. Management and Budget (OMB) for each Comment Request; Premarket SUMMARY: The Centers for Medicare & collection of information they conduct Notification for a New Dietary Medicaid Services (CMS) is announcing or sponsor. The term ‘‘collection of Ingredient an opportunity for the public to information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and AGENCY: Food and Drug Administration, comment on CMS’ intention to collect HHS. information from the public. Under the includes agency requests or ACTION: Notice. Paperwork Reduction Act of 1995 requirements that members of the public submit reports, keep records, or provide (PRA), federal agencies are required to SUMMARY: The Food and Drug information to a third party. Section publish notice in the Federal Register Administration (FDA) is announcing 3506(c)(2)(A) of the PRA (44 U.S.C. concerning each proposed collection of that a proposed collection of 3506(c)(2)(A)) requires federal agencies information, including each proposed information has been submitted to the to publish a 30-day notice in the extension or reinstatement of an existing Office of Management and Budget Federal Register concerning each collection of information, and to allow (OMB) for review and clearance under proposed collection of information, a second opportunity for public the Paperwork Reduction Act of 1995 including each proposed extension or comment on the notice. Interested (PRA). persons are invited to send comments reinstatement of an existing collection DATES: Fax written comments on the regarding the burden estimate or any of information, before submitting the collection of information by April 27, other aspect of this collection of collection to OMB for approval. To 2018. information, including the necessity and comply with this requirement, CMS is utility of the proposed information publishing this notice that summarizes ADDRESSES: To ensure that comments on collection for the proper performance of the following proposed collection(s) of the information collection are received, the agency’s functions, the accuracy of information for public comment: OMB recommends that written the estimated burden, ways to enhance 1. Type of Information Collection comments be faxed to the Office of the quality, utility, and clarity of the Request: Revision of a currently Information and Regulatory Affairs, information to be collected, and the use approved collection; Title of OMB, Attn: FDA Desk Officer, Fax: 202– of automated collection techniques or Information Collection: Certification as 395–7285, or emailed to oira_ other forms of information technology to a Supplier of Portable X-Ray and [email protected]. All minimize the information collection Portable X-Ray Survey Report Form and comments should be identified with the burden. Supporting Regulations; Use: CMS–1880 OMB control number 0910–0330. Also is initially completed by suppliers of include the FDA docket number found DATES: Comments on the collection(s) of portable X-ray services, expressing an in brackets in the heading of this information must be received by the interest in and requesting participation document. OMB desk officer by April 27, 2018. in the Medicare program. This form ADDRESSES: When commenting on the initiates the process of obtaining a FOR FURTHER INFORMATION CONTACT: proposed information collections, decision as to whether the conditions of Domini Bean, Office of Operations, please reference the document identifier coverage are met as a portable X-ray Food and Drug Administration, Three or OMB control number. To be assured supplier. It also promotes data reduction White Flint North, 10A–12M, 11601 consideration, comments and or introduction to, and retrieval from, Landsdown St., North Bethesda, MD recommendations must be received by the Certification and Survey Provider 20852, 301–796–5733, PRAStaff@ the OMB desk officer via one of the Enhanced Reporting (CASPER) by the fda.hhs.gov. following transmissions: OMB, Office of CMS Regional Offices (ROs). Form SUPPLEMENTARY INFORMATION: In Information and Regulatory Affairs, Numbers: CMS–1880 (OMB control compliance with 44 U.S.C. 3507, FDA Attention: CMS Desk Officer, Fax number: 0938–0027); Frequency: has submitted the following proposed Number: (202) 395–5806 OR Email: Occasionally; Affected Public: State, collection of information to OMB for [email protected]. Local, or Tribal Governments; Number review and clearance.

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Premarket Notification for a New protect consumers from ingredients and comment suggested ways FDA might Dietary Ingredient—21 CFR 190.6 products whose safety is unknown. FDA assist respondents by developing OMB Control Number 0910–0330— uses the information collected in new ‘‘specific guidance pertaining to the use Extension dietary ingredient notifications to and submission of master files to help evaluate the safety of new dietary determine whether a dietary ingredient This information collection supports ingredients in dietary supplements and should be the subject of an NDIN or Agency regulations and accompanying to support regulatory action against exempted from notification.’’ A second guidance. Specifically, section 413(a) of ingredients and products that are comment suggested that FDA: (1) Failed the Federal Food, Drug, and Cosmetic potentially unsafe. to account for the cost of removing from Act (FD&C Act) (21 U.S.C. 350b(a)) FDA has developed an electronic the market dietary supplements provides that at least 75 days before the portal that respondents may use to suddenly deemed New Dietary introduction or delivery for introduction electronically submit their notifications Ingredients for the first time in the into interstate commerce of a dietary to ONLDS via FDA Unified Registration Guidance 2; (2) substantially supplement that contains a new dietary and Listing Systems. Firms that prefer to underestimated the number and cost of ingredient, the manufacturer or submit a paper notification in a format New Dietary Ingredient submissions distributor of the dietary supplement or of their own choosing still have the that must be filed to comply with the of the new dietary ingredient is to option to do so; however, Form FDA Guidance; and (3) grossly and submit to FDA (as delegate for the 3880 prompts a submitter to input the dangerously undervalued the economic Secretary of Health and Human elements of a new dietary ingredient impact the Guidance will have on the Services) information upon which the notification (NDIN) in a standard format dietary supplement industry and the manufacturer or distributor has based its and helps the respondent organize its economy as a whole. conclusion that a dietary supplement NDIN to focus on the information FDA appreciates this feedback. As containing the new dietary ingredient needed for FDA’s safety review. Safety noted, FDA has issued a draft guidance will reasonably be expected to be safe. information may be submitted via a on Dietary Supplements: New Dietary FDA’s implementing regulation, § 190.6 supplemental form entitled ‘‘New Ingredient Notifications and Related (21 CFR 190.6), requires this Dietary Ingredient Safety Information.’’ Issues and will take the comment on information to be submitted to the This form provides a standard format to additional guidance into consideration Office of Nutrition, Labeling, and describe the history of use or other when finalizing the draft guidance. As Dietary Supplements (ONLDS) in the evidence of safety on which the resources allow, FDA may consider form of a notification. Under § 190.6(b), manufacturer or distributor bases its revised or additional guidance to assist the notification must include the conclusion that the new dietary respondents to the information following: (1) the name and complete ingredient is reasonably expected to be collection. Relatedly, with regard to address of the manufacturer or safe under the conditions of use comments about costs or economic distributor, (2) the name of the new recommended or suggested in the impact, FDA notes that, consistent with dietary ingredient, (3) a description of labeling of the dietary supplement, as our regulations at 21 CFR part 10.115 the dietary supplement(s) that contain well as related identity information that (Good Guidance Practices), the new dietary ingredient, including is necessary to demonstrate safety by recommendations found in the draft the level of the new dietary ingredient showing that the new dietary ingredient guidance document are for comment in the dietary supplement and the and dietary supplement(s) that are the only. In addition, the data analysis dietary supplement’s conditions of use, subject of the notification are the same proffered regarding costs does not (4) the history of use or other evidence or similar to the ingredients and provide a basis upon which we can of safety establishing that the new products for which safety data and revise our burden estimate under the dietary ingredient will reasonably be information have been provided. We PRA. Notices published in the Federal expected to be safe when used under the continue to invite comment on Form Register in compliance with the PRA conditions recommended or suggested FDA 3880 and the supplemental safety seek to improve information collection in the labeling of the dietary information form, which may be found activities by evaluating our need for the supplement, and (5) the signature of a on our website at https://www.fda.gov/ information discussed in the notice and responsible person designated by the Food/DietarySupplements/NewDietary specific ways we might utilize manufacturer or distributor. IngredientsNotificationProcess/ technology and/or enhance our These premarket notification default.htm. collection techniques and mechanisms requirements are designed to enable us In the Federal Register of November to minimize burden on respondents to monitor the introduction into the 17, 2017 (82 FR 54355), we published a who are subject to the applicable marketplace of new dietary ingredients 60-day notice requesting public regulatory requirements. and dietary supplements that contain comment on the proposed extension of We therefore retain the following new dietary ingredients in order to this collection of information. One estimate:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Average Number of Number of Total annual burden per 21 CFR Section respondents responses per responses response Total hours respondent (in hours)

190.6; Dietary Supplements ...... 55 1 55 20 1,100 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

2 The ‘‘Guidance’’ refers to a draft guidance available at: https://www.fda.gov/Food/ GuidanceRegulation/GuidanceDocuments published for comment in August 2016 and RegulatoryInformation/ucm257563.htm.

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We have made no adjustments to the Dated: March 22, 2018. comments until midnight Eastern Time currently approved burden estimate for Leslie Kux, at the end of May 2, 2018. Comments the information collection. While we Associate Commissioner for Policy. received by mail/hand delivery/courier have received comments previously [FR Doc. 2018–06155 Filed 3–27–18; 8:45 am] (for written/paper submissions) will be suggesting our burden estimate may be BILLING CODE 4164–01–P considered timely if they are too low, the comments did not discuss postmarked or the delivery service the basis for such a conclusion. We acceptance receipt is on or before that therefore specifically invite individual DEPARTMENT OF HEALTH AND date. respondent experience with the HUMAN SERVICES Comments received on or before April information collection and associated 19, 2018, will be provided to the Food and Drug Administration committee. Comments received after collection burden. [Docket No. FDA–2018–N–1184] that date will be taken into Based on our experience with the consideration by FDA. information collection over the past 3 Gastrointestinal Drugs Advisory You may submit comments as years, we estimate that 55 respondents Committee and the Pediatric Advisory follows: will submit 1 premarket notification Committee; Notice of Meeting; Electronic Submissions each. We assume that extracting and Establishment of a Public Docket; summarizing relevant information from Request for Comments Submit electronic comments in the following way: existing files and presenting it in a • format that meets the requirements of AGENCY: Food and Drug Administration, Federal eRulemaking Portal: § 190.6 will take approximately 20 HHS. https://www.regulations.gov. Follow the instructions for submitting comments. hours of work per notification. We have ACTION: Notice; establishment of a Comments submitted electronically, carefully considered the burden public docket; request for comments. including attachments, to https:// associated with the premarket SUMMARY: The Food and Drug www.regulations.gov will be posted to notification requirement and believe Administration (FDA) announces a the docket unchanged. Because your that estimates greater than 20 hours are forthcoming public advisory committee comment will be made public, you are likely to include burden associated with meeting of the Gastrointestinal Drugs solely responsible for ensuring that your researching and generating safety data Advisory Committee and the Pediatric comment does not include any for a new dietary ingredient. We believe Advisory Committee. The general confidential information that you or a that the burden of the premarket function of the committees is to provide third party may not wish to be posted, notification requirement on industry is advice and recommendations to FDA on such as medical information, your or minimal and reasonable because we are regulatory issues. The meeting will be anyone else’s Social Security number, or requesting only safety and identity open to the public. FDA is establishing confidential business information, such information that the manufacturer or a docket for public comment on this as a manufacturing process. Please note distributor should already have document. that if you include your name, contact developed to satisfy itself that a dietary DATES: The meeting will be held on May information, or other information that supplement containing a new dietary 3, 2018, from 8 a.m. to 4:30 p.m. identifies you in the body of your ingredient is in compliance with the comments, that information will be ADDRESSES: DoubleTree by Hilton Hotel FD&C Act. Under section 413(a)(2) of posted on https://www.regulations.gov. Bethesda—Washington DC, Grand • If you want to submit a comment the FD&C Act, a dietary supplement that Ballroom, 8120 Wisconsin Ave., contains a new dietary ingredient is with confidential information that you Bethesda, MD 20814–3624. The do not wish to be made available to the deemed to be adulterated unless there is conference center’s telephone number is a history of use or other evidence of public, submit the comment as a 301–652–2000. Answers to commonly written/paper submission and in the safety establishing that the new dietary asked questions about FDA Advisory ingredient will reasonably be expected manner detailed (see ‘‘Written/Paper Committee meetings may be accessed at: Submissions’’ and ‘‘Instructions’’). to be safe under the conditions of use https://www.fda.gov/ recommended or suggested in the AdvisoryCommittees/AboutAdvisory Written/Paper Submissions labeling of the dietary supplement. This Committees/ucm408555.htm. Submit written/paper submissions as requirement is separate from and Information about the DoubleTree by follows: additional to the requirement to submit Hilton Hotel Bethesda—Washington DC • Mail/Hand delivery/Courier (for a premarket notification for the new Conference Center can be accessed at: written/paper submissions): Dockets dietary ingredient. FDA’s regulation on http://doubletree3.hilton.com/en/hotels/ Management Staff (HFA–305), Food and new dietary ingredient notifications, maryland/doubletree-by-hilton-hotel- Drug Administration, 5630 Fishers § 190.6(a), requires the manufacturer or bethesda-washington-dc-WASBHDT/ Lane, Rm. 1061, Rockville, MD 20852. distributor of the dietary supplement or index.html. • For written/paper comments of the new dietary ingredient to submit FDA is establishing a docket for submitted to the Dockets Management to FDA the information that forms the public comment on this meeting. The Staff, FDA will post your comment, as basis for its conclusion that a dietary docket number is FDA–2018–N–1184. well as any attachments, except for supplement containing the new dietary The docket will close on May 2, 2018. information submitted, marked and ingredient will reasonably be expected Submit either electronic or written identified, as confidential, if submitted to be safe. Thus, § 190.6 only requires comments on this public meeting by as detailed in ‘‘Instructions.’’ May 2, 2018. Please note that late, Instructions: All submissions received the manufacturer or distributor to untimely filed comments will not be must include the Docket No. FDA– extract and summarize information that considered. Electronic comments must 2018–N–1184 for ‘‘Gastrointestinal should have already been developed to be submitted on or before May 2, 2018. Drugs Advisory Committee and the meet the safety requirement in section The https://www.regulations.gov Pediatric Advisory Committee; Notice of 413(a)(2) of the FD&C Act. electronic filing system will accept Meeting; Establishment of a Public

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Docket; Request for Comments.’’ Federal Register about last minute notify interested persons regarding their Received comments, those filed in a modifications that impact a previously request to speak by April 12, 2018. timely manner (see ADDRESSES), will be announced advisory committee meeting Persons attending FDA’s advisory placed in the docket and, except for cannot always be published quickly committee meetings are advised that those submitted as ‘‘Confidential enough to provide timely notice. FDA is not responsible for providing Submissions,’’ publicly viewable at Therefore, you should always check the access to electrical outlets. https://www.regulations.gov or at the FDA’s website at https://www.fda.gov/ For press inquiries, please contact the Dockets Management Staff between 9 AdvisoryCommittees/default.htm and Office of Media Affairs at fdaoma@ a.m. and 4 p.m., Monday through scroll down to the appropriate advisory fda.hhs.gov or 301–796–4540. Friday. committee meeting link, or call the FDA welcomes the attendance of the • Confidential Submissions—To advisory committee information line to public at its advisory committee submit a comment with confidential learn about possible modifications meetings and will make every effort to information that you do not wish to be before coming to the meeting. accommodate persons with disabilities. made publicly available, submit your SUPPLEMENTARY INFORMATION: If you require special accommodations comments only as a written/paper Agenda: The committees will discuss due to a disability, please contact Jay R. submission. You should submit two new drug application (NDA) 209904 for Fajiculay (see FOR FURTHER INFORMATION copies total. One copy will include the stannsoporfin injection, for CONTACT) at least 7 days in advance of information you claim to be confidential intramuscular use, submitted by the meeting. with a heading or cover note that states InfaCare Pharmaceutical Corporation, FDA is committed to the orderly ‘‘THIS DOCUMENT CONTAINS proposed for the treatment of neonates conduct of its advisory committee CONFIDENTIAL INFORMATION.’’ FDA greater than or equal to 35 weeks of meetings. Please visit our website at will review this copy, including the gestational age with indicators of https://www.fda.gov/ claimed confidential information, in its hemolysis who are at risk of developing AdvisoryCommittees/ consideration of comments. The second severe hyperbilirubinemia. AboutAdvisoryCommittees/ copy, which will have the claimed FDA intends to make background ucm111462.htm for procedures on confidential information redacted/ material available to the public no later public conduct during advisory blacked out, will be available for public than 2 business days before the meeting. committee meetings. viewing and posted on https:// If FDA is unable to post the background Notice of this meeting is given under www.regulations.gov. Submit both material on its website prior to the the Federal Advisory Committee Act (5 copies to the Dockets Management Staff. meeting, the background material will U.S.C. app. 2). If you do not wish your name and be made publicly available at the Dated: March 22, 2018. contact information to be made publicly location of the advisory committee Leslie Kux, available, you can provide this meeting, and the background material Associate Commissioner for Policy. information on the cover sheet and not will be posted on FDA’s website after [FR Doc. 2018–06168 Filed 3–27–18; 8:45 am] in the body of your comments and you the meeting. Background material is BILLING CODE 4164–01–P must identify this information as available at https://www.fda.gov/ ‘‘confidential.’’ Any information marked AdvisoryCommittees/Calendar/ as ‘‘confidential’’ will not be disclosed default.htm. Scroll down to the DEPARTMENT OF HEALTH AND except in accordance with 21 CFR 10.20 appropriate advisory committee meeting HUMAN SERVICES and other applicable disclosure law. For link. more information about FDA’s posting Procedure: Interested persons may Food and Drug Administration of comments to public dockets, see 80 present data, information, or views, FR 56469, September 18, 2015, or access orally or in writing, on issues pending [Docket No. FDA–2018–N–1129] the information at: https://www.gpo.gov/ before the committees. All electronic Agency Information Collection fdsys/pkg/FR-2015-09-18/pdf/2015- and written submissions submitted to 23389.pdf. Activities; Proposed Collection; the Docket (see ADDRESSES) on or before Comment Request; National Docket: For access to the docket to April 19, 2018, will be provided to the read background documents or the Agriculture and Food Defense Strategy committees. Oral presentations from the Survey electronic and written/paper comments public will be scheduled between received, go to https:// approximately 1:15 p.m. and 2:15 p.m. AGENCY: Food and Drug Administration, www.regulations.gov and insert the Those individuals interested in making HHS. docket number, found in brackets in the formal oral presentations should notify ACTION: Notice. heading of this document, into the the contact person and submit a brief ‘‘Search’’ box and follow the prompts statement of the general nature of the SUMMARY: The Food and Drug and/or go to the Dockets Management evidence or arguments they wish to Administration (FDA or Agency) is Staff, 5630 Fishers Lane, Rm. 1061, present, the names and addresses of announcing an opportunity for public Rockville, MD 20852. proposed participants, and an comment on the proposed collection of FOR FURTHER INFORMATION CONTACT: Jay indication of the approximate time certain information by the Agency. R. Fajiculay, Center for Drug Evaluation requested to make their presentation on Under the Paperwork Reduction Act of and Research, Food and Drug or before April 11, 2018. Time allotted 1995 (PRA), Federal Agencies are Administration, 10903 New Hampshire for each presentation may be limited. If required to publish notice in the Ave., Bldg. 31, Rm. 2417, Silver Spring, the number of registrants requesting to Federal Register concerning each MD 20993–0002, 301–796–9001, Fax: speak is greater than can be reasonably proposed collection of information and 301–847–8533, email: GIDAC@ accommodated during the scheduled to allow 60 days for public comment in fda.hhs.gov, or FDA Advisory open public hearing session, FDA may response to the notice. This notice Committee Information Line, 1–800– conduct a lottery to determine the solicits comments on the information 741–8138 (301–443–0572 in the speakers for the scheduled open public collection requirements for a voluntary Washington, DC area). A notice in the hearing session. The contact person will survey for the U.S. Department of

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Health and Human Services (HHS), the Management Staff (HFA–305), Food and and/or go to the Dockets Management U.S. Department of Agriculture (USDA), Drug Administration, 5630 Fishers Staff, 5630 Fishers Lane, Rm. 1061, and the U.S. Department of Homeland Lane, Rm. 1061, Rockville, MD 20852. Rockville, MD 20852. • Security (DHS), which will inform the For written/paper comments FOR FURTHER INFORMATION CONTACT: Ila FDA Food Safety Modernization Act submitted to the Dockets Management S. Mizrachi, Office of Operations, Food (FSMA), National Agriculture and Food Staff, FDA will post your comment, as and Drug Administration, Three White Defense Strategy (NAFDS) Report to well as any attachments, except for Flint North, 10A–12M, 11601 Congress that is required by April 2019. information submitted, marked and Landsdown St., North Bethesda, MD The proposed survey will be used to identified, as confidential, if submitted 20852, 301–796–7726, PRAStaff@ determine what food defense activities, as detailed in ‘‘Instructions.’’ fda.hhs.gov. Instructions: All submissions received if any, State Agencies have completed to SUPPLEMENTARY INFORMATION: Under the date. must include the Docket No. FDA– 2018–N–1129 for ‘‘Agency Information PRA (44 U.S.C. 3501–3520), Federal DATES: Submit either electronic or Collection Activities; Proposed Agencies must obtain approval from the written comments on the collection of Collection; Comment Request; National Office of Management and Budget information by May 29, 2018. Agriculture and Food Defense Strategy (OMB) for each collection of ADDRESSES: You may submit comments Survey.’’ Received comments, those information they conduct or sponsor. as follows. Please note that late, filed in a timely manner (see ‘‘Collection of information’’ is defined untimely filed comments will not be ADDRESSES), will be placed in the docket in 44 U.S.C. 3502(3) and 5 CFR considered. Electronic comments must and, except for those submitted as 1320.3(c) and includes Agency requests be submitted on or before May 29, 2018. ‘‘Confidential Submissions,’’ publicly or requirements that members of the The https://www.regulations.gov viewable at https://www.regulations.gov public submit reports, keep records, or electronic filing system will accept or at the Dockets Management Staff provide information to a third party. comments until midnight Eastern Time between 9 a.m. and 4 p.m., Monday Section 3506(c)(2)(A) of the PRA (44 at the end of May 29, 2018. Comments through Friday. U.S.C. 3506(c)(2)(A)) requires Federal received by mail/hand delivery/courier • Confidential Submissions—To Agencies to provide a 60-day notice in (for written/paper submissions) will be submit a comment with confidential the Federal Register concerning each considered timely if they are information that you do not wish to be proposed collection of information postmarked or the delivery service made publicly available, submit your before submitting the collection to OMB acceptance receipt is on or before that comments only as a written/paper for approval. To comply with this date. submission. You should submit two requirement, FDA is publishing notice of the proposed collection of Electronic Submissions copies total. One copy will include the information you claim to be confidential information set forth in this document. Submit electronic comments in the with a heading or cover note that states With respect to the following following way: ‘‘THIS DOCUMENT CONTAINS collection of information, FDA invites • Federal eRulemaking Portal: CONFIDENTIAL INFORMATION.’’ The comments on these topics: (1) Whether https://www.regulations.gov. Follow the Agency will review this copy, including the proposed collection of information instructions for submitting comments. the claimed confidential information, in is necessary for the proper performance Comments submitted electronically, its consideration of comments. The of FDA’s functions, including whether including attachments, to https:// second copy, which will have the the information will have practical www.regulations.gov will be posted to claimed confidential information utility; (2) the accuracy of FDA’s the docket unchanged. Because your redacted/blacked out, will be available estimate of the burden of the proposed comment will be made public, you are for public viewing and posted on collection of information, including the solely responsible for ensuring that your https://www.regulations.gov. Submit validity of the methodology and comment does not include any both copies to the Dockets Management assumptions used; (3) ways to enhance confidential information that you or a Staff. If you do not wish your name and the quality, utility, and clarity of the third party may not wish to be posted, contact information to be made publicly information to be collected; and (4) such as medical information, your or available, you can provide this ways to minimize the burden of the anyone else’s Social Security number, or information on the cover sheet and not collection of information on confidential business information, such in the body of your comments and you respondents, including through the use as a manufacturing process. Please note must identify this information as of automated collection techniques, that if you include your name, contact ‘‘confidential.’’ Any information marked when appropriate, and other forms of information, or other information that as ‘‘confidential’’ will not be disclosed information technology. identifies you in the body of your except in accordance with 21 CFR 10.20 National Agriculture and Food Defense comments, that information will be and other applicable disclosure law. For Strategy Survey posted on https://www.regulations.gov. more information about FDA’s posting • If you want to submit a comment of comments to public dockets, see 80 OMB Control Number—0910—New with confidential information that you FR 56469, September 18, 2015, or access We are seeking OMB approval of the do not wish to be made available to the the information at: https://www.gpo.gov/ NAFDS under FSMA, section 108. This public, submit the comment as a fdsys/pkg/FR-2015-09-18/pdf/2015- is a voluntary survey of State written/paper submission and in the 23389.pdf. governments intended to gauge manner detailed (see ‘‘Written/Paper Docket: For access to the docket to government activities in food and Submissions’’ and ‘‘Instructions’’). read background documents or the agriculture defense from intentional electronic and written/paper comments contamination and emerging threats. Written/Paper Submissions received, go to https:// The collected information will be Submit written/paper submissions as www.regulations.gov and insert the included in the mandatory 2019 NAFDS follows: docket number, found in brackets in the followup Report to Congress. The • Mail/Hand delivery/Courier (for heading of this document, into the authority for FDA to collect the written/paper submissions): Dockets ‘‘Search’’ box and follow the prompts information derives from the

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Commissioner of Food and Drugs’ In 2015, the initial NAFDS Report to completed (or are planning) from 2015 authority provided in section Congress detailed the specific Federal to 2019. Planning for the local, 1003(d)(2)(c) of the Federal Food, Drug, response to food and agriculture defense territorial, and tribal information and Cosmetic Act (21 U.S.C. goals, objectives, key initiatives, and collections will commence after the 393(d)(2)(c)). activities that HHS, USDA, DHS, and collection and reporting of Federal and Protecting the nation’s food and other stakeholders planned to State Agency level data. agriculture supply against intentional accomplish to meet the objectives This survey will be repeated contamination and other emerging outlined in FSMA. The NAFDS charts a approximately every 2 to 4 years, as threats is an important responsibility direction for how the Federal Agencies, described in section 108 of FSMA, shared by Federal, State, local, tribal, in cooperation with State, local, NAFDS, for the purpose of monitoring and territorial governments as well as territorial, and tribal governments and progress in food and agricultural private sector partners. On January 4, private sector partners, protect the defense by government agencies. 2011, the President signed FSMA. nation’s food supply against intentional FSMA focuses on ensuring the safety of contamination. Not later than 4 years A purposive sampling strategy will be the U.S. food supply by shifting the after the initial NAFDS Report to employed, such that the government efforts of Federal regulators from Congress (2015), and every 4 years agencies participating in food and response to prevention, and recognizes thereafter (i.e., 2019, 2023, 2017, etc.), agricultural defense cooperative the importance of strengthening existing HHS, USDA, and DHS are required to agreements with FDA (22 State collaboration among all stakeholders to revise and submit an updated report to Agencies) and USDA (27 State achieve common public health and the relevant committees of Congress. Agencies) will be asked to respond to security goals. FSMA identifies some HHS/FDA is primarily responsible for the voluntary survey. Food defense key priorities for working with partners obtaining the information from Federal leaders responsible for conducting food in areas such as reliance on Federal, and State, local, territorial, and tribal defense activities during a food State, and local agencies for inspections; partners to complete the NAFDS Report emergency for their jurisdiction will be improving foodborne illness to Congress. An interagency working identified and will receive an emailed surveillance; and leveraging and group will conduct the survey and invitation to complete the survey enhancing State and local food safety collect and update the NAFDS as online; they will be provided with a and defense capacities. Section 108 of directed by FSMA, including web link to the survey. The survey will FSMA (NAFDS) requires HHS and the developing metrics and measuring be conducted electronically on the USDA, in coordination with the DHS, to progress for the evaluation process. FDA.gov web portal, and results will be work together with State, local, The proposed survey of Federal and analyzed by the interagency working territorial, and tribal governments-to State partners will be used to determine group. monitor and measure progress in food what food defense activities, if any, FDA estimates the burden of this defense. Federal and/or State Agencies have collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

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

State Survey ...... 49 1 49 0.33 (20 minutes) ...... 16.17 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

The total burden for this collection of DEPARTMENT OF HEALTH AND (OMB) for review and clearance under information, therefore, is 16.17 hours. HUMAN SERVICES the Paperwork Reduction Act of 1995. The FDA Office of Partnerships Food and Drug Administration DATES: Fax written comments on the reviewed the questionnaire and collection of information by April 27, provided the amount of time to [Docket No. FDA–2016–D–1267] 2018. complete the survey. The total burden is Agency Information Collection based on our previous experiences ADDRESSES: To ensure that comments on Activities; Submission for Office of conducting surveys. the information collection are received, Management and Budget Review; OMB recommends that written Dated: March 22, 2018. Comment Request; Guidance for comments be faxed to the Office of Leslie Kux, Industry on Compounded Drug Information and Regulatory Affairs, Associate Commissioner for Policy. Products That Are Essentially Copies OMB, Attn: FDA Desk Officer, Fax: 202– of an Approved Drug Product Under [FR Doc. 2018–06135 Filed 3–27–18; 8:45 am] 395–7285, or emailed to oira_ Section 503B of the Federal Food, BILLING CODE 4164–01–P [email protected]. All Drug, and Cosmetic Act comments should be identified with the AGENCY: Food and Drug Administration, OMB control number 0910–NEW and HHS. title ‘‘Guidance for Industry on ACTION: Notice. Compounded Drug Products That Are Essentially Copies of an Approved Drug SUMMARY: The Food and Drug Product Under Section 503B of the Administration (FDA) is announcing Federal Food, Drug, and Cosmetic Act.’’ that a proposed collection of Also include the FDA docket number information has been submitted to the found in brackets in the heading of this Office of Management and Budget document.

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FOR FURTHER INFORMATION CONTACT: determination made under section need for a compounded drug, and that Domini Bean, Office of Operations, 503B(d)(2)(B) to establish that a a pharmacist, nurse, or other clinician Food and Drug Administration, Three compounded drug is not essentially a choosing to source compounded drugs White Flint North, 10A–12M, 11601 copy of an approved drug, the from an outsourcing facility should be Landsdown St., North Bethesda, MD outsourcing facility should ensure that able to assess the clinical need for the 20852, 301–796–5733, PRAStaff@ the determination is documented on the compounded drug. fda.hhs.gov. prescription or order (which may be a FDA Response to Issue One: Under patient-specific prescription or a non- section 503B(d)(2), if a drug is not SUPPLEMENTARY INFORMATION: In patient specific order) for the identical or nearly identical to an compliance with 44 U.S.C. 3507, FDA compounded drug. approved drug or a covered over-the- has submitted the following proposed If a prescription or order does not counter monograph (OTC) drug, and a collection of information to OMB for make clear that the determination component of the compounded drug is review and clearance. required by section 503B(d)(2)(B) has a bulk drug substance that is a I. Background been made, the outsourcing facility may component of an approved drug or a contact the prescriber or health care covered OTC drug, then the drug is Guidance for Industry on Compounded facility, and if the prescriber or health essentially a copy and may not be Drug Products That Are Essentially care facility contact confirms it, make a compounded under section 503B unless Copies of a Commercially Available notation on the prescription or order there is a change that produces for an Drug Product Under Section 503B of the that the prescriber has determined that individual patient a clinical difference, Federal Food, Drug, and Cosmetic Act the compounded product contains a as determined by the prescribing OMB Control Number 0910–NEW change that produces a clinical practitioner, between the compounded drug and the comparable approved This information collection supports difference for patient(s). The date of the drug. If a prescription or order already the above captioned Agency guidance. conversation with the health care documents the determination of clinical Section 503B of the Federal Food, Drug, facility contact or prescriber, and the difference, there is no additional and Cosmetic Act (FD&C Act) (21 U.S.C. name of the individual providing the documentation burden for the 353b) describes conditions that must be determination, should be included on compounder. If a prescription or order met in order for compounded drugs to the prescription or order. In addition, if the outsourcing facility does not make clear that the receive exemptions from certain compounded a drug that is identical or determination of clinical difference sections of the FD&C Act, including nearly identical to an approved drug required by the statute has been made, section 502(f)(1) (21 U.S.C. 352(f)(1)) product that appeared on FDA’s drug the compounder may contact the (concerning the labeling of drugs with shortage list, the outsourcing facility prescriber, and if the prescriber adequate directions for use); section 505 should maintain documentation (e.g., a confirms it, make a notation on the (21 U.S.C. 355) (concerning the approval notation on the order for the prescription or order that the of human drug products under new compounded drug) regarding the status compounded product contains a change drug applications (NDAs) or abbreviated of the drug on FDA’s drug shortage list that makes a clinical difference for the new drug applications (ANDAs)) and at the time of compounding, patient. The date of the conversation section 582 (21 U.S.C. 360eee–1) distribution, and dispensing. with the health care facility or (concerning drug supply chain security An outsourcing facility should also prescriber, and the name of the requirements). One of the conditions maintain records of prescriptions or individual providing the determination, that must be met for a compounded orders including notations that a should be included on the prescription drug product to qualify for the prescriber has determined that the or order. FDA estimates this contact will exemptions under section 503B of the compounded drug has a change that take 3 minutes and should not present FD&C Act is that ‘‘the drug is not produces a clinical difference for an significant burden. Maintaining essentially a copy of one or more individual patient. Because the time, prescription records that may include approved drugs’’ (section 503B(a)(5)). effort, and financial resources necessary such notations should not present any According to section 503B(d)(2) of the to comply with this collection of additional burden, as FDA understands FD&C Act, a compounded drug is information would be incurred by that maintaining records of essentially a copy of an approved drug licensed pharmacists and licensed prescriptions or orders for compounded when it (1) is identical or nearly physicians in the normal course of their drug products is part of the usual course identical to an approved drug that is not activities, it is excluded from the of the practice of compounding and on FDA’s drug shortage list at the time definition of ‘‘burden’’ under 5 CFR selling drugs. the drug is compounded, distributed, 1320.3(b)(2). FDA also notes that for non-patient and dispensed; or to a non-prescription specific orders, the guidance states that drug product marketed without an II. Paperwork Reduction Act of 1995 an outsourcing facility may obtain a approved application, or (2) contains In the Federal Register of July 11, statement from the prescribing the same bulk drug substance as an 2016 (81 FR 44879), we published a practitioner or a person able to make a approved drug or a non-prescription notice of availability for the draft representation for the health care drug product marketed without an guidance, including an analysis of practitioner. For example, a pharmacy approved application, unless there is a estimated burden under the PRA, and manager could order a compounded change that produces a clinical invited public comment of the proposed drug and document on the order that the difference for an individual patient as information collection. Several compounded drug will only be determined by the prescribing comments were received and are administered to patients for whom the practitioner between the compounded discussed below. prescriber determines that this drug and the approved drug (see section formulation will produce a clinical 503B(d)(2)(A) and (B)). III. Comments difference. Under the policy proposed in the Issue One: Several commenters said it Issue Two: At least two commenters draft guidance, if an outsourcing facility would be unnecessarily burdensome for raised concerns that documentation of intends to rely on a prescriber prescribers to document the clinical the prescriber determination of clinical

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difference could lead to liability ‘‘essentially a copy’’ of the regarding what such documentation concerns (e.g., for a pharmacy manager commercially-available product. The may contain, but we did provide who makes representations to an outsourcing facility may decide in this appropriate examples. Under the outsourcing facility about how a drug scenario to not compound the drug. guidance, both a prescribing practitioner will be used) and scope of practice Issue Three: At least one commenter and a person able to make a concerns (if a doctor concludes he or recommended that the guidance representation for the practitioner, such she should not be bound by the requires practitioners to provide as, potentially, a hospital pharmacy representations). additional details regarding the patient manager, would be able to produce a FDA Response to Issue Two: For population in need of a compounded statement of clinical difference. certain drugs, one of the conditions to drug as part of the prescriber Issue Four: At least one commenter qualify for exemptions under section determination of clinical difference, and asked about the acceptability of specific 503B is that there is a change that that both a hospital and practitioner means of applying a determination produces for an individual patient a should produce statements of clinical statement to a product order. clinical difference, as determined by the difference. FDA Response to Issue Four: FDA prescribing practitioner, between the FDA Response to Issue Three: FDA’s does not believe a particular format is compounded drug and the comparable draft guidance states that when an needed for a prescriber determination of approved drug. If a pharmacy manager outsourcing facility intends to rely on a clinical difference, provided that the does not wish to document on the order prescriber determination to establish determination clearly identifies the that such a drug will only be that a compounded drug is not relevant change made to the administered after an appropriate essentially a copy of an approved drug, compounded product and the clinical prescriber determination, the manager the outsourcing facility should ensure difference that the change will produce could ask the prescriber to provide that the determination is documented for patient(s), as determined by the documentation. If a prescriber, or on the prescription or order for the prescriber. person able to make a representation for compounded drug. This means the As none of the comments suggested a prescriber, refuses to confirm that a determination is referenced in the that we revise our estimated burden for compounded drug produces a clinical statute at section 503B(d)(2), which FDA the information collection, we have difference for a patient, the cannot change through guidance. FDA retained our original estimate as compounded drug may be considered cannot give exhaustive guidance follows:

TABLE 1—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1

Number of Number of disclosures Total annual Average Type of reporting recommendations in guidance respondents per disclosures burden per Total hours respondent disclosure

Consultation between the outsourcing facility and 40 100 4,000 0.05 (3 minutes) ..... 200 prescriber or health care facility, and the notation on the prescription or order documenting the pre- scriber’s determination of clinical difference. Checking FDA’s drug shortage list and documenting 30 100 3,000 0.03 (2 minutes) ..... 100 on the prescription that the drug is in shortage. 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

We estimate that annually a total of (‘‘number of respondents’’ in table 1, DEPARTMENT OF HEALTH AND approximately 40 outsourcing facilities line 2) will document this information HUMAN SERVICES (‘‘number of respondents’’ in table 1, on approximately 3,000 prescriptions or line 1) will consult a prescriber to orders for compounded drugs (‘‘total Food and Drug Administration determine whether he or she has made annual disclosures’’ in table 1, line 2). [Docket No. FDA–2017–N–6397] a determination that the compounded We estimate that checking FDA’s drug drug has a change that produces a shortage list and documenting this Agency Information Collection clinical difference for an individual information will take approximately 2 Activities; Submission for Office of patient as compared to the comparable minutes per prescription or order. Management and Budget Review; approved drug and that outsourcing Comment Request; Food Labeling; Dated: March 22, 2018. facilities will document this Calorie Labeling of Articles of Food in determination on approximately 4,000 Leslie Kux, Vending Machines and Nutrition prescriptions or orders for compounded Associate Commissioner for Policy. Labeling of Standard Menu Items in drugs (‘‘total annual disclosures’’ in [FR Doc. 2018–06169 Filed 3–27–18; 8:45 am] Restaurants and Similar Retail Food table 1, line 1). We estimate that the BILLING CODE 4164–01–P Establishments consultation between the outsourcing AGENCY: Food and Drug Administration, facility and the prescriber or health care HHS. facility contact adding a notation to each prescription or order that does not ACTION: Notice. already document this determination SUMMARY: The Food and Drug will take approximately 3 minutes per Administration (FDA, Agency, or we) is prescription or order. announcing that a proposed collection We estimate that a total of of information has been submitted to the approximately 30 outsourcing facilities Office of Management and Budget

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(OMB) for review and clearance under Calorie Labeling of Articles of Food in collection. A number of comments were the Paperwork Reduction Act of 1995. Vending Machines and Nutrition received in response to the notice. The Labeling of Standard Menu Items in comments were generally supportive of DATES: Fax written comments on the Restaurants and Similar Retail Food the information collection, but included collection of information by April 27, Establishments—21 CFR Part 101 concerns about the potential effect the 2018. OMB Control Numbers 0910–0782 and ongoing or delayed rulemaking to ADDRESSES: To ensure that comments on 0910–0783—Consolidation establish specific packaging requirements (e.g., font-size of labeling, the information collection are received, This information collection supports OMB recommends that written compliance dates) might have on the FDA regulations under 21 CFR 101. As associated third-party disclosure comments be faxed to the Office of published in the Federal Register of Information and Regulatory Affairs, burden. Other comments questioned December 1, 2014 (79 FR 71156 and whether FDA needed all data currently OMB, Attn: FDA Desk Officer, Fax: 202– 71259), regulations at 21 CFR 101.8 and being sought by the applicable 395–7285, or emailed to oira_ 101.11 were revised to provide for the regulations and suggested the [email protected]. All nutritional analysis of certain foods and registration schedule be relaxed, comments should be identified with the for the disclosure of that information on especially given the small number of OMB control number 0910–0782. Also applicable products purchased by respondents. include the FDA docket number found consumers. The regulations also provide in brackets in the heading of this for the registration of certain individuals We are very appreciative of these document. who become subject to the comments. At the same time, upon our requirements, for which we developed own review of the information FOR FURTHER INFORMATION CONTACT: Form FDA 3757 entitled, ‘‘DHHS/FDA collection, we are seeking to consolidate Domini Bean, Office of Operations, Menu and Vending Machine Labeling the burden currently approved under Food and Drug Administration, Three Voluntary Registration,’’ to assist OMB control number 0910–0783 with White Flint North, 10A–12M, 11601 respondents in this regard. To keep the 0910–0782 because it is intended to Landsdown St., North Bethesda, MD registration active, respondents must account for similar collection activities 20852, 301–796–5733, PRAStaff@ renew the registration every other year and is supported by the same collection fda.hhs.gov. within 60 days prior to the expiration of instrument (Form FDA 3757) identified the establishment’s current registration above. Also, as neither the public SUPPLEMENTARY INFORMATION: In with FDA, or it will automatically comments we received nor our own compliance with 44 U.S.C. 3507, FDA expire. evaluation suggested we revise our has submitted the following proposed In the Federal Register of December original figures, we are retaining the collection of information to OMB for 12, 2017 (82 FR 58425), we published a currently approved estimated burden for review and clearance. 60-day notice requesting public the information collection, which is as comment on the proposed information follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of 21 CFR 101.8 and 101.11 Number of responses Total Average burden per response registration using form FDA 3757 respondents per annual (in hours) Total hours respondent responses

¤ 101.8(d); initial registration ...... 13 1 13 2 ...... 26 ¤ 101.8(d); registration renewal ...... 19 1 19 .5 (30 minutes) ...... 9.5 ¤ 101.11(d) initial registration ...... 3,559 1 3,559 2 ...... 7,118 ¤ 101.11(d) registration reviewal ...... 5,340 1 5,340 .5 (30 minutes) ...... 2,670

Total ...... 9,823.5 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 2—ESTIMATED RECORDKEEPING BURDEN 1

Annual Number of frequency Total 21 CFR part 101 recordkeepers per annual Hours per record Total hours recordkeeper records

Initial Burden (Annualized over 3 years)

¤ 101.8(c)(2)(i)(A); Initial nutrition 69,017 1 69,017 .25 (15 minutes) ...... 17,254 analysis.

Annual Burden

¤ 101.8(c)(2)(i)(A); Recurring nutri- 30,059 1 30,059 .25 (15 minutes) ...... 7,515 tion analysis.

Total ...... 24,769 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

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TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1

Number of Number of disclosures Total annual Average burden per disclosure 21 CFR part 101 respondents per disclosures (in hours) Total hours respondent

¤ 101.8(c)(2)(i); calorie analysis ...... 282 11 3,102 1 ...... 3,102 ¤ 101.8(c)(2)(ii); calorie declaration 3,279 2,122 6,958,038 .21 (12.5 minutes) ...... 1,461,188 signage. ¤ 101.8(e)(1); vending operator con- 3,279 125 409,875 .025 (1.5 minutes) ...... 10,247 tact information.

Total ...... 1,474,537 1 There are no capital costs or operating and maintenance costs associated with the information collection.

These figures are based on our information on the proposed projects or establish policy, to direct program analyses in support of the underlying to obtain a copy of the information activities, and to better allocate rulemaking cited above and there is no collection plans, call the SAMHSA resources. burden increase since the previous OMB Reports Clearance Officer on (240) 276– While NSDUH must be updated approvals. Because these are newly 1243. periodically to reflect changing established information collection Comments are invited on: (a) Whether substance use and mental health issues, provisions, we continue to evaluate the the proposed collections of information and to continue producing current data, collection burden and solicit public are necessary for the proper only the following minor changes are comment, noting that the effective dates performance of the functions of the planned for the 2019 NSDUH: (1) and/or compliance dates for certain agency, including whether the Adding a brief series of questions on provisions have not yet been realized. information shall have practical utility; medication-assisted treatment (MAT) for (b) the accuracy of the agency’s estimate Dated: March 22, 2018. opioids and alcohol; and, (2) including of the burden of the proposed collection Leslie Kux, other minor wording changes to of information; (c) ways to enhance the improve the flow of the interview, to Associate Commissioner for Policy. quality, utility, and clarity of the [FR Doc. 2018–06154 Filed 3–27–18; 8:45 am] increase respondent comprehension, or information to be collected; and, (d) to be consistent with text in other BILLING CODE 4164–01–P ways to minimize the burden of the questions. collection of information on respondents, including through the use The series of MAT questions seeks to DEPARTMENT OF HEALTH AND of automated collection techniques or identify medications prescribed by HUMAN SERVICES other forms of information technology. health professionals to help reduce or stop the use of opioids and alcohol. Substance Abuse and Mental Health Proposed Project: 2019 National Survey Including these questions in NSDUH Services Administration on Drug Use and Health OMB No. will allow SAMHSA to provide the first 0930–0110—Revision known national-level estimates on the Agency Information Collection The National Survey on Drug Use and use of MAT for opioid use disorder and Activities: Proposed Collection; alcohol use disorder. Comment Request Health (NSDUH) is a survey of the U.S. civilian, non-institutionalized As with all NSDUH surveys In compliance with section population aged 12 years old or older. conducted since 1999, including those 3506(c)(2)(A) of the Paperwork The data are used to determine the prior to 2002 when the NSDUH was Reduction Act of 1995 concerning prevalence of use of tobacco products, referred to as the National Household opportunity for public comment on alcohol, illicit substances, and illicit use Survey on Drug Abuse, the sample size proposed collections of information, the of prescription drugs. The results are of the survey for 2019 will be sufficient Substance Abuse and Mental Health used by SAMHSA, the Office of to permit prevalence estimates for each Services Administration (SAMHSA) National Drug Control Policy (ONDCP), of the 50 states and the District of will publish periodic summaries of federal government agencies, and other Columbia. The total annual burden proposed projects. To request more organizations and researchers to estimate is shown below in Table 1.

TABLE 1—ANNUALIZED ESTIMATED BURDEN FOR 2019 NSDUH

Responses Instrument Number of per Total number Hours per Total burden respondents respondent of responses response hours

Household Screening ...... 137,231 1 137,231 0.083 11,390 Interview ...... 67,507 1 67,507 1.000 67,507 Screening Verification ...... 4,116 1 4,116 0.067 276 Interview Verification ...... 10,126 1 10,126 0.067 678

Total ...... 137,231 ...... 218,980 ...... 79,851

Send comments to Summer King, Room 15E57B, 5600 Fishers Lane, Rockville, MD 20857 OR email a copy SAMHSA Reports Clearance Officer, to [email protected].

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Written comments should be received Federal Advisory Committee Act (5 can obtain this form by going to the by May 29, 2018. U.S.C., Appendix). The Great Lakes website of the Office of Government Pilotage Advisory Committee operates Ethics (www.oge.gov) or by contacting Summer King, under the authority of 46 U.S.C. 9307, the individual listed above in FOR Statistician. and makes recommendations to the FURTHER INFORMATION CONTACT. [FR Doc. 2018–06184 Filed 3–27–18; 8:45 am] Secretary and the U.S. Coast Guard on Registered lobbyists are not eligible to BILLING CODE 4162–20–P matters relating to the Great Lakes. serve on Federal Advisory Committees Meetings of the Great Lakes Pilotage in an individual capacity. See ‘‘Revised Advisory Committee will be held with Guidance on Appointment of Lobbyists DEPARTMENT OF HOMELAND the approval of the Designated Federal to federal advisory committees, Boards SECURITY Officer. The Committee is required to and Commissions’’ (79 FR 47482, meet at least once per year. Additional August 13, 2014). Registered lobbyists Coast Guard meetings may be held at the request of are lobbyists as defined in Title 2 U.S.C. [Docket No. USCG–2018–0274] a majority of the Committee or at the 1602 who are required by Title 2 U.S.C. discretion of the Designated Federal 1603 to register with the Secretary of the Great Lakes Pilotage Advisory Officer. Senate and the Clerk of the House Committee; Vacancies Each Great Lakes Pilotage Advisory Representatives. Committee member serves a term of The Department of Homeland AGENCY: U.S. Coast Guard, Department office of up to 3 years. Members may Security does not discriminate in of Homeland Security. serve a maximum of six consecutive selection of Committee members on the ACTION: Request for applications. years. All members serve without basis of race, color, religion, sex, compensation from the Federal national origin, political affiliation, SUMMARY: The U.S. Coast Guard seeks Government; however, they may receive sexual orientation, gender identity, applications for membership on the travel reimbursement and per diem. marital status, disability and genetic Great Lakes Pilotage Advisory We will consider applications for two information, age, membership in an Committee. The Great Lakes Pilotage positions that will become vacant on employee organization, or other non- Advisory Committee provides advice September 30, 2018. merit factor. The Department of and makes recommendations to the • One member representing the Homeland Security strives to achieve a Secretary of Homeland Security through interests of vessel operators that widely diverse candidate pool for all of the U.S. Coast Guard Commandant on contract for Great Lakes Pilotage its recruitment actions. matters relating to Great Lakes pilotage, Services; If you are interested in applying to including review of proposed Great • One member with a background in become a member of the Committee, Lakes pilotage regulations and policies. finance or accounting, who— send your cover letter and resume to Mr. a. Must have been recommended to DATES: Completed applications should Rajiv Khandpur, Designated Federal the Secretary of the Department of reach the U.S. Coast Guard on or before Officer, Great Lakes Pilotage Advisory Homeland Security by a unanimous April 27, 2018. Committee, via one of the transmittal vote of the other members of the ADDRESSES: Applicants should send a methods in the ADDRESSES section by cover letter expressing interest in an Committee, and b. May be appointed without regard the deadline in the DATES section of this appointment to the Great Lakes Pilotage to the requirement that each member notice. Email submittals will receive Advisory Committee that also identifies have five years of practical experience email receipt confirmation. which membership category the in maritime operations. Dated: March 23, 2018. applicant is applying under, along with To be eligible, applicants should have a resume detailing the applicant’s Michael D. Emerson, particular expertise, knowledge, and experience via one of the following Director, Marine Transportation Systems. experience regarding the regulations methods: [FR Doc. 2018–06194 Filed 3–27–18; 8:45 am] and policies on the pilotage vessels on • By Email: Rajiv.Khandpur@ BILLING CODE 9110–04–P the Great Lakes, and at least five years uscg.mil. of practical experience in maritime • By Fax: (202) 372–8387 ATTN: Mr. operations. DEPARTMENT OF THE INTERIOR Rajiv Khandpur. The category for a member with a • By Mail: Commandant (CG–WWM– background in finance and accounting Fish and Wildlife Service 2), U.S. Coast Guard, Attention: Mr. would be someone appointed in their Rajiv Khandpur, Designated Federal individual capacity and would be [FWS–R4–ES–2018–N039; Officer, Great Lakes Pilotage Advisory designated as a Special Government FXES11140400000–189–FF04E00000] Committee, 2703 Martin Luther King Jr. Employee as defined in 202(a) of Title Endangered Species Recovery Permit Ave. SE, Stop 7509, Washington, DC 18, U.S.C. As a candidate for Applications 20593–7509. appointment as a Special Government FOR FURTHER INFORMATION CONTACT: Mr. Employee, applicants are required to AGENCY: Fish and Wildlife Service, Rajiv Khandpur, Designated Federal complete a Confidential Financial Interior. Officer, Great Lakes Pilotage Advisory Disclosure Report (OGE Form 450). The ACTION: Notice of receipt of permit Committee, 2703 Martin Luther King Jr. U.S. Coast Guard may not release the applications; request for comment. Ave. SE, Stop 7509, Washington, DC reports or the information in them to the 20593–7509; telephone 202–372–1525, public except under an order issued by SUMMARY: We, the U.S. Fish and fax 202–372–8387, or email at a Federal Court or as otherwise Wildlife Service, invite the public to [email protected]. provided under the Privacy Act (5 comment on the following applications SUPPLEMENTARY INFORMATION: The Great U.S.C. 552a). Only the Designated U.S. to conduct certain activities with Lakes Pilotage Advisory Committee is a Coast Guard Ethics Official or his or her endangered species. With some federal advisory committee established designee may release a Confidential exceptions, the Endangered Species Act in accordance with the provisions of the Financial Disclosure Report. Applicants (ESA) prohibits activities with listed

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species unless a Federal permit is issued Submitting Comments: If you wish to Endangered Species Act of 1973, as that allows such activities. The ESA comment, you may submit comments by amended (16 U.S.C. 1531 et seq.; ESA), requires that we invite public comment any one of the following methods: and our regulations in the Code of before issuing these permits. • U.S. mail or hand-delivery: U.S. Federal Regulations (CFR) at 50 CFR Fish and Wildlife Service’s Regional part 17. With some exceptions, the ESA DATES: We must receive written data or Office (see above). prohibits activities with listed species comments on the applications at the • Email: [email protected]. unless a Federal permit is issued that address given in ADDRESSES by April 27, Please include your name and return allows such activities. The ESA requires 2018. address in your email message. If you do that we invite public comment before not receive a confirmation from the U.S. ADDRESSES: Reviewing Documents: Fish and Wildlife Service that we have issuing these permits. Documents and other information received your email message, contact us Public Availability of Comments submitted with the applications are directly at the telephone number listed available for review, subject to the in FOR FURTHER INFORMATION CONTACT. Before including your address, phone requirements of the Privacy Act and FOR FURTHER INFORMATION CONTACT: number, email address, or other Freedom of Information Act, by any Karen Marlowe, Permit Coordinator, personal identifying information in your party who submits a written request for 404–679–7097 (telephone) or 404–679– comment, you should be aware that a copy of such documents to the 7081 (fax). your entire comment—including your following office within 30 days of the SUPPLEMENTARY INFORMATION: We invite personal identifying information—may date of publication of this notice (see review and comment from local, State, be made publicly available at any time. DATES): U.S. Fish and Wildlife Service and Federal agencies and the public on While you can ask us in your comment Regional Office, Ecological Services, applications we have received for to withhold your personal identifying 1875 Century Boulevard, Atlanta, GA permits to conduct certain activities information from public review, we 30345 (Attn: Karen Marlowe, Permit with endangered and threatened species cannot guarantee that we will be able to Coordinator). under section 10(a)(1)(A) of the do so. PERMIT APPLICATIONS

Permit application Applicant Species/Numbers Location Activity Type of take Permit action No.

TE 22311AÐ4 Tennessee Blue shiner (Cyprinella caerulea), Alabama, Geor- Presence/ab- Capture, identify, take fin clips, Renewal and Aquarium, Amber darter (Percina gia, Kentucky, sence surveys, and release all of the identified Amendment. Chattanooga, antesella), Cumberland darter North Caro- tissue collection species, and capture, transport TN. (Etheostoma susanae), lina, Ten- for genetic and maintain in captivity up to Goldline darter (Percina nessee, and analysis, and 10 Conasauga logperch and up aurolineata), Conasauga Virginia. captive propa- to 80 laurel dace. logperch (Percina jenkinsi), gation research. Snail darter (Percina tanasi), and Laurel dace (Chrosomus saylori).

Authority HEARTH Act. With this approval, the also authorizes tribes to enter into leases We provide this notice under section Tribe is authorized to enter into the for residential, recreational, religious or 10(c) of the Act. following type of leases without BIA educational purposes for a primary term approval: Business and other authorized of up to 75 years without the approval Leopoldo Miranda, purposes. of the Secretary. Participating tribes Assistant Regional Director, Ecological FOR FURTHER INFORMATION CONTACT: Ms. develop tribal leasing regulations, Services, Southeast Region. Sharlene Round Face, Bureau of Indian including an environmental review [FR Doc. 2018–06202 Filed 3–27–18; 8:45 am] Affairs, Division of Real Estate Services, process, and then must obtain the BILLING CODE 4333–15–P 1849 C Street NW, MS–4642–MIB, Secretary’s approval of those regulations Washington, DC 20240, telephone: (202) prior to entering into leases. The Act 208–3615. requires the Secretary to approve tribal DEPARTMENT OF THE INTERIOR regulations if the tribal regulations are SUPPLEMENTARY INFORMATION: consistent with the Department’s leasing Bureau of Indian Affairs I. Summary of the HEARTH Act regulations at 25 CFR part 162 and [189A2100DD/AAKC001030/ The HEARTH (Helping Expedite and provide for an environmental review A0A501010.999900] Advance Responsible Tribal process that meets requirements set Homeownership) Act of 2012 (the Act) forth in the Act. This notice announces HEARTH Act Approval of Business that the Secretary, through the Assistant Leasing Regulations makes a voluntary, alternative land leasing process available to tribes, by Secretary—Indian Affairs, has approved AGENCY: Bureau of Indian Affairs, amending the Indian Long-Term Leasing the tribal regulations for the Torres Interior. Act of 1955, 25 U.S.C. 415. The Act Martinez Desert Cahuilla Indians. ACTION: Notice. authorizes tribes to negotiate and enter II. Federal Preemption of State and into agricultural and business leases of Local Taxes SUMMARY: On December 29, 2017, the tribal trust lands with a primary term of Bureau of Indian Affairs (BIA) approved 25 years, and up to two renewal terms The Department’s regulations the Torres Martinez Desert Cahuilla of 25 years each, without the approval governing the surface leasing of trust Indians leasing regulations under the of the Secretary of the Interior. The Act and restricted Indian lands specify that,

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subject to applicable Federal law, stand in the way of homeownership and preemption of State and local taxes on permanent improvements on leased economic development in tribal lease-related activities and interests, land, leasehold or possessory interests, communities.’’ 158 Cong. Rec. H. 2682 regardless of whether the lease is and activities under the lease are not (May 15, 2012). The HEARTH Act was governed by tribal leasing regulations or subject to State and local taxation and intended to afford tribes ‘‘flexibility to Part 162. Improvements, activities, and may be subject to taxation by the Indian adapt lease terms to suit [their] business leasehold or possessory interests may be tribe with jurisdiction. See 25 CFR and cultural needs’’ and to ‘‘enable subject to taxation by the Torres 162.017. As explained further in the [Tribes] to approve leases quickly and Martinez Desert Cahuilla Indians. preamble to the final regulations, the efficiently.’’ Id. at 5–6. Dated: December 29, 2017. Federal government has a strong interest Assessment of State and local taxes John Tahsuda, in promoting economic development, would obstruct these express Federal self-determination, and tribal policies supporting tribal economic Principal Deputy Assistant Secretary—Indian development and self-determination, Affairs, Exercising the Authority of the sovereignty. 77 FR 72,440, 72,447–48 Assistant Secretary—Indian Affairs. (December 5, 2012). The principles and also threaten substantial tribal supporting the Federal preemption of interests in effective tribal government, [FR Doc. 2018–06235 Filed 3–27–18; 8:45 am] State law in the field of Indian leasing economic self-sufficiency, and territorial BILLING CODE 4337–15–P and the taxation of lease-related autonomy. See Michigan v. Bay Mills interests and activities applies with Indian Community, 134 S. Ct. 2024, DEPARTMENT OF THE INTERIOR equal force to leases entered into under 2043 (2014) (Sotomayor, J., concurring) tribal leasing regulations approved by (determining that ‘‘[a] key goal of the Bureau of Indian Affairs the Federal government pursuant to the Federal Government is to render Tribes HEARTH Act. more self-sufficient, and better [189A2100DD/AAKC001030/ Section 5 of the Indian Reorganization positioned to fund their own sovereign A0A501010.999900] Act, 25 U.S.C. 465, preempts State and functions, rather than relying on Federal HEARTH Act Approval of Ramona local taxation of permanent funding’’). The additional costs of State Band of Cahuilla’s Business Site improvements on trust land. and local taxation have a chilling effect Confederated Tribes of the Chehalis on potential lessees, as well as on a tribe Leasing Ordinance Reservation v. Thurston County, 724 that, as a result, might refrain from AGENCY: Bureau of Indian Affairs, F.3d 1153, 1157 (9th Cir. 2013) (citing exercising its own sovereign right to Interior. Mescalero Apache Tribe v. Jones, 411 impose a tribal tax to support its ACTION: Notice. U.S. 145 (1973)). Similarly, section 465 infrastructure needs. See id. at 2043–44 preempts state taxation of rent payments (finding that State and local taxes SUMMARY: On December 29, 2017, the by a lessee for leased trust lands, greatly discourage tribes from raising tax Bureau of Indian Affairs (BIA) approved because ‘‘tax on the payment of rent is revenue from the same sources because the Ramona Band of Cahuilla’s leasing indistinguishable from an impermissible the imposition of double taxation would regulations under the Helping Expedite tax on the land.’’ See Seminole Tribe of impede tribal economic growth). and Advance Responsible Tribal Florida v. Stranburg, No. 14–14524, Just like BIA’s surface leasing Homeownership Act of 2012 (HEARTH *13-*17, n.8 (11th Cir. 2015). In regulations, tribal regulations under the Act). With this approval, the Tribe is addition, as explained in the preamble HEARTH Act pervasively cover all authorized to enter into leases for to the revised leasing regulations at 25 aspects of leasing. See Guidance for the business purposes without further BIA CFR part 162, Federal courts have Approval of Tribal Leasing Regulations approval. applied a balancing test to determine under the HEARTH Act, NPM–TRUS– FOR FURTHER INFORMATION CONTACT: whether State and local taxation of non- 29 (effective Jan. 16, 2013) (providing Sharlene Round Face, Bureau of Indian Indians on the reservation is preempted. guidance on Federal review process to Affairs, Division of Real Estate Services, White Mountain Apache Tribe v. ensure consistency of proposed tribal 1849 C Street NW, MS–4642–MIB, Bracker, 448 U.S. 136, 143 (1980). The regulations with Part 162 regulations Washington, DC 20240, at (202) 208– Bracker balancing test, which is and listing required tribal regulatory 3615. conducted against a backdrop of provisions). Furthermore, the Federal ‘‘traditional notions of Indian self- government remains involved in the SUPPLEMENTARY INFORMATION: tribal land leasing process by approving government,’’ requires a particularized I. Summary of the HEARTH Act examination of the relevant State, the tribal leasing regulations in the first Federal, and tribal interests. We hereby instance and providing technical The HEARTH Act of 2012 makes a adopt the Bracker analysis from the assistance, upon request by a tribe, for voluntary, alternative land leasing preamble to the surface leasing the development of an environmental process available to tribes, by amending regulations, 77 FR at 72,447–48, as review process. The Secretary also the Indian Long-Term Leasing Act of supplemented by the analysis below. retains authority to take any necessary 1955, 25 U.S.C. 415. The Act authorizes The strong Federal and tribal interests actions to remedy violations of a lease Tribes to negotiate and enter into against State and local taxation of or of the tribal regulations, including agricultural and business leases of improvements, leaseholds, and terminating the lease or rescinding Tribal trust lands with a primary term activities on land leased under the approval of the tribal regulations and of 25 years, and up to two renewal terms Department’s leasing regulations apply reassuming lease approval of 25 years each, without the approval equally to improvements, leaseholds, responsibilities. Moreover, the Secretary of the Secretary of the Interior. The Act and activities on land leased pursuant to continues to review, approve, and also authorizes Tribes to enter into tribal leasing regulations approved monitor individual Indian land leases leases for residential, recreational, under the HEARTH Act. Congress’s and other types of leases not covered religious or educational purposes for a overarching intent was to ‘‘allow tribes under the tribal regulations according to primary term of up to 75 years without to exercise greater control over their the Part 162 regulations. the approval of the Secretary. own land, support self-determination, Accordingly, the Federal and tribal Participating Tribes develop tribal and eliminate bureaucratic delays that interests weigh heavily in favor of leasing regulations, including an

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environmental review process, and then against a backdrop of ‘‘traditional leasing regulations in the first instance must obtain the Secretary’s approval of notions of Indian self-government,’’ and providing technical assistance, those regulations prior to entering into requires a particularized examination of upon request by a Tribe, for the leases. The Act requires the Secretary to the relevant State, Federal, and Tribal development of an environmental approve Tribal regulations if the Tribal interests. We hereby adopt the Bracker review process. The Secretary also regulations are consistent with the analysis from the preamble to the retains authority to take any necessary Department’s leasing regulations at 25 surface leasing regulations, 77 FR at actions to remedy violations of a lease CFR part 162 and provide for an 72,447–48, as supplemented by the or of the Tribal regulations, including environmental review process that analysis below. terminating the lease or rescinding meets requirements set forth in the Act. The strong Federal and Tribal approval of the Tribal regulations and This notice announces that the interests against State and local taxation reassuming lease approval Secretary, through the Assistant of improvements, leaseholds, and responsibilities. Moreover, the Secretary Secretary—Indian Affairs, has approved activities on land leased under the continues to review, approve, and the Tribal regulations for the Ramona Department’s leasing regulations apply monitor individual Indian land leases Band of Cahuilla, California. equally to improvements, leaseholds, and other types of leases not covered and activities on land leased pursuant to under the Tribal regulations according II. Federal Preemption of State and Tribal leasing regulations approved Local Taxes to the part 162 regulations. under the HEARTH Act. Congress’s Accordingly, the Federal and Tribal The Department’s regulations overarching intent was to ‘‘allow tribes interests weigh heavily in favor of governing the surface leasing of trust to exercise greater control over their preemption of State and local taxes on and restricted Indian lands specify that, own land, support self-determination, lease-related activities and interests, subject to applicable Federal law, and eliminate bureaucratic delays that regardless of whether the lease is permanent improvements on leased stand in the way of homeownership and governed by Tribal leasing regulations land, leasehold or possessory interests, economic development in tribal or part 162. Improvements, activities, and activities under the lease are not communities.’’ 158 Cong. Rec. H. 2682 and leasehold or possessory interests subject to State and local taxation and (May 15, 2012). The HEARTH Act was may be subject to taxation by the may be subject to taxation by the Indian intended to afford Tribes ‘‘flexibility to Ramona Band of Cahuilla, California. tribe with jurisdiction. See 25 CFR adapt lease terms to suit [their] business 162.017. As explained further in the and cultural needs’’ and to ‘‘enable Dated: December 29, 2017. preamble to the final regulations, the [Tribes] to approve leases quickly and John Tahsuda, Federal government has a strong interest efficiently.’’ Id. at 5–6. Principal Deputy Assistant Secretary—Indian in promoting economic development, Assessment of State and local taxes Affairs, Exercising the Authority of the self-determination, and Tribal would obstruct these express Federal Assistant Secretary-Indian Affairs. sovereignty. 77 FR 72440, 72447–48 policies supporting Tribal economic [FR Doc. 2018–06233 Filed 3–27–18; 8:45 am] (December 5, 2012). The principles development and self-determination, BILLING CODE 4337–15–P supporting the Federal preemption of and also threaten substantial Tribal State law in the field of Indian leasing interests in effective Tribal government, and the taxation of lease-related economic self-sufficiency, and territorial DEPARTMENT OF THE INTERIOR interests and activities applies with autonomy. See Michigan v. Bay Mills equal force to leases entered into under Indian Community, 134 S. Ct. 2024, Bureau of Indian Affairs Tribal leasing regulations approved by 2043 (2014) (Sotomayor, J., concurring) [189A2100DD/AAKC001030/ the Federal government pursuant to the (determining that ‘‘[a] key goal of the A0A501010.999900] HEARTH Act. Federal Government is to render Tribes Section 5 of the Indian Reorganization more self-sufficient, and better HEARTH Act Approval of Business Act, 25 U.S.C. 465, preempts State and positioned to fund their own sovereign Leasing Regulations local taxation of permanent functions, rather than relying on Federal AGENCY: Bureau of Indian Affairs, improvements on trust land. funding’’). The additional costs of State Interior. Confederated Tribes of the Chehalis and local taxation have a chilling effect Reservation v. Thurston County, 724 on potential lessees, as well as on a ACTION: Notice. F.3d 1153, 1157 (9th Cir. 2013) (citing Tribe that, as a result, might refrain from SUMMARY: On December 28, 2017, the Mescalero Apache Tribe v. Jones, 411 exercising its own sovereign right to Bureau of Indian Affairs (BIA) approved U.S. 145 (1973)). Similarly, section 465 impose a Tribal tax to support its the Pechanga Band of Luiseno Mission preempts State taxation of rent infrastructure needs. See id. at 2043–44 Indians leasing regulations under the payments by a lessee for leased trust (finding that State and local taxes HEARTH Act. With this approval, the lands, because ‘‘tax on the payment of greatly discourage Tribes from raising Tribe is authorized to enter into the rent is indistinguishable from an tax revenue from the same sources following type of leases without BIA impermissible tax on the land.’’ See because the imposition of double approval: Business. Seminole Tribe of Florida v. Stranburg, taxation would impede Tribal economic No. 14–14524, *13–*17, n.8 (11th Cir. growth). FOR FURTHER INFORMATION CONTACT: 2015). In addition, as explained in the Similar to BIA’s surface leasing Sharlene Round Face, Bureau of Indian preamble to the revised leasing regulations, Tribal regulations under the Affairs, Division of Real Estate Services, regulations at 25 CFR part 162, Federal HEARTH Act pervasively cover all 1849 C Street NW, MS–4642–MIB, courts have applied a balancing test to aspects of leasing. See 25 U.S.C. Washington, DC 20240, at (202) 208– determine whether State and local 415(h)(3)(B)(i) (requiring Tribal 3615. taxation of non-Indians on the regulations be consistent with BIA SUPPLEMENTARY INFORMATION: reservation is preempted. White surface leasing regulations). Mountain Apache Tribe v. Bracker, 448 Furthermore, the Federal government I. Summary of the HEARTH Act U.S. 136, 143 (1980). The Bracker remains involved in the Tribal land The HEARTH (Helping Expedite and balancing test, which is conducted leasing process by approving the Tribal Advance Responsible Tribal

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Homeownership) Act of 2012 (the Act) U.S. 145 (1973)). Similarly, section 5108 infrastructure needs. See id. at 2043–44 makes a voluntary, alternative land preempts state taxation of rent payments (finding that State and local taxes leasing process available to Tribes, by by a lessee for leased trust lands, greatly discourage Tribes from raising amending the Indian Long-Term Leasing because ‘‘tax on the payment of rent is tax revenue from the same sources Act of 1955, 25 U.S.C. 415. The Act indistinguishable from an impermissible because the imposition of double authorizes Tribes to negotiate and enter tax on the land.’’ See Seminole Tribe of taxation would impede Tribal economic into agricultural and business leases of Florida v. Stranburg, No. 14–14524, growth). Tribal trust lands with a primary term *13–*17, n.8 (11th Cir. 2015). In Similar to BIA’s surface leasing of 25 years, and up to two renewal terms addition, as explained in the preamble regulations, Tribal regulations under the of 25 years each, without the approval to the revised leasing regulations at 25 HEARTH Act pervasively cover all of the Secretary of the Interior. The Act CFR part 162, Federal courts have aspects of leasing. See 25 U.S.C. also authorizes Tribes to enter into applied a balancing test to determine 415(h)(3)(B)(i) (requiring Tribal leases for residential, recreational, whether State and local taxation of non- regulations be consistent with BIA religious or educational purposes for a Indians on the reservation is preempted. surface leasing regulations). primary term of up to 75 years without White Mountain Apache Tribe v. Furthermore, the Federal government the approval of the Secretary. Bracker, 448 U.S. 136, 143 (1980). The remains involved in the Tribal land Participating Tribes develop Tribal Bracker balancing test, which is leasing process by approving the Tribal leasing regulations, including an conducted against a backdrop of leasing regulations in the first instance environmental review process, and then ‘‘traditional notions of Indian self- and providing technical assistance, must obtain the Secretary’s approval of government,’’ requires a particularized upon request by a Tribe, for the those regulations prior to entering into examination of the relevant State, development of an environmental leases. The Act requires the Secretary to Federal, and Tribal interests. We hereby review process. The Secretary also approve Tribal regulations if the Tribal adopt the Bracker analysis from the retains authority to take any necessary regulations are consistent with the preamble to the surface leasing actions to remedy violations of a lease Department’s leasing regulations at 25 regulations, 77 FR at 72,447–48, as or of the Tribal regulations, including CFR part 162 and provide for an supplemented by the analysis below. terminating the lease or rescinding environmental review process that The strong Federal and Tribal approval of the Tribal regulations and meets requirements set forth in the Act. interests against State and local taxation reassuming lease approval This notice announces that the of improvements, leaseholds, and responsibilities. Moreover, the Secretary Secretary, through the Assistant activities on land leased under the continues to review, approve, and Secretary—Indian Affairs, has approved Department’s leasing regulations apply monitor individual Indian land leases the Tribal regulations for the Pechanga equally to improvements, leaseholds, and other types of leases not covered Band of Luiseno Mission Indians. and activities on land leased pursuant to under the Tribal regulations according Tribal leasing regulations approved to the part 162 regulations. II. Federal Preemption of State and under the HEARTH Act. Congress’s Local Taxes Accordingly, the Federal and Tribal overarching intent was to ‘‘allow tribes interests weigh heavily in favor of The Department’s regulations to exercise greater control over their preemption of State and local taxes on governing the surface leasing of trust own land, support self-determination, lease-related activities and interests, and restricted Indian lands specify that, and eliminate bureaucratic delays that regardless of whether the lease is subject to applicable Federal law, stand in the way of homeownership and governed by Tribal leasing regulations permanent improvements on leased economic development in tribal or part 162. Improvements, activities, land, leasehold or possessory interests, communities.’’ 158 Cong. Rec. H. 2682 and leasehold or possessory interests and activities under the lease are not (May 15, 2012). The HEARTH Act was may be subject to taxation by the subject to State and local taxation and intended to afford Tribes ‘‘flexibility to Pechanga Band of Luiseno Mission may be subject to taxation by the Indian adapt lease terms to suit [their] business Indians. Tribe with jurisdiction. See 25 CFR and cultural needs’’ and to ‘‘enable 162.017. As explained further in the [Tribes] to approve leases quickly and Dated: December 28, 2017. preamble to the final regulations, the efficiently.’’ Id. at 5–6. John Tahusda, Federal government has a strong interest Assessment of State and local taxes Principal Deputy Assistant Secretary—Indian in promoting economic development, would obstruct these express Federal Affairs Exercising the Authority of the self-determination, and Tribal policies supporting Tribal economic Assistant Secretary—Indian Affairs. sovereignty. 77 FR 72,440, 72,447–48 development and self-determination, [FR Doc. 2018–06231 Filed 3–27–18; 8:45 am] (December 5, 2012). The principles and also threaten substantial Tribal BILLING CODE 4337–15–P supporting the Federal preemption of interests in effective Tribal government, State law in the field of Indian leasing economic self-sufficiency, and territorial and the taxation of lease-related autonomy. See Michigan v. Bay Mills DEPARTMENT OF THE INTERIOR interests and activities applies with Indian Community, 134 S. Ct. 2024, equal force to leases entered into under 2043 (2014) (Sotomayor, J., concurring) Bureau of Indian Affairs Tribal leasing regulations approved by (determining that ‘‘[a] key goal of the the Federal government pursuant to the Federal Government is to render Tribes [189A2100DD/AAKC001030/ HEARTH Act. more self-sufficient, and better A0A501010.999900] Section 5 of the Indian Reorganization positioned to fund their own sovereign Act, 25 U.S.C. 5108, preempts State and functions, rather than relying on Federal HEARTH Act Approval of Apache Tribe local taxation of permanent funding’’). The additional costs of State of Oklahoma Indian Lands Leasing Act improvements on trust land. and local taxation have a chilling effect of 2017 Regulations Confederated Tribes of the Chehalis on potential lessees, as well as on a AGENCY: Bureau of Indian Affairs, Reservation v. Thurston County, 724 Tribe that, as a result, might refrain from Interior. F.3d 1153, 1157 (9th Cir. 2013) (citing exercising its own sovereign right to ACTION: Notice. Mescalero Apache Tribe v. Jones, 411 impose a Tribal tax to support its

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SUMMARY: On December 28, 2017, the Tribe with jurisdiction. See 25 CFR adapt lease terms to suit [their] business Bureau of Indian Affairs (BIA) approved 162.017. As explained further in the and cultural needs’’ and to ‘‘enable the Apache Tribe of Oklahoma Indian preamble to the final regulations, the [Tribes] to approve leases quickly and Lands Leasing Act of 2017 leasing Federal government has a strong interest efficiently.’’ Id. at 5–6. Regulations under the Helping Expedite in promoting economic development, Assessment of State and local taxes and Advance Responsible Tribal self-determination, and Tribal would obstruct these express Federal Homeownership Act of 2012 (HEARTH sovereignty. 77 FR 72440, 72447–48 policies supporting Tribal economic Act). With this approval, the Tribe is (December 5, 2012). The principles development and self-determination, authorized to enter into business, wind supporting the Federal preemption of and also threaten substantial Tribal and solar, wind energy evaluation, and State law in the field of Indian leasing interests in effective Tribal government, other authorized purposes leases and the taxation of lease-related economic self-sufficiency, and territorial without further BIA approval. interests and activities applies with autonomy. See Michigan v. Bay Mills FOR FURTHER INFORMATION CONTACT: Ms. equal force to leases entered into under Indian Community, 134 S. Ct. 2024, Sharlene Round Face, Bureau of Indian Tribal leasing regulations approved by 2043 (2014) (Sotomayor, J., concurring) Affairs, Division of Real Estate Services, the Federal government pursuant to the (determining that ‘‘[a] key goal of the 1849 C Street NW, MS–4642–MIB, HEARTH Act. Federal Government is to render Tribes Washington, DC 20240, at (202) 208– Section 5 of the Indian Reorganization more self-sufficient, and better 3615. Act, 25 U.S.C. 465, preempts State and positioned to fund their own sovereign local taxation of permanent functions, rather than relying on Federal SUPPLEMENTARY INFORMATION: improvements on trust land. funding’’). The additional costs of State I. Summary of the HEARTH Act Confederated Tribes of the Chehalis and local taxation have a chilling effect Reservation v. Thurston County, 724 on potential lessees, as well as on a The HEARTH Act makes a voluntary, F.3d 1153, 1157 (9th Cir. 2013) (citing Tribe that, as a result, might refrain from alternative land leasing process Mescalero Apache Tribe v. Jones, 411 exercising its own sovereign right to available to tribes, by amending the U.S. 145 (1973)). Similarly, section 465 impose a Tribal tax to support its Indian Long-Term Leasing Act of 1955, preempts State taxation of rent infrastructure needs. See id. at 2043–44 25 U.S.C. 415. The HEARTH Act payments by a lessee for leased trust (finding that State and local taxes authorizes Tribes to negotiate and enter lands, because ‘‘tax on the payment of greatly discourage Tribes from raising into agricultural and business leases of rent is indistinguishable from an tax revenue from the same sources Tribal trust lands with a primary term impermissible tax on the land.’’ See because the imposition of double of 25 years, and up to two renewal terms Seminole Tribe of Florida v. Stranburg, taxation would impede Tribal economic of 25 years each, without the approval No. 14–14524, *13–*17, n.8 (11th Cir. growth). of the Secretary of the Interior 2015). In addition, as explained in the Similar to BIA’s surface leasing (Secretary). The HEARTH Act also preamble to the revised leasing regulations, Tribal regulations under the authorizes Tribes to enter into leases for regulations at 25 CFR part 162, Federal HEARTH Act pervasively cover all residential, recreational, religious or courts have applied a balancing test to aspects of leasing. See 25 U.S.C. educational purposes for a primary term determine whether State and local 415(h)(3)(B)(i) (requiring Tribal of up to 75 years without the approval taxation of non-Indians on the regulations be consistent with BIA of the Secretary. Participating Tribes reservation is preempted. White surface leasing regulations). develop Tribal leasing regulations, Mountain Apache Tribe v. Bracker, 448 Furthermore, the Federal government including an environmental review U.S. 136, 143 (1980). The Bracker remains involved in the Tribal land process, and then must obtain the balancing test, which is conducted leasing process by approving the Tribal Secretary’s approval of those regulations against a backdrop of ‘‘traditional leasing regulations in the first instance prior to entering into leases. The notions of Indian self-government,’’ and providing technical assistance, HEARTH Act requires the Secretary to requires a particularized examination of upon request by a Tribe, for the approve Tribal regulations if the Tribal the relevant State, Federal, and Tribal development of an environmental regulations are consistent with the interests. We hereby adopt the Bracker review process. The Secretary also Department of the Interior’s analysis from the preamble to the retains authority to take any necessary (Department) leasing regulations at 25 surface leasing regulations, 77 FR at actions to remedy violations of a lease CFR part 162 and provide for an 72447–48, as supplemented by the or of the Tribal regulations, including environmental review process that analysis below. terminating the lease or rescinding meets requirements set forth in the The strong Federal and Tribal approval of the Tribal regulations and HEARTH Act. This notice announces interests against State and local taxation reassuming lease approval that the Secretary, through the Assistant of improvements, leaseholds, and responsibilities. Moreover, the Secretary Secretary—Indian Affairs, has approved activities on land leased under the continues to review, approve, and the Tribal regulations for the Apache Department’s leasing regulations apply monitor individual Indian land leases Tribe of Oklahoma. equally to improvements, leaseholds, and other types of leases not covered and activities on land leased pursuant to under the Tribal regulations according II. Federal Preemption of State and Tribal leasing regulations approved to the part 162 regulations. Local Taxes under the HEARTH Act. Congress’s Accordingly, the Federal and Tribal The Department’s regulations overarching intent was to ‘‘allow tribes interests weigh heavily in favor of governing the surface leasing of trust to exercise greater control over their preemption of State and local taxes on and restricted Indian lands specify that, own land, support self-determination, lease-related activities and interests, subject to applicable Federal law, and eliminate bureaucratic delays that regardless of whether the lease is permanent improvements on leased stand in the way of homeownership and governed by Tribal leasing regulations land, leasehold or possessory interests, economic development in tribal or part 162. Improvements, activities, and activities under the lease are not communities.’’ 158 Cong. Rec. H. 2682 and leasehold or possessory interests subject to State and local taxation and (May 15, 2012). The HEARTH Act was may be subject to taxation by the may be subject to taxation by the Indian intended to afford Tribes ‘‘flexibility to Apache Tribe of Oklahoma.

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Dated: December 28, 2017. Secretary, through the Assistant activities on land leased under the John Tahsuda, Secretary—Indian Affairs, has approved Department’s leasing regulations apply Principal Deputy Assistant Secretary—Indian the Tribal regulations for the Kootenai equally to improvements, leaseholds, Affairs, Exercising the Authority of the Tribe of Idaho. and activities on land leased pursuant to Assistant Secretary—Indian Affairs. Tribal leasing regulations approved II. Federal Preemption of State and [FR Doc. 2018–06227 Filed 3–27–18; 8:45 am] under the HEARTH Act. Congress’s Local Taxes BILLING CODE 4337–15–P overarching intent was to ‘‘allow tribes The Department’s regulations to exercise greater control over their governing the surface leasing of trust own land, support self-determination, DEPARTMENT OF THE INTERIOR and restricted Indian lands specify that, and eliminate bureaucratic delays that subject to applicable Federal law, stand in the way of homeownership and Bureau of Indian Affairs permanent improvements on leased economic development in tribal [189A2100DD/AAKC001030/ land, leasehold or possessory interests, communities.’’ 158 Cong. Rec. H. 2682 A0A501010.999900] and activities under the lease are not (May 15, 2012). The HEARTH Act was subject to State and local taxation and intended to afford Tribes ‘‘flexibility to HEARTH Act Approval of Kootenai may be subject to taxation by the Indian adapt lease terms to suit [their] business Tribe of Idaho’s Regulations Tribe with jurisdiction. See 25 CFR and cultural needs’’ and to ‘‘enable 162.017. As explained further in the AGENCY: [Tribes] to approve leases quickly and Bureau of Indian Affairs, preamble to the final regulations, the Interior. efficiently.’’ Id. at 5–6. Federal government has a strong interest Assessment of State and local taxes ACTION: Notice. in promoting economic development, would obstruct these express Federal SUMMARY: On November 9, 2017, the self-determination, and Tribal policies supporting Tribal economic Bureau of Indian Affairs (BIA) approved sovereignty. 77 FR 72,440, 72,447–48 development and self-determination, the Kootenai Tribe of Idaho’s leasing (December 5, 2012). The principles and also threaten substantial Tribal regulations under the HEARTH Act. supporting the Federal preemption of interests in effective Tribal government, With this approval, the Tribe is State law in the field of Indian leasing economic self-sufficiency, and territorial authorized to enter into residential and the taxation of lease-related autonomy. See Michigan v. Bay Mills leases without BIA approval. interests and activities applies with Indian Community, 134 S. Ct. 2024, equal force to leases entered into under 2043 (2014) (Sotomayor, J., concurring) FOR FURTHER INFORMATION CONTACT: Tribal leasing regulations approved by Sharlene Round Face, Bureau of Indian (determining that ‘‘[a] key goal of the the Federal government pursuant to the Federal Government is to render Tribes Affairs, Division of Real Estate Services, HEARTH Act. more self-sufficient, and better 1849 C Street NW, MS–4642–MIB, Section 5 of the Indian Reorganization positioned to fund their own sovereign Washington, DC 20240, at (202) 208– Act, 25 U.S.C. 465, preempts State and functions, rather than relying on Federal 3615. local taxation of permanent funding’’). The additional costs of State SUPPLEMENTARY INFORMATION: improvements on trust land. and local taxation have a chilling effect Confederated Tribes of the Chehalis I. Summary of the HEARTH Act on potential lessees, as well as on a Reservation v. Thurston County, 724 Tribe that, as a result, might refrain from The HEARTH (Helping Expedite and F.3d 1153, 1157 (9th Cir. 2013) (citing exercising its own sovereign right to Advance Responsible Tribal Mescalero Apache Tribe v. Jones, 411 impose a Tribal tax to support its Homeownership) Act of 2012 (the Act) U.S. 145 (1973)). Similarly, section 465 infrastructure needs. See id. at 2043–44 makes a voluntary, alternative land preempts state taxation of rent payments (finding that State and local taxes leasing process available to Tribes, by by a lessee for leased trust lands, greatly discourage Tribes from raising amending the Indian Long-Term Leasing because ‘‘tax on the payment of rent is tax revenue from the same sources Act of 1955, 25 U.S.C. 415. The Act indistinguishable from an impermissible because the imposition of double authorizes Tribes to negotiate and enter tax on the land.’’ See Seminole Tribe of taxation would impede Tribal economic into agricultural and business leases of Florida v. Stranburg, No. 14–14524, growth). Tribal trust lands with a primary term *13–*17, n.8 (11th Cir. 2015). In Similar to BIA’s surface leasing of 25 years, and up to two renewal terms addition, as explained in the preamble regulations, Tribal regulations under the of 25 years each, without the approval to the revised leasing regulations at 25 HEARTH Act pervasively cover all of the Secretary of the Interior. The Act CFR part 162, Federal courts have aspects of leasing. See 25 U.S.C. also authorizes Tribes to enter into applied a balancing test to determine 415(h)(3)(B)(i) (requiring Tribal leases for residential, recreational, whether State and local taxation of non- regulations be consistent with BIA religious or educational purposes for a Indians on the reservation is preempted. surface leasing regulations). primary term of up to 75 years without White Mountain Apache Tribe v. Furthermore, the Federal government the approval of the Secretary. Bracker, 448 U.S. 136, 143 (1980). The remains involved in the Tribal land Participating Tribes develop Tribal Bracker balancing test, which is leasing process by approving the Tribal leasing regulations, including an conducted against a backdrop of leasing regulations in the first instance environmental review process, and then ‘‘traditional notions of Indian self- and providing technical assistance, must obtain the Secretary’s approval of government,’’ requires a particularized upon request by a Tribe, for the those regulations prior to entering into examination of the relevant State, development of an environmental leases. The Act requires the Secretary to Federal, and Tribal interests. We hereby review process. The Secretary also approve Tribal regulations if the Tribal adopt the Bracker analysis from the retains authority to take any necessary regulations are consistent with the preamble to the surface leasing actions to remedy violations of a lease Department’s leasing regulations at 25 regulations, 77 FR at 72,447–48, as or of the Tribal regulations, including CFR part 162 and provide for an supplemented by the analysis below. terminating the lease or rescinding environmental review process that The strong Federal and Tribal approval of the Tribal regulations and meets requirements set forth in the Act. interests against State and local taxation reassuming lease approval This notice announces that the of improvements, leaseholds, and responsibilities. Moreover, the Secretary

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continues to review, approve, and to two renewal terms of 25 years each, to the revised leasing regulations at 25 monitor individual Indian land leases without the approval of the Secretary of CFR part 162, Federal courts have and other types of leases not covered the Interior. The Act also authorizes applied a balancing test to determine under the Tribal regulations according Tribes to enter into leases for whether State and local taxation of non- to the Part 162 regulations. residential, recreational, religious or Indians on the reservation is preempted. Accordingly, the Federal and Tribal educational purposes for a primary term White Mountain Apache Tribe v. interests weigh heavily in favor of of up to 75 years without the approval Bracker, 448 U.S. 136, 143 (1980). The preemption of State and local taxes on of the Secretary. Participating Tribes Bracker balancing test, which is lease-related activities and interests, develop Tribal leasing regulations, conducted against a backdrop of regardless of whether the lease is including an environmental review ‘‘traditional notions of Indian self- governed by Tribal leasing regulations process, and then must obtain the government,’’ requires a particularized or part 162. Improvements, activities, Secretary’s approval of those regulations examination of the relevant State, and leasehold or possessory interests prior to entering into leases. The Act Federal, and Tribal interests. We hereby may be subject to taxation by the requires the Secretary to approve Tribal adopt the Bracker analysis from the Kootenai Tribe of Idaho. regulations if the Tribal regulations are preamble to the surface leasing Dated: November 9, 2017. consistent with the Department’s leasing regulations, 77 FR at 72447–48, as regulations at 25 CFR part 162 and supplemented by the analysis below. John Tahsuda, provide for an environmental review The strong Federal and Tribal Principal Deputy Assistant Secretary—Indian process that meets requirements set interests against State and local taxation Affairs, Exercising the Authority of the Acting of improvements, leaseholds, and Assistant Secretary—Indian Affairs. forth in the Act. This notice announces that the Secretary, through the Assistant activities on land leased under the Editorial Note: This document was Secretary—Indian Affairs, has approved Department’s leasing regulations apply received at The Office of the Federal Register the Tribal regulations for the Cheyenne equally to improvements, leaseholds, on March 23, 2018. and Arapaho Tribes. and activities on land leased pursuant to [FR Doc. 2018–06226 Filed 3–27–18; 8:45 am] Tribal leasing regulations approved II. Federal Preemption of State and BILLING CODE 4337–15–P under the HEARTH Act. Congress’s Local Taxes overarching intent was to ‘‘allow Tribes The Department’s regulations to exercise greater control over their DEPARTMENT OF THE INTERIOR governing the surface leasing of trust own land, support self-determination, and restricted Indian lands specify that, and eliminate bureaucratic delays that Bureau of Indian Affairs subject to applicable Federal law, stand in the way of homeownership and [189A2100DD/AAKC001030/ permanent improvements on leased economic development in Tribal A0A501010.999900] land, leasehold or possessory interests, communities.’’ 158 Cong. Rec. H. 2682 and activities under the lease are not (May 15, 2012). The HEARTH Act was HEARTH Act Approval of Cheyenne subject to State and local taxation and intended to afford Tribes ‘‘flexibility to and Arapaho Tribe’s Business Site may be subject to taxation by the Indian adapt lease terms to suit [their] business Leasing Regulations Tribe with jurisdiction. See 25 CFR and cultural needs’’ and to ‘‘enable 162.017. As explained further in the [Tribes] to approve leases quickly and AGENCY: Bureau of Indian Affairs, preamble to the final regulations, the efficiently.’’ Id. at 5–6. Interior. Federal government has a strong interest Assessment of State and local taxes ACTION: Notice. in promoting economic development, would obstruct these express Federal self-determination, and Tribal policies supporting Tribal economic SUMMARY: On November 9, 2017, the sovereignty. 77 FR 72440, 72447–48 development and self-determination, Bureau of Indian Affairs (BIA) approved (December 5, 2012). The principles and also threaten substantial Tribal the Cheyenne and Arapaho Tribes supporting the Federal preemption of interests in effective Tribal government, Business Site Leasing regulations under State law in the field of Indian leasing economic self-sufficiency, and territorial the Helping Expedite and Advance and the taxation of lease-related autonomy. See Michigan v. Bay Mills Responsible Tribal Homeownership Act interests and activities applies with Indian Community, 134 S. Ct. 2024, of 2012 (HEARTH Act). With this equal force to leases entered into under 2043 (2014) (Sotomayor, J., concurring) approval, the Tribe is authorized to Tribal leasing regulations approved by (determining that ‘‘[a] key goal of the enter into business site leases without the Federal government pursuant to the Federal Government is to render Tribes further BIA approval. HEARTH Act. more self-sufficient, and better FOR FURTHER INFORMATION CONTACT: Section 5 of the Indian Reorganization positioned to fund their own sovereign Sharlene Round Face, Bureau of Indian Act, 25 U.S.C. 465, preempts State and functions, rather than relying on Federal Affairs, Division of Real Estate Services, local taxation of permanent funding’’). The additional costs of State 1849 C Street NW, MS–4642–MIB, improvements on trust land. and local taxation have a chilling effect Washington, DC 20240, at (202) 208– Confederated Tribes of the Chehalis on potential lessees, as well as on a 3615. Reservation v. Thurston County, 724 Tribe that, as a result, might refrain from SUPPLEMENTARY INFORMATION: F.3d 1153, 1157 (9th Cir. 2013) (citing exercising its own sovereign right to Mescalero Apache Tribe v. Jones, 411 impose a Tribal tax to support its I. Summary of the HEARTH Act U.S. 145 (1973)). Similarly, section 465 infrastructure needs. See id. at 2043–44 The HEARTH Act of 2012 makes a preempts state taxation of rent payments (finding that State and local taxes voluntary, alternative land leasing by a lessee for leased trust lands, greatly discourage Tribes from raising process available to Tribes, by amending because ‘‘tax on the payment of rent is tax revenue from the same sources the Indian Long-Term Leasing Act of indistinguishable from an impermissible because the imposition of double 1955, 25 U.S.C. 415. The Act authorizes tax on the land.’’ See Seminole Tribe of taxation would impede Tribal economic Tribes to negotiate and enter into Florida v. Stranburg, No. 14–14524, growth). business leases of Tribal trust lands *13–*17, n.8 (11th Cir. 2015). In Similar to BIA’s surface leasing with a primary term of 25 years, and up addition, as explained in the preamble regulations, Tribal regulations under the

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HEARTH Act pervasively cover all FOR FURTHER INFORMATION CONTACT: Ms. equal force to leases entered into under aspects of leasing. See 25 U.S.C. Sharlene Round Face, Bureau of Indian Tribal leasing regulations approved by 415(h)(3)(B)(i) (requiring Tribal Affairs, Division of Real Estate Services, the Federal government pursuant to the regulations be consistent with BIA 1849 C Street NW, MS–4642–MIB, HEARTH Act. surface leasing regulations). Washington, DC 20240, at (202) 208– Section 5 of the Indian Reorganization Furthermore, the Federal government 3615. Act, 25 U.S.C. 465, preempts State and remains involved in the Tribal land local taxation of permanent SUPPLEMENTARY INFORMATION: leasing process by approving the Tribal improvements on trust land. leasing regulations in the first instance I. Summary of the HEARTH Act Confederated Tribes of the Chehalis Reservation v. Thurston County, 724 and providing technical assistance, The HEARTH Act makes a voluntary, F.3d 1153, 1157 (9th Cir. 2013) (citing upon request by a Tribe, for the alternative land leasing process Mescalero Apache Tribe v. Jones, 411 development of an environmental available to Tribes, by amending the U.S. 145 (1973)). Similarly, section 465 review process. The Secretary also Indian Long-Term Leasing Act of 1955, preempts state taxation of rent payments retains authority to take any necessary 25 U.S.C. 415. The HEARTH Act by a lessee for leased trust lands, actions to remedy violations of a lease authorizes Tribes to negotiate and enter or of the Tribal regulations, including because ‘‘tax on the payment of rent is into agricultural and business leases of terminating the lease or rescinding indistinguishable from an impermissible Tribal trust lands with a primary term approval of the Tribal regulations and tax on the land.’’ See Seminole Tribe of of 25 years, and up to two renewal terms reassuming lease approval Florida v. Stranburg, No. 14–14524, of 25 years each, without the approval responsibilities. Moreover, the Secretary *13–*17, n.8 (11th Cir. 2015). In of the Secretary of the Interior continues to review, approve, and addition, as explained in the preamble (Secretary). The HEARTH Act also monitor individual Indian land leases to the revised leasing regulations at 25 authorizes Tribes to enter into leases for and other types of leases not covered CFR part 162, Federal courts have residential, recreational, religious or under the Tribal regulations according applied a balancing test to determine educational purposes for a primary term to the Part 162 regulations. whether State and local taxation of non- Accordingly, the Federal and Tribal of up to 75 years without the approval Indians on the reservation is preempted. interests weigh heavily in favor of of the Secretary. Participating Tribes White Mountain Apache Tribe v. preemption of State and local taxes on develop Tribal leasing regulations, Bracker, 448 U.S. 136, 143 (1980). The lease-related activities and interests, including an environmental review Bracker balancing test, which is regardless of whether the lease is process, and then must obtain the conducted against a backdrop of governed by Tribal leasing regulations Secretary’s approval of those regulations ‘‘traditional notions of Indian self- or part 162. Improvements, activities, prior to entering into leases. The government,’’ requires a particularized and leasehold or possessory interests HEARTH Act requires the Secretary to examination of the relevant State, may be subject to taxation by the State approve Tribal regulations if the Tribal Federal, and Tribal interests. We hereby of Oklahoma. regulations are consistent with the adopt the Bracker analysis from the Department of the Interior’s preamble to the surface leasing Dated: November 9, 2017. (Department) leasing regulations at 25 John Tahsuda, regulations, 77 FR at 72,447–48, as CFR part 162 and provide for an supplemented by the analysis below. Principal Deputy Assistant Secretary—Indian environmental review process that The strong Federal and Tribal Affairs, Exercising the Authority of the Acting meets requirements set forth in the Assistant Secretary—Indian Affairs. interests against State and local taxation HEARTH Act. This notice announces of improvements, leaseholds, and Editorial Note: This document was that the Secretary, through the Assistant activities on land leased under the received at The Office of the Federal Register Secretary—Indian Affairs, has approved Department’s leasing regulations apply on March 23, 2018. the Tribal regulations for the Coquille equally to improvements, leaseholds, [FR Doc. 2018–06225 Filed 3–27–18; 8:45 am] Indian Tribe. and activities on land leased pursuant to BILLING CODE 4337–15–P II. Federal Preemption of State and Tribal leasing regulations approved Local Taxes under the HEARTH Act. Congress’s overarching intent was to ‘‘allow tribes DEPARTMENT OF THE INTERIOR The Department’s regulations to exercise greater control over their governing the surface leasing of trust own land, support self-determination, Bureau of Indian Affairs and restricted Indian lands specify that, and eliminate bureaucratic delays that [189A2100DD/AAKC001030/ subject to applicable Federal law, stand in the way of homeownership and A0A501010.999900] permanent improvements on leased economic development in tribal land, leasehold or possessory interests, communities.’’ 158 Cong. Rec. H. 2682 HEARTH Act Approval of Coquille and activities under the lease are not (May 15, 2012). The HEARTH Act was Indian Tribe Ordinance subject to State and local taxation and intended to afford Tribes ‘‘flexibility to AGENCY: Bureau of Indian Affairs, may be subject to taxation by the Indian adapt lease terms to suit [their] business Interior. Tribe with jurisdiction. See 25 CFR and cultural needs’’ and to ‘‘enable 162.017. As explained further in the ACTION: Notice. [Tribes] to approve leases quickly and preamble to the final regulations, the efficiently.’’ Id. at 5–6. SUMMARY: On November 9, 2017, the Federal government has a strong interest Assessment of State and local taxes Bureau of Indian Affairs (BIA) approved in promoting economic development, would obstruct these express Federal the Coquille Indian Tribe leasing self-determination, and Tribal policies supporting Tribal economic regulations under the Helping Expedite sovereignty. 77 FR 72,440, 72,447–48 development and self-determination, and Advance Responsible Tribal (December 5, 2012). The principles and also threaten substantial Tribal Homeownership Act of 2012 (HEARTH supporting the Federal preemption of interests in effective Tribal government, Act). With this approval, the Tribe is State law in the field of Indian leasing economic self-sufficiency, and territorial authorized to enter into business site and the taxation of lease-related autonomy. See Michigan v. Bay Mills leases without further BIA approval. interests and activities applies with Indian Community, 134 S. Ct. 2024,

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2043 (2014) (Sotomayor, J., concurring) DEPARTMENT OF THE INTERIOR Meridian, Texas County, Oklahoma, being (determining that ‘‘[a] key goal of the more particularly described in TRUE NORTH Federal Government is to render Tribes Bureau of Indian Affairs bearings as follows: more self-sufficient, and better Beginning at the Southwest Corner of the [189A2100DD/AAKC001030/ SW/4 of said Section 11; thence N 00°18′19″ positioned to fund their own sovereign A0A501010.999900 253G] E, a distance of 1,291.19 feet to the functions, rather than relying on Federal intersection between said West line of the funding’’). The additional costs of State Land Acquisitions: The Shawnee Tribe SW/4 and the South line of a tract of land and local taxation have a chilling effect as described and filed in Book 983 at Page AGENCY: Bureau of Indian Affairs, on potential lessees, as well as on a 434 in the Office of the Texas County Clerk; Interior. Tribe that, as a result, might refrain from thence along the South line of said tract as exercising its own sovereign right to ACTION: Notice. filed in Book 983 at Page 434 for the impose a Tribal tax to support its following seven (7) courses: SUMMARY: The Secretary of the Interior 1. Thence S 89°36′25″ E, a distance of infrastructure needs. See id. at 2043–44 made a final agency determination to 41.40 feet; (finding that State and local taxes acquire 102.98 acres, more or less, of 2. Thence N 00°23′35″ E, a distance of 8.74 greatly discourage Tribes from raising land near the City of Guymon, Texas feet; tax revenue from the same sources County, Oklahoma, in trust for the 3. Thence with a curve turning to the Right because the imposition of double Shawnee Tribe for gaming and other with an arc length of 81.63 feet, with a radius taxation would impede Tribal economic purposes on January 19, 2018. of 162.00 feet, with a chord bearing of N growth). 14°49′42″ E, with a chord length of 80.77 feet; FOR FURTHER INFORMATION CONTACT: Ms. 4. Thence N 29°15′47″ E, a distance of Similar to BIA’s surface leasing Paula L. Hart, Director, Office of Indian 211.01 feet; regulations, Tribal regulations under the Gaming, Office of the Assistant 5. Thence with a curve turning to the Left HEARTH Act pervasively cover all Secretary—Indian Affairs, MS–3657, with an arc length of 106.48 feet, with a aspects of leasing. See 25 U.S.C. 1849 C Street NW, Washington, DC radius of 238.00 feet, with a chord bearing of 415(h)(3)(B)(i) (requiring Tribal 20240, telephone (202) 219–4066. N 16°26′47″ E, with a chord length of 105.59 feet; regulations be consistent with BIA SUPPLEMENTARY INFORMATION: This 6. Thence N 24°40′53″ E, a distance of surface leasing regulations). notice is published in the exercise of Furthermore, the Federal government 179.39 feet; authority delegated by the Secretary of 7. Thence N 54°15′23″ E, a distance of remains involved in the Tribal land the Interior to the Assistant Secretary— 1,305.47 feet to a point common with the leasing process by approving the Tribal Indian Affairs by 209 Departmental West line of the NE/4 SW/4; Thence S leasing regulations in the first instance Manual 8.1, and is published to comply 00°21′54″ W, along the West line of the NE/ and providing technical assistance, with the requirements of 25 CFR 4 SW/4, a distance of 1,270.87 feet to the upon request by a Tribe, for the 151.12(c)(2)(ii) that notice of the Southwest Corner thereof; thence S 89°45′32″ development of an environmental decision to acquire land in trust be E, along the South line of the NE/4 SW/4, a review process. The Secretary also promptly provided in the Federal distance of 1,321.40 feet to the Southeast Corner thereof; thence S 00°25′29″ W, along retains authority to take any necessary Register. actions to remedy violations of a lease the East line of the S/2 SW/4, a distance of On January 19, 2018, the Secretary of 1,323.96 feet to the Southeast Corner thereof; or of the Tribal regulations, including the Interior issued a decision to accept thence N 89°44′49″ W, along the South line terminating the lease or rescinding approximately 102.98 acres, more or of the SW/4, a distance of 2,640.03 feet to the approval of the Tribal regulations and less, of land near the City of Guymon, True Point of Beginning, having an area of reassuming lease approval Texas County, Oklahoma, (Site) in trust 102.98 Acres, more or less. Basis of Bearings responsibilities. Moreover, the Secretary for the Shawnee Tribe (Tribe), under the are True North. Said being described by continues to review, approve, and authority of the Indian Reorganization Obert D. Bennett, PLS. No. 1471 on October monitor individual Indian land leases Act, 25 U.S.C. 5108. The Department 6, 2014. Surface Only. and other types of leases not covered previously determined on January 19, Dated: March 12, 2018. under the Tribal regulations according 2017, that the Tribe is eligible to John Tahsuda, to the Part 162 regulations. conduct gaming on the Site pursuant to Principal Deputy Assistant Secretary—Indian Accordingly, the Federal and Tribal Section 20 of the Indian Gaming Affairs Exercising the Authority of the interests weigh heavily in favor of Regulatory Act, 25 U.S.C. 2719(b)(1)(A). Assistant Secretary—Indian Affairs. preemption of State and local taxes on On March 3, 2017, the Governor of the [FR Doc. 2018–06230 Filed 3–27–18; 8:45 am] lease-related activities and interests, State of Oklahoma concurred with the BILLING CODE 4337–15–P regardless of whether the lease is Department’s finding. governed by Tribal leasing regulations The Principal Deputy Assistant or Part 162. Improvements, activities, Secretary—Indian Affairs, on behalf of DEPARTMENT OF THE INTERIOR and leasehold or possessory interests the Secretary of the Interior, will may be subject to taxation by the immediately acquire title to the Guymon Bureau of Indian Affairs Coquille Indian Tribe. Site in the name of the United States of America in trust for the Tribe upon [189A2100DD/AAKC001030/ Dated: November 9, 2017. fulfillment of Departmental A0A501010.999900] John Tahsuda, requirements. The 102.98 acres, more or HEARTH Act Approval of Little Principal Deputy Assistant Secretary—Indian less, are located in Texas County, Traverse Bay Bands of Odawa Indians Affairs, Exercising the Authority of the Oklahoma, and are described as follows: Business, Agricultural, Residential, Assistant Secretary—Indian Affairs. All that part of the Northwest Quarter Wind and Solar Resource, and Wind Editorial Note: This document was (NW/4) of the Southwest Quarter (SW/4) and Energy Evaluation Leases received at The Office of the Federal Register the South Half (S/2) of the Southwest Quarter on March 23, 2018. (SW/4) lying South of the South Right-of- AGENCY: Bureau of Indian Affairs, Way line of U.S. Highway 54 in Section Interior. [FR Doc. 2018–06228 Filed 3–27–18; 8:45 am] Eleven (11), Township Two (2) North, Range ACTION: Notice. BILLING CODE 4337–15–P Fourteen (14) East, Cimarron Base and

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SUMMARY: On December 29, 2017, the may be subject to taxation by the Indian adapt lease terms to suit [their] business Bureau of Indian Affairs (BIA) approved tribe with jurisdiction. See 25 CFR and cultural needs’’ and to ‘‘enable the Little Traverse Bay Bands of Odawa 162.017. As explained further in the [Tribes] to approve leases quickly and Indians, Michigan (Tribe) leasing preamble to the final regulations, the efficiently.’’ Id. at 5–6. regulations under the Helping Expedite Federal government has a strong interest Assessment of State and local taxes and Advance Responsible Tribal in promoting economic development, would obstruct these express Federal Homeownership Act of 2012 (HEARTH self-determination, and tribal policies supporting tribal economic Act). With this approval, the Tribe is sovereignty. 77 FR 72,440, 72,447–48 development and self-determination, authorized to enter into business, (December 5, 2012). The principles and also threaten substantial tribal agricultural, residential, wind and solar supporting the Federal preemption of interests in effective tribal government, resource, and wind energy evaluation State law in the field of Indian leasing economic self-sufficiency, and territorial leases without further BIA approval. and the taxation of lease-related autonomy. See Michigan v. Bay Mills FOR FURTHER INFORMATION CONTACT: Ms. interests and activities applies with Indian Community, 134 S. Ct. 2024, Sharlene Round Face, Bureau of Indian equal force to leases entered into under 2043 (2014) (Sotomayor, J., concurring) Affairs, Division of Real Estate Services, tribal leasing regulations approved by (determining that ‘‘[a] key goal of the 1849 C Street NW, MS–4642–MIB, the Federal government pursuant to the Federal Government is to render Tribes Washington, DC 20240, at (202) 208– HEARTH Act. more self-sufficient, and better 3615. Section 5 of the Indian Reorganization positioned to fund their own sovereign Act, 25 U.S.C. 465, preempts State and functions, rather than relying on Federal SUPPLEMENTARY INFORMATION: local taxation of permanent funding’’). The additional costs of State I. Summary of the HEARTH Act improvements on trust land. and local taxation have a chilling effect Confederated Tribes of the Chehalis The HEARTH Act makes a voluntary, on potential lessees, as well as on a tribe Reservation v. Thurston County, 724 that, as a result, might refrain from alternative land leasing process F.3d 1153, 1157 (9th Cir. 2013) (citing available to tribes, by amending the exercising its own sovereign right to Mescalero Apache Tribe v. Jones, 411 impose a tribal tax to support its Indian Long-Term Leasing Act of 1955, U.S. 145 (1973)). Similarly, section 465 25 U.S.C. 415. The HEARTH Act infrastructure needs. See id. at 2043–44 preempts state taxation of rent payments (finding that State and local taxes authorizes tribes to negotiate and enter by a lessee for leased trust lands, into agricultural and business leases of greatly discourage tribes from raising tax because ‘‘tax on the payment of rent is revenue from the same sources because tribal trust lands with a primary term of indistinguishable from an impermissible 25 years, and up to two renewal terms the imposition of double taxation would tax on the land.’’ See Seminole Tribe of impede tribal economic growth). of 25 years each, without the approval Florida v. Stranburg, No. 14–14524, Similar to BIA’s surface leasing of the Secretary of the Interior *13–*17, n.8 (11th Cir. 2015). In regulations, tribal regulations under the (Secretary). The HEARTH Act also addition, as explained in the preamble HEARTH Act pervasively cover all authorizes tribes to enter into leases for to the revised leasing regulations at 25 residential, recreational, religious or CFR part 162, Federal courts have aspects of leasing. See 25 U.S.C. educational purposes for a primary term applied a balancing test to determine 415(h)(3)(B)(i) (requiring tribal of up to 75 years without the approval whether State and local taxation of non- regulations be consistent with BIA of the Secretary. Participating tribes Indians on the reservation is preempted. surface leasing regulations). develop tribal leasing regulations, White Mountain Apache Tribe v. Furthermore, the Federal government including an environmental review Bracker, 448 U.S. 136, 143 (1980). The remains involved in the tribal land process, and then must obtain the Bracker balancing test, which is leasing process by approving the tribal Secretary’s approval of those regulations conducted against a backdrop of leasing regulations in the first instance prior to entering into leases. The ‘‘traditional notions of Indian self- and providing technical assistance, HEARTH Act requires the Secretary to government,’’ requires a particularized upon request by a tribe, for the approve tribal regulations if the tribal examination of the relevant State, development of an environmental regulations are consistent with the Federal, and tribal interests. We hereby review process. The Secretary also Department of the Interior’s adopt the Bracker analysis from the retains authority to take any necessary (Department) leasing regulations at 25 preamble to the surface leasing actions to remedy violations of a lease CFR part 162 and provide for an regulations, 77 FR at 72,447–48, as or of the tribal regulations, including environmental review process that supplemented by the analysis below. terminating the lease or rescinding meets requirements set forth in the The strong Federal and tribal interests approval of the tribal regulations and HEARTH Act. This notice announces against State and local taxation of reassuming lease approval that the Secretary, through the Assistant improvements, leaseholds, and responsibilities. Moreover, the Secretary Secretary—Indian Affairs, has approved activities on land leased under the continues to review, approve, and the tribal regulations for the Little Department’s leasing regulations apply monitor individual Indian land leases Traverse Bay Bands of Odawa Indians, equally to improvements, leaseholds, and other types of leases not covered Michigan. and activities on land leased pursuant to under the tribal regulations according to tribal leasing regulations approved the Part 162 regulations. II. Federal Preemption of State and under the HEARTH Act. Congress’s Accordingly, the Federal and tribal Local Taxes overarching intent was to ‘‘allow tribes interests weigh heavily in favor of The Department’s regulations to exercise greater control over their preemption of State and local taxes on governing the surface leasing of trust own land, support self-determination, lease-related activities and interests, and restricted Indian lands specify that, and eliminate bureaucratic delays that regardless of whether the lease is subject to applicable Federal law, stand in the way of homeownership and governed by tribal leasing regulations or permanent improvements on leased economic development in tribal Part 162. Improvements, activities, and land, leasehold or possessory interests, communities.’’ 158 Cong. Rec. H. 2682 leasehold or possessory interests may be and activities under the lease are not (May 15, 2012). The HEARTH Act was subject to taxation by the Little Traverse subject to State and local taxation and intended to afford tribes ‘‘flexibility to Bay Bands of Odawa Indians, Michigan.

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Dated: December 29, 2017. throughout the United States regarding ACTION: Notice of proposed official John Tahsuda, Sections 303, 304, and 305 of ITARA, filing. Principal Deputy Assistant Secretary—Indian and held an open period for the Affairs, Exercising the Authority of the submission of written comments. SUMMARY: The plat of survey for the land Assistant Secretary—Indian Affairs. During consultation, the Department described in this notice is scheduled to sought input on six options for the be officially filed 30 calendar days after Editorial Note: This document was the date of this publication in the BLM received at the Office of the Federal Register consolidation of appraisals and on March 23, 2018. valuations and invited Tribes to suggest Montana State Office, Billings, Montana. additional options. The survey, which was executed at the [FR Doc. 2018–06229 Filed 3–27–18; 8:45 am] request of the BLM, is necessary for the BILLING CODE 4337–15–P New Appraisals and Valuation Services management of these lands. Office (AVSO) DATES: A person or party who wishes to The Department conducted an DEPARTMENT OF THE INTERIOR protest this decision must file a notice inventory and analysis of the OAS’s of protest in time for it to be received [18XD0120AF/DT20000000/DST000000/ current functions, and then assessed in the BLM Montana State Office no 241A/T0110100] options for the future of those functions. later than 30 days after the date of this After careful consideration of feedback publication. Tribal Information Sessions from Tribes and individuals, and close ADDRESSES: A copy of the plat may be AGENCY: collaboration with our internal Office of the Special Trustee for obtained from the Public Room at the American Indians (OST), Interior. stakeholders, the Department decided to consolidate OAS and OVS into a single BLM Montana State Office, 5001 ACTION: Announcement of Tribal Southgate Drive, Billings, Montana information sessions. office: the Appraisals and Valuation Services Office (AVSO), to be located in 59101, upon required payment. The plat SUMMARY: This notice announces two the existing Office of Policy, may be viewed at this location at no telephonic Tribal information sessions Management and Budget. On March 19, cost. pertaining to the consolidation of OST’s 2018, Secretary Zinke signed Secretarial FOR FURTHER INFORMATION CONTACT: Josh Office of Appraisal Services and the Order No. 3363 consolidating appraisal Alexander, BLM Chief Cadastral Office of Valuation Services into a new and evaluation functions for trust Surveyor for Montana; telephone: (406) Appraisal and Valuation Services property into the AVSO. The 896–5123; email: [email protected]. Office, located within the existing Office efficiencies garnered from Persons who use a telecommunications of Policy, Management and Budget. administration by a single entity will device for the deaf (TDD) may call the DATES: Consultation sessions will be enhance the Department’s ability to Federal Relay Service (FRS) at (800) held by phone on Tuesday, April 24, improve the delivery of appraisal and 877–8339 to contact the above from 1:00 p.m. to 2:30 p.m. EST, and minerals evaluation services to our individual during normal business Wednesday, April 25, 2018, from 9:00 clients. hours. The FRS is available 24 hours a a.m. to 10:30 a.m. EST. See the The Department is hosting two day, 7 days a week, to leave a message SUPPLEMENTARY INFORMATION section information sessions for Tribes on this or question with the above individual. below for the call-in numbers and action to consolidate the OAS and OVS You will receive a reply during normal participant codes. into a new AVSO. business hours. ADDRESSES: This information is also Tribal Information Sessions Call-In SUPPLEMENTARY INFORMATION: The lands posted at www.doi.gov/OST/ITARA. Information surveyed are: FOR FURTHER INFORMATION CONTACT: Mr. The toll-free call-in number for the Principal Meridian, Montana Eldred Lesansee, AVSO Associate sessions are as follows: Deputy Director at AVSO_Info@ • T. 1 N., R. 14 W. April 24, 2018: (877) 918–1345, Sec. 26. ios.doi.gov or (505) 816–1602. participant code 8512946. SUPPLEMENTARY INFORMATION: • April 25, 2018: (877) 918–1345, A person or party who wishes to participant code 8512946. protest an official filing of a plat of Background Authority: E.O. 13175, 65 FR 67250, and survey identified above must file a In June 2016, Congress passed the Section 2 of the Reorganization Plan No. 3 of written notice of protest with the BLM Indian Trust Asset Reform Act (ITARA), 1950 (64 Stat. 1262). Chief Cadastral Surveyor for Montana at Public Law 114–178. Title III, Section the address listed in the ADDRESSES 305(a) of ITARA requires that appraisals Jerold Gidner, section of this notice. The notice of and valuations of Indian trust property Principal Deputy Special Trustee for protest must identify the plat(s) of be administered by a single bureau, American Indians. survey that the person or party wishes agency, or other administrative entity [FR Doc. 2018–06183 Filed 3–27–18; 8:45 am] to protest. The notice of protest must be within the Department by December 22, BILLING CODE 4334–63–P received in the BLM Montana State 2017. Currently, the Office of Appraisal Office no later than the scheduled date Services (OAS), within the Office of the of the proposed official filing for the DEPARTMENT OF THE INTERIOR Special Trustee for American Indians plat(s) of survey being protested; if (OST), conducts appraisals of Indian Bureau of Land Management received after regular business hours, a trust property, while the Office of notice of protest will be considered filed Valuation Services (OVS) conducts [LLMT926000–18X–L14400000.BJ0000; the next business day. A written appraisals of non-Indian trust property, MO#4500118801] statement of reasons in support of the as well as mineral evaluations for Indian Notice of Proposed Filing of Plats of protest, if not filed with the notice of and non-Indian property. Survey: Montana protest, must be filed with the BLM In 2016, the Department held ten Chief Cadastral Surveyor for Montana consultation sessions and a listening AGENCY: Bureau of Land Management, within 30 calendar days after the notice session with Tribes in various locations Interior. of protest is received.

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If a notice of protest of the plat(s) of Reclamation and Enforcement (OSMRE) (4) how might OSMRE minimize the survey is received prior to the are proposing to renew an information burden of this collection on the scheduled date of official filing or collection used by the regulatory respondents, including through the use during the 10 calendar day grace period authority to determine if surface coal of information technology. provided in 43 CFR 4.401(a) and the mine applicants can comply with the Comments that you submit in delay in filing is waived, the official applicable performance and response to this notice are a matter of filing of the plat(s) of survey identified environmental standards required by public record. Before including your in the notice of protest will be stayed the law. address, phone number, email address, pending consideration of the protest. A DATES: Interested persons are invited to or other personal identifying plat of survey will not be officially filed submit comments on or before April 27, information in your comment, you until the next business day after all 2018. should be aware that your entire timely protests have been dismissed or ADDRESSES: Send written comments on comment—including your personal otherwise resolved. this information collection request (ICR) identifying information—may be made If a notice of protest is received after to the Office of Management and publicly available at any time. While the scheduled date of official filing and Budget’s Desk Officer for the you can ask us in your comment to the 10 calendar day grace period Department of the Interior by email at withhold your personal identifying provided in 43 CFR 4.401(a), the notice [email protected]; or via information from public review, we of protest will be untimely, may not be facsimile to (202) 395–5806. Please cannot guarantee that we will be able to considered, and may be dismissed. provide a copy of your comments to do so. Before including your address, phone John Trelease, Office of Surface Mining Title: 30 CFR part 780—Surface number, email address, or other Reclamation and Enforcement, 1849 C. Mining Permit Applications—Minimum personal identifying information in a Street NW, Mail Stop 4559, Washington, Requirements for Reclamation and notice of protest or statement of reasons, DC 20240; or by email to jtrelease@ Operation Plan. you should be aware that the documents osmre.gov. Please reference OMB OMB Control Number: 1029–0036. you submit—including your personal Control Number 1029–0039 in the Abstract: Sections 507(b), 508(a), identifying information—may be made subject line of your comments. 510(b), 515(b) and (d), and 522 of 30 publicly available in their entirety at FOR FURTHER INFORMATION CONTACT: To U.S.C. 1201 et. seq. require applicants to any time. While you can ask us to request additional information about submit operation and reclamation plans withhold your personal identifying this ICR, contact John Trelease by email for coal mining activities. This information from public review, we at [email protected], or by telephone information collection is needed to cannot guarantee that we will be able to at (202) 208–2783. You may also view determine whether the plans will do so. the ICR at http://www.reginfo.gov/ achieve the reclamation and Authority: 43 U.S.C. Chapter 3. public/do/PRAMain. environmental protections pursuant to SUPPLEMENTARY INFORMATION: In the Surface Mining Control and Joshua F. Alexander, accordance with the Paperwork Reclamation Act. Without this Chief Cadastral Surveyor for Montana. Reduction Act of 1995, we provide the information, Federal and State [FR Doc. 2018–06274 Filed 3–27–18; 8:45 am] general public and other Federal regulatory authorities cannot review and BILLING CODE 4310–DN–P agencies with an opportunity to approve permit application requests. comment on new, proposed, revised, Form Number: None. and continuing collections of DEPARTMENT OF THE INTERIOR Type of Review: Extension of a information. This helps us assess the currently approved collection. Office of Surface Mining Reclamation impact of our information collection Respondents/Affected Public: and Enforcement requirements and minimize the public’s Applicants for surface coal mine reporting burden. It also helps the permits, and State regulatory [S1D1S SS08011000 SX064A000 public understand our information authorities. 189S180110; S2D2S SS08011000 collection requirements and provides SX064A000 18XS501520; OMB Control Total Estimated Number of Annual the requested data in the desired format. Respondents: 133 surface coal mining Number 1029–0036] A Federal Register notice with a 60- permit applicants and 24 State day public comment period soliciting Agency Information Collection regulatory authorities. comments on this collection of Activities: Submission to the Office of Total Estimated Number of Annual Management and Budget for Review information was published on November 20, 2017 (82 FR 55114). No Responses: 4,101. and Approval; Surface Mining Permit Estimated Completion Time per Applications—Minimum Requirements comments were received. We are again soliciting comments on Response: Varies from 2 hours to 160 for Reclamation and Operation Plan the proposed ICR that is described hours, depending on type of respondent and information requested. AGENCY: Office of Surface Mining below. We are especially interested in Reclamation and Enforcement, Interior. public comment addressing the Total Estimated Number of Annual Burden Hours: 117,731 hours. ACTION: Notice of information collection; following issues: (1) Is the collection request for comment. necessary to the proper functions of Respondent’s Obligation: Required to OSMRE; (2) is the estimate of burden Obtain or Retain a Benefit. SUMMARY: In accordance with the accurate; (3) how might OSMRE Frequency of Collection: One time. Paperwork Reduction Act of 1995, we, enhance the quality, utility, and clarity Total Estimated Annual Nonhour the Office of Surface Mining of the information to be collected; and Burden Cost: $1,048,503.

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SUMMARY ANNUAL BURDEN TO RESPONDENTS FOR 30 CFR PART 780

Number of Burden Hours Section Number of state Hours per Hours per hours currently Difference applicants responses applicant state requested approved

780.11 ...... 133 132 8 7 1,988 806 1,182 780.12 ...... 133 132 16 2 2,392 953 1,439 780.13 ...... 133 132 80 6.5 11,498 6,661 4,837 780.14 ...... 133 132 80 32 14,864 5,638 9,226 780.16 ...... 133 132 30 11 5,442 2,996 2,446 780.18 ...... 133 132 8 5 1,724 1,156 568 780.21 ...... 133 132 160 21.5 24,118 1,376 22,742 780.22 ...... 133 132 120 18.5 18,402 3,468 14,934 780.23 ...... 133 132 40 9 6,508 5,495 1,013 780.25 ...... 133 132 40 10 6,640 1,152 5,488 780.27 ...... 27 27 16 2.5 500 345 155 780.29 ...... 133 132 16 5 2,788 2,426 362 780.31 ...... 133 132 8 5 1,724 1,612 112 780.33 ...... 133 132 16 4 2,656 1,734 922 780.35 ...... 36 36 27 12 1,404 10,359 ¥8,955 780.37 ...... 133 132 23 7 3,983 4,620 ¥637 780.38 ...... 133 132 77.5 6 11,100 3,470 7,630

Total ...... 765.5 164 117,731 54,267 63,464

An agency may not conduct or FOR FURTHER INFORMATION CONTACT: America, Inc. of Ridgefield Park, New sponsor and a person is not required to Amanda Fisherow, Esq., Office of the Jersey (collectively, ‘‘Samsung’’). The respond to a collection of information General Counsel, U.S. International Office of Unfair Import Investigations unless it displays a currently valid OMB Trade Commission, 500 E Street SW, (‘‘OUII’’) is also a party in this control number. Washington, DC 20436, telephone (202) investigation. Samsung was previously The authority for this action is the 205–2737. Copies of non-confidential terminated from the investigation. Order Paperwork Reduction Act of 1995 (44 documents filed in connection with this No. 68; Comm’n Notice (Sept. 13, 2017). U.S.C. 3501 et seq). investigation are or will be available for All asserted claims of the ’607 and ’637 Dated: March 23, 2018. inspection during official business patents were also previously terminated John A. Trelease, hours (8:45 a.m. to 5:15 p.m.) in the from the investigation. Order No. 37; Office of the Secretary, U.S. Comm’n Notice (June 30, 2018); Order Acting Chief, Division of Regulatory Support. International Trade Commission, 500 E No. 31; Comm’n Notice (May 25, 2017). [FR Doc. 2018–06214 Filed 3–27–18; 8:45 am] Street SW, Washington, DC 20436, On October 26, 2017, the ALJ issued BILLING CODE 4310–05–P telephone (202) 205–2000. General her final ID finding no violation of information concerning the Commission section 337 by Apple with respect to the may also be obtained by accessing its ’345 patent. Specifically, the final ID INTERNATIONAL TRADE internet server at http://www.usitc.gov. found that Andrea does not have COMMISSION The public record for this investigation standing to assert the ’345 patent, the may be viewed on the Commission’s accused products do not infringe the [Investigation No. 337–TA–1026] electronic docket (EDIS) at http:// ’345 patent, and Andrea has not met the edis.usitc.gov. Hearing-impaired domestic industry requirements. In the Matter of Certain Audio persons are advised that information on On November 8, 2017, Andrea and Processing Hardware, Software, and this matter can be obtained by OUII each filed timely petitions for Products Containing the Same; Notice contacting the Commission’s TDD review of the final ID. That same day, of Commission’s Determination terminal on (202) 205–1810. Apple filed a contingent petition for Finding No Violation of Section 337; SUPPLEMENTARY INFORMATION: review of the final ID. On November 16, Termination of the Investigation The Commission instituted this investigation 2017, the parties each filed a timely AGENCY: U.S. International Trade on October 25, 2016, based on a response to the petitions for review. On Commission. complaint filed by Andrea Electronics November 27, 2017, the private parties filed their public interest comments ACTION: Notice. Corp. of Bohemia, New York (‘‘Andrea’’). 81 FR 73418 (Oct. 25, pursuant to Commission Rule 210.50. SUMMARY: Notice is hereby given that 2016). The complaint alleges violations No public interest comments were the U.S. International Trade of section 337 by reason of infringement received from the public. Commission reverses in-part and affirms of certain claims of U.S. Patent No. On January 11, 2018, the Commission in-part, with additional reasoning, the 6,049,607 (‘‘the ’607 patent’’), U.S. determined to review the final ID in- final initial determination (‘‘ID’’) issued Patent No. 6,363,345 (‘‘the ’345 patent’’), part. 83 FR 2670–71 (Jan. 18, 2018). by the presiding administrative law and U.S. Patent No. 6,377,637 (‘‘the ’637 Specifically, the Commission judge (‘‘ALJ’’) on October 26, 2017. The patent’’). The Commission’s notice of determined to review the ID’s findings Commission also takes no position on investigation named the following on (1) standing, (2) infringement, (3) various issues. The Commission finds respondents: Apple Inc. of Cupertino, invalidity, (4) inequitable conduct, and no violation of section 337 of the Tariff California (‘‘Apple’’); and Samsung (5) domestic industry. On January 25, Act of 1930, as amended, has occurred, Electronics Co., Ltd. of Gyeonggi-do, 2018, Andrea, Apple, and OUII each and terminates the investigation. Korea, and Samsung Electronics filed a response to the Commission’s

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notice of review. On February 1, 2018, International Trade Commission, 500 E express or implied, between Honeywell the parties each filed respective replies. Street SW, Washington, DC 20436, and Code regarding the subject matter of Having considered the record in this telephone (202) 205–2000. General this proceeding.’ ’’ See ID at 1 (citing investigation and the parties’ information concerning the Commission Motion at 2). In addition, the ID ‘‘does submissions, the Commission finds that may also be obtained by accessing its not find any evidence’’ indicating that no violation of section 337 has occurred. internet server at https://www.usitc.gov. terminating the investigation would be The Commission (1) reverses the ID’s The public record for this investigation ‘‘contrary’’ to the public interest. See ID finding on standing and finds that may be viewed on the Commission’s at 2 (citing Motion at 2; 19 CFR Andrea has standing to assert the ’345 electronic docket (EDIS) at https:// 210.50(b)(2)). No petition for review of patent; (2) affirms, with additional edis.usitc.gov. Hearing-impaired the ID was filed. reasoning, the ID’s finding of no persons are advised that information on The Commission has determined not domestic industry; and (3) takes no this matter can be obtained by to review the subject ID. The position on the remaining issues under contacting the Commission’s TDD investigation is terminated. review. terminal on (202) 205–1810. The authority for the Commission’s The authority for the Commission’s SUPPLEMENTARY INFORMATION: The determination is contained in section determination is contained in section Commission instituted this investigation 337 of the Tariff Act of 1930, as 337 of the Tariff Act of 1930, as on June 27, 2017, based on a complaint amended (19 U.S.C. 1337), and in part amended, 19 U.S.C. 1337, and in Part filed by Honeywell International, Inc. of 210 of the Commission’s Rules of 210 of the Commission’s Rules of Morris Plains, New Jersey; Hand Held Practice and Procedure (19 CFR part Practice and Procedure, 19 CFR part Products, Inc. d/b/a Honeywell 210). 210. Scanning & Mobility of Fort Mill, South By order of the Commission. By order of the Commission. Carolina; Metrologic Instruments, Inc. Issued: March 22, 2018. Issued: March 22, 2018. d/b/a Honeywell Scanning & Mobility of Lisa R. Barton, Lisa R. Barton, Fort Mill, South Carolina (collectively, Secretary to the Commission. Secretary to the Commission. ‘‘Complainants’’ or ‘‘Honeywell’’). See [FR Doc. 2018–06142 Filed 3–27–18; 8:45 am] 82 FR 29095–96 (June 27, 2017). The [FR Doc. 2018–06158 Filed 3–27–18; 8:45 am] BILLING CODE 7020–02–P complaint alleges violations of section BILLING CODE 7020–02–P 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), based upon INTERNATIONAL TRADE INTERNATIONAL TRADE the importation into the United States, COMMISSION COMMISSION the sale for importation, and the sale within the United States after [Investigation No. 337–TA–1094] [Investigation No. 337–TA–1061] importation of certain bar code readers, Certain IOT Devices and Components scan engines, products containing the Certain Bar Code Readers, Scan Thereof (IOT, The Internet of Things)— same, and components thereof by reason Engines, Products Containing the Web Applications Displayed on a Web of infringement of certain claims of U.S. Same, and Components Thereof; Browser; Termination of Investigation Patent No. 6,832,725; U.S. Patent No. Commission Decision Not To Review 8,511,572; U.S. Patent No. 7,148,923; AGENCY: an Initial Determination Granting an U.S. International Trade U.S. Patent No. 7,527,206; U.S. Patent Amended Joint Motion To Terminate Commission. No. 8,646,692; and U.S. Patent No. the Investigation Based on a License ACTION: Notice. 9,323,969. See id. The notice of and Settlement Agreement; investigation names The Code SUMMARY: Notice is hereby given that Termination of the Investigation Corporation (‘‘Code’’) of Draper, Utah the U.S. International Trade AGENCY: U.S. International Trade and Cortex Pte Ltd. (‘‘Cortex’’) of Commission has determined to review Commission. Singapore as respondents in this the presiding administrative law judge’s ACTION: Notice. investigation. See id. The Office of (‘‘ALJ’’) initial determination (‘‘ID’’) Unfair Import Investigations is not a (Order No. 10), which terminated the SUMMARY: Notice is hereby given that party to this investigation. See id. investigation for good cause on the basis the U.S. International Trade On December 8, 2017, the ALJ issued of the imminent expiration of the Commission has determined not to an initial determination partially asserted patent. On review, the review an initial determination (‘‘ID’’) terminating the investigation as to Commission has determined to affirm (Order No. 22) of the presiding Cortex as a respondent. See Order No. the termination based upon the actual administrative law judge (‘‘ALJ’’) 12, unreviewed, Comm’n Notice (Jan. 8, expiration of the asserted patent. granting an amended joint motion to 2018). FOR FURTHER INFORMATION CONTACT: terminate the investigation based on a On February 21, 2018, Honeywell and Sidney A. Rosenzweig, Office of the license and settlement agreement. The Code filed an amended joint motion to General Counsel, U.S. International investigation is terminated. terminate the investigation based on a Trade Commission, 500 E Street SW, FOR FURTHER INFORMATION CONTACT: license and settlement agreement Washington, DC 20436, telephone (202) Houda Morad, Office of the General (Motion). On the same day, the ALJ 708–2532. Copies of non-confidential Counsel, U.S. International Trade issued the subject ID (Order No. 22) documents filed in connection with this Commission, 500 E Street SW, granting the Motion and terminating the investigation are or will be available for Washington, DC 20436, telephone (202) investigation. The ID finds that: ‘‘[t]he inspection during official business 708–4716. Copies of non-confidential [Motion] complies with the Commission hours (8:45 a.m. to 5:15 p.m.) in the documents filed in connection with this Rules . . . .’’ See ID at 1. In particular, Office of the Secretary, U.S. investigation are or will be available for the ID notes that ‘‘[p]ursuant to International Trade Commission, 500 E inspection during official business Commission Rule 210.21(b)(1)[, 19 CFR Street SW, Washington, DC 20436, hours (8:45 a.m. to 5:15 p.m.) in the 210.21(b)(1)], the movants state: ‘There telephone (202) 205–2000. General Office of the Secretary, U.S. are no other agreements, written or oral, information concerning the Commission

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may also be obtained by accessing its cause exists for terminating the JUDICIAL CONFERENCE OF THE internet server at https://www.usitc.gov. investigation. The ID finds that given UNITED STATES The public record for this investigation ‘‘the structure of section 337 may be viewed on the Commission’s investigations’’ there was insufficient Meeting of The Judicial Conference; electronic docket (EDIS) at https:// time for the Commission to ‘‘reach a Committee on Rules of Practice and edis.usitc.gov. Hearing-impaired final determination or issue any relief Procedure persons are advised that information on before the March 5, 2018 expiration AGENCY: Judicial Conference of the this matter can be obtained by date’’ of the ’340 patent. Order No. 10 United States, Committee on Rules of contacting the Commission TDD at 6. Practice and Procedure. terminal on (202) 205–1810. On March 5, 2018, the ’340 patent ACTION: Notice of open meeting. SUPPLEMENTARY INFORMATION: The expired. That same day, the Commission instituted this investigation complainants filed a ‘‘Motion for SUMMARY: The Committee on Rules of on January 22, 2018, based upon an Rehearing and Reinstating the Practice and Procedure will hold a amended and supplemented complaint meeting on June 12, 2018. The meeting Investigation’’ (‘‘Compl’ts Submission’’). filed by Lakshmi Arunachalam, Ph.D. will be open to public observation but The Commission determined to treat and WebXchange, Inc., both of Menlo not participation. An agenda and Park, California. 83 FR 3021 (Jan. 22, that submission as a petition for supporting materials will be posted at 2018). The complaint alleged violations Commission review of the ID under 19 least 7 days in advance of the meeting of section 337 of the Tariff Act of 1930, CFR 210.43. The petition seeks an at: http://www.uscourts.gov/rules- as amended (19 U.S.C. 1337), by a advisory ruling on certain issues. policies/records-and-archives-rules- number of proposed respondents in the Compl’ts Submission 6. committees/agenda-books. importation into the United States, the On March 12, 2018, the respondents DATES: June 12, 2018. sale for importation, or the sale within and OUII filed responses in opposition Time: 8:30 a.m. to 5:00 p.m. the United States after importation of to the complainants’ submission. The ADDRESSES: Thurgood Marshall Federal certain IOT devices and components responses explain, inter alia, that the Judiciary Building, Mecham Conference thereof (IOT, the Internet of Things)— complainants’ submission does not Center, Administrative Office of the web applications displayed on a web provide an adequate basis for United States Courts, One Columbus browser by reason of infringement of Commission review under Commission Circle NE, Washington, DC 20544. certain claims of U.S. Patent No. Rule 210.43(b)(1), 19 CFR 210.43(b)(1). FOR FURTHER INFORMATION CONTACT: 7,930,340 (‘‘the ’340 patent’’), as well as Resp’ts Resp. 3; OUII Resp. 1, 3. unfair methods of competition and Rebecca A. Womeldorf, Rules unfair acts (criminal and civil RICO Having considered the record of the Committee Secretary, Rules Committee violations, breach of contract, theft of investigation, including the parties’ Staff, Administrative Office of the intellectual property, antitrust submissions to the Commission, the United States Courts, Washington, DC violations, and trade secret Commission decides as follows. The 20544, telephone (202) 502–1820. misappropriation), the threat or effect of Commission ‘‘can issue only an Dated: March 22, 2018. which is to destroy or substantially exclusion order barring future Rebecca A. Womeldorf, injure an industry in the United States. importation or a cease and desist order Rules Committee Secretary. 83 FR at 3021. The Commission barring future conduct,’’ neither of [FR Doc. 2018–06157 Filed 3–27–18; 8:45 am] determined to institute the investigation which can issue as to an expired patent. BILLING CODE 2210–55–P only as to infringement of the ’340 Texas Instruments Inc. v. U.S. Int’l patent, and named as respondents Trade Comm’n, 851 F.2d 342, 344 (Fed. Apple Inc. of Cupertino, California; Cir. 1988). Because the’340 patent has DEPARTMENT OF JUSTICE Facebook, Inc. of Menlo Park, now actually expired, the ID’s good California; Samsung Electronics cause (the imminent expiration of the [CPCLO Order No. 004–2018] America, Inc. of Ridgefield Park, New patent) is now moot. Accordingly, the Privacy Act of 1974; Systems of Jersey; and Samsung Electronics Co., Commission has determined to review Records Ltd. of Seoul, South Korea. Id. at 3022. the ID, and, on review, to affirm the The Office of Unfair Import termination based upon the actual AGENCY: National Institute of Justice, Investigations (‘‘OUII’’) was also named expiration of the ’340 patent. The Office of Justice Programs, United States as a party. Id. Commission declines the complainants’ Department of Justice. On January 29, 2018, the respondents invitation to issue advisory rulings, and ACTION: Notice of a new system of moved to terminate the investigation terminates the investigation. records. based upon the then-imminent expiration of the ’340 patent. The The authority for the Commission’s SUMMARY: Pursuant to the Privacy Act of complainants responded in opposition determination is contained in section 1974 and Office of Management and to the motion. The ALJ denied the 337 of the Tariff Act of 1930, as Budget (OMB) Circular No. A–108, motion for failure to comply with amended (19 U.S.C. 1337), and in part notice is hereby given that the Office of Commission rules. Order No. 8 at 2 & 210 of the Commission’s Rules of Justice Programs (hereinafter OJP), a n.1 (Feb. 20, 2018). On February 21, Practice and Procedure (19 CFR part component within the United States 2018, the respondents filed a renewed 210). Department of Justice (DOJ or motion to terminate, which corrected By order of the Commission. Department), proposes to develop a new the omission in their previous motion. Issued: March 23, 2018. system of records titled National The complainants renewed their Missing and Unidentified Persons opposition to the motion. OUII Katherine M. Hiner, System, JUSTICE/OJP—015. The OJP supported the motion. Supervisory Attorney. proposes to establish this system of On February 27, 2018, the ALJ granted [FR Doc. 2018–06220 Filed 3–27–18; 8:45 am] records to improve the quantity and the motion as an ID, finding that good BILLING CODE 7020–02–P quality of—and appropriate access to—

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data on missing persons, unidentified Investigative and Forensic Sciences, 810 RECORD SOURCE CATEGORIES: decedents, and unclaimed decedents, in 7th Street NW, Washington, DC 20531 Professional users and members of the a centralized repository. public provide information for the DATES: In accordance with 5 U.S.C. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: system: 552a(e)(4) and (11), this notice is Title I of the Omnibus Crime Control • Professional Users: Law applicable upon publication, subject to and Safe Streets Act of 1968 (sections Enforcement, Medical Examiners/ a 30-day period in which to comment 201 and 202); Homeland Security Act of Forensic Pathologists, Coroners, on the routine uses, described below. 2002 (section 232); and 28 U.S.C. 530C. Medicolegal Investigators, DNA Please submit any comments by April Specialists, Fingerprint Examiners, 27, 2018. PURPOSE(S) OF THE SYSTEM: Forensic Odontologists, Forensic ADDRESSES: The public, OMB, and Anthropologists, Regional System Congress are invited to submit any The National Missing and Administrators (OJP grantees), NamUs comments to the United States Unidentified Persons System (NamUs) Staff (i.e. staff that do not have the Department of Justice, Office of Privacy houses records and information ability to grant access to other users or and Civil Liberties, ATTN: Privacy regarding cases of missing persons, have final approval over edits or Analyst, National Place Building, 1331 unidentified decedents, and unclaimed changes), and National Center for Pennsylvania Avenue NW, Suite 1000, decedents, and makes appropriate Missing and Exploited Children Washington, DC 20530, or by facsimile information available to the general (NCMEC) Liaisons. at 202–307–0693, or email at public and law enforcement • Public Users: members of public [email protected]. To professionals to help solve such cases. including family members of missing ensure proper handling, please persons, victim advocates, media reference the above CPCLO Order No. CATEGORIES OF INDIVIDUALS COVERED BY THE representatives, and other members of on your correspondence. SYSTEM: the public who have registered as users FOR FURTHER INFORMATION CONTACT: Missing persons and registered users in the NamUs application. Charles Heurich, Senior Physical of the system, including registered law ROUTINE USES OF RECORDS MAINTAINED IN THE Scientist, National Institute of Justice, enforcement personnel, coroners, SYSTEM, INCLUDING CATEGORIES OF USERS AND Office of Justice Programs, 810 7th medical examiners, and members of the THE PURPOSES OF SUCH USES: Street NW, Washington, DC 20531, public, and although not covered by the [email protected], 202–616– Privacy Act, unidentified decedents and In addition to those disclosures generally permitted under 5 U.S.C. 9264. unclaimed decedents (named but no 552a(b), all or a portion of the records next of kin). SUPPLEMENTARY INFORMATION: The or information contained in this system National Institute of Justice’s National CATEGORIES OF RECORDS IN THE SYSTEM: of records may be disclosed as a routine Missing and Unidentified Persons use pursuant to 5 U.S.C. 552a(b)(3) System (NamUs) houses records and Missing person case information, under the circumstances or for the information in a centralized system unidentified decedent case information, purposes described below, to the extent regarding cases of missing persons, unclaimed decedent case information, such disclosures are compatible with unidentified persons (decedents), and and administrative data for registered the purposes for which the information unclaimed persons (decedents), and users. Case information that is available was collected: makes certain information available, to the general public may include, but 1. To any criminal, civil, or regulatory based on access privileges, to the is not limited to, case numbers, name, law enforcement or medicolegal general public, law enforcement demographic information (such as age, authority (whether federal, state, local, professionals, coroners, and medical gender, race/ethnicity, height, and territorial, tribal, foreign, or examiners to help solve such cases. In weight), last known location, date of last international), where the information is accordance with 5 U.S.C. 552a(r), the contact, physical description, clothing relevant to the recipient entity’s law Department has provided a report to and accessories, vehicle and enforcement or medicolegal OMB and Congress on this new system transportation information, investigating responsibilities. of records. agency information, and photographs. 2. To a governmental entity lawfully Dated: March 16, 2018. Professional users have access to engaged in collecting law enforcement, Katherine M. Harman-Stokes, additional case information that may law enforcement intelligence, Deputy Director, Office of Privacy and Civil include, but is not limited to, date of medicolegal, or national security Liberties, United States Department of Justice. birth, place of birth, Social Security intelligence information for such number (SSN) (for missing persons purposes when determined to be SYSTEM NAME AND NUMBER cases only), DNA availability relevant by the DOJ. National Missing and Unidentified (specifically whether a DNA sample 3. Where a record, either alone or in Persons System (NamUs), JUSTICE/ exists and was submitted to a conjunction with other information, OJP—015 laboratory, and if so, which laboratory indicates a violation or potential and whether the lab results are violation of law—criminal, civil, or SECURITY CLASSIFICATION: available—neither DNA profiles nor regulatory in nature—the relevant Unclassified DNA testing results are housed within records may be referred to the SYSTEM LOCATION: the NamUs system), fingerprint records, appropriate federal, state, local, Office of Justice Programs, 810 7th dental records, and family contact territorial, tribal, or foreign law Street NW, Washington, DC 20531 information. Administrative data for enforcement authority or other registered users includes, but is not appropriate entity charged with the SYSTEM MANAGER(S): limited to, name, address, email responsibility for investigating or Point of Contact: Charles Heurich, address, telephone number, work title prosecuting such violation or charged [email protected], National (for professional users only) and agency with enforcing or implementing such Institute of Justice, Office of name (for professional users only). law.

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4. In an appropriate proceeding before former employee regarding a matter including but not limited to, an a court, grand jury, or administrative or within that person’s former area of individual’s name, case number, adjudicative body, when the responsibility. physical description, and other unique Department of Justice determines that 11. To federal, state, local, territorial, case information metadata, such as the records are arguably relevant to the tribal, foreign, or international licensing scars, marks, and tattoos. proceeding; or in an appropriate agencies or associations which require proceeding before an administrative or information concerning the suitability POLICIES AND PRACTICES FOR RETENTION AND adjudicative body when the adjudicator or eligibility of an individual for a DISPOSAL OF RECORDS: determines the records to be relevant to license or permit. The records will be maintained in a the proceeding. 12. To a Member of Congress or staff secure manner within the NamUs 5. To an actual or potential party to acting upon the Member’s behalf when information technology system until litigation or the party’s authorized the Member or staff requests the disposition. The retention period for the representative for the purpose of information on behalf of, and at the NamUs system is pending; until the negotiation or discussion of such request of, the individual who is the National Archives and Records matters as settlement, plea bargaining, subject of the record. Administration approves the retention or informal discovery proceedings. 13. To the National Archives and and disposal schedule, records will be 6. To the news media and members of Records Administration for purposes of treated as permanent. the general public, unless it is records management inspections determined that release of the specific conducted under the authority of 44 ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS: information in the context of a U.S.C. 2904 and 2906. particular case would constitute an 14. To appropriate agencies, entities, Internet connections are protected by unwarranted invasion of personal and persons when (1) the Department multiple firewalls. Information privacy. suspects or has confirmed that there has technology security personnel conduct 7. To contractors, grantees, experts, been a breach of the system of records; periodic vulnerability scans using DOJ- consultants, students, and others (2) the Department has determined that approved software to ensure security performing or working on a contract, as a result of the suspected or confirmed compliance and security logs are service, grant, cooperative agreement, or breach there is a risk of harm to enabled for all DOJ computers that other assignment for the federal individuals, the Department (including access the system to assist in government, when necessary to its information systems, programs, and troubleshooting and forensic analysis accomplish an agency function related operations), the Federal Government, or during incident investigations. For to this system of records. national security; and (3) the disclosure access to sensitive information that is 8. To designated officers and made to such agencies, entities, and not published for public access, users of employees of federal, state, local, persons is reasonably necessary to assist the system can only gain access to the territorial, or tribal law enforcement or in connection with the Department data based on their access privileges and detention agencies in connection with efforts to respond to the suspected or by a valid user identification and the hiring or continued employment of confirmed breach or to prevent, password. Access to the data in the an employee or contractor, where the minimize, or remedy such harm. system is further limited by the user’s employee or contractor would occupy or 15. To another Federal agency or assigned role within the system. All occupies a position of public trust as a Federal entity, when the Department communications between users and the law enforcement officer or detention determines that information from this system are protected by secure officer having direct contact with the system of records is reasonably communication protocol that provides public or with prisoners or detainees, to necessary to assist the recipient agency confidentiality and integrity of the the extent that the information is or entity in (1) responding to a transmitted data. The system leverages relevant and necessary to the recipient suspected or confirmed breach or (2) Federal Risk and Authorization agency’s decision. preventing, minimizing, or remedying Management Program (FedRAMP) 9. To appropriate officials and the risk of harm to individuals, the compliant cloud service infrastructure employees of a federal agency or entity recipient agency or entity (including its with security controls including that requires information relevant to a information systems, programs, and physical safeguards appropriate for a decision concerning the hiring, operations), the Federal Government, or system categorized as ‘‘moderate’’ under appointment, or retention of an national security, resulting from a applicable Federal Information Security employee; the assignment, detail, or suspected or confirmed breach. Modernization Act of 2014 (FISMA)- deployment of an employee; the 16. To any agency, organization, or related information technology issuance, renewal, suspension, or individual for the purposes of standards. revocation of a security clearance; the performing authorized audit and execution of a security or suitability oversight operations of the DOJ and RECORD ACCESS PROCEDURES: investigation; the letting of a contract, or meeting related reporting requirements. All requests for access to records must the issuance of a grant or benefit. 17. To such recipients and under such be in writing and should be addressed 10. To former employees of the circumstances and procedures as are to the Government Information Department for purposes of: Responding mandated by federal statute or treaty. Specialist, Office of Justice Programs, to an official inquiry by a federal, state, Department of Justice, Room 5400, 810 POLICIES AND PRACTICES FOR STORAGE OF local, tribal or territorial government RECORDS: 7th Street NW, Washington, DC 20531 entity or professional licensing or [email protected]. The envelope Records in this system are stored in authority, in accordance with applicable and letter should be clearly marked electronic form for use in a computer Department regulations; or facilitating ‘‘Privacy Act Access Request.’’ The environment. communications with former employees request must describe the records that may be necessary for personnel- POLICIES AND PRACTICES FOR RETRIEVAL OF sought in sufficient detail to enable related or other official purposes where RECORDS: Department personnel to locate them the Department requires information Information in this system may be with a reasonable amount of effort. The and/or consultation assistance from the retrieved by personal identifier, request must include a general

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description of the records sought and ACTION: Notice of a new system of maintain; the ability to monitor and must include the requester’s full name, records. analyze data for patterns and current address, and date and place of correlations that signal wasteful, birth. The request must be signed and SUMMARY: Pursuant to the Privacy Act of fraudulent, or abusive activities either notarized or submitted under 1974 and Office of Management and impacting Department performance and penalty of perjury. Budget (OMB) Circular No. A–108, operations; the ability to find, acquire, Although no specific form is required, notice is hereby given that the Office of extract, manipulate, analyze, connect, you may obtain forms for this purpose Inspector General (OIG), a component and visualize data; the capability to from the FOIA/Privacy Act Mail Referral within the United States Department of manage vast amounts of data; the ability Unit, United States Department of Justice (DOJ or Department), is to identify significant information that Justice, 950 Pennsylvania Avenue NW, publishing a new system of records can improve decision quality; and the Washington, DC 20530, or on the notice titled ‘‘Data Analytics Program ability to mitigate risk of waste, fraud, Department of Justice website at http:// Records System,’’ JUSTICE/OIG–006. and abuse. The DA program will also www.justice.gov/oip/oip-request.html. OIG proposes to establish this system of allow the OIG to obtain technology to More information regarding the records to assist with the performance of develop risk indicators that can analyze Department’s procedures for accessing audits, investigations, and reviews, and large volumes of data and help focus records in accordance with the Privacy to accommodate the requirements of the OIG’s efforts to combat waste, fraud, and Act can be found at 28 CFR part 16 Digital Accountability and abuse. OIG intends to use statistical and Subpart D, ‘‘Protection of Privacy and Transparency Act of 2014 (DATA Act). mathematical techniques to identify Access to Individual Records Under the DATES: In accordance with 5 U.S.C. areas to conduct audits and identify Privacy Act of 1974.’’ 552a(e)(4) and (11), this notice is activities that may indicate whether an applicable upon publication, subject to CONTESTING RECORD PROCEDURES: investigation is warranted. The a 30-day period in which to comment information maintained within this Individuals seeking to contest or on the routine uses, described below. system of records will be limited to only amend records maintained in this Therefore, please submit any comments information that OIG has legal system of records must direct their by April 27, 2018. authorization to collect and maintain as requests to the address indicated in the ADDRESSES: The public, OMB, and part of its responsibility to conduct, RECORD ACCESS PROCEDURES Congress are invited to submit any supervise, and coordinate audits and section, above. All requests to contest or comments by mail to the United States investigations of Department programs amend records must be in writing and Department of Justice, Office of Privacy and operations to recognize and mitigate the envelope and letter should be and Civil Liberties, ATTN: Privacy fraud, waste, and abuse. clearly marked ‘‘Privacy Act Analyst, National Place Building, 1331 Pursuant to 5 U.S.C. 552a(b)(12), Amendment Request.’’ All requests Pennsylvania Avenue NW, Suite 1000, records maintained in this system of must state clearly and concisely what Washington, DC 20530; by facsimile at records may be disclosed to a consumer record is being contested, the reasons 202–307–0693; or by email at reporting agency without the prior for contesting it, and the proposed [email protected]. To written consent of the individual to amendment to the record. More information regarding the ensure proper handling, please whom the record pertains. Such Department’s procedures for amending reference the above CPCLO Order No. disclosure will only be made in or contesting records in accordance with on your correspondence. accordance 31 U.S.C. 3711(e). In the Privacy Act can be found at 28 CFR FOR FURTHER INFORMATION CONTACT: accordance with 5 U.S.C. 552a(r), the 16.46, ‘‘Requests for Amendment or William Blier, General Counsel, Office Department has provided a report to Correction of Records.’’ of the General Counsel, Office of the OMB and Congress on this new system Inspector General, Department of of records. NOTIFICATION PROCEDURES: Justice, 950 Pennsylvania Avenue NW, Dated: March 15, 2018. Individuals may be notified if a record Washington, DC 20530, (202) 514–3435. Katherine Harman-Stokes, in this system of records pertains to SUPPLEMENTARY INFORMATION: Under the Deputy Director, Office of Privacy and Civil them when the individuals request Inspector General Act of 1978, as Liberties, United States Department of Justice. information utilizing the same amended, Inspectors General, including procedures as those identified in the the DOJ Inspector General, are JUSTICE/OIG–006 RECORD ACCESS PROCEDURES responsible for conducting, supervising, SYSTEM NAME AND NUMBER: section, above. and coordinating audits and Data Analytics Program Records investigations relating to programs and EXEMPTIONS PROMULGATED FOR THE SYSTEM: System, JUSTICE/OIG–006. None. operations of the Federal agency for which their office is established to SECURITY CLASSIFICATION: HISTORY: recognize and mitigate fraud, waste, and Classified and Controlled Unclassified None. abuse. This system of records facilitates Information. [FR Doc. 2018–05971 Filed 3–27–18; 8:45 am] OIG’s performance of its statutory SYSTEM LOCATION: BILLING CODE 4410–18–P responsibility by implementing a data analytics (DA) program to assist with Access to these electronic records the performance of OIG audits, includes all Department locations that DEPARTMENT OF JUSTICE investigations, and reviews, and the Department’s Office of Inspector accommodate the requirements of the General (OIG) operates or that support [CPCLO Order No. 002–2018] DATA Act, Public Law 113–101, 128 OIG operations, including but not Privacy Act of 1974; Systems of Stat. 1146. limited to, 1425 New York Avenue, Records The DA program will provide OIG: Washington, DC 20005. Some or all Timely insights from the data already system information may also be AGENCY: Office of Inspector General, stored in DOJ databases that OIG has duplicated at other locations where the United States Department of Justice. legal authorization to access and Department has granted direct access to

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support OIG operations, system backup, investigations conducted by the OIG, I. Single Audit results (for example, emergency preparedness, and/or including current and former employees results of a financial or compliance continuity of operations. To determine of the DOJ; current and former audit of recipients of Federal funds) and the location of particular Data Analytics consultants, contractors, and related Federal award information. Program Records System records, subcontractors with whom the J. BOP medical claim adjudication contact the system manager, whose Department and other federal agencies data. contact information is listed in the have contracted and their employees; K. Department employee worker’s ‘‘SYSTEM MANAGER(S)’’ paragraph, grantees to whom the Department has compensation payment data. below. awarded grants and their employees; RECORD SOURCE CATEGORIES: and such other individuals or entities SYSTEM MANAGER(S): The records within this system of whose association with the Department Director, Office of Data Analytics, records are sourced from the following: relates to alleged violation(s) of the the subjects of investigations; Office of the Inspector General, Department’s rules of conduct, the Civil Department of Justice, 1425 New York individuals with whom the subjects of Service merit system, and/or criminal or investigations are associated; current Avenue NW, Suite 10008, Washington, civil law, which may affect the integrity DC 20530, telephone: 202–353–7493. and former Department officers and or physical facilities of the Department. employees; Federal, State, local, foreign, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: B. Individuals who are or have been and territorial law enforcement and Inspector General Act of 1978, as witnesses, complainants, or informants non-law enforcement agencies; private amended, 5 U.S.C. App. 3; DATA Act, in investigations conducted by the OIG. citizens; witnesses; informants; public 31 U.S.C. 3521 et seq.; Inspector General C. Individuals or entities who have source materials; medical product and Empowerment Act of 2016, Public Law been identified as potential subjects of service providers; medical claim 114–317, 130 Stat. 1595. or parties to an OIG investigation. processing companies; financial D. Individuals currently or formerly institutions managing Department credit PURPOSE(S) OF THE SYSTEM: under the custody of the Attorney card and payroll information; and the The system will use data that the OIG General and/or BOP and/or USMS. system managers, or individuals acting has the legal authority to collect and In connection with its broader on a system manager’s behalf, for the maintain to perform advanced statistical oversight responsibilities relating to DOJ systems of records that OIG has and mathematical techniques. The goal programs and operations of the legal authorization to collect and of this work is to identify anomalies in Department to recognize and mitigate maintain as part of its responsibility to the data that indicate fraudulent or fraud, waste, and abuse, OIG will conduct, supervise, and coordinate inappropriate activity. The work can maintain the following categories of audits and investigations of Department also improve audit quality by helping to records: programs and operations to recognize identify specific areas for OIG attention. A. All categories of records relevant to and mitigate fraud, waste, and abuse. The product of this work can be used by JUSTICE/DOJ–001—Accounting the OIG to identify areas to conduct Systems for the Department of Justice, ROUTINE USES OF RECORDS MAINTAINED IN THE audits or activities that may indicate SYSTEM, INCLUDING CATEGORIES OF USERS AND 69 FR 31406, 71 FR 142, 75 FR 13575, THE PURPOSES OF SUCH USES: that an investigation is warranted. 82 FR 24147. In addition to those disclosures B. All categories of records relevant to CATEGORIES OF INDIVIDUALS COVERED BY THE generally permitted under 5 U.S.C. JUSTICE/OJP–004—Grants Management SYSTEM: 552a(b), all or a portion of the records Information System 53 FR 40526, 66 FR The categories of individuals covered or information contained in this system 8425, 82 FR 24147. by the system include current and of records may be disclosed as a routine former DOJ employees; DOJ contractors; C. All categories of records relevant to use pursuant to 5 U.S.C. 552a(b)(3) recipients of DOJ grants awards or JUSTICE/USM–005—U.S. Marshals under the circumstances or for the funds, whether direct or indirect; parties Service Prisoner Processing and purposes described below, to the extent to DOJ cooperative agreements; Population Management-Prisoner such disclosures are compatible with arrestees, fugitives, prisoners, and other Tracking System (PPM–PTS), 72 FR the purposes for which the information individuals under custody of the United 33515, 519, 82 FR 24151, 163. was collected: States Marshals Service (USMS); D. All categories of records relevant to A. To another Federal Office of the prisoner health care service providers JUSTICE/BOP–005—Inmate Central Inspector General or Federal, state, under the USMS Managed Health Care Records System, 67 FR 31371, 77 FR local, foreign, territorial, or tribal unit of Contract; and individuals currently or 24982, 81 FR 22639, 82 FR 24147. government for the purposes of formerly under the custody of the E. All categories of records relevant to identifying fraud, waste, abuse, or Attorney General and/or the Director of JUSTICE/JMD–003—Department of improper payments related to Federal the Federal Bureau of Prisons (BOP), Justice Payroll System, 69 FR 107, 72 FR programs, employees, contractors, including those individuals under 51663, 82 FR 24151, 158. grantees, inmates, or beneficiaries. custody for criminal and civil F. Department data files required by These activities will be conducted commitments. the DATA Act, including but not under the authorities in the Inspector limited to sampling of the spending data General Act of 1978, as amended, and CATEGORIES OF RECORDS IN THE SYSTEM: submitted in accordance with the DATA the DATA Act. In connection with its investigative Act. B. To any criminal, civil, or regulatory duties to recognize and mitigate fraud, G. Department charge card data (for law enforcement authority (whether waste, and abuse relating to Department example, travel, purchase, fleet and Federal, state, local, territorial, tribal, programs and operations, OIG already integrated card transactions). foreign, or international) where the maintains records on the following H. Federal contract actions whose information is relevant to the recipient categories of individuals that will be estimated value is $3,000 or more, that entity’s law enforcement maintained in this system of records: may be $3,000 or more, and every responsibilities. A. Individuals or entities who are or modification to such contract actions C. Where a record, either alone or in who have been the subject of regardless of dollar value. conjunction with other information,

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indicates a violation or potential public or with prisoners or detainees, to necessary to assist the recipient agency violation of law—criminal, civil, or the extent that the information is or entity in (1) responding to a regulatory in nature—the relevant relevant and necessary to the recipient suspected or confirmed breach or (2) records may be referred to the agency’s decision. preventing, minimizing, or remedying appropriate Federal, state, local, K. To appropriate officials and the risk of harm to individuals, the territorial, tribal, or foreign law employees of a Federal agency or entity recipient agency or entity (including its enforcement authority or other that requires information relevant to a information systems, programs, and appropriate entity charged with the decision concerning the hiring, operations), the Federal Government, or responsibility for investigating or appointment, or retention of an national security, resulting from a prosecuting such violation or charged employee; the assignment, detail, or suspected or confirmed breach. with enforcing or implementing such deployment of an employee; the R. To a governmental entity lawfully law. issuance, renewal, suspension, or engaged in collecting law enforcement, D. To complainants and/or victims to revocation of a security clearance; the law enforcement intelligence, or the extent necessary to provide such execution of a security or suitability national security intelligence persons with information and investigation; the letting of a contract, or information, for such purposes. explanations concerning the progress the issuance of a grant or benefit. S. To such recipients and under such and/or results of the investigation or L. To a former employee of the circumstances and procedures as are case arising from the matters of which Department for purposes of: Responding mandated by Federal statute or treaty. they complained and/or of which they to an official inquiry by a Federal, state, were a victim. local, tribal, territorial, or foreign POLICIES AND PRACTICES FOR STORAGE OF E. To any person or entity that the government entity or professional RECORDS: OIG has reason to believe possesses licensing authority, in accordance with Records are stored in an electronic information regarding a matter within applicable Department regulations; or form in a framework of computer the jurisdiction of the OIG, to the extent facilitating communications with a systems that allows distributed deemed to be necessary by the OIG in former employee that may be necessary processing of data sets across clusters of order to elicit such information or for personnel-related or other official computers. Records are stored securely cooperation from the recipient for use in purposes where the Department requires in accordance with applicable executive the performance of an authorized information and/or consultation orders, statutes, and agency activity. assistance from the former employee implementing recommendations. F. In an appropriate proceeding before regarding a matter within that person’s Electronic records are stored in a court, grand jury, or administrative or former area of responsibility. databases and/or on hard disks, adjudicative body, when the OIG M. To federal, state, local, territorial, removable storage devices, or other determines that the records are arguably tribal, foreign, or international licensing electronic media. relevant to the proceeding; or in an agencies or associations which require POLICIES AND PRACTICES FOR RETRIEVAL OF appropriate proceeding before an information concerning the suitability RECORDS: administrative or adjudicative body or eligibility of an individual for a Records in this system of records can when the adjudicator determines the license or permit. be retrieved by name or other records to be relevant to the proceeding. N. To a Member of Congress or staff G. To an actual or potential party to acting upon the Member’s behalf when identifiers, including but not limited to: litigation or the party’s authorized the Member or staff requests the The surnames of subjects, witnesses, representative for the purpose of information on behalf of, and at the and/or complainants of an OIG negotiation or discussion of such request of, the individual who is the complaint or investigation; social matters as settlement, plea bargaining, subject of the record. security account number; address; or in informal discovery proceedings. O. To the National Archives and telephone number; OIG-assigned case H. To the news media and the public, Records Administration for purposes of numbers; taxpayer identification including disclosures pursuant to 28 records management inspections number; health care provider; assigned CFR 50.2, unless it is determined that conducted under the authority of 44 number given to an individual in release of the specific information in the U.S.C. 2904 and 2906. custody with USMS; inmate register context of a particular case would P. To appropriate agencies, entities, number; alien registration number; constitute an unwarranted invasion of and persons when (1) the Department assigned DOJ charge card information; personal privacy. suspects or has confirmed that there has geo-code location (for example, physical I. To contractors, grantees, experts, been a breach of the system of records; addresses converted into geographic consultants, students, and others (2) the Department has determined that coordinates on a map); organizational performing or working on a contract, as a result of the suspected or confirmed name; employee payroll identifier; and service, grant, cooperative agreement, or breach there is a risk of harm to Data Universal Numbering System other assignment for the Federal individuals, the Department (including (DUNS number). Government, when necessary to its information systems, programs, and POLICIES AND PRACTICES FOR RETENTION AND accomplish an agency function related operations), the Federal Government, or DISPOSAL OF RECORDS: to this system of records. national security; and (3) the disclosure Records in this system are retained J. To designated officers and made to such agencies, entities, and and disposed of in accordance with the employees of Federal, state, local, persons is reasonably necessary to assist schedule approved by the Archivist of territorial, or tribal law enforcement or in connection with the Department the United States, Job Number N1–060– detention agencies in connection with efforts to respond to the suspected or 09–025. the hiring or continued employment of confirmed breach or to prevent, an employee or contractor, where the minimize, or remedy such harm. ADMINISTRATIVE, TECHNICAL, AND PHYSICAL employee or contractor would occupy or Q. To another Federal agency or SAFEGUARDS: does occupy a position of public trust as Federal entity, when the Department Both electronic and paper records are a law enforcement officer or detention determines that information from this safeguarded in accordance with officer having direct contact with the system of records is reasonably appropriate laws, rules, and policies,

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including Department and OIG policies. Unit, United States Department of being promulgated in accordance with The records are protected by physical Justice, 950 Pennsylvania Avenue NW, the requirements of 5 U.S.C. 553(b), (c), security methods and dissemination/ Washington, DC 20530, or on the and (e), and will be published in the access controls. Direct access is Department of Justice website at https:// Federal Register. controlled and limited to approved www.justice.gov/oip/oip-request.html. HISTORY: personnel with an official need for More information regarding the access to perform their duties. Paper Department’s procedures for accessing None. files are stored: (1) In a secure room records in accordance with the Privacy [FR Doc. 2018–05656 Filed 3–27–18; 8:45 am] with controlled access; (2) in locked file Act can be found at 28 CFR part 16 BILLING CODE 4410–58–P cabinets; and/or (3) in other appropriate subpart D, ‘‘Protection of Privacy and GSA approved security containers. Access to Individual Records Under the Protection of information technology Privacy Act of 1974.’’ DEPARTMENT OF LABOR systems is provided by physical, technical, and administrative CONTESTING RECORD PROCEDURES: Office of the Secretary safeguards. Records are located in a Individuals seeking to contest or building with restricted access and are amend records maintained in this Agency Information Collection kept in a locked room with controlled system of records must direct their Activities; Submission for OMB access or are safeguarded with approved requests to the address indicated in the Review; Comment Request; Proximity encryption technology. The use of ‘‘RECORD ACCESS PROCEDURES’’ Detection Systems for Continuous multifactor authentication is required to paragraph, above. All requests to contest Mining Machines in Underground Coal access electronic systems. Information or amend records must be in writing Mines may be transmitted to routine users on and the envelope and letter should be ACTION: a need to know basis in a secure manner clearly marked ‘‘Privacy Act Notice of availability; request and to others upon verification of their Amendment Request.’’ All requests for comments. authorization to access the information must state clearly and concisely what SUMMARY: The Department of Labor and their need to know. record is being contested, the reasons (DOL) is submitting the Mine Safety and Security personnel conduct periodic for contesting it, and the proposed Health Administration (MSHA) vulnerability scans using DOJ-approved amendment to the record. Some sponsored information collection software to ensure security compliance information may be exempt from the request (ICR) titled, ‘‘Proximity and security logs are enabled for all amendment provisions as described in Detection Systems for Continuous computers to assist in troubleshooting the ‘‘EXEMPTIONS PROMULGATED Mining Machines in Underground Coal and forensic analysis during incident FOR THE SYSTEM’’ paragraph, below. Mines,’’ to the Office of Management investigations. Users of individual An individual who is the subject of a and Budget (OMB) for review and computers can only gain access to the record in this system of records may approval for continued use, without data by a valid user identification contest or amend those records that are change, in accordance with the authorization and authentication not exempt. A determination of whether Paperwork Reduction Act of 1995 method. a record is exempt from the amendment (PRA). Public comments on the ICR are provisions will be made after a request RECORD ACCESS PROCEDURES: invited. is received. DATES: The OMB will consider all All requests for access to records must More information regarding the written comments that agency receives be in writing and should be addressed Department’s procedures for amending on or before April 27, 2018. to the System Manager listed above. The or contesting records in accordance with envelope and letter should be clearly the Privacy Act can be found at 28 CFR ADDRESSES: A copy of this ICR with marked ‘‘Privacy Act Access Request.’’ 16.46, ‘‘Requests for Amendment or applicable supporting documentation; Alternatively, requests can be emailed Correction of Records.’’ including a description of the likely to [email protected]. The request must respondents, proposed frequency of describe the records sought in sufficient NOTIFICATION PROCEDURES: response, and estimated total burden detail to enable Department personnel Individuals may be notified if a record may be obtained free of charge from the to locate them with a reasonable amount in this system of records pertains to RegInfo.gov website at http:// of effort. The request must include a them when the individuals request www.reginfo.gov/public/do/ general description of the records information utilizing the same PRAViewICR?ref_nbr=201707-1219-002 sought and must include the requester’s procedures as those identified in the (this link will only become active on the full name, current address, and date and ‘‘RECORD ACCESS PROCEDURES’’ day following publication of this notice) place of birth. The request must be paragraph, above. or by contacting Michel Smyth by signed and either notarized or submitted telephone at 202–693–4129, TTY 202– under penalty of perjury. Some EXEMPTIONS PROMULGATED FOR THE SYSTEM: 693–8064, (these are not toll-free information may be exempt from the The Attorney General plans to exempt numbers) or by email at DOL_PRA_ access provisions as described in the this system from subsections (c)(3) and [email protected]. ‘‘EXEMPTIONS PROMULGATED FOR (4); (d); (e)(1), (2), (3), (5) and (8); and Submit comments about this request THE SYSTEM’’ paragraph, below. An (g) of the Privacy Act pursuant to 5 by mail to the Office of Information and individual who is the subject of a record U.S.C. 552a(j)(2). In addition, the system Regulatory Affairs, Attn: OMB Desk in this system of records may access has been exempted from subsections Officer for DOL–MSHA, Office of those records that are not exempt from (c)(3), (d), and (e)(1) of the Privacy Act, Management and Budget, Room 10235, access. A determination whether a pursuant to 5 U.S.C. 552a(k)(1) and 725 17th Street NW, Washington, DC record may be accessed will be made at (k)(2). The exemptions will be applied 20503; by Fax: 202–395–5806 (this is the time a request is received. only to the extent that the information not a toll-free number); or by email: Although no specific form is required, in the system is subject to exemption [email protected]. you may obtain forms for this purpose pursuant to 5 U.S.C. 552a(j)(2), (k)(1), Commenters are encouraged, but not from the FOIA/Privacy Act Mail Referral and/or (k)(2). Rules are in the process of required, to send a courtesy copy of any

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comments by mail or courier to the U.S. law, no person shall generally be subject Total Estimated Number of Department of Labor-OASAM, Office of to penalty for failing to comply with a Responses: 291,137. the Chief Information Officer, Attn: collection of information that does not Total Estimated Annual Time Burden: Departmental Information Compliance display a valid Control Number. See 5 828 hours. Management Program, Room N1301, CFR 1320.5(a) and 1320.6. The DOL Total Estimated Annual Other Costs 200 Constitution Avenue NW, obtains OMB approval for this Burden: $0. Washington, DC 20210; or by email: information collection under Control Authority: 44 U.S.C. 3507(a)(1)(D). [email protected]. Number 1219–0148. Dated: March 20, 2018. FOR FURTHER INFORMATION CONTACT: OMB authorization for an ICR cannot Michel Smyth, Michel Smyth by telephone at 202–693– be for more than three (3) years without Departmental Clearance Officer. 4129, TTY 202–693–8064, (these are not renewal, and the current approval for [FR Doc. 2018–06185 Filed 3–27–18; 8:45 am] _ this collection is scheduled to expire on toll-free numbers) or by email at DOL BILLING CODE 4510–43–P [email protected]. April 30, 2018. The DOL seeks to extend SUPPLEMENTARY INFORMATION: This ICR PRA authorization for this information seeks to extend PRA authority for the collection for three (3) more years, DEPARTMENT OF LABOR Proximity Detection Systems for without any change to existing Continuous Mining Machines in requirements. The DOL notes that Office of the Secretary Underground Coal Mines information existing information collection requirements submitted to the OMB Agency Information Collection collection requirements codified in Activities; Submission for OMB regulations 30 CFR 1732(d). This receive a month-to-month extension while they undergo review. For Review; Comment Request; information collection relates to Respiratory Protection Standard requirements for mine operators to additional substantive information about this ICR, see the related notice install proximity detection systems on ACTION: Notice of availability; request published in the Federal Register on continuous mining machines. More for comments. specifically, the subject regulatory November 24, 2017 (82 FR 55879). provisions require: the proper Interested parties are encouraged to SUMMARY: The Department of Labor certification (initialing and dating— send comments to the OMB, Office of (DOL) is submitting the Occupational including time) by a qualified Information and Regulatory Affairs at Safety and Health Administration ADDRESSES individual that the machine-mounted the address shown in the (OSHA) sponsored information components of the proximity detection section within thirty (30) days of collection request (ICR) titled, system have been checked publication of this notice in the Federal ‘‘Respiratory Protection Standard,’’ to (§ 75.1732(d)(1)); recording, before the Register. In order to help ensure the Office of Management and Budget end of the shift, any defects found as a appropriate consideration, comments (OMB) for review and approval for result of the check—including should mention OMB Control Number continued use, without change, in corrective actions and their dates (Id.); 1219–0148. The OMB is particularly accordance with the Paperwork the operator recording any defects found interested in comments that: Reduction Act of 1995 (PRA). Public • Evaluate whether the proposed as a result of the checks of miner- comments on the ICR are invited. collection of information is necessary wearable components required under DATES: The OMB will consider all for the proper performance of the section § 75.1732(c)(2), including written comments that agency receives functions of the agency, including corrective actions and dates of on or before April 27, 2018. whether the information will have corrective actions (§ 75.1732(d)(2); the ADDRESSES: A copy of this ICR with practical utility; operator creating a record of persons • Evaluate the accuracy of the applicable supporting documentation; trained in the installation and agency’s estimate of the burden of the including a description of the likely maintenance of proximity detection proposed collection of information, respondents, proposed frequency of systems under § 75.1732(b)(6) including the validity of the response, and estimated total burden (§ 75.1732(d)(3)); the operator methodology and assumptions used; may be obtained free of charge from the maintaining records in a secure book or • Enhance the quality, utility, and RegInfo.gov website at http:// electronically in a secure computer www.reginfo.gov/public/do/ clarity of the information to be _ system not susceptible to alteration collected; and PRAViewICR?ref nbr=201803-1218-004 (§ 75.1732(d)(4)); the operator retaining • Minimize the burden of the (this link will only become active on the records for at least one year and making collection of information on those who day following publication of this notice) them available for inspection by are to respond, including through the or by contacting Michel Smyth by authorized representatives of the use of appropriate automated, telephone at 202–693–4129, TTY 202– Secretary and representatives of miners electronic, mechanical, or other 693–8064, (these are not toll-free _ _ (§ 75.1732(d)(5). Federal Mine Safety technological collection techniques or numbers) or by email at DOL PRA and Health Act of 1977 sections 101 and other forms of information technology, [email protected]. 103(h) authorize this information e.g., permitting electronic submission of Submit comments about this request collection. See 30 U.S.C. 811, 813(h). responses. by mail to the Office of Information and This information collection is subject Agency: DOL–MSHA. Regulatory Affairs, Attn: OMB Desk to the PRA. A Federal agency generally Title of Collection: Proximity Officer for DOL–OSHA, Office of cannot conduct or sponsor a collection Detection Systems for Continuous Management and Budget, Room 10235, of information, and the public is Mining Machines in Underground Coal 725 17th Street NW, Washington, DC generally not required to respond to an Mines. 20503; by Fax: 202–395–5806 (this is information collection, unless it is OMB Control Number: 1219–0148. not a toll-free number); or by email: approved by the OMB under the PRA Affected Public: Private Sector— [email protected]. and displays a currently valid OMB businesses or other for-profits. Commenters are encouraged, but not Control Number. In addition, Total Estimated Number of required, to send a courtesy copy of any notwithstanding any other provisions of Respondents: 209. comments by mail or courier to the U.S.

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Department of Labor-OASAM, Office of Interested parties are encouraged to SUMMARY: The Department of Labor the Chief Information Officer, Attn: send comments to the OMB, Office of (DOL) is submitting the Occupational Departmental Information Compliance Information and Regulatory Affairs at Safety and Health Administration Management Program, Room N1301, the address shown in the ADDRESSES (OSHA) sponsored information 200 Constitution Avenue NW, section within thirty (30) days of collection request (ICR) titled, Washington, DC 20210; or by email: publication of this notice in the Federal ‘‘Excavation Cave-in Protection System [email protected]. Register. In order to help ensure Design Standard,’’ to the Office of Management and Budget (OMB) for FOR FURTHER INFORMATION CONTACT: appropriate consideration, comments review and approval for continued use, Michel Smyth by telephone at 202–693– should mention OMB Control Number without change, in accordance with the 4129, TTY 202–693–8064, (these are not 1218–0099. The OMB is particularly Paperwork Reduction Act of 1995 toll-free numbers) or by email at DOL_ interested in comments that: • (PRA). Public comments on the ICR are [email protected]. Evaluate whether the proposed collection of information is necessary invited. SUPPLEMENTARY INFORMATION: This ICR for the proper performance of the DATES: The OMB will consider all seeks to extend PRA authority for the functions of the agency, including written comments that agency receives Respiratory Protection Standard whether the information will have on or before April 27, 2018. information collection requirements practical utility; ADDRESSES: A copy of this ICR with codified in regulations 29 CFR 1910.134 • Evaluate the accuracy of the applicable supporting documentation; that assist an employer in protecting the agency’s estimate of the burden of the including a description of the likely health of workers exposed to airborne proposed collection of information, respondents, proposed frequency of contaminants, physical hazards, and including the validity of the response, and estimated total burden biological agents. The Standard contains methodology and assumptions used; may be obtained free of charge from the requirements for program • Enhance the quality, utility, and RegInfo.gov website at http:// administration; a written respirator- clarity of the information to be www.reginfo.gov/public/do/ protection program with worksite- collected; and PRAViewICR?ref_nbr=201802-1218-001 • specific procedures; respirator selection; Minimize the burden of the or by contacting Michel Smyth by worker training; fit testing; medical collection of information on those who telephone at 202–693–4129, TTY 202– evaluation; respirator use; respirator are to respond, including through the 693–8064 (these are not toll-free cleaning, maintenance, and repair; and use of appropriate automated, numbers), or by email at DOL_PRA_ other provisions. Occupational Safety electronic, mechanical, or other [email protected]. and Health Act sections 2, 6, and 8 technological collection techniques or Submit comments about this request authorize this information collection. other forms of information technology, by mail to the Office of Information and See 29 U.S.C. 651, 655, and 657. e.g., permitting electronic submission of Regulatory Affairs, Attn: OMB Desk This information collection is subject responses. Officer for DOL–OSHA, Office of to the PRA. A Federal agency generally Agency: DOL–OSHA. Management and Budget, Room 10235, cannot conduct or sponsor a collection Title of Collection: Respiratory 725 17th Street NW, Washington, DC of information, and the public is Protection Standard. 20503; by Fax: 202–395–5806 (this is generally not required to respond to an OMB Control Number: 1218–0099. not a toll-free number); or by email: information collection, unless it is Affected Public: Private Sector— [email protected]. approved by the OMB under the PRA businesses or other for-profits. Commenters are encouraged, but not and displays a currently valid OMB Total Estimated Number of required, to send a courtesy copy of any Control Number. In addition, Respondents: 631,607. comments by mail or courier to the U.S. notwithstanding any other provisions of Total Estimated Number of Department of Labor-OASAM, Office of law, no person shall generally be subject Responses: 25,621,506. the Chief Information Officer, Attn: Total Estimated Annual Time Burden: to penalty for failing to comply with a Departmental Information Compliance 7,622,100 hours. collection of information that does not Management Program, Room N1301, Total Estimated Annual Other Costs display a valid Control Number. See 5 200 Constitution Avenue NW, Burden: $316,906,665. CFR 1320.5(a) and 1320.6. The DOL Washington, DC 20210; or by email: obtains OMB approval for this Authority: 44 U.S.C. 3507(a)(1)(D). [email protected]. information collection under Control Dated: March 20, 2018. FOR FURTHER INFORMATION CONTACT: Number 1218–0099. Michel Smyth, Michel Smyth by telephone at 202–693– OMB authorization for an ICR cannot Departmental Clearance Officer. 4129, TTY 202–693–8064 (these are not be for more than three (3) years without toll-free numbers), or by email at DOL_ [FR Doc. 2018–06165 Filed 3–27–18; 8:45 am] _ renewal, and the current approval for BILLING CODE 4510–26–P PRA [email protected]. this collection is scheduled to expire on SUPPLEMENTARY INFORMATION: This ICR March 31, 2018. The DOL seeks to seeks to extend PRA authorization for extend PRA authorization for this DEPARTMENT OF LABOR the information collections required in information collection for three (3) more the design of a cave-in protection years, without any change to existing Office of the Secretary system that are codified in regulations requirements. The DOL notes that 29 CFR part 1926, subpart P. Employers existing information collection Agency Information Collection in the construction industry and OSHA requirements submitted to the OMB Activities; Submission for OMB compliance officers need this receive a month-to-month extension Review; Comment Request; information to ensure cave-in protection while they undergo review. For Excavation Cave-In Protection System systems are designed, installed, and additional substantive information Design Standard used in a manner that adequately about this ICR, see the related notice protects workers. More specifically, ACTION: Notice of availability; request published in the Federal Register on regulations 29 CFR 1926.652 paragraphs for comments. January 18, 2018 (83 FR 2676). (b) and (c) contain paperwork

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requirements imposing burden hours or whether the information will have are available at www.prc.gov, Docket costs on employers. These paragraphs practical utility; Nos. MC2018–133, CP2018–189. require subject employers to use • Evaluate the accuracy of the Elizabeth A. Reed, protective systems to prevent cave-ins agency’s estimate of the burden of the during excavation work; these systems proposed collection of information, Attorney, Corporate and Postal Business Law. include sloping the side of the trench, including the validity of the [FR Doc. 2018–06205 Filed 3–27–18; 8:45 am] benching the soil away from the methodology and assumptions used; BILLING CODE 7710–12–P excavation, or using a support system or • Enhance the quality, utility, and shield (such as a trench box). The clarity of the information to be Standard specifies allowable collected; and SECURITIES AND EXCHANGE configurations and slopes for • Minimize the burden of the COMMISSION excavations, and it provides appendices collection of information on those who [Release No. 34–82935; File No. SR–OCC– to assist employers in designing are to respond, including through the 2017–811] protective systems. The regulations also use of appropriate automated, provide options as to how the required electronic, mechanical, or other Self-Regulatory Organizations; The records are developed. Occupational technological collection techniques or Options Clearing Corporation; Notice Safety and Health Act of 1970 sections other forms of information technology, of Extension of Review Period of 2(b)(9), 6(b)(7), and 8(c) authorize this e.g., permitting electronic submission of Advance Notice of Proposed Changes information collection. See 29 U.S.C. responses. Related to The Options Clearing 651(b)(9), 655(b)(7), 657(c). Agency: DOL–OSHA. Corporation’s Margin Methodology This information collection is subject Title of Collection: Excavation Cave-in to the PRA. A Federal agency generally Protection System Design Standard. March 22, 2018. cannot conduct or sponsor a collection OMB Control Number: 1218–0137. On November 13, 2017, The Options of information, and the public is Affected Public: Private Sector— Clearing Corporation (‘‘OCC’’) filed with generally not required to respond to an businesses or other for-profits. the Securities and Exchange information collection, unless it is Total Estimated Number of Commission (‘‘Commission’’) advance approved by the OMB under the PRA Respondents: 8,382. notice SR–OCC–2017–811 (‘‘Advance and displays a currently valid OMB Total Estimated Number of Notice’’) pursuant to Section 806(e)(1) of Control Number. In addition, Responses: 17,262. Title VIII of the Dodd-Frank Wall Street notwithstanding any other provisions of Total Estimated Annual Time Burden: Reform and Consumer Protection Act, law, no person shall generally be subject 17,262 hours. entitled the Payment, Clearing, and to penalty for failing to comply with a Total Estimated Annual Other Costs Settlement Supervision Act of 2010 collection of information that does not Burden: $311,505. (‘‘Clearing Supervision Act’’) 1 and Rule display a valid Control Number. See 5 Authority: 44 U.S.C. 3507(a)(1)(D). 19b–4(n)(1)(i) under the Securities CFR 1320.5(a) and 1320.6. The DOL Exchange Act of 1934 (‘‘Exchange obtains OMB approval for this Michel Smyth, Act’’).2 The Advance Notice was information collection under Control Departmental Clearance Officer. published for comment in the Federal Number 1218–0137. [FR Doc. 2018–06176 Filed 3–27–18; 8:45 am] Register on December 27, 2017.3 As of 4 OMB authorization for an ICR cannot BILLING CODE 4510–26–P February 20, 2018, the Commission has be for more than three (3) years without received one comment letter on the renewal, and 3he DOL seeks to extend proposal contained in the Advance 5 PRA authorization for this information POSTAL SERVICE Notice. collection for three (3) more years, without any change to existing Product Change—First-Class Package 1 12 U.S.C. 5465(e)(1). The Financial Stability Oversight Council designated OCC a systemically requirements. The DOL notes that Service Negotiated Service Agreement important financial market utility on July 18, 2012. existing information collection See Financial Stability Oversight Council 2012 AGENCY: TM requirements submitted to the OMB Postal Service . Annual Report, Appendix A, available athttp:// receive a month-to-month extension ACTION: Notice. www.treasury.gov/initiatives/fsoc/Documents/ 2012%20Annual%20Report.pdf. Therefore, OCC is while they undergo review. For SUMMARY: The Postal Service gives required to comply with the Payment, Clearing and additional substantive information notice of filing a request with the Postal Settlement Supervision Act and file advance about this ICR, see the related notice notices with the Commission. See 12 U.S.C. Regulatory Commission to add a published in the Federal Register on 5465(e). domestic shipping services contract to 2 December 12, 2017 (82 FR 58450). 17 CFR 240.19b–4(n)(1)(i). the list of Negotiated Service 3 Exchange Act Release No. 82371 (Dec. 20, 2017), Interested parties are encouraged to Agreements in the Mail Classification 82 FR 61354 (Dec. 27, 2017) (SR–OCC–2017–811). send comments to the OMB, Office of On November 13, 2017, OCC also filed a related Schedule’s Competitive Products List. Information and Regulatory Affairs at proposed rule change (SR–OCC–2017–022) with the the address shown in the ADDRESSES DATES: Date of required notice: March Commission pursuant to Section 19(b)(1) of the 28, 2018. Exchange Act and Rule 19b–4 thereunder, seeking section within thirty (30) days of approval of changes to its rules necessary to publication of this notice in the Federal FOR FURTHER INFORMATION CONTACT: implement the Advance Notice (‘‘Proposed Rule Register. In order to help ensure Elizabeth A. Reed, 202–268–3179. Change’’). 15 U.S.C. 78s(b)(1) and 17 CFR 240.19b– appropriate consideration, comments SUPPLEMENTARY INFORMATION: The 4, respectively. The Proposed Rule Change was ® published in the Federal Register on December 4, should mention OMB Control Number United States Postal Service hereby 2017. Exchange Act Release No. 82161 (Nov. 28, 1218–0137. The OMB is particularly gives notice that, pursuant to 39 U.S.C. 2017), 82 FR 57306 (Dec. 4, 2017) (SR–OCC–2017– interested in comments that: 3642 and 3632(b)(3), on March 22, 2018, 022). • Evaluate whether the proposed it filed with the Postal Regulatory 4 The comment period closed on January 17, 2018. collection of information is necessary Commission a USPS Request to Add 5 See letter from Michael Kitlas, dated November for the proper performance of the First-Class Package Service Contract 92 28, 2017, to Eduardo A. Aleman, Assistant functions of the agency, including to Competitive Product List. Documents Continued

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Section 806(e)(1)(G) of the Clearing Accordingly, the Commission, and at the Commission’s Public Supervision Act provides that OCC may pursuant to Section 806(e)(1)(H) of the Reference Room. implement the changes if it has not Clearing Supervision Act, extends the II. Self-Regulatory Organization’s received an objection to the proposed review period for an additional 60 days Statement of the Purpose of, and changes within 60 days of the later of (i) so that the Commission shall have until Statutory Basis for, the Proposed Rule the date that the Commission receives May 23, 2018 to issue an objection or Change the Advance Notice, or (ii) the date that non-objection to the Advance Notice any additional information requested by (File No. SR–OCC–2017–811). In its filing with the Commission, the 6 Exchange included statements the Commission is received, unless By the Commission. extended as described below. concerning the purpose of and basis for Pursuant to Section 806(e)(1)(H) of the Brent J. Fields, the proposed rule change and discussed Clearing Supervision Act, the Secretary. any comments it received on the Commission may extend the review [FR Doc. 2018–06160 Filed 3–27–18; 8:45 am] proposed rule change. The text of these period of an advance notice for an BILLING CODE 8011–01–P statements may be examined at the additional 60 days, if the changes places specified in Item IV below. The proposed in the advance notice raise Exchange has prepared summaries, set novel or complex issues, subject to the SECURITIES AND EXCHANGE forth in sections A, B, and C below, of Commission providing the clearing COMMISSION the most significant aspects of such agency with prompt written notice of [Release No. 34–82932; File No. SR–Phlx– statements. 7 the extension. 2018–24] A. Self-Regulatory Organization’s On January 11, 2018, the Commission Statement of the Purpose of, and requested OCC provide it with Self-Regulatory Organizations; Nasdaq Statutory Basis for, the Proposed Rule additional information regarding the PHLX LLC; Notice of Filing and Change proposal,8 tolling the Commission’s 60- Immediate Effectiveness of Proposed day review period for the Advance Rule Change To Amend Section (a) of 1. Purpose 9 Notice. On January 23, 2018, OCC Exchange Rule 1001, Position Limits, Position Limit Increase provided the Commission with a To Increase the Position Limits for response to its request for information. Options Position limits for options on ETFs Accordingly, the new 60-day review such as those subject to this proposal period commenced on January 23, 2018 March 22, 2018. are determined pursuant to Exchange and runs through March 24, 2018. Pursuant to Section 19(b)(1) of the Rule 1001, and, with certain exceptions, However, the Commission finds the Securities Exchange Act of 1934 vary by tier according to the number of Advance Notice complex because OCC (‘‘Act’’),1 and Rule 19b–4 thereunder,2 outstanding shares and the trading 3 proposes to make detailed, substantial, notice is hereby given that on March 9, volume of the underlying security. and numerous changes to its margin 2018, Nasdaq PHLX LLC (‘‘Phlx’’ or Options in the highest tier—i.e., options methodology, the System for Theoretical ‘‘Exchange’’) filed with the Securities that overlie securities with the largest Analysis and Numerical Simulations, and Exchange Commission (‘‘SEC’’ or numbers of outstanding shares and used to calculate clearing member ‘‘Commission’’) the proposed rule trading volumes—have a standard margin requirements. Therefore, the change as described in Items I and II option position limit of 250,000 Commission finds it appropriate to below, which Items have been prepared contracts (with adjustments for splits, extend the review period of the by the Exchange. The Commission is re-capitalizations, etc.) on the same side Advance Notice for an additional 60 publishing this notice to solicit of the market. In addition, Rule 1001 days pursuant to Section 806(e)(1)(H) of comments on the proposed rule change currently sets forth separate position the Clearing Supervision Act.10 from interested persons. limits for options on certain ETFs, including 500,000 contracts for options I. Self-Regulatory Organization’s Secretary, Commission, available at https:// on EEM and IWM, and 900,000 www.sec.gov/comments/sr-occ-2017-022/ Statement of the Terms of the Substance contracts for options on QQQQ. occ2017022.htm. Since the proposal contained in of the Proposed Rule Change The Exchange proposes to revise Rule the Proposed Rule Change was also filed as an 1001 to increase the position limits for Advance Notice, all public comments received on The Exchange proposes to amend the proposal are considered regardless of whether Section (a) of Exchange Rule 1001, options on certain ETFs, as described the comments are submitted to the Proposed Rule Position Limits, to increase the position more fully below. The Exchange Change or the Advance Notice. limits for options on the following believes that increasing the position 6 12 U.S.C. 5465(e)(1)(G). limits for these options will lead to a 7 exchange traded funds (‘‘ETFs’’): 12 U.S.C. 5465(e)(1)(H). more liquid and competitive market 8 See Memorandum from Office of Clearance and iShares China Large-Cap ETF (‘‘FXI’’), Settlement, Division of Trading and Markets, dated iShares MSCI EAFE ETF (‘‘EFA’’), environment for these options that will January 12, 2018, available at https://www.sec.gov/ iShares MSCI Emerging Markets ETF benefit customers interested in these comments/sr-occ-2017–811/occ2017811.htm. (‘‘EEM’’), iShares Russell 2000 ETF products. 9 See Section 806(e)(1) of the Clearing First, the Exchange proposes to Supervision Act (stating that the Commission’s (‘‘IWM’’), iShares MSCI Brazil Capped period for review of an advance notice was tolled ETF (‘‘EWZ’’), iShares 20+ Year increase the position limits for options and shall be 60 days from the date the information Treasury Bond Fund ETF (‘‘TLT’’), on FXI, EFA, EWZ, TLT, and EWJ, each requested by the Commission is received by the PowerShares QQQ Trust (‘‘QQQQ’’), of which fall into the highest standard Commission). and iShares MSCI Japan Index (‘‘EWJ’’). tier set forth in Exchange Rule 10 The proposal in the Proposed Rule Change and 1001(g)(i). Rule 1001(a) would be the Advance Notice shall not take effect until all The text of the proposed rule change regulatory actions required with respect to the is available on the Exchange’s website at amended to increase the current proposal are completed. http://nasdaqphlx.cchwallstreet.com/, A Notice of Designation of Longer Period for at the principal office of the Exchange, 3 Pursuant to Exchange Rule 1002, which Commission Action on the Proposed Rule Change provides that the exercise limits for ETF options are was published in the Federal Register on January equivalent to their position limits, the exercise 24, 2018. Exchange Act Release No. 82534 (Jan. 18, 115 U.S.C. 78s(b)(1). limits for each of these options would be increased 2018), 83 FR 3376 (Jan. 24, 2018). 217 CFR 240.19b–4. to the level of the new position limits.

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position limit of 250,000 contracts for Indonesia, Korea, Malaysia, Mexico, of the MSCI Emerging Markets Index on options on these securities to 500,000 Morocco, Peru, Philippines, Poland, which EEM is based for which the contracts. Russia, South Africa, Taiwan, Thailand, primary market is in any one country Second, the Exchange proposes to and Turkey.8 IWM tracks the that is not subject to a CSA do not increase the position limits for options performance of the Russell 2000 Index, represent 20% or more of the weight of on EEM and IWM from 500,000 which is composed of 2,000 small-cap the MSCI Emerging Markets Index.17 contracts to 1,000,000 contracts.4 domestic stocks.9 EFA tracks the Finally, the component securities of the Finally, the Exchange proposes to performance of MSCI EAFE Index, MSCI Emerging Markets Index on which increase the position limits on options which has over 900 component EEM is based, for which the primary on QQQQ from 900,000 contracts to securities.10 The MSCI EAFE Index is market is in any two countries that are 1,800,000 contracts. designed to represent the performance not subject to CSAs do not represent In support of this proposal, the of large and mid-cap securities across 21 33% o2 [sic] more of the weight of the Exchange represents that the above developed markets, including countries MSCI Emerging Markets Index.18 listed ETFs qualify for either: (i) The in Europe, Australasia and the Far East, Market participants have increased initial listing criteria set forth in excluding the U.S. and Canada.11 EWZ Exchange Rule 1009 Commentary .06 for their demand for options on FXI, EFA, tracks the performance of the MSCI EWZ, TLT, and EWJ for hedging and ETFs holding non-U.S. component Brazil 25/50 Index, which is composed securities; or (ii) for ETFs listed trading purposes and the Exchange of shares of large and mid-size believes the current position limits are pursuant to generic listing standards for companies in Brazil.12 TLT tracks the series of portfolio depository receipts too low and may be a deterrent to performance of ICE U.S. Treasury 20+ successful trading of options on these and index fund shares based on Year Bond Index, which is composed of securities. international or global indexes under long-term U.S. Treasury bonds.13 QQQQ which a comprehensive surveillance tracks the performance of the Nasdaq- The CBOE Analysis agreement (‘‘CSA’’) is not required.5 FXI 100 Index, which is composed of 100 of tracks the performance of the FTSE the largest domestic and international The Commission has recently China 50 Index, which is composed of nonfinancial companies listed on the approved a proposed rule change of the the 50 largest Chinese stocks.6 EEM Nasdaq Stock Market LLC (‘‘Nasdaq’’).14 Chicago Board Options Exchange tracks the performance of the MSCI EWJ tracks the MSCI Japan Index, which (‘‘CBOE’’) to increase position limits for 19 Emerging Markets Index, which is tracks the performance of large and mid- these same options. The discussion composed of approximately 800 sized companies in Japan.15 that follows is based upon the CBOE’s component securities.7 The MSCI The Exchange represents that more analysis presented in that proposal. Emerging Markets Index consists of the than 50% of the weight of the securities In its proposal, CBOE stated that it following 21 emerging market country held by the options subject to this had collected the following trading indices: Brazil, Chile, China, Colombia, proposal are also subject to a CSA.16 statistics on the ETFs that are subject to Czech Republic, Egypt, Hungary, India, Additionally, the component securities this proposal:

Shares Fund market ETF 2017 ADV 2017 ADV outstanding cap (Mil. Shares) (option contracts) (Mil.) ($Mil.)

FXI ...... 15.08 71,944 78.6 $3,343.6 EEM ...... 52.12 287,357 797.4 34,926.1 IWM ...... 27.46 490,070 253.1 35,809.1 EFA ...... 19.42 98,844 1178.4 78,870.3 EWZ ...... 17.08 95,152 159.4 6,023.4 TLT ...... 8.53 80,476 60.0 7,442 QQQQ ...... 26.25 579,404 351.6 50,359.7 EWJ ...... 6.06 4,715 303.6 16,625.1 SPY ...... 64.63 2,575,153 976.23 240,540.0

In support of its proposal to increase which has no position limits. As shown SPY. The total shares outstanding for the position limits for QQQQ to in the above table, the average daily QQQQ are 351.6 million compared to 1,800,000 contracts, CBOE compared trading volume through August 14, 2017 976.23 million for SPY. The fund the trading characteristics of QQQQ to for QQQQ was 26.25 million shares market cap for QQQQ is $50,359.7 that of the SPDR S&P 500 ETF (‘‘SPY’’), compared to 64.63 million shares for million compared to $240,540 million

4 The Exchange is also amending Rule 1001(a) to 7 See http://us.ishares.com/product_info/fund/ 14 See https://www.invesco.com/portal/site/us/ update and correct the names of IWM and EEM, overview/EEM.htm. financial-professional/etfs/productdetail? which are currently referred to in that rule as the 8 See http://www.msci.com/products/indices/ productId=QQQ&ticker=QQQ&title=powershares- iShares® Russell 2000® Index and iShares MSCI tools/index.html#EM. qqq. 15 Emerging Markets Index Fund, respectively. 9 See https://www.ishares.com/us/products/ See https://www.ishares.com/us/products/ 239665/EWJ. 5 The Exchange notes that the initial listing 239710/ishares-russell-2000-etf. 16 See Exchange Rule 1009 Commentary .06. criteria for options on ETFs that hold non-U.S. 10 See https://www.ishares.com/us/products/ 17 See Exchange Rule 1009 Commentary component securities are more stringent than the 239623/. .06(b)(ii)(B). maintenance listing criteria for those same ETF 11 See https://www.msci.com/eafe. 18 See Exchange Rule 1009 Commentary options. See Exchange Rule 1009 Commentary .06; 12 See https://www.ishares.com/us/products/ .06(b)(ii)(C). Exchange Rule 1010, Commentary .08. 239612/ishares-msci-brazil-capped-etf. 19 See Securities Exchange Act Release No. 82770 6 See https://www.ishares.com/us/products/ 13 See https://www.ishares.com/us/products/ (February 23, 2018) (approving SR–CBOE–2017– 239536/ishares-china-largecap-etf. 239454/. 057).

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for SPY. SPY is one of the most actively 2017 for FXI is 15.08 million shares, activity that could be used for legitimate trading ETFs and is, therefore, subject to EFA is 19.42 million shares, EWZ is economic purposes. no position limits. QQQQ is also very 17.08 million shares, TLT is 8.53 CBOE observed that the ETFs that actively traded, and while not to the million shares, and EWJ is 6.06 million underlie options subject to the proposed level of SPY, should be subject to the shares compared to 52.12 million shares rule change are highly liquid, and are proposed higher position limits based for EEM and 27.46 million shares for based on a broad set of highly liquid on its trading characteristics when IWM. The total shares outstanding for securities and other reference assets, compared to SPY. The proposed FXI is 78.6 million, EFA is 1178.4 and noted that the Commission has position limit coupled with QQQQ’s million, EWZ is 159.4 million, TLT is 60 generally looked through to the liquidity trading behavior would continue to million, and EWJ is 303.6 million of securities comprising an index in address potential manipulative schemes compared to 797.4 million for EEM and establishing position limits for cash- and adverse market impact surrounding 253.1 million for IWM. The fund market settled index options. It further noted the use of options and trading in its [sic] cap for FXI is $3,343.6 million, EFA is that options on certain broad-based underlying the options. $78,870.3 million, EWZ is $6,023.4 security indexes have no position limits. In support of its proposal to increase million, TLT is $7,442.4 million, and CBOE observed that the Commission the position limits for EEM and IWM EWJ is $16,625.1 million compared to has recognized the liquidity of the from 500,000 contracts to 1,000,000 $34,926.1 million for EEM and securities comprising the underlying contracts, CBOE also compared the $35,809.1 million for IWM. interest of the SPDR S&P 500 ETF trading characteristics of EEM and IWM (‘‘SPY’’) in permitting no position limits In Partial Amendment No. 1 to its 21 to that of QQQQ, which currently has a proposed rule change, CBOE provided on SPY options since 2012, and position limit of 900,000 contracts. As additional analysis and support for its expanded position limits for options on shown in the above table, the average proposed rule change.20 According to EEM, IWM and QQQQ. CBOE stated that the creation and daily trading volume through July 31, CBOE, market participants’ trading redemption process for these ETFs also 2017 for EEM was 52.12 million shares activity has been adversely impacted by and IWM was 27.46 million shares lessen the potential for manipulative the current position limits as such limits compared to 26.25 million shares for activity, explaining that when an ETF have caused options trading in the QQQQ. The total shares outstanding for company wants to create more ETF symbols subject to the proposed rule EEM are 797.4 million and for IWM are shares, it looks to an Authorized change to move from exchanges to the 253.1 million compared to 351.6 million Participant, which is a market maker or over-the-counter market. CBOE stated it for QQQQ. The fund market cap for other large financial institution, to had submitted the proposed rule change EEM is $34,926.1 million and IWM is acquire the securities the ETF is to hold. at the request of market participants $35,809 million compared to $50,359.7 For instance, IWM is designed to track whose on-exchange activity has been million for QQQQ. EEM, IWM and the performance of the Russell 2000 hindered by the existing position limits QQQQ have similar trading Index, the Authorized Participant will causing them to be unable to provide characteristics and subjecting EEM and purchase all the Russell 2000 additional liquidity not just on CBOE, IWM to the proposed higher position constituent securities in the exact same but also on other options exchanges on limit would continue be designed to weight as the index, then deliver those which they participate. address potential manipulate [sic] shares to the ETF provider. In exchange, schemes that may arise from trading in CBOE stated it understood that certain the ETF provider gives the Authorized the options and their underlying market participants wishing to make Participant a block of equally valued securities. These above trading trades involving a large number of ETF shares, on a one-for-one fair value characteristics for QQQQ when options contracts in the symbols subject basis. The price is based on the net asset compared to EEM and IWM also justify to the proposed rule change are opting value, not the market value at which the increasing the position limit for QQQQ. to execute those trades in the over-the- ETF is trading. The creation of new ETF QQQQ has a higher options ADV than counter market, that the over-the units can be conducted all trading day EEM and IWM, a higher numbers [sic] counter transactions occur via bi-lateral and is not subject to position limits. of shares outstanding than IWM and a agreements the terms of which are not This process can also work in reverse much higher market cap than EEM and publicly disclosed to other market where the ETF company seeks to IWM which justify doubling the participants, and that therefore, these decrease the number of shares that are position limit for QQQQ. CBOE large trades do not contribute to the available to trade. The creation and concluded that, based on these price discovery process performed on a redemption process, therefore, creates a statistics, and as stated above, the lit market. It stated that position limits direct link to the underlying proposed position limit coupled with are designed to address potential components of the ETF, and serves to QQQQ’s trading behavior would manipulative schemes and adverse mitigate potential price impact of the continue to address potential market impact surrounding the use of ETF shares that might otherwise result manipulative schemes and adverse options, such as disrupting the market from increased position limits. The ETF market impact surrounding the use of in the security underlying the options, creation and redemption seeks to keep options and trading in the securities and that the potential manipulative ETF share prices trading in line with the underlying the options. schemes and adverse market impact are ETF’s underlying net asset value. In support of its proposal to increase balanced against the potential of setting Because an ETF trades like a stock, its the position limits for FXI, EFA, EWZ, the limits so low as to discourage price will fluctuate during the trading TLT, and EWJ from 250,000 contracts to participation in the options market. It day, due to simple supply and demand. 500,000 contracts, CBOE compared the stated that the level of those position If demand to buy an ETF is high, for trading characteristics of FXI, EFA, limits must be balanced between instance, the ETF’s share price might EWZ, TLT, and EWJ to that of EEM and curtailing potential manipulation and rise above the value of its underlying IWM, both of which currently have a the cost of preventing potential hedging position limit of 500,000 contracts. As 21 See Securities Exchange Act Release No. 67937 shown in the above table, the average 20 See SR–CBOE–2017–057, Partial Amendment (September 27, 2012), 77 FR 60489 (October 3, daily trading volume through July 31, No. 1 (November 22, 2017). 2012) (SR–CBOE–2012–091).

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securities. When this happens, the QQQQ values, this would result in a positon Authorized Participant believes the ETF For example, the PowerShares QQQ [sic] limit equivalent to 250,000 may now be overpriced, and can buy the Trust or QQQQ is an ETF that tracks the contracts for IWM as RUT’s analogue. underlying shares that compose the ETF Nasdaq 100 Index or NDX, which is an However, RUT is not subject to position and then sell ETF shares on the open index composed of 100 of the largest limits and has an average daily trading market. This should help drive the non-financial securities listed on volume of 66,200 contracts. IWM is ETF’s share price back toward fair Nasdaq. Options on NDX are currently currently subject to a position limit of value. Likewise, if the ETF starts trading subject to no position limits but share 500,000 contracts but has a much higher at a discount to the securities it holds, similar trading characteristics as QQQQ. average daily trading volume of 490,070 the Authorized Participant can buy Based on QQQQ’s share price of contracts. The Commission has shares of the ETF and redeem them for $154.54 23 and NDX’s index level of approved no position limit for RUT, the underlying securities. Buying 6,339.14, approximately 40 contracts of although it has a much lower average undervalued ETF shares should drive QQQQ equals one contract of NDX. daily trading volume than its analogue, the price of the ETF back toward fair Assume that NDX was subject to the the IWM. Furthermore, RUT currently value. This arbitrage process helps to standard position limit of 25,000 has a market capitalization of $2.4 keep an ETF’s price in line with the contracts for broad-based index options. trillion and IWM has a market capitalization of $35,809.1 million, and value of its underlying portfolio. Based on the above comparison of notional values, this would result in a the component securities of RUT, in CBOE stated that in proposing the positon [sic] limit equivalent to aggregate, have traded an average of 270 increased position limits, the Exchange 1,000,000 contracts for QQQQ as NDX’s million shares per day in 2017, both considered the availability of analogue. However, NDX is not subject large enough to absorb any price economically equivalent products and to position limits and has an average movement cause by a large trade in the their respective position limits. For daily trading volume of 15,300 IWM. Therefore, CBOE concluded and instance, some of the ETFs underlying contracts. QQQQ is currently subject to the Exchange agrees it is reasonable to options subject to the proposed rule a position limit of 900,000 contracts but increase the positon [sic] limit for change are based on broad-based indices has a much higher average daily trading options on the IWM from 500,000 to that underlie cash settled options that volume of 579,404 contracts. 1,000,000 contracts. are economically equivalent to the ETF Furthermore, NDX currently has a EEM options that are the subject of the market capitalization of $17.2 trillion EEM tracks the performance of the proposed rule change and have no and QQQQ has a market capitalization MSCI Emerging Markets Index or MXEF, position limits. Other ETFs are based on of $50,359.7 million, and the which is composed of approximately broad-based indexes that underlie cash- component securities of NDX, in 800 component securities following 21 settled options with position limits aggregate, have traded an average of 440 reflecting notional values that are larger emerging market country indices: Brazil, million shares per day in 2017, both Chile, China, Colombia, Czech Republic, than the current position limits for ETF large enough to absorb any price Egypt, Hungary, India, Indonesia, Korea, analogues (EEM, EFA). Where there was movement cause by a large trade in the Malaysia, Mexico, Morocco, Peru, no approved index analogue, CBOE QQQQ. The Commission has also Philippines, Poland, Russia, South stated its belief, based on the liquidity, approved no position limit for NDX, Africa, Taiwan, Thailand, and Turkey. breadth and depth of the underlying although it has a much lower average Based on EEM’s share price of $47.06 market, that the index referenced by the daily trading volume than its analogue, and MXEF’s index level of 1,136.45, ETF would be considered a broad-based the QQQQ. Therefore, CBOE concluded approximately 24 contracts of EEM 22 index. CBOE argued that if certain and the Exchange agrees it was equals one contract of MXEF. MXEF is position limits are appropriate for the reasonable to increase the positon [sic] currently subject to the standard options overlying the same index or is limit for options on the QQQQ from position limit of 25,000 contracts for an analogue to the basket of securities 900,000 to 1,800,000 contracts. broad-based index options. Based on the that the ETF tracks, then those same IWM above comparison of notional values, economically equivalent position limits this would result in a position limit The iShares Russell 2000 ETF or should be appropriate for the option economically equivalent to 604,000 IWM, is an ETF that also tracks the overlying the ETF. In addition, CBOE contracts for EEM as MXEF’s analogue. Russell 2000 Index or RUT, which is an observed, the market capitalization of However, MXEF has an average daily index that is composed of 2,000 small- the underlying index or reference asset trading volume of 180 contracts. EEM is cap domestic companies in the Russell is large enough to absorb any price currently subject to a position limit of 3000 index. Options on RUT are movements that may be caused by an 500,000 contracts but has a much higher currently subject to no position limits oversized trade. Also, the Authorized average daily trading volume of 287,357 but share similar trading characteristics Participant or issuer may look to the contracts. Furthermore, MXEF currently as IWM. Based on IWM’s share price of stocks comprising the analogous has a market capitalization of $5.18 $144.77 and RUT’s index level of underlying index or reference asset trillion and EEM has a market 1,486.88, approximately 10 contracts of when seeking to create additional ETF capitalization of $34,926.1 million, and IWM equals one contract of RUT. the component securities of MXEF, in shares are part of the creation/ Assume that RUT was subject to the redemption process to address supply aggregate, have traded an average of 33.6 standard position limit of 25,000 billion shares per day in 2017, both and demand or to mitigate the price contracts for broad-based index options movement the price of the ETF. CBOE large enough to absorb any price under Exchange Rule 24.4(a). Based on movement cause by a large trade in the offered the following specific examples the above comparison of notional to illustrate: EEM. Therefore, based on the comparison of average daily trading 23 CBOE stated that all share prices used in its 22 CBOE Rule 24.4 and Exchange Rule 1001A(a) analysis were based on the closing price of the volume, CBOE believed and the set forth the CBOE and the Phlx position limits for security on November 16, 2017 and cited Yahoo Exchange agrees that it is reasonable to broad-based index options. Finance as the source. increase the positon [sic] limit for

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options on the IWM from 500,000 to EWZ average daily trading volume of 6.6 1,000,000 contracts. EWZ tracks the performance of the million shares. Based on the above comparisons, CBOE believed and the EFA MSCI Brazil 25/50 Index, which is composed of shares of large and mid- Exchange agrees that it is reasonable to EFA tracks the performance of MSCI size companies in Brazil. There is increase the positon [sic] limit for options on EWJ from 250,000 to 500,000 EAFE Index or MXEA, which has over currently no index analogue for EWZ contracts. 900 component securities designed to approved for options trading. However, represent the performance of large and the MSCI Brazil 25/50 Index currently Phlx Analysis and Conclusions mid-cap securities across 21 developed has a market capitalization of $700 Phlx has reviewed the CBOE analysis markets, including countries in Europe, billion and EWZ has a market set forth above. On the basis of that Australasia and the Far East, excluding capitalization of $6,023.4 million, both analysis Phlx believes that market the U.S. and Canada. Based on EFA’s large enough to absorb any price participants’ trading activity could be share price of $69.16 and MXEA’s index movement cause by a large trade in adversely impacted by the current level of 1,986.15, approximately 29 EWZ. The components of the MSCI position limits for FXI, EFA, EWZ, TLT contracts of EFA equals one contract of Brazil 25/50 Index, in aggregate, have an and EWJ and such limits may cause MXEA. MXEA is currently subject to the average daily trading volume of 285 options trading in these symbols to standard position limit of 25,000 million shares. EWZ is currently subject move from exchanges to the over-the- contracts for broad-based index options. to a position limit of 250,000 contracts counter market. The above trading Based on the above comparison of but has a much higher average daily characteristics of FXI, EFA, EWZ, TLT notional values, this would result in a trading volume of 17.08 million shares. and EWJ are either similar to those of positon [sic] limit economically Based on the above comparisons, CBOE EEM and IWM or sufficiently active so equivalent to 721,000 contracts for EFA believed and the Exchange agrees that it that the proposed limit would continue as MXEA’s analogue. Furthermore, is reasonable to increase the positon to address potential manipulation that MXEA currently has a market [sic] limit for options on the EWZ from may arise. Specifically, EFA has far capitalization of $18.7 trillion and EFA 250,000 to 500,000 contracts. more shares outstanding and a larger has a market capitalization of $78,870.3 TLT fund market cap than EEM, IWM, and million, and the component securities of QQQQ. EWJ has more shares MXEA, in aggregate, have traded an TLT tracks the performance of ICE outstanding than IWM and only slightly average of 4.6 billion shares per day in U.S. Treasury 20+ Year Bond Index, fewer shares outstanding than QQQQ. 2017, both large enough to absorb any which is composed of long-term U.S. On the other hand, while FXI, EWZ price movement cause by a large trade Treasury bonds. There is currently no and TLT do not exceed EEM, IWM or in the EEM. However, MXEA has an index analogue for TLT approved for QQQQ in any of the specified areas, average daily trading volume of 270 options trading. However, the U.S. they are all actively trading so that contracts. EFA is currently subject to a Treasury market is one of the largest and market participants’ trading activity has position limit of 250,000 contracts but most liquid markets in the world, with been impacted by them being restricted has a much higher average daily trading over $14 trillion outstanding and by the current position limits. The volume of 98,844 contracts. Based on turnover of approximately $500 billion Exchange believes that the trading the above comparisons, CBOE believed per day. TLT currently has a market activity and these securities being based and the Exchange agrees that it is capitalization of $7,442.4 million, both on a broad basket of underlying reasonable to increase the positon [sic] large enough to absorb any price securities alleviates concerns as to any limit for options on the EFA from movement cause by a large trade in TLT. potential manipulative activity that may 250,000 to 500,000 contracts. Therefore, the potential for arise. In addition, as discussed in more manipulation will not increase solely detail below, the Exchange’s existing FXI due the increase in position limits as set surveillance procedures and reporting forth in the proposed rule change. Based requirements at the Exchange, at other FXI tracks the performance of the on the above comparisons, CBOE options exchanges, and at the several FTSE China 50 Index, which is believed and the Exchange agrees it is clearing firms are capable of properly composed of the 50 largest Chinese reasonable to increase the positon [sic] identifying unusual and/or illegal stocks. There is currently no index limit for options on the TLT from trading activity. analogue for FXI approved for options 250,000 to 500,000 contracts. On the basis of CBOE’s analysis Phlx trading. However, the FTSE China 50 also believes that market participants’ Index currently has a market EWJ trading activity could be adversely capitalization of $1.7 trillion and FXI EWJ tracks the MSCI Japan Index, impacted by the current position limits has a market capitalization of $2,623.18 which tracks the performance of large for EEM, IWM and QQQQ. As discussed million, both large enough to absorb any and mid-sized companies in Japan. above, EEM, IWM and QQQQ have price movement cause by a large trade There is currently no index analogue for similar trading characteristics. in FXI. The components of the FTSE EWJ approved for options trading. Subjecting EEM and IWM to the China 50 Index, in aggregate, have an However, the MSCI Japan Index has a proposed higher position limit would average daily trading volume of 2.3 market capitalization of $3.5 trillion and continue be designed to address billion shares. FXI is currently subject to EWJ has a market capitalization of potential manipulate [sic] schemes that a position limit of 250,000 contracts but $16,625.1 million, and the component may arise from trading in the options has a much higher average daily trading securities of the MSCI Japan Index, in and their underlying securities. The volume of 15.08 million shares. Based aggregate, have traded an average of 1.1 trading characteristics for QQQQ on the above comparisons, CBOE billion shares per day in 2017, both described above, when compared to believed, and that Exchange agrees, that large enough to absorb any price EEM and IWM, also justify increasing it is reasonable to increase the positon movement cause by a large trade in EWJ. the position limit for QQQQ. QQQQ has [sic] limit for options on the FXI from EWJ is currently subject to a position a higher options ADV than EEM and 250,000 to 500,000 contracts. limit of 250,000 contracts and has an IWM, a higher numbers [sic] of shares

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outstanding than IWM and a much Furthermore, large stock holdings designed to encourage ROTs and higher market cap than EEM and IWM must be disclosed to the Commission by specialists to shift liquidity from over which justify doubling the positon [sic] way of Schedules 13D or 13G.26 The the counter markets onto the Exchange, limit for QQQQ. Based on these positions for options subject to this which will enhance the process of price statistics, the proposed position limit proposal are part of any reportable discovery conducted on the Exchange coupled with QQQQ’s trading behavior positions and, thus, cannot be legally through increased order flow. The would continue to address potential hidden. Moreover, the Exchange’s proposal will also benefit institutional manipulative schemes and adverse requirement that members and member investors as well as retail traders, and market impact surrounding the use of organizations file reports with the public customers, by providing them options and trading in its [sic] Exchange for any customer who held with a more effective trading and underlying the options. aggregate large long or short positions of hedging vehicle. In addition, the Exchange believes that the structure of The Exchange believes that increasing any single class for the previous day the ETFs subject to this proposal and the position limits for the options will continue to serve as an important part of the Exchange’s surveillance the considerable liquidity of the market subject to this proposal would lead to a for options on those ETFs diminishes more liquid and competitive market efforts. The Exchange believes that the the opportunity to manipulate this environment for these options, which current financial requirements imposed product and disrupt the underlying will benefit customers interested in this by the Exchange and by the Commission market that a lower position limit may product. Under the proposal, the adequately address concerns that a protect against. reporting requirement for the above member organization or its customer Increased position limits for select options would be unchanged. Thus, the may try to maintain an inordinately actively traded options, such as that Exchange would still require that each large un-hedged position in the options proposed herein, is not novel and has member and member organization that subject to this proposal. Current margin been previously approved by the maintains a position in the options on and risk-based haircut methodologies Commission. For example, the the same side of the market, for its own serve to limit the size of positions Commission has previously approved, account or for the account of a maintained by any one account by on a pilot basis, eliminating position customer, report certain information to 31 increasing the margin and/or capital limits for certain options. the Exchange. This information would that a member organization must Additionally, the Commission has include, but would not be limited to, the maintain for a large position held by approved similar proposed rule changes options’ position, whether such position itself or by its customer.27 In addition, to increase position limits for options on is hedged and, if so, a description of the 32 Rule 15c3–1 28 imposes a capital charge highly liquid, actively-traded ETFs, hedge, and the collateral used to carry on member organizations to the extent including a proposal to permanently the position, if applicable. Registered of any margin deficiency resulting from eliminate the position and exercise option traders (‘‘ROTs’’) and specialists the higher margin requirement. limits for options overlaying the S&P would continue to be exempt from this 500 Index, S&P 100 Index, Dow Jones reporting requirement, as ROT and 2. Statutory Basis Industrial Average, Nasdaq 100 Index, specialist information can be accessed The Exchange believes that its and the Russell 2000(R) Index 33 through the Exchange’s market proposal is consistent with Section 6(b) (‘‘RUT’’). In approving the permanent surveillance systems. In addition, the of the Act,29 in general, and furthers the elimination of position and exercise general reporting requirement for objectives of Section 6(b)(5) of the Act,30 limits for these index options, the customer accounts that maintain an in particular, in that it is designed to Commission relied heavily upon the aggregate position of 200 or more promote just and equitable principles of Exchange’s surveillance capabilities, options contracts would remain at this trade, to remove impediments to and and the Commission expressed trust in level for the options subject to this the enhanced surveillance and reporting 24 perfect the mechanism of a free and proposal. open market and a national market safeguards that the Exchange took in The Exchange believes that the system, and, in general to protect order to detect and deter possible existing surveillance procedures and investors and the public interest. As manipulative behavior which might reporting requirements at the Exchange, noted above, the Commission has 31 See Securities Exchange Act Release Nos. other options exchanges, and at the recently approved increasing position 67672 (August 15, 2012), 77 FR 50750 (August 22, several clearing firms are capable of limits to the levels proposed herein on 2012) (SR–NYSEAmex–2012–29); 67937 properly identifying unusual and/or the same ETF options on the CBOE. The (September 27, 2012), 77 FR 60489 (October 3, illegal trading activity. In addition, Exchange believes that the proposed 2012) (SR–CBOE–2012–091). 32 See Securities Exchange Act Release Nos. routine oversight inspections of the position limits would continue to 68086 (October 23, 2012), 77 FR 65600 (October 29, Exchange’s regulatory programs by the address potential manipulative activity 2012) (SR–CBOE–2012–066); 64928 (July 20, 2011), Commission have not uncovered any while allowing for potential hedging 76 FR 44633 (July 26, 2011) (SR–CBOE–2011–065); material inconsistencies or activity for appropriate economic 64695 (June 17, 2011), 76 FR 36942 (June 23, 2011) (SR–PHLX–2011–58); and 55176 (January 25, 2007), shortcomings in the manner in which purposes. 72 FR 4741 (February 1, 2017) (SR–CBOE– 2007– the Exchange’s market surveillance is The current position limits for the 008.). conducted. These procedures utilize options subject to this proposal have 33 See Securities Exchange Act Release Nos. daily monitoring of market movements inhibited the ability of ROTs and 44994 (October 26, 2001), 66 FR 55722 (November 2, 2001) (SR–CBOE–2001–22) (elimination of via automated surveillance techniques specialists to make markets on the position and exercise limits on SPX, OEX, and DJX to identify unusual activity in both Exchange. Specifically, the proposal is options) (‘‘SPX, OEX, and DJX Position Limit options and underlying stocks.25 Elimination Approval Order’’); 52650 (October 21, 26 17 CFR 240.13d–1. 2005), 70 FR 62147 (October 28, 2005) (SR–CBOE– 27 2005–41) (elimination of position and exercise 24 See Exchange Rule 1003 for reporting See Exchange Rule 721 for a description of limits on NDX options) (‘‘NDX Position Limit requirements. margin requirements. Elimination Approval Order’’); 56651 (October 12, 25 These procedures have been effective for the 28 17 CFR 240.15c3–1. 2007), 72 FR 59130 (October 18, 2007) (SR–Phlx– surveillance of trading the options subject to this 29 15 U.S.C. 78f(b). 2007–71) (‘‘RUT Position Limit Elimination proposal and will continue to be employed. 30 15 U.S.C. 78f(b)(5). Approval Order’’).

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arise from eliminating position and A proposed rule change filed • Send an email to rule-comments@ exercise limits.34 Furthermore, as pursuant to Rule 19b–4(f)(6) under the sec.gov. Please include File Number SR– described more fully above, options on Act 38 normally does not become Phlx–2018–24 on the subject line. other ETFs have the position limits operative for 30 days after the date of its Paper Comments proposed herein and those ETFs have filing. However, Rule 19b–4(f)(6)(iii) 39 trading characteristics and trading permits the Commission to designate a • Send paper comments in triplicate volumes that are similar to those of the shorter time if such action is consistent to Secretary, Securities and Exchange ETFs subject to this proposed rule with the protection of investors and the Commission, 100 F Street NE, change. public interest. The Exchange has asked Washington, DC 20549–1090. Last, the Commission has expressed the Commission to waive the 30-day All submissions should refer to File the belief that removing position and operative delay so that the proposed Number SR–Phlx–2018–24. This file exercise limits may bring additional rule change may become effective and number should be included on the depth and liquidity without increasing operative upon filing. The Exchange subject line if email is used. To help the concerns regarding intermarket states that waiver of the operative delay Commission process and review your manipulation or disruption of the would permit the Exchange to comments more efficiently, please use options or the underlying securities.35 immediately implement the proposed only one method. The Commission will The Exchange’s enhanced surveillance rule change to increase the position post all comments on the Commission’s and reporting safeguards continue to be limits as proposed herein and thereby internet website (http://www.sec.gov/ designed to deter and detect possible seamlessly continue to offer traders and rules/sro.shtml). Copies of the manipulative behavior which might the investing public the ability to use submission, all subsequent arise from eliminating position and these products as effective hedging and amendments, all written statements exercise limits. trading vehicles. The Exchange further with respect to the proposed rule states that waiver would allow the B. Self-Regulatory Organization’s change that are filed with the Exchange to remain competitive with Statement on Burden on Competition Commission, and all written other exchanges. The Commission communications relating to the The Exchange does not believe that believes that waiving the 30-day proposed rule change between the the proposed rule change will impose operative delay is consistent with the Commission and any person, other than any burden on competition not protection of investors and the public those that may be withheld from the necessary or appropriate in furtherance interest. Therefore, the Commission public in accordance with the of the purposes of the Act. On the hereby waives the operative delay and provisions of 5 U.S.C. 552, will be contrary, the Exchange believes that the designates the proposal as operative available for website viewing and proposed rule change will result in upon filing.40 printing in the Commission’s Public additional opportunities to achieve the At any time within 60 days of the Reference Room, 100 F Street NE, investment and trading objectives of filing of the proposed rule change, the Washington, DC 20549 on official market participants seeking efficient Commission summarily may business days between the hours of trading and hedging vehicles, to the temporarily suspend such rule change if 10:00 a.m. and 3:00 p.m. Copies of such benefit of investors, market participants, it appears to the Commission that such filing also will be available for and the marketplace in general. action is necessary or appropriate in the inspection and copying at the principal C. Self-Regulatory Organization’s public interest, for the protection of office of the Exchange. All comments Statement on Comments on the investors, or otherwise in furtherance of received will be posted without change. Proposed Rule Change Received From the purposes of the Act. If the Persons submitting comments are Members, Participants, or Others Commission takes such action, the cautioned that we do not redact or edit Commission shall institute proceedings personal identifying information from No written comments were either to determine whether the proposed rule comment submissions. You should solicited or received. should be approved or disapproved. submit only information that you wish III. Date of Effectiveness of the to make available publicly. All IV. Solicitation of Comments Proposed Rule Change and Timing for submissions should refer to File Commission Action Interested persons are invited to Number SR–Phlx–2018–24, and should be submitted on or before April 18, Because the proposed rule change submit written data, views, and 2018. does not (i) significantly affect the arguments concerning the foregoing, protection of investors or the public including whether the proposed rule For the Commission, by the Division of interest; (ii) impose any significant change is consistent with the Act. Trading and Markets, pursuant to delegated 41 burden on competition; and (iii) become Comments may be submitted by any of authority. operative for 30 days from the date on the following methods: Eduardo A. Aleman, which it was filed, or such shorter time Electronic Comments Assistant Secretary. as the Commission may designate, it has [FR Doc. 2018–06140 Filed 3–27–18; 8:45 am] • become effective pursuant to Section Use the Commission’s internet BILLING CODE 8011–01–P 19(b)(3)(A) of the Act 36 and Rule 19b– comment form (http://www.sec.gov/ 4(f)(6) thereunder.37 rules/sro.shtml); or SECURITIES AND EXCHANGE 34 Id. of filing of the proposed rule change, or such COMMISSION 35 Id. shorter time as designated by the Commission. 36 15 U.S.C. 78s(b)(3)(A). 38 17 CFR 240.19b–4(f)(6). Sunshine Act Meeting; Cancellation 37 17 CFR 240.19b–4(f)(6). As required under Rule 39 17 CFR 240.19b–4(f)(6)(iii). 19b–4(f)(6)(iii), the Exchange provided the 40 For purposes only of waiving the 30-day FEDERAL REGISTER CITATION OF PREVIOUS Commission with written notice of its intent to file operative delay, the Commission has also ANNOUNCEMENT: To be published. the proposed rule change, along with a brief considered the proposed rule’s impact on description and the text of the proposed rule efficiency, competition, and capital formation. See change, at least five business days prior to the date 15 U.S.C. 78c(f). 41 17 CFR 200.30–3(a)(12).

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PREVIOUSLY ANNOUNCED TIME AND DATE OF Capped ETF (‘‘EWZ’’), iShares 20+ Year contracts in the symbols subject to this THE MEETING: Thursday, March 29, 2018 Treasury Bond Fund ETF (‘‘TLT’’), proposal are opting to execute those at 2:00 p.m. PowerShares QQQ Trust (‘‘QQQ’’), and trades in the over-the-counter market. CHANGES IN THE MEETING: The Closed iShares MSCI Japan ETF (‘‘EWJ’’). The over-the-counter transactions occur Meeting scheduled for Thursday, March The text of the proposed rule change via bi-lateral agreements, the terms of 29, 2018 at 2:00 p.m., has been is available on the Exchange’s website at which are not publicly disclosed to cancelled. http://www.miaxoptions.com/rule- other market participants. Therefore, CONTACT PERSON FOR MORE INFORMATION: filings/ at MIAX Options’ principal these large trades do not contribute to For further information and to ascertain office, and at the Commission’s Public the price discovery process performed what, if any, matters have been added, Reference Room. on a lit market. Position limits are designed to deleted or postponed, please contact II. Self-Regulatory Organization’s address potential manipulative schemes Brent J. Fields of the Office of the Statement of the Purpose of, and and adverse market impact surrounding Secretary at (202) 551–5400. Statutory Basis for, the Proposed Rule the use of options, such as disrupting Change Dated: March 23, 2018. the market in the security underlying Brent J. Fields, In its filing with the Commission, the the options. The potential manipulative Secretary. Exchange included statements schemes and adverse market impact are [FR Doc. 2018–06294 Filed 3–26–18; 11:15 am] concerning the purpose of and basis for balanced against the potential of setting BILLING CODE 8011–01–P the proposed rule change and discussed the limits so low as to discourage any comments it received on the participation in the options market. The proposed rule change. The text of these level of those position limits must be SECURITIES AND EXCHANGE statements may be examined at the balanced between curtailing potential COMMISSION places specified in Item IV below. The manipulation and the cost of preventing Exchange has prepared summaries, set potential hedging activity that could be [Release No. 34–82931; File No. SR–MIAX– forth in sections A, B, and C below, of 2018–10] used for legitimate economic purposes. the most significant aspects of such Position limits for options on ETFs, Self-Regulatory Organizations; Miami statements. such as those subject to this proposal are determined pursuant to Exchange International Securities Exchange, A. Self-Regulatory Organization’s Rule 307, and vary according to the LLC; Notice of Filing and Immediate Statement of the Purpose of, and number of outstanding shares and the Effectiveness of a Proposed Rule Statutory Basis for, the Proposed Rule trading volume of the underlying stocks Change To Amend Exchange Rule 307, Change Position Limits, and Exchange Rule or ETFs over the past six-months. The 309, Exercise Limits 1. Purpose Exchange notes that the ETFs that The purpose of the proposed rule underlie options subject to this proposal March 22, 2018. change is to amend Exchange Rules 307, are highly liquid, and are based on a Pursuant to the provisions of Section Position Limits, Interpretations and broad set of highly liquid securities and 19(b)(1) of the Securities Exchange Act Policies .01, and 309, Exercise Limits, other reference assets. Likewise, the of 1934 (‘‘Act’’) 1 and Rule 19b–4 Commission has recognized the 2 Interpretations and Policies .01, to thereunder, notice is hereby given that increase position and exercise limits, liquidity of the securities comprising on March 8, 2018, Miami International respectively, for options on the the underlying interest of the SPDR S&P Securities Exchange, LLC (‘‘MIAX following ETFs: FXI, EEM, IWM, EFA, 500 ETF (‘‘SPY’’) in permitting no Options’’ or the ‘‘Exchange’’) filed with position limits on SPY options since EWZ, TLT, QQQ, EWJ. 4 the Securities and Exchange Market participants’ trading activity 2012, and expanded position limits for Commission (‘‘Commission’’) a has been adversely impacted by the options on EEM, IWM and QQQ. proposed rule change as described in current position limits as such limits The largest in capitalization and the Items I and II below, which Items have have caused options trading in the most frequently traded stocks and ETFs been prepared by the Exchange. The symbols subject to this proposal to move have an option position limit of 250,000 contracts (with adjustments for splits, Commission is publishing this notice to from exchanges to the over-the-counter re-capitalizations, etc.) on the same side solicit comments on the proposed rule market. The Exchange submits this of the market; and smaller capitalization change from interested persons. proposal with the understanding that stocks and ETFs have position limits of market participants’ on-exchange I. Self-Regulatory Organization’s 200,000, 75,000, 50,000 or 25,000 activity has been hindered by the Statement of the Terms of the Substance contracts (with adjustments for splits, existing position limits, causing them to of the Proposed Rule Change re-capitalizations, etc.) on the same side be unable to provide additional The Exchange is filing a proposal to of the market. Options on FXI, EFA, liquidity not just on the Exchange, but amend Exchange Rules 307, Position EWZ, TLT, and EWJ are currently also on other options exchanges on Limits, Interpretations and Policies .01, subject to the standard position limit of which they participate.3 The Exchange and 309, Exercise Limits, Interpretations 250,000 contracts, as set forth in understands that certain market and Policies .01, to increase the position Exchange Rule 307. Interpretation and participants wishing to make trades and exercise limits for options on the Policy .01 of Exchange Rule 307 sets involving a large number of options following exchange traded funds forth separate position limits for options on specific ETFs as follows: (‘‘ETFs’’): iShares China Large-Cap ETF 3 Cboe has received approval from the • Options on EEM are 500,000 (‘‘FXI’’), iShares MSCI Emerging Commission for its proposed rule change to Markets ETF (‘‘EEM’’), iShares Russell increase its position limits for the following ETFs: contracts; 2000 ETF (‘‘IWM’’), iShares MSCI EAFE FXI, EEM, IWM, EFA, EWZ, TLT, QQQ, EWJ. See ETF (‘‘EFA’’), iShares MSCI Brazil Securities Exchange Act Release No. 82770 4 See Securities Exchange Act Release Nos. 67672 (February 23, 2018) (Order Granting Accelerated (August 15, 2012), 77 FR 50750 (August 22, 2012) Approval of a Proposed Rule Change, as Modified (SR–NYSEAmex–2012–29); 67937 (September 27, 1 15 U.S.C. 78s(b)(1). by Amendment Nos. 1 and 2) (SR–CBOE–2017– 2012), 77 FR 60489 (October 3, 2012) (SR–CBOE– 2 17 CFR 240.19b–4. 057). 2012–091).

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• Options on IWM are 500,000 • The position and exercise limits for which is composed of 2,000 small-cap contracts; and options on EEM would be increased domestic stocks.10 EFA tracks the • Options on QQQ are 900,000 from 500,000 contracts to 1,000,000 performance of MSCI EAFE Index, contracts. contracts; which has over 900 component • Interpretation and Policy .01 of The position and exercise limits for securities.11 The MSCI EAFE Index is Exchange Rule 307 also sets forth options on IWM would be increased designed to represent the performance separate position limits for options on from 500,000 contracts to 1,000,000 of large and mid-cap securities across 21 contracts; and developed markets, including countries SPY (no limit) and options on DIA • (300,000 contracts). However, the The position and exercise limits for in Europe, Australasia and the Far East, Exchange is not proposing to modify the options on QQQ would be increased excluding the U.S. and Canada.12 EWZ position limits for options on SPY or from 900,000 contracts to 1,800,000 tracks the performance of the MSCI DIA. contracts. Brazil 25/50 Index, which is composed The Exchange’s proposal mirrors that of shares of large and mid-size The purpose of this proposal is to of the Cboe Exchange, Inc. (‘‘Cboe’’), amend Rules 307, Position Limits, companies in Brazil.13 TLT tracks the which seeks to increase the position and performance of ICE U.S. Treasury 20+ Interpretations and Policies .01, and exercise limits for FXI, EEM, IWM, EFA, 309, Exercise Limits, Interpretations and Year Bond Index, which is composed of EWZ, TLT, QQQ, and EWJ which was long-term U.S. Treasury bonds.14 QQQ Policies .01 to double the position and 5 filed by Cboe on August, 15, 2017. tracks the performance of the Nasdaq- exercise limits for FXI, EEM, IWM, EFA, In support of this proposal, the 100 Index, which is composed of 100 of EWZ, TLT, QQQ, and EWJ. As such, Exchange represents that the above- the largest domestic and international options on FXI, EFA, EWZ, TLT, and listed ETFs qualify for either: (i) The nonfinancial companies listed on the EWJ would no longer be subject to the initial listing criteria set forth in Nasdaq Stock Market LLC (‘‘Nasdaq’’).15 standard position and exercise limits as Exchange Rule 402(i)(E)(2) for ETFs EWJ tracks the MSCI Japan Index, which set forth under Exchange Rules 307 and holding non-U.S. component securities; tracks the performance of large and mid- 309. Accordingly, Interpretations and or (ii) for ETFs listed pursuant to sized companies in Japan.16 Policies .01 to Exchange Rule 307 and generic listing standards for series of Interpretations and Policies .01 to portfolio depository receipts and index MIAX Options represents that more Exchange Rule 309 would be amended fund shares based on international or than 50% of the weight of the securities to set forth that the position and global indexes under which a held by the options subject to this exercise limits for options on FXI, EFA, comprehensive surveillance agreement proposal are also subject to a CSA.17 EWZ, TLT, and EWJ would be 500,000 (‘‘CSA’’) is not required.6 Additionally, the component securities contracts. These position and exercise FXI tracks the performance of the of the MSCI Emerging Markets Index on limits equal the current position and FTSE China 50 Index, which is which EEM is based for which the exercise limits for options on IWM and composed of the 50 largest Chinese primary market is in any one country EEM and are similar to the current stocks.7 EEM tracks the performance of that is not subject to a CSA do not position and exercise limits for options the MSCI Emerging Markets Index, represent 20% or more of the weight of on QQQ, as set forth in Interpretations which is composed of approximately the MSCI Emerging Markets Index.18 and Policies .01 to Exchange Rule 307 800 component securities.8 The MSCI Finally, the component securities of the and Interpretations and Policies .01 to Emerging Markets Index consists of the MSCI Emerging Markets Index on which Exchange Rule 309. following 21 emerging market country EEM is based, for which the primary Interpretations and Policies .01 to indices: Brazil, Chile, China, Colombia, market is in any two countries that are Exchange Rule 307 and Interpretations Czech Republic, Egypt, Hungary, India, not subject to CSAs do not represent and Policies .01 to Exchange Rule 309 Indonesia, Korea, Malaysia, Mexico, 33% of more of the weight of the MSCI would be further amended to increase Morocco, Peru, Philippines, Poland, Emerging Markets Index.19 the position and exercise limits for the Russia, South Africa, Taiwan, Thailand, In support of this proposal, the remaining options subject to this and Turkey.9 IWM tracks the following trading statistics have been proposal as follows: performance of the Russell 2000 Index, compiled.

Shares Fund ETF 2017 2017 outstanding market cap ADV ADV (million) ($million)

FXI ...... 15.08 71,944 78.6 3,343.6 EEM ...... 52.12 287,357 797.4 34,926.1 IWM ...... 27.46 490,070 253.1 35,809.1 EFA ...... 19.42 98,844 1,178.4 78,870.3 EWZ ...... 17.08 95,152 159.4 6,023.4 TLT ...... 8.53 80,476 60.0 7,442.4

5 See Securities Exchange Act Release No. 81483 options. See Exchange Rule 402(i)(E)(2); Exchange 12 See https://www.msci.com/eafe. (August 25, 2017), 82 FR 41457 (August 31, 2017) Rule 403(g). 13 See https://www.ishares.com/us/products/ (SR–CBOE–2017–057 Notice of Filing of a Proposed 7 See https://www.ishares.com/us/products/ 239612/ishares-msci-brazil-capped-etf. Rule Change To Amend Interpretation and Policy 239536/ishares-china-largecap-etf. 14 See https://www.ishares.com/us/products/ .07 of Exchange Rule 4.11, Position Limits, To 8 See http://us.ishares.com/productinfo/fund/ 239454/. Increase the Position Limits for Options on Certain overview/EEM.htm. 15 See https://indexes.nasdaqomx.com/Index/ ETFs). See also SR–CBOE–2017–057, Partial 9 See http://www.msci.com/products/indices/ Overview/NDX . Amendment No. 1 (November 22, 2017). tools/index.html#EM. 16 See https://www.ishares.com/us/products/ 6 The Exchange notes that the initial listing 10 See https://www.ishares.com/us/products/ 239665/EWJ. criteria for options on ETFs that hold non-U.S. 239710/ishares-russell-2000-etf. 17 See Exchange Rule 402(i)(E)(2)(ii). component securities are more stringent than the 11 See https://www.ishares.com/us/products/ 18 See Exchange Rule 402(i)(E)(2)(ii)(B). maintenance listing criteria for those same ETF 239623/. 19 See Exchange Rule 402(i)(E)(2)(ii)(C).

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Shares Fund ETF 2017 2017 outstanding market cap ADV ADV (million) ($million)

QQQ ...... 26.25 579,404 351.6 50,359.7 EWJ ...... 6.06 4,715 303.6 16,625.1

The Exchange believes that the analogous underlying index or reference subject to no position limits but share liquidity in the underlying ETFs, and asset when seeking to create additional similar trading characteristics as IWM.23 the liquidity in the ETF options support ETF shares which are part of the Based on IWM’s share price of $144.77 its request to increase the position limits creation/redemption process to address and RUT’s index level of 1,486.88, for the options subject to this proposal. supply and demand or to mitigate the approximately 10 contracts of IWM As to the underlying ETF shares, price movement of the price of the ETF. equals one contract of RUT. Assume through July 31, 2017, the year-to-date For example, the PowerShares QQQ that RUT was subject to the standard average daily trading volume was: Trust or QQQ is an ETF that tracks the position limit of 25,000 contracts for (i) FXI across all exchanges was 15.08 Nasdaq 100 Index or NDX, which is an broad-based index options under million shares; (ii) EEM across all index composed of 100 of the largest Exchange Rule 1804(a). Based on the exchanges was 52.12 million shares; non-financial securities listed on the above comparison of notional values, (iii) IWM across all exchanges was 27.46 Nasdaq Stock Market LLC (‘‘Nasdaq’’). this would result in a position limit million shares; (iv) EFA across all Options on NDX are currently subject to equivalent to 250,000 contracts for IWM exchanges was 19.42 million shares; no position limits but share similar as RUT’s analogue. However, RUT is not (v) EWZ across all exchanges was 17.08 trading characteristics as QQQ.21 Based subject to position limits and has an million shares; (vi) TLT across all on QQQ’s share price of $154.54 22 and average daily trading volume of 66,200 exchanges was 8.53 million shares; NDX’s index level of 6,339.14, contracts. IWM is currently subject to a (vii) QQQ across all exchanges was approximately 40 contracts of QQQ position limit of 500,000 contracts but 26.25 million shares; and (vii) EWJ equals one contract of NDX. Assume has a much higher average daily trading across all exchanges was 6.06 million that NDX was subject to the standard volume of 490,070 contracts. The shares. position limit of 25,000 contracts for Commission has approved no position In proposing the increased position broad-based index options under limit for RUT, although it has a much limits, the Exchange considered the Exchange Rule 1804(a). Based on the lower average daily trading volume than availability of economically equivalent above comparison of notional values, its analogue, the IWM. Furthermore, products and their respective position this would result in a position limit RUT currently has a market limits. For instance, some of the ETFs equivalent to 1,000,000 contracts for capitalization of $2.4 trillion and IWM underlying options subject to this QQQ as NDX’s analogue. However, NDX has a market capitalization of $35,809.1 proposal are based on broad-based is not subject to position limits and has million, and the component securities of indices that underlie cash settled an average daily trading volume of RUT, in aggregate, have traded an options that are economically 15,300 contracts. QQQ is currently average of 270 million shares per day in equivalent to the ETF options that are subject to a position limit of 900,000 2017, both large enough to absorb any the subject of this proposal and have no contracts but has a much higher average price movement caused by a large trade position limits. Other ETFs are based on daily trading volume of 579,404 in the IWM. Therefore, the Exchange broad-based indexes that underlie cash- contracts. Furthermore, NDX currently believes it is reasonable to increase the settled options with position limits has a market capitalization of $17.2 position limit for options on the IWM reflecting notional values that are larger trillion and QQQ has a market from 500,000 to 1,000,000 contracts. than the current position limits for ETF capitalization of $50,359.7 million, and EEM tracks the performance of the analogues (EEM, EFA). Where there was the component securities of NDX, in MSCI Emerging Markets Index or MXEF, no approved index analogue, the aggregate, have traded an average of 440 which is composed of approximately 800 component securities following 21 Exchange believes, based on the million shares per day in 2017, both emerging market country indices: Brazil, liquidity, breadth and depth of the large enough to absorb any price Chile, China, Colombia, Czech Republic, underlying market, that the index movement caused by a large trade in the Egypt, Hungary, India, Indonesia, Korea, referenced by the ETF would be QQQ. The Commission has also 20 Malaysia, Mexico, Morocco, Peru, considered a broad-based index. The approved no position limit for NDX, Philippines, Poland, Russia, South Exchange argues that if certain position although it has a much lower daily Africa, Taiwan, Thailand, and Turkey. limits are appropriate for the options trading volume than its analogue, the Below makes the same notional value overlying the same index or is an QQQ. Therefore, the Exchange believes comparisons as made above. Based on analogue to the basket of securities that it is reasonable to increase the position EEM’s share price of $47.06 and MXEF’s the ETF tracks, then those same limit for options on the QQQ from index level of 1,136.45, approximately economically equivalent position limits 900,000 to 1,800,000 contracts. 24 contracts of EEM equals one contract should be appropriate for the option The iShare [sic] Russell 2000 ETF or of MXEF. Assume that MXEF was overlying the ETF. In addition, the IWM, is an ETF that also tracks the subject to the standard position limit of market capitalization of the underlying Russell 2000 index or RUT, which is an 25,000 contracts for broad-based index index or reference is large enough to index composed of 2,000 small-cap options under Exchange Rule 1804(a). absorb any price movements that may domestic companies in the Russell 3000 Based on the above comparison of be caused by an oversized trade. Also, index. Options on RUT are currently the Authorized Participant or issuer notional values, this would result in a position limit economically equivalent may look to the stocks comprising the 21 Id. 22 All share prices used herein are based on the to 604,000 contracts for EEM as MXEF’s 20 Exchange Rule 1804 sets forth the position closing price of the security on November 16, 2017. limits for broad-based index options. Source: Yahoo Finance. 23 See supra note 20.

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analogue. However, MXEF has an million, both large enough to absorb any aggregate, have traded an average of 1.1 average daily trading volume of 180 price movement caused by a large trade billion shares per day in 2017, both contracts. EEM is currently subject to a in FXI. The components of the FTSE large enough to absorb any price position limit of 500,000 contracts but China 50 Index, in aggregate, have an movement caused by a large trade in has a much higher average daily trading average daily trading volume of 2.3 EWJ. EWJ is currently subject to a volume of 287,357 contracts. billion shares. FXI is currently subject to position limit of 250,000 contracts and Furthermore, MXEF currently has a a position limit of 250,000 contracts but has an average daily trading volume of market capitalization of $5.18 trillion has a much higher average daily trading 6.6 million shares. Based on the above and EEM has a market capitalization of volume of 15.08 million shares. Based comparisons, the Exchange believes it is $34,926.1 million, and the component on the above comparisons, the Exchange reasonable to increase the position limit securities of MXEF, in aggregate, have believes it is reasonable to increase the for options on EWJ from 250,000 to traded an average of 33.6 billion shares position limit for options on the FXI 500,000. per day in 2017, both large enough to from 250,000 to 500,000 contracts. The Exchange believes that increasing absorb any price movement caused by a EWZ tracks the performance of the the position limits for the options large trade in the EEM. Therefore, based MSCI Brazil 25/50 Index, which is subject to this proposal would lead to a on the comparison of average daily composed of shares of large and mid- more liquid and competitive market trading volume, the Exchange believes it size companies in Brazil. There is environment for these options, which is reasonable to increase the position currently no index analogue for EWZ will benefit customers interested in limit for options on the EEM from approved for options trading. However, these products. Under the proposal, the 500,000 to 1,000,000 contracts. the MSCI Brazil 25/50 Index currently reporting requirement for the above EFA tracks the performance of the has a market capitalization of $700 options would be unchanged. Thus, the MSCI EAFE Index or MXEA, which has billion and EWZ has a market Exchange would still require that each over 900 component securities designed capitalization of $6,023.4 million, both Member that maintains a position in the to represent the performance of large large enough to absorb any price options on the same side of the market, and mid-cap securities across 21 movement caused by a large trade in for its own account or for the account developed markets, including countries EWZ. The components of the MSCI of a customer, to report certain in Europe, Australia and the Far East, Brazil 25/50 Index, in aggregate, have an information to the Exchange. This excluding the U.S. and Canada. Below average daily trading volume of 285 information would include, but would makes the same notional value million shares. EWZ is currently subject not be limited to, the options’ position, comparison as made above. Based on to a position limit of 250,000 contracts whether such position is hedged and, if EFA’s share price of $69.16 and MXEA’s but has a much higher average daily so, a description of the hedge, and the index level of 1,986.15, approximately trading volume of 17.08 million shares. collateral used to carry the position, if 29 contracts of EFA equals one contract Based on the above comparisons, the applicable. Exchange Market Makers 24 of MXEA. Assume MXEA was subject to Exchange believes it is reasonable to (including Primary Lead Market- the standard position limit of 25,000 increase the position limit for options Makers) 25 would continue to be exempt contracts for broad-based index options on the EWZ from 250,000 to 500,000 from this reporting requirement, as under Exchange Rule 1804(a). Based on contracts. Market Maker information can be the above comparison of notional TLT tracks the performance of ICE accessed through the Exchange’s market values, this would result in a position U.S. Treasury 20+ Year Bond Index, surveillance systems. In addition, the limit economically equivalent to which is composed of long-term U.S. general reporting requirement for 721,000 contracts for EFA as MXEA’s Treasury bonds. There is currently no customer accounts that maintain an analogue. Furthermore, MXEA currently index analogue for TLT approved for aggregate position of 200 or more has a market capitalization of $18.7 options trading. However, the U.S. options contracts would remain at this trillion and EFA has a market Treasury market is one of the largest and level for the options subject to this capitalization of $78,870.3 million, and most liquid markets in the world, with proposal.26 the component securities of MXEA, in over $14 trillion outstanding and The Exchange believes that the aggregate, have traded an average of 4.6 turnover of approximately $500 billion existing surveillance procedures and billion shares per day in 2017, both per day. TLT currently has a market reporting requirements at the Exchange, large enough to absorb any price capitalization of $7,442.4 million, both other options exchanges, and at the movement cause by a large trade in large enough to absorb any price several clearing firms are capable of EFA. However, MXEA has an average movement caused by a large trade in properly identifying unusual and/or daily trading volume of 270 contracts. TLT. Therefore, the potential for illegal trading activity. In addition, EFA is currently subject to a position manipulation will not increase solely routine oversight inspections of the limit of 250,000 contracts but has a due to the increase in position limits as Exchange’s regulatory programs by the much higher average daily trading set forth in this proposal. Based on the Commission have not uncovered any volume of 98,844 contracts. Based on above comparisons, the Exchange material inconsistencies or the above comparisons, the Exchange believes it is reasonable to increase the shortcomings in the manner in which believes it is reasonable to increase the position limit for options on TLT from the Exchange’s market surveillance is position limit for options on the EFA 250,000 to 500,000 contracts. conducted. These procedures utilize from 250,000 to 500,000 contracts. EWJ tracks the MSCI Japan Index, FXI tracks the performance of the which tracks the performance of large 24 The term ‘‘Market Makers’’ refers to ‘‘Lead FTSE China 50 Index, which is and mid-sized companies in Japan. Market Makers’’, ‘‘Primary Lead Market Makers’’ and ‘‘Registered Market Makers’’ collectively. See composed of the 50 largest Chinese There is currently no index analogue for Exchange Rule 100. stocks. There is currently no index EWJ approved for options trading. 25 The term ‘‘Primary Lead Market Maker’’ means analogue for FXI approved for options However, the MSCI Japan Index has a a Lead Market Maker appointed by the Exchange to trading. However, the FTSE China 50 market capitalization of $3.5 trillion and act as the Primary Lead Market Maker for the purposes of making markets in securities traded on Index currently has a market EWJ has a market capitalization of the Exchange. See Exchange Rule 100. capitalization of $1.7 trillion and FXI $16,625.1 million, and the component 26 See Exchange Rule 310 for reporting has a market capitalization of $2,623.18 securities of the MSCI Japan Index, in requirements.

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daily monitoring of market movements Market Makers to make markets on the reporting safeguards that the exchange via automated surveillance techniques Exchange. Specifically, the proposal is took in order to detect and deter to identify unusual activity in both designed to encourage Market Makers to possible manipulative behavior which options and underlying stocks.27 shift liquidity from over the counter might arise from eliminating position Furthermore, large stock holdings must markets onto the Exchange, which will and exercise limits.36 Furthermore, as be disclosed to the Commission by way enhance the process of price discovery described more fully above, options on of Schedules 13D or 13G.28 The conducted on the Exchange through other ETFs have the position limits positions for options subject to this increased order flow. The proposal will proposed herein, but their trading proposal are part of any reportable also benefit institutional investors as volumes are significantly lower than the positions and, thus, cannot be legally well as retail traders, and public ETFs subject to the proposed rule hidden. Moreover, the Exchange’s customers, by providing them with a change. requirement that Members file reports more effective trading and hedging Furthermore, the proposed position with the Exchange for any customer vehicle. In addition, the Exchange limits set forth in this proposal would who held aggregate large long or short believes that the structure of the options continue to address potential positions of any single class for the subject to this proposal and the manipulative activity while allowing for previous day will continue to serve as considerable liquidity of the market for potential hedging activity for an important part of the Exchange’s those options diminishes the appropriate economic purposes. The surveillance efforts. opportunity to manipulate this product creation and redemption process for The Exchange believes that the and disrupt the underlying market that these ETFs also lessens the potential for current financial requirements imposed a lower position limit may protect manipulative activity. When an ETF by the Exchange and by the Commission against. company wants to create more ETF adequately address concerns that a Increased position limits for select shares, it looks to an Authorized Member or its customer may try to actively traded options, such as that Participant, which is a market maker or maintain an inordinately large un- proposed herein, is not novel and has other large financial institution, to hedged position in the options subject been previously approved by the acquire the securities the ETF is to hold. to this proposal. Current margin and Commission. For example, the For instance, IWM is designed to track risk-based haircut methodologies serve Commission has previously approved, the performance of the Russell 2000 to limit the size of positions maintained on a pilot basis, eliminating position Index, the Authorized Participant will by any one account by increasing the limits for options on the SPDR S&P 500 purchase all the Russell 2000 margin and/or capital that a Member ETF (‘‘SPY’’).33 Additionally, the constituent securities in the exact same must maintain for a large position held Commission has approved similar weight as the index, then deliver those by itself or by its customer.29 In proposed rule changes by other shares to the ETF provider. In exchange, addition, Rule 15c3–1 30 imposes a exchanges to increase position and the ETF provider gives the Authorized capital charge on Members to the extent exercise limits for options on highly Participant a block of equally valued of any margin deficiency resulting from liquid, actively-traded ETFs,34 ETF shares, on a one-for-one fair value the higher margin requirement. including a proposal to permanently basis. The price is based on the net asset eliminate the position and exercise value, not the market value at which the 2. Statutory Basis limits for options overlaying the S&P ETF is trading. The creation of new ETF The Exchange believes that its 500 Index, S&P 100 Index, Dow Jones units can be conducted all trading day proposal is consistent with the Industrial Average, and Nasdaq 100 and is not subject to position limits. requirements of the Act and the rules Index.35 In approving the permanent This process can also work in reverse and regulations thereunder that are elimination of position and exercise where the ETF company seeks to applicable to a national securities limits, the Commission relied heavily decrease the number of shares that are exchange, and, in particular, with the upon the exchange’s surveillance available to trade. The creation and requirements of Section 6(b) of the capabilities, the Commission expressed redemption process, therefore, creates a Act.31 Specifically, the proposal is trust in the enhanced surveillance and direct link to the underlying consistent with Section 6(b)(5) of the components of the ETF, and serves to Act 32 because it is designed to prevent 33 See Securities Exchange Act Release Nos. mitigate potential price impact of the fraudulent and manipulative acts and 67672 (August 15, 2012), 77 FR 50750 (August 22, ETF shares that might otherwise result practices, to promote just and equitable 2012) (SR–NYSEAmex–2012–29); 67937 (September 27, 2012), 77 FR 60489 (October 3, from increased position limits. principles of trade, to foster cooperation 2012) (SR–CBOE–2012–091). The ETF creation and redemption and coordination with persons engaged 34 See Securities Exchange Act Release Nos . seeks to keep ETF share prices trading in facilitating transactions in securities, 68086 (October 23, 2012), 77 FR 65600 (October 29, in line with the ETF’s underlying net to remove impediments to, and perfect 2012) (SR–CBOE–2012–066); Securities Exchange asset value. Because an ETF trades like Act Release No. 68478 (December 19, 2012), 77 FR the mechanism of, a free and open 76132 (December 26, 2012) (SR–BOX–2012–023); a stock, its price will fluctuate during market and a national market system Securities Exchange Act Release No. 68398 the trading day, due to simple supply and, in general, to protect investors and (December 11, 2012), 77 FR 74700 (December 17, and demand. If demand to buy an ETF the public interest. The current position 2012) (SR–ISE–2012–093); Securities Exchange Act is high, for instance, the ETF’s share Release No. 68293 (November 27, 2012), 77 FR limits for the options subject to this 71644 (December 3, 2012) (SR–Phlx–2012–132); price might rise above the value of its proposal have inhibited the ability of Securities Exchange Act Release No. 68358 underlying securities. When this (December 5, 2012), 77 FR 73708 (December 11, happens, the Authorized Participant 27 These procedures have been effective for the 2012) (SR–NYSE MKT–2012–071); Securities believes the ETF may now be surveillance of trading the options subject to this Exchange Act Release No. 68359 (December 5, 2012), 77 FR 73716 (December 11, 2012) (SR–NYSE overpriced, and can buy the underlying proposal and will continue to be employed. shares that compose the ETF and then 28 Arca–2012–132); and .69457 (April 25, 2012), 78 FR 17 CFR 240.13d–1. 25502 (May 1, 2013) (SR–MIAX–2013–17). sell the ETF shares on the open market. 29 See Exchange Rule 1502 for a description of 35 See Securities Exchange Act Release Nos. This should help drive the ETF’s share margin requirements. 44994 (October 26, 2001), 66 FR 55722 (November 30 17 CFR 240.15c3–1. 2, 2001) (SR–CBOE–2001–22); 52650 (October 21, price back toward fair value. Likewise, 31 15 U.S.C. 78f(b). 2005), 70 FR 62147 (October 28, 2005) (SR–CBOE– 32 15 U.S.C. 78f(b)(5). 2005–41) (‘‘NDX Approval’’). 36 See NDX Approval at 62149.

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if the ETF starts trading at a discount to C. Self-Regulatory Organization’s At any time within 60 days of the the securities it holds, the Authorized Statement on Comments on the filing of the proposed rule change, the Participant can buy shares of the ETF Proposed Rule Change Received From Commission summarily may and redeem them for the underlying Members, Participants, or Others temporarily suspend such rule change if securities. Buying undervalued ETF Written comments were neither it appears to the Commission that such shares should drive the price of the ETF solicited nor received. action is necessary or appropriate in the back toward fair value. This arbitrage public interest, for the protection of process helps to keep an ETF’s price in III. Date of Effectiveness of the investors, or otherwise in furtherance of line with the value of its underlying Proposed Rule Change and Timing for the purposes of the Act. If the Commission Action portfolio. Commission takes such action, the Because the proposed rule change Commission shall institute proceedings Lastly, the Commission expressed the to determine whether the proposed rule belief that removing position and does not (i) significantly affect the protection of investors or the public should be approved or disapproved. exercise limits may bring additional interest; (ii) impose any significant depth and liquidity without increasing IV. Solicitation of Comments burden on competition; and (iii) become concerns regarding intermarket operative for 30 days from the date on Interested persons are invited to manipulation or disruption of the which it was filed, or such shorter time submit written data, views, and 37 options or the underlying securities. as the Commission may designate, it has arguments concerning the foregoing, The Exchange’s existing surveillance become effective pursuant to Section including whether the proposed rule change is consistent with the Act. and reporting safeguards are designed to 19(b)(3)(A) of the Act 40 and Rule 19b– Comments may be submitted by any of deter and detect possible manipulative 4(f)(6) thereunder.41 the following methods: behavior which might arise from A proposed rule change filed eliminating position and exercise limits. pursuant to Rule 19b–4(f)(6) under the Electronic Comments 42 B. Self-Regulatory Organization’s Act normally does not become • Use the Commission’s internet Statement on Burden on Competition operative for 30 days after the date of its 43 comment form (http://www.sec.gov/ filing. However, Rule 19b–4(f)(6)(iii) rules/sro.shtml); or MIAX Options does not believe that permits the Commission to designate a • Send an email to rule-comments@ the proposed rule change will impose shorter time if such action is consistent sec.gov. Please include File Number SR– any burden on competition that is not with the protection of investors and the MIAX–2018–10 on the subject line. necessary or appropriate in furtherance public interest. The Exchange has asked of the purposes of the Act. The the Commission to waive the 30-day Paper Comments Exchange believes the entire proposal is operative delay so that the proposed • Send paper comments in triplicate consistent with Section (6)(b)(8) of the rule change may become operative upon to Secretary, Securities and Exchange Act 38 in that it does not impose any filing. The Exchange states that waiver Commission, 100 F Street NE, burden on competition that is not of the operative delay would be Washington, DC 20549–1090. necessary or appropriate in furtherance consistent with the protection of All submissions should refer to File of the purposes of the Act. On the investors and the public interest Number SR–MIAX–2018–10. This file contrary, the Exchange believes the because it would allow the Exchange to number should be included on the proposal promotes competition because immediately increase its position and subject line if email is used. To help the exercise limits for the products subject it will enable the listed option Commission process and review your to this proposal to those of Cboe, which exchanges to attract additional order comments more efficiently, please use the Exchange believes will ensure fair flow from the over-the-counter market, only one method. The Commission will competition among exchanges and 39 post all comments on the Commission’s who in turn compete for those orders. provide consistency and uniformity The Exchange believes that the internet website (http://www.sec.gov/ among members of both Cboe and MIAX rules/sro.shtml). Copies of the proposed rule change will result in Options by subjecting members of both additional opportunities to achieve the submission, all subsequent exchanges to the same position and amendments, all written statements investment and trading objectives of exercise limits for these multiply-listed market participants seeking efficient with respect to the proposed rule options classes. The Commission change that are filed with the trading and hedging vehicles, to the believes that waiving the 30-day benefit of investors, market participants, Commission, and all written operative delay is consistent with the communications relating to the and the marketplace in general. protection of investors and the public proposed rule change between the In this regard and as indicated above, interest. Therefore, the Commission Commission and any person, other than the Exchange notes that the rule change hereby waives the operative delay and those that may be withheld from the is being proposed as a competitive designates the proposal as operative public in accordance with the 44 response to changes put in place at upon filing. provisions of 5 U.S.C. 552, will be Cboe. MIAX Options believes this available for website viewing and 40 proposed rule change is necessary to 15 U.S.C. 78s(b)(3)(A). printing in the Commission’s Public 41 17 CFR 240.19b–4(f)(6). As required under Rule permit fair competition among the 19b–4(f)(6)(iii), the Exchange provided the Reference Room, 100 F Street NE, options exchanges and to establish Commission with written notice of its intent to file Washington, DC 20549 on official uniform position limits for additional the proposed rule change, along with a brief business days between the hours of description and the text of the proposed rule 10:00 a.m. and 3:00 p.m. Copies of such multiply listed option classes. change, at least five business days prior to the date of filing of the proposed rule change, or such filing also will be available for 37 Id. shorter time as designated by the Commission. inspection and copying at the principal 38 15 U.S.C. 78f(b)(8). 42 17 CFR 240.19b–4(f)(6). 39 For example, Nasdaq position limits are 43 17 CFR 240.19b–4(f)(6)(iii). considered the proposed rule’s impact on determined by the position limits established by the 44 For purposes only of waiving the 30-day efficiency, competition, and capital formation. See Exchange. See Nasdaq Rule Sec. 7 (Position Limits). operative delay, the Commission has also 15 U.S.C. 78c(f).

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office of the Exchange. All comments II. Self-Regulatory Organization’s Trader Program prior to the time the received will be posted without change. Statement of the Purpose of, and transaction occurred (e.g., if a customer Persons submitting comments are Statutory Basis for, the Proposed Rule trades 1,000 contracts the morning of cautioned that we do not redact or edit Change April 1 and registers for the Frequent personal identifying information from In its filing with the Commission, the Trader Program the afternoon of April 1, comment submissions. You should Exchange included statements that customer cannot have its executing submit only information that you wish concerning the purpose of and basis for TPH submit a form on its behalf for to make available publicly. All the proposed rule change and discussed those 1,000 contracts executed prior to submissions should refer to File any comments it received on the registration in the Program). Number SR–MIAX–2018–10, and proposed rule change. The text of these Effective March 19, 2018, a new FTID should be submitted on or before April statements may be examined at the field will be available on Cboe Trade 18, 2018.45 places specified in Item IV below. The Match (‘‘CTM’’) terminals. This enhancement will allow executing TPHs For the Commission, by the Division of Exchange has prepared summaries, set Trading and Markets, pursuant to delegated forth in sections A, B, and C below, of to add or modify FTID information on authority. the most significant aspects of such post-trade records on the trade date. TPHs that require FTID modifications Eduardo A. Aleman, statements. on trade records which occurred on past Assistant Secretary. A. Self-Regulatory Organization’s business days, limited to within the last [FR Doc. 2018–06139 Filed 3–27–18; 8:45 am] Statement of the Purpose of, and 3 business days, must continue to BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule submit these changes using the Form Change described above. The Exchange notes 1. Purpose that the FTID field may be changed by SECURITIES AND EXCHANGE the TPH via the CTM terminal without COMMISSION The Exchange proposes to amend its notice to the Exchange. The Exchange Fees Schedule. Specifically, the believes the enhanced functionality will [Release No. 34–82934; File No. SR–CBOE– Exchange proposes to provide an provide an additional means to input 2018–023] additional mechanism for executing FTID information and provide a more brokers to submit Frequent Trader IDs efficient and streamlined way to add or Self-Regulatory Organizations; Cboe (‘‘FTIDs’’) post-trade. By way of modify FTID information post-trade on Exchange Inc.; Notice of Filing and background, to participate in the the trade date. Immediate Effectiveness of a Proposed Frequent Trader Program, Customers Rule Change Relating to the Frequent (includes Professional Customers and 2. Statutory Basis Trader Program Voluntary Professionals) may register The Exchange believes the proposed with the Exchange. Once registered, the rule change is consistent with the March 22, 2018. Customer is provided a unique Securities Exchange Act of 1934 (the Pursuant to Section 19(b)(1) of the identification number (‘‘FTID’’) that can ‘‘Act’’) and the rules and regulations Securities Exchange Act of 1934 (the be affixed to each of its orders. The thereunder applicable to the Exchange 1 2 ‘‘Act’’), and Rule 19b–4 thereunder, FTID allows the Exchange to identify and, in particular, the requirements of notice is hereby given that, on March and aggregate all electronic and manual Section 6(b) of the Act.3 Specifically, 19, 2018, Cboe Exchange, Inc. (the trades during both the Regular Trading the Exchange believes the proposed rule ‘‘Exchange’’ or ‘‘Cboe Options’’) filed Hours and Extended Trading Hours change is consistent with the Section with the Securities and Exchange sessions from that Customer for 6(b)(5) 4 requirements that the rules of Commission (the ‘‘Commission’’) the purposes of determining whether the an exchange be designed to prevent proposed rule change as described in Customer meets any of the various fraudulent and manipulative acts and Items I, II, and III below, which Items volume thresholds. The Customer has to practices, to promote just and equitable have been prepared by the Exchange. provide its FTID to the Trading Permit principles of trade, to foster cooperation The Commission is publishing this Holder (‘‘TPH’’) submitting that and coordination with persons engaged notice to solicit comments on the Customer’s order to the Exchange in regulating, clearing, settling, proposed rule change from interested (‘‘executing agent’’ or ‘‘executing TPH’’) processing information with respect to, persons. and that executing TPH would have to and facilitating transactions in I. Self-Regulatory Organization’s enter the Customer’s FTID on each of securities, to remove impediments to Statement of the Terms of Substance of that Customer’s orders. The Exchange and perfect the mechanism of a free and the Proposed Rule Change notes that there are instances however, open market and a national market in which a Customer’s FTID was not, or system, and, in general, to protect The Exchange proposes to provide an could not be, affixed to an order. As investors and the public interest. additional mechanism for executing such, the Exchange provides executing The Exchange believes adding system brokers to submit Frequent Trader IDs TPHs the ability to submit to the functionality to enable executing TPHs post-trade. exchange a form (the ‘‘Frequent Trader to input FTIDs post-trade on the trade The text of the proposed rule change Program—Volume Corrections Form’’ or date through CTM, instead of using a is available on the Exchange’s website ‘‘Form’’) as a mechanism for executing manual Form, provides TPHs with a (http://www.cboe.com/AboutCBOE/ TPHs to identify transactions to the more efficient mechanism to ensure a CBOELegalRegulatoryHome.aspx), at Exchange that should have been, but Customer’s FTID that was not, or could the Exchange’s Office of the Secretary, were not, associated with particular not be, affixed to an order, is attributed and at the Commission’s Public FTIDs. The Form needs to be submitted to that Customer’s order and gets timely Reference Room. to the Exchange within 3 business days. reported, thereby removing Transactions identified on the Form impediments to and perfecting the 45 17 CFR 200.30–3(a)(12). only count towards the identified 1 15 U.S.C. 78s(b)(1). Customer’s volume if that Customer was 3 15 U.S.C. 78f(b). 2 17 CFR 240.19b–4. already registered for the Frequent 4 15 U.S.C. 78f(b)(5).

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mechanism of a free and open market Electronic Comments SECURITIES AND EXCHANGE and a national market system. The • COMMISSION Exchange notes that referencing this Use the Commission’s internet comment form (http://www.sec.gov/ [Release No. 34–82930; File No. SR–BOX– functionality in the Fees Schedule also 2018–10] maintains transparency in the Fees rules/sro.shtml); or Schedule. • Send an email to rule-comments@ Self-Regulatory Organizations; BOX sec.gov. Please include File Number SR– Options Exchange LLC; Notice of B. Self-Regulatory Organization’s CBOE–2018–023 on the subject line. Filing and Immediate Effectiveness of Statement on Burden on Competition Proposed Rule Change To Amend IM– Paper Comments The Exchange does not believe that 3120–2 of BOX Rule 3120 (Position the proposed rule change will impose • Send paper comments in triplicate Limits) To Increase the Position Limits any burden on intramarket or to Secretary, Securities and Exchange for Options on the Following Exchange Traded Funds: iShares China Large- intermarket competition that is not Commission, 100 F Street NE, Cap ETF, iShares MSCI EAFE ETF, necessary or appropriate in furtherance Washington, DC 20549–1090. of the purposes of the Act. The iShares MSCI Emerging Markets ETF, proposed change to allow FTIDs to be All submissions should refer to File iShares Russell 2000 ETF, iShares submitted post-trade on the trade date Number SR–CBOE–2018–023. This file MSCI Brazil Capped ETF, iShares 20+ Year Treasury Bond Fund ETF, via Exchange system functionality will number should be included on the PowerShares QQQ Trust, and iShares provide a more efficient means for TPHs subject line if email is used. To help the MSCI Japan ETF to submit this information and is not Commission process and review your intended for competitive reasons and comments more efficiently, please use March 22, 2018. only applies to Cboe Options. The only one method. The Commission will Pursuant to Section 19(b)(1) of the Exchange also notes that no rights or post all comments on the Commission’s Securities Exchange Act of 1934 obligations of Permit Holders are internet website (http://www.sec.gov/ (‘‘Act’’),1 and Rule 19b–4 thereunder,2 affected by the change. rules/sro.shtml). Copies of the notice is hereby given that on March 15, submission, all subsequent 2018, BOX Options Exchange LLC (the C. Self-Regulatory Organization’s amendments, all written statements ‘‘Exchange’’) filed with the Securities Statement on Comments on the with respect to the proposed rule and Exchange Commission Proposed Rule Change Received From change that are filed with the (‘‘Commission’’) the proposed rule Members, Participants, or Others Commission, and all written change as described in Items I and II The Exchange neither solicited nor communications relating to the below, which Items have been prepared received comments on the proposed proposed rule change between the by the self-regulatory organization. The rule change. Commission and any person, other than Commission is publishing this notice to those that may be withheld from the solicit comments on the proposed rule III. Date of Effectiveness of the public in accordance with the change from interested persons. Proposed Rule Change and Timing for provisions of 5 U.S.C. 552, will be I. Self-Regulatory Organization’s Commission Action available for website viewing and Statement of the Terms of the Substance The foregoing rule change has become printing in the Commission’s Public of the Proposed Rule Change Reference Room, 100 F Street NE, effective pursuant to Section 19(b)(3)(A) The Exchange proposes to amend of the Act 5 and paragraph (f) of Rule Washington, DC 20549 on official BOX Rule 3120 (Position Limits) to 19b–4 6 thereunder. At any time within business days between the hours of increase the position limits for options 60 days of the filing of the proposed rule 10:00 a.m. and 3:00 p.m. Copies of such on the following exchange traded funds change, the Commission summarily may filing also will be available for (‘‘ETFs’’): iShares China Large-Cap ETF temporarily suspend such rule change if inspection and copying at the principal (‘‘FXI’’), iShares MSCI EAFE ETF it appears to the Commission that such office of the Exchange. All comments (‘‘EFA’’), iShares MSCI Emerging action is necessary or appropriate in the received will be posted without change. Markets ETF (‘‘EEM’’), iShares Russell public interest, for the protection of Persons submitting comments are 2000 ETF (‘‘IWM’’), iShares MSCI Brazil investors, or otherwise in furtherance of cautioned that we do not redact or edit Capped ETF (‘‘EWZ’’), iShares 20+ Year the purposes of the Act. If the personal identifying information from Treasury Bond Fund ETF (‘‘TLT’’), Commission takes such action, the comment submissions. You should PowerShares QQQ Trust (‘‘QQQQ’’), Commission will institute proceedings submit only information that you wish and iShares MSCI Japan ETF (‘‘EWJ’’). to determine whether the proposed rule to make available publicly. All The text of the proposed rule change is change should be approved or submissions should refer to File available from the principal office of the disapproved. Number SR–CBOE–2018–023, and Exchange, at the Commission’s Public should be submitted on or before April Reference Room and also on the IV. Solicitation of Comments 18, 2018. Exchange’s internet website at http:// boxoptions.com. Interested persons are invited to For the Commission, by the Division of submit written data, views, and Trading and Markets, pursuant to delegated II. Self-Regulatory Organization’s arguments concerning the foregoing, authority.7 Statement of the Purpose of, and including whether the proposed rule Eduardo A. Aleman, Statutory Basis for, the Proposed Rule change is consistent with the Act. Assistant Secretary. Change Comments may be submitted by any of [FR Doc. 2018–06141 Filed 3–27–18; 8:45 am] In its filing with the Commission, the the following methods: BILLING CODE 8011–01–P self-regulatory organization included

5 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). 6 17 CFR 240.19b–4(f). 7 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.

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statements concerning the purpose of, 50,000 or 25,000 contracts (with performance of the FTSE China 50 and basis for, the proposed rule change adjustments for splits, re-capitalizations, Index, which is composed of the 50 and discussed any comments it received etc.) on the same side of the market. largest Chinese stocks.7 EEM tracks the on the proposed rule change. The text Options on FXI, EFA, EWZ, TLT, and performance of the MSCI Emerging of these statements may be examined at EWJ are currently subject to the Markets Index, which is composed of the places specified in Item IV below. standard position limit of 250,000 approximately 800 component The self-regulatory organization has contracts as set forth in BOX Rule 3120.4 securities.8 ‘‘The MSCI Emerging prepared summaries, set forth in IM–3120–2 of BOX Rule 3120 sets forth Markets Index consists of the following Sections A, B, and C below, of the most separate position limits for options on 21 emerging market country indices: significant aspects of such statements. specific ETFs as follows: Brazil, Chile, China, Colombia, Czech • Options on EEM are 500,000 A. Self-Regulatory Organization’s Republic, Egypt, Hungary, India, contracts; Indonesia, Korea, Malaysia, Mexico, Statement of the Purpose of, and • Options on IWM are 500,000 Morocco, Peru, Philippines, Poland, Statutory Basis for, the Proposed Rule contracts; and Change • Russia, South Africa, Taiwan, Thailand, Options on QQQQ are 900,000 and Turkey.’’ 9 IWM tracks the 1. Purpose contracts. performance of the Russell 2000 Index, The purpose of this proposal is to which is composed of 2,000 small-cap The Exchange proposes to amend IM– amend IM–3120–2 to BOX Rule 3120 to domestic stocks.10 EFA tracks the 3120–2 to BOX Rule 3120 (Position double the position and exercise limits performance of MSCI EAFE Index, Limits) to increase the position limits for FXI, EEM, IWM, EFA, EWZ, TLT, which has over 900 component for options on the following exchange QQQQ, and EWJ.5 As such, options on securities.11 ‘‘The MSCI EAFE Index is trade funds (‘‘ETFs’’): iShares China FXI, EFA, EWZ, TLT, and EWJ would designed to represent the performance Large-Cap ETF (‘‘FXI’’), iShares MSCI no longer be subject to the standard of large and mid-cap securities across 21 EAFE ETF (‘‘EFA’’), iShares MSCI position limits set forth under BOX Rule developed markets, including countries Emerging Markets ETF (‘‘EEM’’), iShares 3120. Accordingly, IM–3120–2 would in Europe, Australasia and the Far East, Russell 2000 ETF (‘‘IWM’’), iShares be amended to set forth that the position excluding the U.S. and Canada.’’ 12 EWZ MSCI Brazil Capped ETF (‘‘EWZ’’), limits for options on FXI, EFA, EWZ, tracks the performance of the MSCI iShares 20+ Year Treasury Bond Fund TLT, and EWJ would be 500,000 ETF (‘‘TLT’’), PowerShares QQQ Trust contracts. These position limits equal Brazil 25/50 Index, which is composed (‘‘QQQQ’’), and iShares MSCI Japan ETF of shares of large and mid-size the current position limits for option on 13 (‘‘EWJ’’).This is a competitive filing that IWM and EMM and are similar to the companies in Brazil. TLT tracks the is based on a proposal recently current position limit for options on performance of ICE U.S. Treasury 20+ submitted by the Chicago Board Options QQQQ set forth in IM–3120–2. IM– Year Bond Index, which is composed of Exchange Incorporated (‘‘CBOE’’) and long-term U.S. Treasury bonds.14 QQQQ 3 3120–2 would be further amended to approved by the Commission. increase the position limits for the tracks the performance of the Nasdaq- Position limits are designed to remaining options subject to this 100 Index, which is composed of 100 of address potential manipulative schemes proposal as follows: the largest domestic and international and adverse market impact surrounding • The position limits for options on nonfinancial companies listed on the the use of options, such as disrupting 15 EEM would be increased from 500,000 Nasdaq Stock Market LLC (‘‘Nasdaq’’). the market in the security underlying contracts to 1,000,000 contracts; EWJ tracks the MSCI Japan Index, which the options. The potential manipulative • The position limits on options on tracks the performance of large and mid- schemes and adverse market impact are IWM would be increased from 500,000 sized companies in Japan.16 balanced against the potential of setting contracts to 1,000,000 contracts; and BOX represents that more than 50% the limits so low as to discourage • The position limits on options on of the weight of the securities held by participation in the options market. The QQQQ would be increased from 900,000 the options subject to this proposal are level of those position limits must be contracts to 1,800,000 contracts. also subject to a CSA.17 Additionally, balanced between curtailing potential In support of this proposal, the manipulation and the cost of preventing Exchange represents that the above component securities are more stringent than the potential hedging activity that could be listed ETFs qualify for either: (i) The maintenance listing criteria for those same ETF used for legitimate economic purposes. initial listing criteria set forth in options. See BOX Rule 5020(h)(2); BOX Rule Position limits for options on ETFs, 5030(h). Exchange Rule 5020(h)(2) for ETFs 7 See https://www.ishares.com/us/products/ such as those subject to this proposal, holding non-U.S. component securities; 239536/ishares-china-largecap-etf. are determined pursuant to BOX Rule or (ii) for ETFs listed pursuant to 8 See http://us.ishares.com/product_info/fund/ 3120, and vary according to the number generic listing standards for series of overview/EEM.htm. of outstanding shares and the trading portfolio depository receipts and index 9 See http://www.msci.com/products/indices/ tools/index.html#EM. volume of the underlying stocks or ETFs fund shares based on international or over the past six-months. Pursuant to 10 See https://www.ishares.com/us/products/ global indexes under which a 239710/ishares-russell-2000-etf. BOX Rule 3120, the largest in comprehensive surveillance agreement 11 See https://www.ishares.com/us/products/ capitalization and the most frequently (‘‘CSA’’) is not required.6 FXI tracks the 239623/. traded stocks and ETFs have an option 12 See https://www.msci.com/eafe. position limit of 250,000 contracts (with 4 See https://www.theocc.com/webapps/delo- 13 See https://www.ishares.com/us/products/ adjustments for splits, re-capitalizations, search. 239612/ishares-msci-brazil-capped-etf. etc.) on the same side of the market; and 5 By virtue of IM–3140–1 of BOX Rule 3140, 14 See https://www.ishares.com/us/products/ 239454/. smaller capitalization stocks and ETFs which is not being amended by this filing, the exercise limit for FXI, EEM, IWM, EFA, EWZ, TLT, 15 See https://www.invesco.com/portal/site/us/ have position limits of 200,000, 75,000, QQQQ, and EWJ options would be similarly financial-professional/etfs/productdetail? increased. The Exchange notes that it also proposes productId=QQQ&ticker=QQQ&title=powershares- 3 See Securities Exchange Act Release No. 82770 to make non-substantive corrections to the names qqq. (February 23, 2018), 83 FR 8907 (March 1, of IWM and EEM in IM–3120–2. 16 See https://www.ishares.com/us/products/ 2018)(Order Granting Accelerated Approval SR– 6 The Exchange notes that the initial listing 239665/EWJ. SR–CBOE–2017–057). criteria for options on ETFs that hold non-U.S. 17 See BOX Rule 5020(h)(2).

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the component securities of the MSCI Emerging Markets Index on which EEM TLT, and EWJ for hedging and trading Emerging Markets Index on which EEM is based, for which the primary market purposes and the Exchange believes the is based for which the primary market is in any two countries that are not current position limits are too low and is in any one country that is not subject subject to CSAs do not represent 33% of may be a deterrent to successful trading to a CSA do not represent 20% or more more of the weight of the MSCI of options on these securities.20 CBOE of the weight of the MSCI Emerging Emerging Markets Index.19 has collected the following trading Markets Index.18 Finally, the According to CBOE, market statistics on the ETFs that are subject to component securities of the MSCI participants have increased their this proposal: demand for options on FXI, EFA, EWZ,

2017 ADV 2017 ADV Shares Fund market ETF (million (option outstanding cap shares) contracts) (million) ($million)

FXI ...... 15.08 71,944 78.6 $3,343.6 EEM ...... 52.12 287,357 797.4 34,926.1 IWM ...... 27.46 490,070 253.1 35,809.1 EFA ...... 19.42 98,844 1178.4 78,870.3 EWZ ...... 17.08 95,152 159.4 6,023.4 TLT ...... 8.53 80,476 60.0 7,442.4 QQQQ ...... 26.25 579,404 351.6 50,359.7 EWJ ...... 6.06 4,715 303.6 16,625.1 SPY 21 ...... 64.63 2,575,153 976.23 240,540.0

The following analysis was conducted 2017 for EEM was 52.12 million shares position limit of 500,000 contracts. As by CBOE in support of its proposal. and IWM was 27.46 million shares shown in the above table, the average BOX agrees with CBOE’s analysis compared to 26.25 million shares for daily trading volume through July 31, discussed below. QQQQ. The total shares outstanding for 2017 for FXI is 15.08 million shares, In support of its proposal to increase EEM are 797.4 million and for IWM are EFA is 19.42 million shares, EWZ is the position limits for QQQQ to 253.1 million compared to 351.6 million 17.08 million shares, TLT is 8.53 1,800,000 contracts, CBOE compared for QQQQ. The fund market cap for million shares, and EWJ is 6.06 million the trading characteristics of QQQQ to EEM is $34,926.1 million and IWM is shares compared to 52.12 million shares that of the SPDR S&P 500 ETF (‘‘SPY’’), $35,809 million compared to $50,359.7 for EEM and 27.46 million shares for which has no position limits. As shown million for QQQQ. EEM, IWM and IWM. The total shares outstanding for in CBOE’s above table, the average daily QQQQ have similar trading FXI is 78.6 million, EFA is 1178.4 trading volume through August 14, 2017 characteristics and subjecting EEM and million, EWZ is 159.4 million, TLT is 60 for QQQQ was 26.25 million shares IWM to the proposed higher position million and EWJ is 303.6 million compared to 64.63 million shares for limit would continue be designed to compared to 797.4 million for EEM and SPY. The total shares outstanding for address potential manipulate [sic] 253.1 million for IWM. The fund market QQQQ are 351.6 million compared to schemes that may arise from trading in cap for FXI is $3,343.6 million, EFA is 976.23 million for SPY. The fund the options and their underlying $78,870.3 million, EWZ is $6,023.4 market cap for QQQQ is $50,359.7 securities. These above trading million, TLT is $7,442.4 million,, and million compared to $240,540 million characteristics for QQQQ when EWJ is $16,625.1 million compared to for SPY. SPY is one of the most actively compared to EEM and IWM also justify $34,926.1 million for EEM and trading ETFs and is, therefore, subject to increasing the position limit for QQQQ. $35,809.1 million for IWM. The above no position limits. QQQQ is also very QQQQ has a higher options ADV than trading characteristics of FXI, EFA, actively traded, and while not to the EEM and IWM, a higher numbers [sic] EWZ, TLT and EWJ is either similar to level of SPY, should be subject to the of shares outstanding than IWM and a that of EEM and IWM or sufficiently proposed higher position limits based much higher market cap than EEM and active enough so that the proposed limit its trading characteristics when IWM which justify doubling the would continue to address potential compared to SPY. The proposed position limit for QQQQ. Based on these manipulative [sic] that may arise. EFA position limit coupled with QQQQ’s statistics, and as stated above, the has far more shares outstanding and a trading behavior would continue to proposed position limit coupled with larger fund market cap than EEM, IWM, address potential manipulative schemes QQQQ’s trading behavior would and QQQQ. EWJ has a more shares and adverse market impact surrounding continue to address potential outstanding than IWM and only slightly the use of options and trading in its [sic] manipulative schemes and adverse less shares outstanding than QQQQ. underlying the options. market impact surrounding the use of On the other hand, while FXI, EWZ, In support of its proposal to increase options and trading in the securities and TLT do not exceed EEM, IWM or the position limits for EEM and IWM underlying the options. QQQQ is any of the specified areas, they from 500,000 contracts to 1,000,000 In support of its proposal to increase are all actively trading so that market contracts, CBOE also compared the the position limits for FXI, EFA, EWZ, participant’s trading activity has been trading characteristics of EEM and IWM TLT, and EWJ from 250,000 contracts to impacted by them being restricted by to that of QQQQ, which currently has a 500,000 contracts, CBOE compared the the current position limits. The position limit of 900,000 contracts. As trading characteristics of FXI, EFA, Exchange believes that the trading shown in the above table, the average EWZ, TLT and EWJ to that of EEM and activity and these securities being based daily trading volume through July 31, IWM, both of which currently have a on a broad basket of underlying

18 See BOX Rule 5020(h)(2)(ii)(B). 20 See supra note 3. 19 See BOX Rule 5020(h)(2)(ii)(C). 21 SPY is included here for comparison purposes.

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securities alleviates any potential institution, to acquire the securities the referenced by the ETF would be manipulative activity that may arise. In ETF is to hold. For instance, IWM is considered a broad-based index.24 The addition, as discussed in more detail designed to track the performance of the Exchange argues that if certain position below, the Exchange’s existing Russell 2000 Index, the Authorized limits are appropriate for the options surveillance procedures and reporting Participant will purchase all the Russell overlying the same index or is an requirements at the Exchange, other 2000 constituent securities in the exact analogue to the basket of securities that options exchanges, and at several same weight as the index, then deliver the ETF tracks, then those same clearing firms are capable of properly those shares to the ETF provider. In economically equivalent position limits identifying unusual and/or illegal exchange, the ETF provider gives the should be appropriate for the option trading activity. Authorized Participant a block of overlying the ETF. In addition, the According to CBOE, market equally valued ETF shares, on a one-for- market capitalization of the underlying participants’ trading activity has been one fair value basis. The price is based index or reference asset is large enough adversely impacted by the current on the net asset value, not the market to absorb any price movements that may position limits for FXI, EFA, EWZ, TLT, value at which the ETF is trading. The be caused by an oversized trade. Also, and EWJ and such limits have caused creation of new ETF units can be the Authorized Participant or issuer options trading in these symbols to conducted all trading day and is not may look to the stocks comprising the move from exchanges to the over-the- subject to position limits. This process analogous underlying index or reference counter market. The Exchange can also work in reverse where the ETF asset when seeking to create additional understands that certain market company seeks to decrease the number ETF shares are part of the creation/ participants wishing to make trades of shares that are available to trade. The redemption process to address supply involving a large number of options creation and redemption process, and demand or to mitigate the price contracts in the symbols subject to the therefore, creates a direct link to the movement the price of the ETF. proposal are opting to execute those underlying components of the ETF, and For example, the PowerShares QQQ trades in the over-the-counter market. serves to mitigate potential price impact Trust or QQQQ is an ETF that tracks the The over-the-counter transactions occur of the ETF shares that might otherwise Nasdaq 100 Index or NDX, which is an via bi-lateral agreements, the terms of result from increased position limits. index composed of 100 of the largest The ETF creation and redemption which are not publicly disclosed to non-financial securities listed on the seeks to keep ETF share prices trading other market participants. Therefore, Nasdaq Stock Market LLC (‘‘Nasdaq’’). in line with the ETF’s underlying net these large trades do not contribute to Options on NDX are currently subject to the price discovery process performed asset value. Because an ETF trades like a stock, its price will fluctuate during the standard position limit of 25,000 on a lit market. contracts for broad-based index options The Exchange notes that the ETFs that the trading day, due to simple supply and demand. If demand to buy an ETF but share similar trading characteristics underlie options subject to this proposal 25 is high, for instance, the ETF’s share as QQQQ. Based on QQQQ’s share are highly liquid, and are based on a 26 price might rise above the value of its price of $154.54 and NDX’s index broad set of highly liquid securities and level of 6,339.14, approximately 40 other reference assets.22 The Exchange underlying securities. When this happens, the Authorized Participant contracts of QQQQ equals one contract notes that the Commission has generally of NDX. Based on the above comparison looked through to the liquidity of believes the ETF may now be overpriced, and can buy the underlying of notional values, this would result in securities comprising an index in shares that compose the ETF and then a position limit equivalent to 1,000,000 establishing position limits for cash- sell ETF shares on the open market. contracts for QQQQ as NDX’s analogue. settled index options. The Exchange This should help drive the ETF’s share NDX is subject to the standard position further notes that options on certain price back toward fair value. Likewise, limit of 25,000 contracts for broad-based broad-based security indexes have no if the ETF starts trading at a discount to index options and has an average daily position limits. Likewise, the the securities it holds, the Authorized trading volume of 15,300 contracts. Commission has recognized the Participant can buy shares of the ETF QQQQ is currently subject to a position liquidity of the securities comprising and redeem them for the underlying limit of 900,000 contracts but has a the underlying interest of the SPDR S&P securities. Buying undervalued ETF much higher average daily trading 500 ETF (‘‘SPY’’) in permitting no shares should drive the price of the ETF volume of 579,404 contracts. position limits on SPY options since Furthermore, NDX currently has a 23 back toward fair value. This arbitrage 2012, and expanded position limits process helps to keep an ETF’s price in market capitalization of $17.2 trillion for options on EEM, IWM, and QQQQ. line with the value of its underlying and QQQQ has a market capitalization The proposed position limits set forth portfolio. of $50,359.7 million, and the in the proposal would continue to Some of the ETFs underlying options component securities of NDX, in address potential manipulative activity subject to the proposal are based on aggregate, have traded an average of 440 while allowing for potential hedging broad-based indices that underlie cash million shares per day in 2017, both activity for appropriate economic settled options that are economically large enough to absorb any price purposes. The creation and redemption equivalent to the ETF options that are movement caused by a large trade in the process for these ETFs also lessen the the subject of the proposal and have no QQQQ. The Exchange notes that other potential for manipulative activity. position limits. Other ETFs are based on exchanges allow no position limits for When an ETF company wants to create broad-based indexes that underlie cash- NDX,27 although it has a much lower more ETF shares, it looks to an settled options with position limits Authorized Participant, which is a reflecting notional values that are larger 24 See BOX Rule 6040, which sets forth the market maker or other large financial than the current position limits for ETF position limits for broad-based index options. analogues (EEM, EFA). Where there was 25 Id. 22 See supra providing trading statistics for each no approved index analogue, the 26 All share prices used herein are based on the ETF. closing price of the security on November 16, 2017. 23 See Securities Exchange Act Release No. 67936 Exchange believes, based on the Source: Yahoo Finance. (September 27, 2012), 77 FR 60491 (October 3, liquidity, breadth and depth of the 27 See CBOE Rule 24.4 sets forth the position 2012) (SR–BOX–2012–013). underlying market, that the index limits for broad-based index options.

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average daily trading volume than its contracts for broad-based index options stocks. There is currently no index analogue, the QQQQ. Therefore, the under BOX Rule 6040(a). Based on the analogue for FXI approved for options Exchange believes it is reasonable to above comparison of notional values, trading. However, the FTSE China 50 increase the position limit for options this would result in a position limit Index currently has a market on the QQQQ from 900,000 to 1,800,000 economically equivalent to 604,000 capitalization of $1.7 trillion and FXI contracts. contracts for EEM as MXEF’s analogue. has a market capitalization of $2,623.18 The iShare [sic] Russell 2000 ETF or However, MXEF has an average daily million, both large enough to absorb any IWM, is an ETF that also tracks the trading volume of 180 contracts. EEM is price movement cause by a large trade Russell 2000 Index or RUT, which is an currently subject to a position limit of in FXI. The components of the FTSE index that composed of 2,000 small-cap 500,000 contracts but has a much higher China 50 Index, in aggregate, have an domestic companies in the Russell 3000 average daily trading volume of 287,357 average daily trading volume of 2.3 index. Options on RUT are currently contracts. Furthermore, MXEF currently billion shares. FXI is currently subject to subject to the standard position limit of has a market capitalization of $5.18 a position limit of 000 contracts but has 25,000 contracts for broad-based index trillion and EEM has a market a much higher average daily trading options but share similar trading capitalization of $34,926.1 million, and volume of 15.08 million shares. Based characteristics as IWM.28 Based on the component securities of MXEF, in on the above comparisons, the Exchange IWM’s share price of $144.77 and RUT’s aggregate, have traded an average of 33.6 believes it is reasonable to increase the index level of 1,486.88, approximately billion shares per day in 2017, both position limit for options on the FXI 10 contracts of IWM equals one contract large enough to absorb any price from 250,000 to 500,000 contracts. of RUT. Based on the above comparison movement cause by a large trade in the EWZ tracks the performance of the of notional values, this would result in EEM. Therefore, based on the MSCI Brazil 25/50 Index, which is a position limit equivalent to 250,000 comparison of average daily trading composed of shares of large and mid- contracts for IWM as RUT’s analogue. volume, the Exchange believes it is size companies in Brazil. There is The Exchange notes that at other reasonable to increase the position limit currently no index analogue for EWZ exchanges RUT is not subject to position for options on the EEM from 500,000 to approved for options trading. However, limits and has an average daily trading 1,000,000 contracts. the MSCI Brazil 25/50 Index currently volume of 66,200 contracts.29 IWM is EFA tracks the performance of MSCI has a market capitalization of $700 currently subject to a position limit of EAFE Index or MXEA, which has over billion and EWZ has a market 500,000 contracts but has a much higher 900 component securities designed to capitalization of $6,023.4 million, both average daily trading volume of 490,070 represent the performance of large and large enough to absorb any price contracts. As mentioned above, other mid-cap securities across 21 developed movement cause by a large trade in exchanges have no position limits for markets, including countries in Europe, EWZ. The components of the MSCI RUT,30 although it has a much lower Australasia and the Far East, excluding Brazil 25/50 Index, in aggregate, have an average daily trading volume than its the U.S. and Canada. Below makes the average daily trading volume of 285 analogue, the IWM. Furthermore, RUT same notional value comparison as million shares. EWZ is currently subject currently has a market capitalization of made above. Based on EFA’s share price to a position limit of 250,000 contracts $2.4 trillion and IWM has a market of $69.16 and MXEA’s index level of but has a much higher average daily capitalization of $35,809.1 million, and 1,986.15, approximately 29 contracts of trading volume of 17.08 million shares. the component securities of RUT, in EFA equals one contract of MXEA. Based on the above comparisons, the aggregate, have traded an average of 270 MXEA is currently subject to the Exchange believes it is reasonable to million shares per day in 2017, both standard position limit of 25,000 increase the position limit for options large enough to absorb any price contracts for broad-based index options on the EWZ from 250,000 to 500,000 movement cause by a large trade in the under BOX Rule 6040(a). Based on the contracts. IWM. Therefore, the Exchange believes above comparison of notional values, TLT tracks the performance of ICE it is reasonable to increase the position this would result in a position limit U.S. Treasury 20+ Year Bond Index, limit for options on the IWM from economically equivalent to 721,000 which is composed of long-term U.S. 500,000 to 1,000,000 contracts. contracts for EFA as MXEA’s analogue. Treasury bonds. There is currently no EEM tracks the performance of the Furthermore, MXEA currently has a index analogue for TLT approved for MSCI Emerging Markets Index or MXEF, market capitalization of $18.7 trillion options trading. However, the U.S. which is composed of approximately and EFA has a market capitalization of Treasury market is one of the largest and 800 component securities following 21 $78,870.3 million, and the component most liquid markets in the world, with emerging market country indices: Brazil, securities of MXEA, in aggregate, have over $14 trillion outstanding and Chile, China, Colombia, Czech Republic, traded an average of 4.6 billion shares turnover of approximately $500 billion Egypt, Hungary, India, Indonesia, Korea, per day in 2017, both large enough to per day. TLT currently has a market Malaysia, Mexico, Morocco, Peru, absorb any price movement cause by a capitalization of $7,442.4 million, both Philippines, Poland, Russia, South large trade in the EEM. However, MXEA large enough to absorb any price Africa, Taiwan, Thailand, and Turkey. has an average daily trading volume of movement cause by a large trade in TLT. Below makes the same notional value 270 contracts. EFA is currently subject Therefore, the potential for comparison as made above. Based on to a position limit of 250,000 contracts manipulation will not increase solely EEM’s share price of $47.06 and MXEF’s but has a much higher average daily due the increase in position limits as set index level of 1,136.45, approximately trading volume of 98,844 contracts. forth in this proposal. Based on the 24 contracts of EEM equals one contract Based on the above comparisons, the above comparisons, the Exchange of MXEF. MXEF is currently subject to Exchange believes it is reasonable to believes it is reasonable to increase the the standard position limit of 25,000 increase the position limit for options position limit for options on the TLT on the EFA from 250,000 to 500,000 from 250,000 to 500,000 contracts. 28 See BOX Rule 6040, which sets forth the contracts. EWJ tracks the MSCI Japan Index, position limits for broad-based index options. FXI tracks the performance of the which tracks the performance of large 29 See CBOE Rule 24.4. FTSE China 50 Index, which is and mid-sized companies in Japan. 30 Id. composed of the 50 largest Chinese There is currently no index analogue for

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EWJ approved for options trading. routine oversight inspections of the facilitating transactions in securities, to However, the MSCI Japan Index has a Exchange’s regulatory programs by the remove impediments to and perfect the market capitalization of $3.5 trillion and Commission have not uncovered any mechanism of a free and open market EWJ has a market capitalization of material inconsistencies or and a national market system, and, in $16,625.1 million, and the component shortcomings in the manner in which general to protect investors and the securities of the MSCI Japan Index, in the Exchange’s market surveillance is public interest. The current position aggregate, have traded an average of 1.1 conducted. These procedures utilize limits for the options subject to this billion shares per day in 2017, both daily monitoring of market movements proposal have inhibited the ability of large enough to absorb any price via automated surveillance techniques Market Makers to make markets on the movement cause by a large trade in EWJ. to identify unusual activity in both Exchange. Specifically, the proposal is EWJ is currently subject to a position options and underlying stocks.34 designed to encourage Market Makers to limit of 250,000 contracts and has an Furthermore, large stock holdings shift liquidity from over the counter average daily trading volume of 6.6 must be disclosed to the Commission by markets onto the Exchange, which will million shares. Based on the above way of Schedules 13D or 13G.35 The enhance the process of price discovery comparisons, the Exchange believes it is positions for options subject to this conducted on the Exchange through reasonable to increase the position limit proposal are part of any reportable increased order flow. The proposal will for options on EWJ from 250,000 to positions and, thus, cannot be legally also benefit institutional investors as 500,000 contracts. hidden. Moreover, the Exchange’s well as retail traders, and public The Exchange believes that increasing requirement that BOX Participants file customers, by providing them with a the position limits for the options reports with the Exchange for any more effective trading and hedging subject to this proposal would lead to a customer who held aggregate large long vehicle. In addition, the Exchange more liquid and competitive market or short positions of any single class for believes that the structure of the ETFs environment for these options, which the previous day will continue to serve subject to this proposal and the will benefit customers interested in this as an important part of the Exchange’s considerable liquidity of the market for product. Under the proposal, the surveillance efforts.36 options on those ETFs diminishes the reporting requirement for the above The Exchange believes that the opportunity to manipulate this product options would be unchanged. Thus, the current financial requirements imposed and disrupt the underlying market that Exchange would still require that each by the Exchange and by the Commission a lower position limit may protect BOX Participant that maintains a adequately address concerns that a BOX against. position in the options on the same side Participant or its customer may try to Increased position limits for select of the market, for its own account or for maintain an inordinately large un- actively traded options, such as that the account of a customer, report certain hedged position in the options subject proposed herein, is not novel and has information to the Exchange. This to this proposal. Current margin and been previously approved by the information would include, but would risk-based haircut methodologies serve Commission. For example, the not be limited to, the options’ position, to limit the size of positions maintained Commission has previously approved, whether such position is hedged and, if by any one account by increasing the on a pilot basis, eliminating position so, a description of the hedge, and the margin and/or capital that a BOX limits for options on SPY.41 collateral used to carry the position, if Participant must maintain for a large Additionally, the Commission has applicable. Exchange Market Makers 31 position held by itself or by its approved similar proposed rule changes would continue to be exempt from this customer.37 In addition, Rule to increase position limits for options on reporting requirement, as Market Maker 15c3–1 38 imposes a capital charge on highly liquid, actively-traded ETFs,42 information can be accessed through the BOX Participants to the extent of any including a proposal to permanently Exchange’s market surveillance margin deficiency resulting from the eliminate the position and exercise systems.32 In addition, the general higher margin requirement. limits for options overlaying the S&P reporting requirement for customer 2. Statutory Basis 500 Index, S&P 100 Index, Dow Jones accounts that maintain an aggregate Industrial Average, and Nasdaq 100 The Exchange believes that the position of 200 or more options Index.43 In approving the permanent proposal is consistent with the contracts would remain at this level for elimination of position and exercise requirements of Section 6(b) of the the options subject to this proposal.33 limits, the Commission relied heavily The Exchange believes that the Securities Exchange Act of 1934 (the upon CBOE’s surveillance capabilities, ‘‘Act’’),39 in general, and Section 6(b)(5) existing surveillance procedures and the Commission expressed trust in the of the Act,40 in particular, in that it is reporting requirements at the Exchange, enhanced surveillance and reporting designed to prevent fraudulent and other options exchanges, and at the manipulative acts and practices, to several clearing firms are capable of 41 See Securities Exchange Act Release Nos. promote just and equitable principles of properly identifying unusual and/or 67672 (August 15, 2012), 77 FR 50750 (August 22, trade, to foster cooperation and 2012)(SR–NYSEAmex-2012–29); 67937 (September illegal trading activity. In addition, coordination with persons engaged in 27, 2012), 77 FR 60489 (October 3, 2012) (SR– CBOE–2012–091); 67936 (September 27, 2012), 77 31 A Market Maker ‘‘is an Options Participant FR 60491 (October 3, 2012) (SR–BOX–2012–013). 34 These procedures have been effective for the registered with the Exchange for the purpose of 42 See Securities Exchange Act Release Nos. surveillance of trading the options subject to this making markets in options contracts traded on the 68086 (October 23, 2012), 77 FR 65600 (October 29, proposal and will continue to be employed by Exchange and that is vested with the rights and 2012)(SR–CBOE–2012–066); 64928 (July 20, 2011), FINRA on behalf of BOX. responsibilities specified in the Rule 8000 Series. 76 FR 44633 (July 26, 2011) (SR–CBOE–2011–065); 35 17 CFR 240.13d–1. All Market Makers are designated as specialists on 64695 (June 17, 2011), 76 FR 36942 (June 23, 2011) 36 the Exchange for all purposes under the Exchange The Exchange again notes that these (SR–PHLX–2011–58); and 55155 (January 23, 2007), Act or Rules thereunder.’’ See BOX Rule 100(a)(31). surveillance efforts are carried out by FINRA on 72 FR 4741 (February 1, 2017) (SR–CBOE–2007– 32 The Exchange notes that the Financial Industry behalf of BOX. 008.). 37 Regulatory Authority (‘‘FINRA’’), pursuant to a See BOX Rule 10100 Series for a description of 43 See Securities Exchange Act Release Nos. regulatory services agreement, operates surveillance margin requirements. 44994 (October 26, 2001), 66 FR 55722 (November on behalf of BOX. This type of Market Maker 38 17 CFR 240.15c3–1. 2, 2001) (SR–CBOE–2001–22); 52650 (October 21, information can be found through FINRA. 39 15 U.S.C. 78f(b). 2005), 70 FR 62147 (October 28, 2005) (SR–CBOE– 33 See BOX Rule 3150 for reporting requirements. 40 15 U.S.C. 78f(b)(5). 2005–41) (‘‘NDX Approval’’).

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safeguards that CBOE took in order to 19(b)(3)(A) of the Act 47 and Rule 19b– Comments may be submitted by any of detect and deter possible manipulative 4(f)(6) thereunder.48 the following methods: behavior which might arise from A proposed rule change filed Electronic Comments eliminating position and exercise pursuant to Rule 19b–4(f)(6) under the limits.44 Furthermore, as described Act 49 normally does not become • Use the Commission’s internet more fully above, options on other ETFs operative for 30 days after the date of its comment form (http://www.sec.gov/ have the position limits proposed filing. However, Rule 19b–4(f)(6)(iii) 50 rules/sro.shtml); or herein, but their trading volumes are permits the Commission to designate a • significantly lower than the ETFs shorter time if such action is consistent Send an email to rule-comments@ subject to the proposed rule change. with the protection of investors and the sec.gov. Please include File Number SR– Lastly, the Commission expressed the public interest. The Exchange has asked BOX–2018–10 on the subject line. belief that removing position and the Commission to waive the 30-day Paper Comments exercise limits may bring additional operative delay so that the proposed depth and liquidity without increasing rule change may become operative upon • Send paper comments in triplicate concerns regarding intermarket filing. The Exchange states that waiver to Secretary, Securities and Exchange manipulation or disruption of the of the operative delay would be Commission, 100 F Street NE, options or the underlying securities.45 consistent with the protection of Washington, DC 20549–1090. The Exchange believes that BOX’s investors and the public interest All submissions should refer to File enhanced surveillance and reporting because it will ensure fair competition Number SR–BOX–2018–10. This file safeguards continue to be designed to among the exchanges by allowing the number should be included on the deter and detect possible manipulative Exchange to immediately increase the subject line if email is used. To help the behavior which might arise from position limits for the products subject Commission process and review your eliminating position and exercise limits. to this proposal, which the Exchange comments more efficiently, please use believes will provide consistency for B. Self-Regulatory Organization’s only one method. The Commission will BOX Participants that are also members Statement on Burden on Competition post all comments on the Commission’s at CBOE where these increased position The Exchange does not believe that internet website (http://www.sec.gov/ limits are currently in place. The rules/sro.shtml). Copies of the the proposed rule change will impose Commission believes that waiving the any burden on competition not submission, all subsequent 30-day operative delay is consistent amendments, all written statements necessary or appropriate in furtherance with the protection of investors and the of the purposes of the Act. The with respect to the proposed rule public interest. Therefore, the change that are filed with the Exchange believes that the proposed Commission hereby waives the rule change will result in additional Commission, and all written operative delay and designates the communications relating to the opportunities to achieve the investment 51 proposal as operative upon filing. proposed rule change between the and trading objectives of market At any time within 60 days of the participants seeking efficient trading Commission and any person, other than filing of the proposed rule change, the those that may be withheld from the and hedging vehicles, to the benefit of Commission summarily may investors, market participants, and the public in accordance with the temporarily suspend such rule change if provisions of 5 U.S.C. 552, will be marketplace in general. it appears to the Commission that such Further, the Exchange notes that the available for website viewing and action is necessary or appropriate in the printing in the Commission’s Public rule change is being proposed as a public interest, for the protection of competitive response to a filing Reference Room, 100 F Street NE, investors, or otherwise in furtherance of Washington, DC 20549 on official submitted by CBOE that was recently the purposes of the Act. If the approved by the Commission.46 business days between the hours of Commission takes such action, the 10:00 a.m. and 3:00 p.m. Copies of such C. Self-Regulatory Organization’s Commission shall institute proceedings filing also will be available for Statement on Comments on the to determine whether the proposed rule inspection and copying at the principal Proposed Rule Change Received from should be approved or disapproved. office of the Exchange. All comments Members, Participants, or Others IV. Solicitation of Comments received will be posted without change. Persons submitting comments are The Exchange has neither solicited Interested persons are invited to cautioned that we do not redact or edit nor received comments on the proposed submit written data, views, and personal identifying information from rule change. arguments concerning the foregoing, comment submissions. You should including whether the proposed rule III. Date of Effectiveness of the submit only information that you wish change is consistent with the Act. Proposed Rule Change and Timing for to make available publicly. All Commission Action submissions should refer to File 47 15 U.S.C. 78s(b)(3)(A). Because the proposed rule change 48 17 CFR 240.19b–4(f)(6). As required under Rule Number SR–BOX–2018–10, and should does not (i) significantly affect the 19b–4(f)(6)(iii), the Exchange provided the be submitted on or before April 18, protection of investors or the public Commission with written notice of its intent to file 2018. interest; (ii) impose any significant the proposed rule change, along with a brief description and the text of the proposed rule For the Commission, by the Division of burden on competition; and (iii) become change, at least five business days prior to the date Trading and Markets, pursuant to delegated operative for 30 days from the date on of filing of the proposed rule change, or such authority.52 shorter time as designated by the Commission. which it was filed, or such shorter time Eduardo A. Aleman, as the Commission may designate, it has 49 17 CFR 240.19b–4(f)(6). 50 Assistant Secretary. become effective pursuant to Section 17 CFR 240.19b–4(f)(6)(iii). 51 For purposes only of waiving the 30-day [FR Doc. 2018–06138 Filed 3–27–18; 8:45 am] operative delay, the Commission has also BILLING CODE 8011–01–P 44 See NDX Approval at 62149. considered the proposed rule’s impact on 45 Id. efficiency, competition, and capital formation. See 46 See supra, note 3. 15 U.S.C. 78c(f). 52 17 CFR 200.30–3(a)(12).

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DEPARTMENT OF STATE DEPARTMENT OF STATE ACTION: Notice. [Public Notice 10367] [Public Notice: 10368] SUMMARY: As part of its regular business meeting held on March 8, 2018, in State E.O. 13224 Designation of Katibat al- Notice of Public Meeting College, Pennsylvania, the Commission Imam al-Bukhari, aka Imam Bukhori took the following actions: (1) Approved SUMMARY: The Advisory Panel to the Jamaat, aka Imam Bukhari Battalion, or tabled the applications of certain U.S. Section of the North Pacific aka Imam Bukhari Jamaat, aka Imam water resources projects; and (2) took Anadromous Fish Commission will Al-Bukhari Battalion, aka IBB, aka additional actions, as set forth in the meet on April 27th, 2018. Imom Buxoriy Katibasi, aka KIB, aka SUPPLEMENTARY INFORMATION below. Imam al-Bukhoriy Brigade, aka DATES: The meeting will take place via DATES: March 8, 2018. teleconference on April 27th, 2018 from Katibatul Imom al-Buxoriy as a Specially Designated Global Terrorist ADDRESSES: Susquehanna River Basin 2 p.m. to 3 p.m. Eastern time. Commission, 4423 N. Front Street, SUMMARY: The teleconference call-in Acting under the authority of and in Harrisburg, PA 17110–1788. number is toll-free 877–336–1831, accordance with section 1(b) of FOR FURTHER INFORMATION CONTACT: passcode 6472335, and will have a Executive Order 13224 of September 23, Jason E. Oyler, General Counsel, limited number of lines for members of 2001, as amended by Executive Order telephone: 717–238–0423, ext. 1312; the public to access from anywhere in 13268 of July 2, 2002, and Executive fax: 717–238–2436; [email protected]. the United States. Callers will hear Order 13284 of January 23, 2003, I Regular mail inquiries may be sent to instructions for using the passcode and hereby determine that the person known the above address. See also Commission joining the call after dialing the toll-free as Katibat al-Imam al-Bukhari, also website at www.srbc.net. number noted. Members of the public known as Imam Bukhori Jamaat, also SUPPLEMENTARY INFORMATION: In wishing to participate in the known as Imam Bukhari Battalion, also addition to the actions taken on projects teleconference must contact the OES known as Imam Bukhari Jamaat, also identified in the summary above and the officer in charge as noted in the FOR known as Imam Al-Bukhari Battalion, listings below, the following items were FURTHER INFORMATION CONTACT section also known as IBB, also known as Imom also presented or acted upon at the below no later than close of business on Buxoriy Katibasi, also known as KIB, business meeting: (1) Presentation of the Wednesday, April 25th, 2018. also known as Imam al-Bukhoriy Commission’s Maurice K. Goddard FOR FURTHER INFORMATION CONTACT: Brigade, also known as Katibatul Imom Award for Excellence by a Water Elana Mendelson, Office of Marine al-Buxoriy, committed, or poses a Management Professional to Mr. Mark Conservation. Telephone (202) 647– significant risk of committing, acts of Hartle; (2) adoption of a budget 1073, email address MendelsonEK@ terrorism that threaten the security of reconciliation for the 2019 fiscal year; state.gov. U.S. nationals or the national security, (3) approval of two agreements and foreign policy, or economy of the United SUPPLEMENTARY INFORMATION: In authorization of the Executive Director States. accordance with the requirements of the to spend $300,000 from the Consistent with the determination in Federal Advisory Committee Act, notice Commission’s Water Management Fund section 10 of Executive Order 13224 that is given that the Advisory Panel to the to complete the Billmeyer Quarry prior notice to persons determined to be U.S. Section of the North Pacific consumptive use mitigation site subject to the Order who might have a Anadromous Fish Commission (NPAFC) characterization and testing, including constitutional presence in the United will meet on the date and time noted payment to the Lancaster County Solid States would render ineffectual the above. The panel consists of members Waste Management Authority of blocking and other measures authorized from the states of Alaska and $75,000; (4) adoption of final rules in the Order because of the ability to Washington who represent the broad pertaining to the amendment of transfer funds instantaneously, I range of fishing and conservation Commission regulations to codify and determine that no prior notice needs to interests in anadromous and strengthen the Commission’s Access to be provided to any person subject to this ecologically related species in the North Records Policy; and (5) approval of a determination who might have a Pacific. Certain members also represent request from South Middleton constitutional presence in the United relevant state and regional authorities. Township Municipal Authority to waive States, because to do so would render The panel was established in 1992 to the deadline for submittal of its ineffectual the measures authorized in advise the U.S. Section of the NPAFC on groundwater withdrawal renewal the Order. research needs and priorities for application. This notice shall be published in the anadromous species, such as salmon, Project Applications Approved: Federal Register. and ecologically related species The Commission approved the occurring in the high seas of the North Dated: January 17, 2018. following project applications: Pacific Ocean. The upcoming Panel Rex W. Tillerson, 1. Project Sponsor and Facility: Cabot meeting will focus on a review of the Secretary of State. Oil & Gas Corporation (East Branch agenda for the 2018 annual meeting of [FR Doc. 2018–06172 Filed 3–27–18; 8:45 am] Tunkhannock Creek), Lenox Township, Susquehanna County, Pa. Surface water the NPAFC (May 21–25, 2018; BILLING CODE 4710–AD–P Khabarovsk, Russia). Background withdrawal of up to 1.000 mgd (peak material is available from the point of day). 2. Project Sponsor: Mayapple Real contact noted above and by visiting SUSQUEHANNA RIVER BASIN Estate Holdings. Project Facility: www.npafc.org. COMMISSION Mayapple Golf Links, South Middleton Deirdre Warner-Kramer, Actions Taken at March 8, 2018, Township, Cumberland County, Pa. Acting Director, Office of Marine Meeting Consumptive use of up to 0.200 mgd Conservation, Department of State. (peak day). [FR Doc. 2018–06210 Filed 3–27–18; 8:45 am] AGENCY: Susquehanna River Basin 3. Project Sponsor: Mayapple Real BILLING CODE 4710–05–P Commission. Estate Holdings. Project Facility:

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Mayapple Golf Links, South Middleton Authority: Pub. L. 91–575, 84 Stat. 1509 et Space Launch Act of 1984, as amended. Township, Cumberland County, Pa. seq., 18 CFR parts 806, 807, and 808. The information is needed in order to Groundwater withdrawal of up to 0.099 Dated: March 23, 2018. demonstrate to the FAA Office of mgd (30-day average) from Well 1. Stephanie L. Richardson, Commercial Space Transportation 4. Project Sponsor and Facility: Secretary to the Commission. (FAA/AST) that the proposed activity meets applicable public safety, national Repsol Oil & Gas USA, LLC (Fall Brook), [FR Doc. 2018–06218 Filed 3–27–18; 8:45 am] Ward Township, Tioga County, Pa. security, and foreign policy interests of BILLING CODE 7040–01–P Renewal of surface water withdrawal of the United States. up to 0.999 mgd (peak day) (Docket No. Respondents: Approximately 5 20140313). applicants. DEPARTMENT OF TRANSPORTATION 5. Project Sponsor and Facility: Frequency: Information is collected Repsol Oil & Gas USA, LLC (Fellows Federal Aviation Administration on occasion. Creek), Ward Township, Tioga County, Estimated Average Burden per Pa. Renewal of surface water Agency Information Collection Response: 3,900 hours. withdrawal of up to 0.999 mgd (Docket Activities: Requests for Comments; Estimated Total Annual Burden: No. 20140314). Clearance of Renewed Approval of 19,500 hours. 6. Project Sponsor and Facility: Information Collection: Commercial Public Comments Invited: You are Seneca Resources Corporation (Arnot Space Transportation Reusable asked to comment on any aspect of this No. 5 Mine Discharge), Bloss Township, Launch Vehicle and Reentry Licensing information collection, including (a) Tioga County, Pa. Renewal of surface Regulation Whether the proposed collection of water withdrawal of up to 0.499 mgd information is necessary for FAA’s (peak day) (Docket No. 20140311). AGENCY: Federal Aviation performance; (b) the accuracy of the 7. Project Sponsor and Facility: Administration (FAA), DOT. estimated burden; (c) ways for FAA to SWEPI LP (Susquehanna River), ACTION: Notice and request for enhance the quality, utility and clarity Sheshequin Township, Bradford comments. of the information collection; and (d) County, Pa. Renewal of surface water ways that the burden could be SUMMARY: withdrawal of up to 0.850 mgd (peak In accordance with the minimized without reducing the quality day) (Docket No. 20140312). Paperwork Reduction Act of 1995, FAA of the collected information. The agency invites public comments about our 8. Project Sponsor and Facility: SWN will summarize and/or include your intention to request the Office of Production Company, LLC comments in the request for OMB’s Management and Budget (OMB) (Susquehanna River), Great Bend clearance of this information collection. approval to renew an information Township, Susquehanna County, Pa. collection. The information is used to Issued in Fort Worth, TX on March 20, Renewal of surface water withdrawal of 2018. determine if applicants satisfy up to 2.500 mgd (peak day) (Docket No. requirements for obtaining a launch Barbara L. Hall, 20140302). license to protect the public from risks FAA Information Collection Clearance 9. Project Sponsor and Facility: XTO associated with reentry operations from Officer, Performance, Policy, and Records Energy Inc. (Little Muncy Creek), Management Branch, ASP–110. a site not operated by or situated on a Moreland Township, Lycoming County, Federal launch range. [FR Doc. 2018–06255 Filed 3–27–18; 8:45 am] Pa. Renewal of surface water BILLING CODE 4910–13–P withdrawal of up to 0.249 mgd (peak DATES: Written comments should be day) (Docket No. 20140315). submitted by May 29, 2018. Project Applications Tabled: ADDRESSES: Send comments to the FAA DEPARTMENT OF TRANSPORTATION The Commission tabled action on the at the following address: Barbara Hall, following project applications: Federal Aviation Administration, ASP– Federal Aviation Administration 1. Project Sponsor and Facility: 110, 10101 Hillwood Parkway, Fort Notice of Availability of Categorical Brymac, Inc. dba Mountain View Worth, TX 76177. Exclusion and Record of Decision for Country Club (Pond 3⁄4), Harris FOR FURTHER INFORMATION CONTACT: the Proposed West Flow Area Township, Centre County, Pa. Barbara Hall at (940) 594–5913, or by Navigation Standard Instrument Application for surface water email at: [email protected]. Departure Procedures at Phoenix Sky withdrawal of up to 0.240 mgd (peak SUPPLEMENTARY INFORMATION: Harbor International Airport as per the day). OMB Control Number: 2120–0643. Memorandum Regarding 2. Project Sponsor and Facility: Title: Commercial Space Implementation of Court Order per City Dillsburg Area Authority, Franklin Transportation Reusable Launch of Phoenix, Arizona v. Huerta, 869 F.3d Township, York County, Pa. Vehicle and Reentry Licensing 963 (D.C. Circuit 2017) Modification to increase groundwater Regulation. withdrawal by an additional 0.099 mgd Form Numbers: There are no FAA AGENCY: Federal Aviation (30-day average), for a total groundwater forms associated with this collection. Administration, (FAA), Department of withdrawal of up to 0.200 mgd (30-day Type of Review: Renewal of an Transportation. average) from Well 3 (Docket No. information collection. ACTION: Notice of availability. 20081207). Background: The data is necessary for 3. Project Sponsor and Facility: a U.S. citizen to apply for and obtain a SUMMARY: The FAA, Western Service Lycoming Engines, a Division of Avco reusable launch vehicle (RLV) mission Area is issuing this notice to advise the Corporation, City of Williamsport, license or a reentry license for activities public of the availability of the Lycoming County, Pa. Application for by commercial or non-federal entities Categorical Exclusion/Record of renewal of groundwater withdrawal of (that are not done by or for the U.S. Decision (CATEX/ROD) for the up to 0.980 mgd (30-day average) for Government) as defined and required by Proposed West Flow Area Navigation groundwater remediation system 49 U.S.C., Subtitle IX, Chapter 701, (RNAV) Standard Instrument Departure (Docket No. 19880203). formerly known as the Commercial (SID) Procedures at Phoenix Sky Harbor

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International Airport in Phoenix, AZ. issued in accordance with the Background: Title 14 CFR part 43 The FAA reviewed the action and provisions of 49 U.S.C. 46110. mandates information to be provided determined it to be categorically Issued in Des Moines, WA, on March 29, when an alteration or major repair is excluded from further environmental 2018. performed on an aircraft of United documentation. Shawn M. Kozica, States registry. Submission of Form 337 is required for capture in the aircraft FOR FURTHER INFORMATION CONTACT: Manager, Operations Support Group, Western Service Center, Air Traffic Organization. permanent records for current and Marina Landis, Federal Aviation future owners to substantiate to [FR Doc. 2018–06245 Filed 3–27–18; 8:45 am] Administration, Operations Support requirements of the regulations, prior to BILLING CODE 4910–13–P Group, Western Service Center, 2200 S operation of the aircraft. Aircraft owners 216th St., Des Moines, WA 98198–6547 have the responsibility of (206) 231–2238 or https://www.faa.gov/ _ _ _ DEPARTMENT OF TRANSPORTATION documentation and submission of all nextgen/nextgen near you/community maintenance records performed to their involvement/phx/. Federal Aviation Administration aircraft. SUPPLEMENTARY INFORMATION: Respondents: Aircraft owners. Agency Information Collection Frequency: On Occasion of alteration Background Activities: Requests for Comments; or major repair. The FAA is proposing to amend the Clearance of Renewed Approval of Estimated Average Burden per west flow RNAV SID procedures from Information Collection: Maintenance, Response: 30 Minutes/.5 hours. Runways 25 Left, 25 Right and 26 at Preventive Maintenance, Rebuilding, Estimated Total Annual Burden: Phoenix Sky Harbor International and Alteration Industry Annual burden 29,457 hours. Airport, Phoenix, Arizona. The Public Comments Invited: You are AGENCY: Federal Aviation proposed amendments are consistent asked to comment on any aspect of this Administration (FAA), DOT. with the resolution of the parties as information collection, including (a) stipulated in the Memorandum ACTION: Notice and request for Whether the proposed collection of Regarding Implementation of the Court comments. information is necessary for FAA’s Order, jointly negotiated following the performance; (b) the accuracy of the SUMMARY: In accordance with the estimated burden; (c) ways for FAA to court’s August 29, 2017, Order in City Paperwork Reduction Act of 1995, FAA of Phoenix, Arizona v. Huerta, 869 F.3d enhance the quality, utility and clarity invites public comments about our of the information collection; and (d) 963 (D.C. Circuit 2017). The proposed intention to request the Office of Step 1A RNAV SID procedures is the ways that the burden could be Management and Budget (OMB) minimized without reducing the quality first step in order to return the west flow approval to renew an information procedures to the pre-September 2014 of the collected information. The agency collection. The Information to be will summarize and/or include your flight paths. Aircraft on the proposed collected is necessary to insure the northwest RNAV SID will follow the comments in the request for OMB’s safety of the flying public. clearance of this information collection. extended runway centerline, perform a Documentation of maintenance repair right turn to the north after 43rd Avenue actions record the who, what, when, Fort Worth, TX on March 21, 2018. direct to an RNAV waypoint, and will where and how of the task performed. Barbara L. Hall, then be vectored to join a departure All maintenance actions as well as FAA Information Collection Clearance route that closely follows the current documentation are required by Title 14 Officer, Performance, Policy, and Records published procedures to the northeast, CFR part 43. This insures proper Management Branch, ASP–110. north, and northwest. Aircraft on the certification of personnel; proper tooling [FR Doc. 2018–06264 Filed 3–27–18; 8:45 am] proposed west RNAV SID will climb is utilized and accurate measures to BILLING CODE 4910–13–P through 500 feet above ground level, or insure safety. FAA reviewed 142,652 1,635 feet mean sea level, then turn left form 337s in 2017 with 316,175 aircraft and right following paths similar to registrations filed in 2017. Each form DEPARTMENT OF TRANSPORTATION those prior to September 18, 2014. From 337 takes approximately .5 hours. there, they will follow an RNAV path Federal Aviation Administration that closely follows the current DATES: Written comments should be published procedure to the west. submitted by May 29, 2018. Agency Information Collection Aircraft departing to the southwest will ADDRESSES: Send comments to the FAA Activities: Requests for Comments; continue to fly the current RNAV at the following address: Barbara Hall, Clearance of Renewed Approval of procedures. Federal Aviation Administration, ASP– Information Collection: License Requirements for Operation of a Right of Appeal: This CATEX/ROD 110, 10101 Hillwood Parkway, Fort Launch Site constitutes a final order of the FAA Worth, TX 76177 Administrator and is subject to FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Aviation exclusive judicial review under 49 Barbara Hall by email at: Administration (FAA), DOT. [email protected]; phone: 940– U.S.C. 46110 by the U.S. Circuit Court ACTION: Notice and request for 594–5913 of Appeals for the District of Columbia comments. or the U.S. Circuit Court of Appeals for SUPPLEMENTARY INFORMATION: the circuit in which the person OMB Control Number: 2120–0020. SUMMARY: In accordance with the contesting the decision resides or has its Title: Maintenance, Preventive Paperwork Reduction Act of 1995, FAA principal place of business. Any party Maintenance, Rebuilding, and invites public comments about our having substantial interest in this order Alteration. intention to request the Office of may apply for review of the decision by Form Numbers: Aircraft maintenance Management and Budget (OMB) filing a petition for review in the logbooks and form 337. approval to renew an information appropriate U.S. Court of Appeals no Type of Review: Renewal of collection. The information to be later than 60 days after the order is information collection. collected includes data required for

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performing launch site location DEPARTMENT OF TRANSPORTATION Federal Aviation Administration, ASP– analysis. The launch site license is valid 110, 10101 Hillwood Parkway, Fort for a period of 5 years. Respondents are Federal Aviation Administration Worth, TX 76177. licensees authorized to operate sites. Public Comments Invited: You are Agency Information Collection asked to comment on any aspect of this DATES: Written comments should be Activities: Requests for Comments; submitted by May 29, 2018. information collection, including (a) Clearance of Renewed Approval of Whether the proposed collection of ADDRESSES: Send comments to the FAA Information Collection: Commercial information is necessary for FAA’s at the following address: Barbara Hall, Space Transportation Licensing performance; (b) the accuracy of the Federal Aviation Administration, ASP– Regulations estimated burden; (c) ways for FAA to 110, 10101 Hillwood Parkway, Fort enhance the quality, utility and clarity Worth, TX 76177. AGENCY: Federal Aviation Administration (FAA), DOT. of the information collection; and (d) FOR FURTHER INFORMATION CONTACT: ways that the burden could be ACTION: Notice and request for Barbara Hall at (940) 594–5913, or by minimized without reducing the quality comments. email at: [email protected]. of the collected information. The agency SUPPLEMENTARY INFORMATION: SUMMARY: In accordance with the will summarize and/or include your OMB Control Number: 2120–0644. Paperwork Reduction Act of 1995, FAA comments in the request for OMB’s Title: License Requirements for invites public comments about our clearance of this information collection. Operation of a Launch Site. intention to request the Office of Issued in Fort Worth, TX on March 20, Form Numbers: There are no FAA Management and Budget (OMB) 2018. forms associated with this collection. approval to renew an information Barbara L. Hall, Type of Review: Renewal of an collection. The information will FAA Assistant Information Collection information collection. determine if applicant proposals for Clearance Officer, Performance, Policy, and Background: The data requested for a conducting commercial space launches Records Management Branch, ASP–110. license application to operate a can be accomplished according to [FR Doc. 2018–06254 Filed 3–27–18; 8:45 am] commercial launch site are required by regulations issued by the Office of the BILLING CODE 4910–13–P 49 U.S.C. Subtitle IX, 701—Commercial Associate Administrator for Commercial Space Launch Activities, 49 U.S.C. Space Transportation. DEPARTMENT OF TRANSPORTATION 70101–70119 (1994). The information is DATES: Written comments should be submitted by May 29, 2018. needed in order to demonstrate to the Federal Aviation Administration FAA Office of Commercial Space FOR FURTHER INFORMATION CONTACT: Transportation (FAA/AST) that the Barbara Hall at (940) 594–5913, or by Agency Information Collection proposed activity meets applicable email at: [email protected]. Activities: Requests for Comments; public safety, national security, and SUPPLEMENTARY INFORMATION: Clearance of Renewed Approval of foreign policy interest of the United OMB Control Number: 2120–0608. Information Collection: FAA Entry States. Title: Commercial Space Point Filing Form—International Respondents: Approximately 2 Transportation Licensing Regulations. Registry applicants. Form Numbers: FAA Form 8800–1. AGENCY: Federal Aviation Frequency: Information is collected Type of Review: Renewal of an Administration (FAA), DOT. on occasion. information collection. ACTION: Estimated Average Burden per Background: The Commercial Space Notice and request for Response: 2,322 hours. Launch Act of 1984, 49 U.S.C. App. comments. §§ 2601–2623, as recodified at 49 U.S.C. Estimated Total Annual Burden: SUMMARY: Subtitle IX, Ch. 701—Commercial Space In accordance with the 4,644 hours. Launch Activities, 49 U.S.C. 70101– Paperwork Reduction Act of 1995, FAA Public Comments Invited: You are 70119 (1994), requires certain data be invites public comments about our asked to comment on any aspect of this provided in applying for a license to intention to request the Office of information collection, including (a) conduct commercial space launch Management and Budget (OMB) Whether the proposed collection of activities. These data are required to approval to renew an information information is necessary for FAA’s demonstrate to the Federal Aviation collection. The information collected is performance; (b) the accuracy of the Administration (FAA), Associate required from aircraft operators who estimated burden; (c) ways for FAA to Administrator for Commercial Space wish to obtain a unique authorization enhance the quality, utility and clarity Transportation (AST), that a license code for transmitting information to the of the information collection; and (d) applicant’s proposed activities meet International Registry in Dublin, ways that the burden could be applicable public safety, national Ireland. An estimated 30 minutes is minimized without reducing the quality security, and foreign policy interests of required to complete the only form in of the collected information. The agency the United States. the collection, AC Form 8050–135. will summarize and/or include your Respondents: Approximately 17 space DATES: Written comments should be comments in the request for OMB’s launch applicants (Initial, Modification submitted by May 29, 2018. clearance of this information collection. and Renewal). ADDRESSES: Send comments to the FAA Issued in Fort Worth, TX, on March 20, Frequency: Information is collected at the following address: Barbara Hall, 2018. on occasion. Federal Aviation Administration, ASP– Barbara L. Hall, Estimated Average Burden per 110, 10101 Hillwood Parkway, Fort FAA Information Collection Clearance Response: 264 hours. Worth, TX 76177. Officer, Performance, Policy, and Records Estimated Total Annual Burden: FOR FURTHER INFORMATION CONTACT: Management Branch, ASP–110. 4,493 hours. Barbara Hall by email at: [FR Doc. 2018–06248 Filed 3–27–18; 8:45 am] ADDRESSES: Send comments to the FAA [email protected]; phone: 940– BILLING CODE 4910–13–P at the following address: Barbara Hall, 594–5913.

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SUPPLEMENTARY INFORMATION: of the collected information. The agency New Jersey Avenue SE, West Building OMB Control Number: 2120–0697. will summarize and/or include your Ground Floor, Room W12–140, Title: FAA Entry Point Filing Form— comments in the request for OMB’s Washington, DC 20590–0001. International Registry. clearance of this information collection. Hand Delivery or Courier: West Form Numbers: AC Form 8050–135. Building Ground Floor, Room W12–140, Type of Review: Renewal of existing Issued in Fort Worth, TX on March 20, 2018. 1200 New Jersey Avenue SE, between 9 collection. Barbara L. Hall, a.m. and 5 p.m. ET, Monday through Background: This information Friday, except Federal holidays. FAA Information Collection Clearance collection supports Department of Fax: 202–366–3383. Transportation strategic goals regarding Officer, Performance, Policy, and Records Management Branch, ASP–110. Instructions: Identify docket number, safety and security. The information DOT–OST–2014–0031, at the beginning [FR Doc. 2018–06256 Filed 3–27–18; 8:45 am] collected is necessary to obtain an of your comments, and send two copies. authorization code for transmission of BILLING CODE 4910–13–P To receive confirmation that DOT information to the International received your comments, include a self- Registry. DEPARTMENT OF TRANSPORTATION addressed stamped postcard. Internet The Convention on International users may access all comments received Interest in Mobile Equipment, as Bureau of Transportation Statistics by DOT at http://www.regulations.gov. modified by the Protocol to the All comments are posted electronically Convention on International Interests in [Docket ID Number DOT–OST–2014–0031] without charge or edits, including any Mobile Equipment on Matters Specific Agency Information Collection; personal information provided. to Aircraft Equipment (herein after the Privacy Act: Anyone is able to search Activity Under OMB Review; Part 249 Cape Town Treaty or Treaty), provides the electronic form of all comments Preservation of Records for the creation and sustainment of the received into any of our dockets by the International Registry. The International AGENCY: Office of the Assistant name of the individual submitting the Registry is an electronic registry system Secretary for Research and Technology comment (or signing the comment, if that works in tandem with the current (OST–R), Bureau of Transportation submitted on behalf of an association, system operated by the FAA Civil Statistics (BTS), Department of business, labor union, etc.). You may Aviation Registry (Registry) for the Transportation. review DOT’s complete Privacy Act United States. Congress has designated ACTION: Notice. Statement in the Federal Register the Registry as the exclusive United published on April 11, 2000 (65 FR States Entry Point for transmissions to SUMMARY: In compliance with the 19477–78) or you may visit http:// the International Registry. To transmit Paperwork Reduction Act of 1995, DocketInfo.dot.gov. certain types of interests or prospective Public Law 104–13, the Bureau of Docket: For access to the docket to interests to the International Registry, Transportation Statistics invites the read background documents or interested parties must file a completed general public, industry and other comments received, go to http:// FAA Entry Point Filing Form— governmental parties to comment on the www.regulations.gov or the street International Registry, AC Form 8050– continuing need for and usefulness of address listed above. Follow the online 135, with the Registry. Upon receipt of BTS requiring certificated air carriers to instructions for accessing the dockets. the completed form, the Registry, upon preserve accounting records, consumer Electronic Access verifying the accuracy of the submitted complaint letters, reservation reports data, issues the unique authorization and records, system reports of aircraft You may access comments received code. movements, etc. Also, public charter for this notice at http:// Respondents: Aircraft owners desiring operators and overseas military www.regulations.gov, by searching authorization for filing with the personnel charter operators are required docket DOT–OST–2014–0031. International Registry. The submission to retain certain contracts, invoices, SUPPLEMENTARY INFORMATION: of the information in question is not an receipts, bank records and reservation OMB Approval No.: 2138–0006. FAA requirement for aircraft records. Title: Preservation of Air Carrier registration. Its sole purpose is to create Records—14 CFR part 249. DATES: Written comments should be authorization for filing with the Form No.: None. submitted by May 29, 2018. International Registry. Type of Review: Extension of a Frequency: As desired by the aircraft FOR FURTHER INFORMATION CONTACT: Jeff currently approved recordkeeping owner. Gorham, Office of Airline Information, requirement. Estimated Average Burden per RTS–42, Room E34, OST–R, BTS, 1200 Respondents: Certificated air carriers Response: 30 minutes. New Jersey Avenue SE, Washington, DC and charter operators. Estimated Total Annual Burden: 20590–0001, Telephone Number (202) Number of Respondents: 89 Based on FY ’17 approximately 15,000 366–4406, Fax Number (202) 366–3383 certificated air carriers, 280 charter filings, the estimated annual burden is or Email [email protected]. operators. 7,500 hours. ADDRESSES: Estimated Time per Response: 3 hours Public Comments Invited: You are Comments: You may submit per certificated air carrier, 1 hour per asked to comment on any aspect of this comments identified by DOT Docket ID charter operator. information collection, including (a) Number DOT–OST–2014–0031 OMB Total Annual Burden: 547 hours. Whether the proposed collection of Approval No. 2138–0006 by any of the Needs and Uses: Part 249 requires the information is necessary for FAA’s following methods: retention of records such as: general and performance; (b) the accuracy of the Federal eRulemaking Portal: Go to subsidiary ledgers, journals and journal estimated burden; (c) ways for FAA to http://www.regulations.gov. Follow the vouchers, voucher distribution registers, enhance the quality, utility and clarity online instructions for submitting accounts receivable and payable of the information collection; and (d) comments. journals and ledgers, subsidy records ways that the burden could be Mail: Docket Services: U.S. documenting underlying financial and minimized without reducing the quality Department of Transportation, 1200 statistical reports to DOT, funds reports,

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consumer records, sales reports, DEPARTMENT OF TRANSPORTATION by DOT at http://www.regulations.gov. auditors’ and flight coupons, air All comments are posted electronically waybills, etc. Depending on the nature Bureau of Transportation Statistics without charge or edits, including any of the document, the carrier may be [Docket ID Number DOT–OST–2014–0031 personal information provided. required to retain the document for a BTS Paperwork Reduction Notice] Privacy Act: Anyone is able to search period of 30 days to three years. Public the electronic form of all comments charter operators and overseas military Agency Information Collection; received into any of our dockets by the personnel charter operators must retain Activity Under OMB Review; name of the individual submitting the documents which evidence or reflect Submission of Audit Reports—Part 248 comment (or signing the comment, if submitted on behalf of an association, deposits made by each charter AGENCY: Office of the Assistant business, labor union, etc.). You may participant and commissions received Secretary for Research and Technology review DOT’s complete Privacy Act by, paid to, or deducted by travel agents, (OST–R), Bureau of Transportation Statement in the Federal Register and all statements, invoices, bills and Statistics (BTS), Department of published on April 11, 2000 (65 FR receipts from suppliers or furnishers of Transportation. 19477–78) or you may visit http:// goods and services in connection with ACTION: Notice. DocketInfo.dot.gov. the tour or charter. These records are Docket: For access to the docket to SUMMARY: In compliance with the retained for six months after completion read background documents or Paperwork Reduction Act of 1995, of the charter program. comments received, go to http:// Public Law 104–13, the Bureau of www.regulations.gov. or the street Not only is it imperative that carriers Transportation Statistics invites the address listed above. Follow the online and charter operators retain source general public, industry and other instructions for accessing the dockets. documentation, but it is critical that governmental parties to comment on the DOT has access to these records. Given continuing need for and usefulness of Electronic Access DOT’s established information needs for BTS requiring U.S. large certificated air You may access comments received such reports, the underlying support carriers to submit two true and complete for this notice at http:// documentation must be retained for a copies of its annual audit that is made www.regulations.gov, by searching reasonable period of time. Absent the by an independent public accountant. If docket DOT–OST–2014–0031. retention requirements, the support for a carrier does not have an annual audit, FOR FURTHER INFORMATION CONTACT: such reports may or may not exist for the carrier must file a statement that no [email protected], Office of Airline audit/validation purposes and the audit has been performed. Comments Information, RTS–42, Room E34, Bureau relevance and usefulness of the carrier are requested concerning whether (1) of Transportation Statistics, 1200 New submissions would be impaired, since the audit reports are needed by BTS and Jersey Avenue SE, Washington, DC the data could not be verified to the DOT; (2) BTS accurately estimated the 20590–0001. reporting burden; (3) there are other source on a test basis. SUPPLEMENTAL INFORMATION: OMB ways to enhance the quality, utility and Approval No.: 2138–0004. The Confidential Information clarity of the information collected; and Protection and Statistical Efficiency Act Title: Submission of Audit Reports— (4) there are ways to minimize reporting Part 248. of 2002 (44 U.S.C. 3501 note), requires burden, including the use of automated a statistical agency to clearly identify Form No.: None. collection techniques or other forms of Type Of Review: Extension of a information it collects for non-statistical information technology. currently approved collection. purposes. BTS hereby notifies the DATES: Written comments should be Respondents: Large certificated air respondents and the public that BTS submitted by May 29, 2018. carriers. uses the information it collects under ADDRESSES: You may submit comments Number of Respondents: 60. this OMB approval for non-statistical identified by DOT Docket ID Number Number of Responses: 60. purposes including, but not limited to, DOT–OST–2014–0031 by any of the Total Annual Burden: 20 hours. publication of both Respondent’s following methods: Needs and Uses: BTS collects identity and its data, submission of the Federal eRulemaking Portal: Go to independent audited financial reports information to agencies outside BTS for http://www.regulations.gov. Follow the from U.S. certificated air carriers. review, analysis and possible use in online instructions for submitting Carriers not having an annual audit regulatory and other administrative comments. must file a statement that no such audit matters. Mail: Docket Services: U.S. has been performed. In lieu of the audit Department of Transportation, 1200 report, BTS will accept the annual Issued in Washington, DC, on March 20, New Jersey Avenue SE, West Building report submitted to the stockholders. 2018. Ground Floor, Room W12–140, The audited reports are needed by the William Chadwick, Jr., Washington, DC 20590–0001. Department of Transportation as (1) a Director, Office of Airline Information, Hand Delivery or Courier: West means to monitor an air carrier’s Bureau of Transportation Statistics. Building Ground Floor, Room W12–140, continuing fitness to operate, (2) [FR Doc. 2018–06204 Filed 3–27–18; 8:45 am] 1200 New Jersey Avenue SE, between 9 reference material used by analysts in BILLING CODE 4910–9X–P a.m. and 5 p.m. ET, Monday through examining foreign route cases (3) Friday, except Federal holidays. reference material used by analyst in Fax: 202–366–3383. examining proposed mergers, Instructions: Identify docket number, acquisitions and consolidations, (4) a DOT–OST–2014–0031, at the beginning means whereby BTS sends a copy of the of your comments, and send two copies. report to the International Civil Aviation To receive confirmation that DOT Organization (ICAO) in fulfillment of a received your comments, include a self- United States treaty obligation, and (5) addressed stamped postcard. Internet corroboration of a carrier’s Form 41 users may access all comments received filings.

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The Confidential Information New Jersey Avenue SE, West Building This information collection allows the Protection and Statistical Efficiency Act Ground Floor, Room W12–140, Department to monitor and disclose the of 2002 (44 U.S.C. 3501 note), requires Washington, DC 20590–0001. amount of unsecured credit extended by a statistical agency to clearly identify Hand Delivery or Courier: West airlines to candidates for Federal office. information it collects for non-statistical Building Ground Floor, Room W12–140, All certificated air carriers are required purposes. BTS hereby notifies the 1200 New Jersey Avenue SE, between 9 to submit this information. respondents and the public that BTS a.m. and 5 p.m. ET, Monday through The Confidential Information uses the information it collects under Friday, except Federal holidays. Protection and Statistical Efficiency Act this OMB approval for non-statistical Fax: 202–493–2251. of 2002 (44 U.S.C. 3501 note), requires purposes including, but not limited to, Instructions: Identify docket number, a statistical agency to clearly identify publication of both Respondent’s DOT–OST–2014–0031, at the beginning information it collects for non-statistical identity and its data, submission of the of your comments, and send two copies. purposes. BTS hereby notifies the information to agencies outside BTS for To receive confirmation that DOT respondents and the public that BTS review, analysis and possible use in received your comments, include a self- uses the information it collects under regulatory and other administrative addressed stamped postcard. Internet this OMB approval for non-statistical matters. users may access all comments received purposes including, but not limited to, publication of both Respondent’s Issued in Washington, DC, on March 20, by DOT at http://www.regulations.gov. 2018. All comments are posted electronically identity and its data, submission of the information to agencies outside BTS for William Chadwick, Jr., without charge or edits, including any personal information provided. review, analysis and possible use in Director, Office of Airline Information, regulatory and other administrative Bureau of Transportation Statistics. Privacy Act: Anyone is able to search the electronic form of all comments matters. [FR Doc. 2018–06201 Filed 3–27–18; 8:45 am] received into any of our dockets by the Issued in Washington, DC, on March 20, BILLING CODE 4910–9X–P name of the individual submitting the 2018. comment (or signing the comment, if William Chadwick, Jr., DEPARTMENT OF TRANSPORTATION submitted on behalf of an association, Director, Office of Airline Information, business, labor union, etc.). You may Bureau of Transportation Statistics. Bureau of Transportation Statistics review DOT’s complete Privacy Act [FR Doc. 2018–06203 Filed 3–27–18; 8:45 am] Statement in the Federal Register BILLING CODE 4910–9X–P [Docket ID Number DOT–OST–2014–0031 published on April 11, 2000 (65 FR BTS Paperwork Reduction Notice] 19477–78) or you may visit http:// Agency Information Collection; DocketInfo.dot.gov. DEPARTMENT OF TRANSPORTATION Activity Under OMB Review; Report of Docket: For access to the docket to Extension of Credit to Political read background documents or Bureau of Transportation Statistics Candidates—Form 183 comments received, go to http:// [Docket DOT–OST–2014–0031 BTS www.regulations.gov. or the street Paperwork Reduction Notice] AGENCY: Office of the Assistant address listed above. Follow the online Secretary for Research and Technology instructions for accessing the dockets. Agency Information Collection; (OST–R), Bureau of Transportation FOR FURTHER INFORMATION CONTACT: Jeff Activity Under OMB Review; Reporting Statistics (BTS), Department of Gorham, Office of Airline Information, Required for International Civil Transportation. RTS–42, Bureau of Transportation Aviation Organization (ICAO) ACTION: Notice. Statistics, 1200 New Jersey Avenue AGENCY: Office of the Assistant Street SE, Washington, DC 20590–0001, Secretary for Research and Technology SUMMARY: In compliance with the (202) 366–4406. Paperwork Reduction Act of 1995, (OST–R), Bureau of Transportation SUPPLEMENTARY INFORMATION: Public Law 104–13, the Bureau of Statistics (BTS), Department of OMB Approval No.: 2138–0016. Transportation Statistics invites the Transportation. Title: Report of Extension of Credit to general public, industry and other ACTION: Notice. Political Candidates—Form 183 14 CFR governmental parties to comment on the part 374a. SUMMARY: In compliance with the continuing need and usefulness of BTS Form No.: 183. Paperwork Reduction Act of 1995, collecting reports from air carriers on Type Of Review: Extension of a Public Law 104–13, the Bureau of the aggregated indebtedness balance of currently approved collection. Transportation Statistics invites the a political candidate or party for Federal Respondents: Certificated air carriers. general public, industry and other office. The reports are required when Number of Respondents: 2 (Monthly governmental parties to comment on the the aggregated indebtedness is over Average). continuing need and usefulness of BTS $5,000 on the last day of a month. Number of Responses: 24. collecting supplemental data for the DATES: Written comments should be Estimated Time per Response: 1 hour. International Civil Aviation submitted by May 29, 2018. Total Annual Burden: 24 hours. Organization (ICAO). Comments are ADDRESSES: You may submit comments Needs and Uses: The Department uses requested concerning whether (1) the identified by DOT Docket ID Number this form as the means to fulfill its supplemental reports are needed by BTS DOT–OST–2014–0031 by any of the obligation under the Federal Election to fulfill the United States treaty following methods: Campaign Act of 1971 (the Act). The obligation of furnishing financial and Federal eRulemaking Portal: Go to Act’s legislative history indicates that traffic reports to ICAO; (2) BTS http://www.regulations.gov. Follow the one of its statutory goals is to prevent accurately estimated the reporting online instructions for submitting candidates for Federal political office burden; (3) there are other ways to comments. from incurring large amounts of enhance the quality, utility and clarity Mail: Docket Services: U.S. unsecured debt with regulated of the information collected; and (4) Department of Transportation, 1200 transportation companies (e.g., airlines). there are ways to minimize reporting

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burden, including the use of automated OMB Approval No.: 2138–0039. these persons are blocked, and U.S. collection techniques or other forms of Title: Reporting Required for persons are generally prohibited from information technology. International Civil Aviation engaging in transactions with them. DATES: Written comments should be Organization (ICAO). DATES: See SUPPLEMENTARY INFORMATION submitted by May 29, 2018. Form No.: BTS Form EF. section. Type of Review: Extension of a ADDRESSES: You may submit comments FOR FURTHER INFORMATION CONTACT: currently approved collection. identified by DOT Docket ID Number OFAC: Associate Director for Global Respondents: Large certificated air DOT–OST–2014–0031 OMB Approval Targeting, tel.: 202–622–2420; Assistant carriers. No. 2138–0039 by any of the following Number of Respondents: 34. Director for Sanctions Compliance & methods: Number of Responses: 34. Evaluation, tel.: 202–622–2490; Federal eRulemaking Portal: Go to Total Annual Burden: 23 hours. Assistant Director for Licensing, tel.: http://www.regulations.gov. Follow the Needs and Uses: As a party to the 202–622–2480; Assistant Director for online instructions for submitting Convention on International Civil Regulatory Affairs, tel. 202–622–4855; comments. Aviation (Treaty), the United States is or the Department of the Treasury’s Mail: Docket Services: U.S. obligated to provide ICAO with Office of the General Counsel: Office of Department of Transportation, 1200 financial and statistical data on the Chief Counsel (Foreign Assets New Jersey Avenue SE, West Building operations of U.S. carriers. Over 99% of Control), tel.: 202–622–2410. Ground Floor, Room W12–140, the data filled with ICAO is extracted SUPPLEMENTARY INFORMATION: Washington, DC 20590–0001. from the air carriers’ Form 41 Hand Delivery or Courier: West Electronic Availability submissions to BTS. BTS Form EF is the Building Ground Floor, Room W12–140, means by which BTS supplies the The Specially Designated Nationals 1200 New Jersey Avenue SE, between 9 remaining 1% of the air carrier data to and Blocked Persons List and additional a.m. and 5 p.m. ET, Monday through ICAO. information concerning OFAC sanctions Friday, except Federal holidays. The Confidential Information programs are available on OFAC’s Fax: 202–366–3640. Protection and Statistical Efficiency Act website (www.treasury.gov/ofac). Instructions: Identify docket number, of 2002 (44 U.S.C. 3501 note), requires DOT–OST–2014–0031, at the beginning Notice of OFAC Actions a statistical agency to clearly identify of your comments, and send two copies. information it collects for non-statistical On March 23, 2018, OFAC To receive confirmation that DOT purposes. BTS hereby notifies the determined that the property and received your comments, include a self- respondents and the public that BTS interests in property subject to U.S. addressed stamped postcard. Internet uses the information it collects under jurisdiction of the following persons are users may access all comments received this OMB approval for non-statistical blocked under the relevant sanctions by DOT at http://www.regulations.gov. purposes including, but not limited to, authority listed below. All comments are posted electronically publication of both Respondent’s Individuals without charge or edits, including any identity and its data, submission of the personal information provided. 1. MESRI, Behzad (a.k.a. ‘‘Skote Vahshat’’); information to agencies outside BTS for Privacy Act: Anyone is able to search DOB 26 Aug 1988; alt. DOB 27 Aug 1988; review, analysis and possible use in POB Naghadeh, Iran; nationality Iran; the electronic form of all comments regulatory and other administrative Additional Sanctions Information—Subject received into any of our dockets by the matters. to Secondary Sanctions; Gender Male name of the individual submitting the (individual) [CYBER2]. comment (or signing the comment, if Issued in Washington, DC, on March 20, Designated pursuant to section 1(a)(ii)(D) submitted on behalf of an association, 2018. of Executive Order 13694 of April 1, 2015, business, labor union, etc.). You may William Chadwick, Jr., ‘‘Blocking the Property of Certain Persons review DOT’s complete Privacy Act Director, Office of Airline Information, Engaging in Significant Malicious Cyber- Statement in the Federal Register Bureau of Transportation Statistics. Enabled Activities’’ (E.O. 13694), as published on April 11, 2000 (65 FR [FR Doc. 2018–06196 Filed 3–27–18; 8:45 am] amended, is responsible for or complicit in, or has engaged in, directly or indirectly, 19477–78) or you may visit http:// BILLING CODE 4910–9X–P cyber-enabled activities originating from, or DocketInfo.dot.gov. directed by persons located, in whole or in Docket: For access to the docket to substantial part, outside the United States read background documents or DEPARTMENT OF THE TREASURY that are reasonably likely to result in, or have comments received, go to http:// materially contributed to, a significant threat www.regulations.gov. or the street Office of Foreign Assets Control to the national security, foreign policy, or address listed above. Follow the online economic health or financial stability of the instructions for accessing the dockets. Notice of OFAC Sanctions Actions. United States and that have the purpose or effect of causing a significant Electronic Access AGENCY: Office of Foreign Assets misappropriation of funds or economic Control, Treasury. An electronic copy of this rule, a copy resources, trade secrets, personal identifiers, ACTION: Notice. or financial information for commercial or of the notice of proposed rulemaking, competitive advantage or private financial and copies of the comments may be SUMMARY: The Department of the gain. downloaded at http:// Treasury’s Office of Foreign Assets 2. MOHAMMADI, Ehsan; DOB 25 Dec www.regulations.gov, by searching Control (OFAC) is publishing the names 1980; POB Tehran, Iran; nationality Iran; docket DOT–OST–2014–0031. of one or more persons that have been Additional Sanctions Information—Subject FOR FURTHER INFORMATION CONTACT: placed on OFAC’s Specially Designated to Secondary Sanctions; Gender Male; Passport U21669469 (Iran) issued 25 Jul 2011 [email protected], Office of Airline Nationals and Blocked Persons List Information, RTS–42, Room E34, OST– expires 24 Jul 2016; National ID No. 006– based on OFAC’s determination that one 718237–2; Birth Certificate Number 7608 R, 1200 New Jersey Avenue Street SE, or more applicable legal criteria were (individual) [CYBER2]. Washington, DC 20590–0001. satisfied. All property and interests in Designated pursuant to section 1(a)(ii)(D) SUPPLEMENTARY INFORMATION: property subject to U.S. jurisdiction of of Executive Order 13694 of April 1, 2015,

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‘‘Blocking the Property of Certain Persons or financial information for commercial or materially contributed to, a significant threat Engaging in Significant Malicious Cyber- competitive advantage or private financial to the national security, foreign policy, or Enabled Activities’’ (E.O. 13694), as gain. economic health or financial stability of the amended, is responsible for or complicit in, 5. RAFATNEJAD, Gholamreza (a.k.a. United States and that have the purpose or or has engaged in, directly or indirectly, RAFAT NEJAD, Gholamreza); DOB 23 May effect of causing a significant cyber-enabled activities originating from, or 1979; POB Tabriz, Iran; nationality Iran; misappropriation of funds or economic directed by persons located, in whole or in Additional Sanctions Information—Subject resources, trade secrets, personal identifiers, substantial part, outside the United States to Secondary Sanctions; Gender Male; or financial information for commercial or that are reasonably likely to result in, or have National ID No. 137–582394–9; Birth competitive advantage or private financial materially contributed to, a significant threat Certificate Number 365 (individual) gain. to the national security, foreign policy, or [CYBER2]. 8. SADEGHI, Mostafa; DOB 19 Jan 1990; economic health or financial stability of the Designated pursuant to section 1(a)(ii)(D) alt. DOB 20 Jan 1990; alt. DOB 19 Jan 1991; United States and that have the purpose or of Executive Order 13694 of April 1, 2015, alt. DOB 20 Jan 1991; Additional Sanctions effect of causing a significant ‘‘Blocking the Property of Certain Persons Information—Subject to Secondary misappropriation of funds or economic Engaging in Significant Malicious Cyber- Sanctions; National ID No. 2500094065 resources, trade secrets, personal identifiers, Enabled Activities’’ (E.O. 13694), as (individual) [CYBER2]. or financial information for commercial or amended, is responsible for or complicit in, Designated pursuant to section 1(a)(ii)(D) competitive advantage or private financial or has engaged in, directly or indirectly, of Executive Order 13694 of April 1, 2015, gain. cyber-enabled activities originating from, or ‘‘Blocking the Property of Certain Persons 3. GOHARI MOQADAM, Abuzar (a.k.a. directed by persons located, in whole or in Engaging in Significant Malicious Cyber- GOHARI MOGHADAM, Abuzar; a.k.a. substantial part, outside the United States Enabled Activities’’ (E.O. 13694), as GOHARIMOQADAM, Abuzar); DOB 16 Sep that are reasonably likely to result in, or have amended, is responsible for or complicit in, 1980; alt. DOB 17 Sep 1980; POB Zabol, Iran; materially contributed to, a significant threat or has engaged in, directly or indirectly, nationality Iran; Additional Sanctions to the national security, foreign policy, or cyber-enabled activities originating from, or Information—Subject to Secondary economic health or financial stability of the directed by persons located, in whole or in Sanctions; Gender Male; Passport V29385211 United States and that have the purpose or substantial part, outside the United States (Iran) issued 19 Feb 2014 expires 19 Feb effect of causing a significant that are reasonably likely to result in, or have 2019; National ID No. 367–353055–063; Birth misappropriation of funds or economic materially contributed to, a significant threat Certificate Number 455 (individual) resources, trade secrets, personal identifiers, to the national security, foreign policy, or [CYBER2]. or financial information for commercial or economic health or financial stability of the Designated pursuant to section 1(a)(ii)(D) competitive advantage or private financial United States and that have the purpose or of Executive Order 13694 of April 1, 2015, gain. effect of causing a significant ‘‘Blocking the Property of Certain Persons 6. SABAHI, Roozbeh; DOB 08 Mar 1994; misappropriation of funds or economic Engaging in Significant Malicious Cyber- alt. DOB 09 Mar 1994; POB Iran; nationality resources, trade secrets, personal identifiers, Enabled Activities’’ (E.O. 13694), as Iran; Additional Sanctions Information— or financial information for commercial or amended, is responsible for or complicit in, Subject to Secondary Sanctions; Gender Male competitive advantage or private financial or has engaged in, directly or indirectly, (individual) [CYBER2]. gain. cyber-enabled activities originating from, or Designated pursuant to section 1(a)(ii)(D) 9. MIRKARIMI, Seyed Ali; DOB 20 Sep directed by persons located, in whole or in of Executive Order 13694 of April 1, 2015, 1983; POB Zanjan, Iran; nationality Iran; substantial part, outside the United States ‘‘Blocking the Property of Certain Persons Additional Sanctions Information—Subject that are reasonably likely to result in, or have Engaging in Significant Malicious Cyber- to Secondary Sanctions; Gender Male; materially contributed to, a significant threat Enabled Activities’’ (E.O. 13694), as Passport 86486868 (Iran); National ID No. to the national security, foreign policy, or amended, is responsible for or complicit in, 428–486320–7; Birth Certificate Number economic health or financial stability of the or has engaged in, directly or indirectly, 1973 (individual) [CYBER2]. United States and that have the purpose or cyber-enabled activities originating from, or Designated pursuant to section 1(a)(ii)(D) effect of causing a significant directed by persons located, in whole or in of Executive Order 13694 of April 1, 2015, misappropriation of funds or economic substantial part, outside the United States ‘‘Blocking the Property of Certain Persons resources, trade secrets, personal identifiers, that are reasonably likely to result in, or have Engaging in Significant Malicious Cyber- or financial information for commercial or materially contributed to, a significant threat Enabled Activities’’ (E.O. 13694), as competitive advantage or private financial to the national security, foreign policy, or amended, is responsible for or complicit in, gain. economic health or financial stability of the or has engaged in, directly or indirectly, 4. KARIMA, Abdollah (a.k.a. ‘‘VAHID’’); United States and that have the purpose or cyber-enabled activities originating from, or DOB 21 Mar 1979; POB Mashhad, Iran; effect of causing a significant directed by persons located, in whole or in nationality Iran; Additional Sanctions misappropriation of funds or economic substantial part, outside the United States Information—Subject to Secondary resources, trade secrets, personal identifiers, that are reasonably likely to result in, or have Sanctions; Gender Male; National ID No. or financial information for commercial or materially contributed to, a significant threat 093–343402–2; Birth Certificate Number competitive advantage or private financial to the national security, foreign policy, or 4043 (individual) [CYBER2]. gain. economic health or financial stability of the Designated pursuant to section 1(a)(ii)(D) 7. SABAHI, Mohammed Reza (a.k.a. United States and that have the purpose or of Executive Order 13694 of April 1, 2015, SABAHI, Mohammad Reza; a.k.a. ‘‘FARAZ’’); effect of causing a significant ‘‘Blocking the Property of Certain Persons DOB 02 Dec 1991; POB Tehran, Iran; misappropriation of funds or economic Engaging in Significant Malicious Cyber- nationality Iran; Additional Sanctions resources, trade secrets, personal identifiers, Enabled Activities’’ (E.O. 13694), as Information—Subject to Secondary or financial information for commercial or amended, is responsible for or complicit in, Sanctions; Gender Male; National ID No. competitive advantage or private financial or has engaged in, directly or indirectly, 041–023144–4 (individual) [CYBER2]. gain. cyber-enabled activities originating from, or Designated pursuant to section 1(a)(ii)(D) 10. TAHMASEBI, Sajjad; DOB 19 Jun 1987; directed by persons located, in whole or in of Executive Order 13694 of April 1, 2015, nationality Iran; Additional Sanctions substantial part, outside the United States ‘‘Blocking the Property of Certain Persons Information—Subject to Secondary that are reasonably likely to result in, or have Engaging in Significant Malicious Cyber- Sanctions; Gender Male; National ID No. materially contributed to, a significant threat Enabled Activities’’ (E.O. 13694), as 428–576368–0; Birth Certificate Number to the national security, foreign policy, or amended, is responsible for or complicit in, 6686 (individual) [CYBER2]. economic health or financial stability of the or has engaged in, directly or indirectly, Designated pursuant to section 1(a)(ii)(D) United States and that have the purpose or cyber-enabled activities originating from, or of Executive Order 13694 of April 1, 2015, effect of causing a significant directed by persons located, in whole or in ‘‘Blocking the Property of Certain Persons misappropriation of funds or economic substantial part, outside the United States Engaging in Significant Malicious Cyber- resources, trade secrets, personal identifiers, that are reasonably likely to result in, or have Enabled Activities’’ (E.O. 13694), as

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amended, is responsible for or complicit in, 40408 of Division A of the Bipartisan ADDRESSES: Direct all written comments or has engaged in, directly or indirectly, Budget Act of 2018 extends the credit to Laurie Brimmer, Internal Revenue cyber-enabled activities originating from, or period for the Indian coal production Service, Room 6526, 1111 Constitution directed by persons located, in whole or in credit from an 11-year period beginning Avenue NW, Washington, DC 20224. substantial part, outside the United States that are reasonably likely to result in, or have on January 1, 2006, to a 12-year period FOR FURTHER INFORMATION CONTACT: materially contributed to, a significant threat beginning on January 1, 2006. This Requests for additional information or to the national security, foreign policy, or provision is effective for coal produced copies of the form and instructions economic health or financial stability of the in the United States or a possession should be directed to Sandra Lowery at United States and that have the purpose or thereof after December 31, 2016. Internal Revenue Service, Room 6526, effect of causing a significant 1111 Constitution Avenue NW, misappropriation of funds or economic DATES: The 2017 inflation adjustment resources, trade secrets, personal identifiers, factor applies to calendar year 2017 Washington, DC 20224, or at (202) 317– or financial information for commercial or sales of Indian coal produced in the 5754 or through the internet, at competitive advantage or private financial United States or a possession thereof. [email protected]. gain. Inflation Adjustment Factor: The SUPPLEMENTARY INFORMATION: Entity: inflation adjustment factor for calendar Title: Request for Copy of Tax Return. OMB Number: 1545–0429. 1. MABNA INSTITUTE, Mirdamad, Naft year 2017 for Indian coal is 1.2115. Form Number: Form 4506. Jonubi, Taban Alley, Plaque 2⁄1, Unit 102, Credit Amount for Indian Coal: As Tehran, Iran; East Shahid Hemmat Highway, required by section 45(e)(10)(B)(ii), the Abstract: Internal Revenue Code North Emam Ali Highway, East Artesh $2.00 amount in section 45(e)(10)(B)(i) section 7513 allows taxpayers to request Highway, Town of Qa’em, Banafsheh Street, is adjusted by multiplying such amount a copy of a tax return or related Second Door, Plaque 2, Tehran, Iran; by the inflation adjustment factor for the documents. Form 4506 is used for this Ansariyeh Boulevard, 6th Bustan, Plaque calendar year. Under the calculation purpose. The information provided will 488, 4515736541, Zanjan, Iran; Additional required by section 45(e)(10)(B)(ii), the be used for research to locate the tax Sanctions Information—Subject to Secondary credit for Indian coal production for form and to ensure that the requestor is Sanctions [CYBER2]. the taxpayer or someone authorized by Designated pursuant to section 1(a)(ii)(D) calendar year 2017 under section of Executive Order 13694 of April 1, 2015, 45(e)(10)(B) is $2.423 per ton on the sale the taxpayer to obtain the documents ‘‘Blocking the Property of Certain Persons of Indian coal. requested. Current Actions: There are no changes Engaging in Significant Malicious Cyber- FOR FURTHER INFORMATION CONTACT: Phil being made to the form at this time. Enabled Activities’’ (E.O. 13694), as Tiegerman, CC:PSI:6, Internal Revenue amended, is responsible for or complicit in, Type of Review: Extension of a or has engaged in, directly or indirectly, Service, 1111 Constitution Avenue NW, currently approved collection. cyber-enabled activities originating from, or Washington, DC 20224, (202) 317–6853 Affected Public: Business or other for- directed by persons located, in whole or in (not a toll-free number). profit organizations, individuals or substantial part, outside the United States Christopher T. Kelley households, farms, and Federal, state, that are reasonably likely to result in, or have materially contributed to, a significant threat Special Counsel to the Associate Chief local, or tribal governments. to the national security, foreign policy, or Counsel (Passthroughs and Special Estimated Number of Respondents: economic health or financial stability of the Industries). 325,000. United States and that have the purpose or [FR Doc. 2018–06236 Filed 3–27–18; 8:45 am] Estimated Time Per Respondent: 48 effect of causing a significant BILLING CODE 4830–01–P min. misappropriation of funds or economic Estimated Total Annual Burden resources, trade secrets, personal identifiers, Hours: 260,000. or financial information for commercial or DEPARTMENT OF THE TREASURY The following paragraph applies to all competitive advantage or private financial of the collections of information covered gain. Internal Revenue Service by this notice: Dated: March 23, 2018. An agency may not conduct or John E. Smith, Proposed Collection; Comment sponsor, and a person is not required to Request for Form 4506 Director, Office of Foreign Assets Control. respond to, a collection of information [FR Doc. 2018–06216 Filed 3–27–18; 8:45 am] AGENCY: Internal Revenue Service (IRS), unless the collection of information BILLING CODE 4810–AL–P Treasury. displays a valid OMB control number. Books or records relating to a collection ACTION: Notice and request for of information must be retained as long DEPARTMENT OF THE TREASURY comments. as their contents may become material in the administration of any internal SUMMARY: The Internal Revenue Service, Internal Revenue Service revenue law. Generally, tax returns and as part of its continuing effort to reduce tax return information are confidential, paperwork and respondent burden, Credit for Indian Coal Production and as required by 26 U.S.C. 6103. invites the general public and other Inflation Adjustment Factor for Request for Comments: Comments Federal agencies to take this Calendar Year 2017 submitted in response to this notice will opportunity to comment on proposed be summarized and/or included in the AGENCY: Internal Revenue Service (IRS), and/or continuing information request for OMB approval. All Treasury. collections, as required by the comments will become a matter of ACTION: Publication of inflation Paperwork Reduction Act of 1995. The public record. Comments are invited on: adjustment factor for Indian coal IRS is soliciting comments concerning (a) Whether the collection of production for calendar year 2017. Form 4506, Request for Copy of Tax information is necessary for the proper Return. SUMMARY: The 2017 inflation adjustment performance of the functions of the factor is used in determining the DATES: Written comments should be agency, including whether the availability of the credit for Indian coal received on or before May 29, 2018 to information shall have practical utility; production under section 45. Section be assured of consideration. (b) the accuracy of the agency’s estimate

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of the burden of the collection of Title: Information and Initial Excise (b) the accuracy of the agency’s estimate information; (c) ways to enhance the Tax Return for Black Lung Benefit of the burden of the collection of quality, utility, and clarity of the Trusts and Certain Related Persons, and information; ways to enhance the information to be collected; (d) ways to Form 6069, Return of Excise Tax on quality, utility, and clarity of the minimize the burden of the collection of Excess Contributions to Black Lung information to be collected; (d) ways to information on respondents, including Benefit Trust Under Section 4953 and minimize the burden of the collection of through the use of automated collection Computation of Section 192 Deduction. information on respondents, including techniques or other forms of information OMB Number: 1545–0049. through the use of automated collection technology; and (e) estimates of capital Form Number: 990–BL and Form techniques or other forms of information or start-up costs and costs of operation, 6069. technology; and (e) estimates of capital maintenance, and purchase of services Abstract: IRS uses Form 990–BL to or start-up costs and costs of operation, to provide information. monitor activities of black lung benefit maintenance, and purchase of service to Approved: March 22, 2018. trusts, and to collect excise taxes on provide information. these trusts and certain related persons Laurie Brimmer, Approved: March 22, 2018. if they engage in proscribed activities. Laurie Brimmer, Senior Tax Analyst. The tax is figured on Schedule A and [FR Doc. 2018–06234 Filed 3–27–18; 8:45 am] attached to Form 990–BL. Form 6069 is Senior Tax Analyst. BILLING CODE 4830–01–P used by coal mine operators to figure [FR Doc. 2018–06239 Filed 3–27–18; 8:45 am] the maximum deduction to a black lung BILLING CODE 4830–01–P benefit trust. If excess contributions are DEPARTMENT OF THE TREASURY made, IRS uses the form to figure and DEPARTMENT OF TREASURY Internal Revenue Service collect the tax on excess contributions. Current Actions: There are no changes Internal Revenue Service Proposed Collection; Comment being made to the form at this time. Request for Form 990–BL and Form Type of Review: Extension of a Electronic Tax Administration 6069. currently approved collection. Advisory Committee (ETAAC); Affected Public: Business or other for- Nominations AGENCY: Internal Revenue Service (IRS), profit organizations, individuals, and Treasury. not-for-profit institutions. AGENCY: Internal Revenue Service, Department of Treasury. ACTION: Notice and request for Form 990–BL comments. Estimated Number of Respondents: ACTION: Request for nominations. 22. SUMMARY: The Internal Revenue Service SUMMARY: The Internal Revenue Service, Estimated Time Per Respondent: 34 (IRS) is requesting applications from as part of its continuing effort to reduce hrs., 15 min. individuals with experience in paperwork and respondent burden, Estimated Total Annual Burden cybersecurity and information security, invites the general public and other Hours: 754. tax software development, tax Federal agencies to take this Form 6069 preparation, payroll and tax financial opportunity to comment on proposed Estimated Number of Respondents: 1. product processing, systems and/or continuing information Estimated Time Per Respondent: 9 management and improvement, collections, as required by the hours, 56 minutes. implementation of customer service Paperwork Reduction Act of 1995. The Estimated Total Annual Burden initiatives, public administration, and IRS is soliciting comments concerning Hours: 10. consumer advocacy to be considered for Form 990–BL, Information and Initial The following paragraph applies to all selection as members of the Electronic Excise Tax Return for Black Lung of the collections of information covered Tax Administration Advisory Benefit Trusts and Certain Related by this notice: Committee (ETAAC). Persons, and Form 6069, Return of An agency may not conduct or Nominations should describe and Excise Tax on Excess Contributions to sponsor, and a person is not required to document the proposed member’s Black Lung Benefit Trust Under Section respond to, a collection of information qualification for ETAAC membership, 4953 and Computation of Section 192 unless the collection of information including the applicant’s knowledge of Deduction. displays a valid OMB control number regulations and the applicant’s past or DATES: Written comments should be Books or records relating to a collection current affiliations and dealings with received on or before May 29, 2018 to of information must be retained as long the particular tax segment or segments be assured of consideration. as their contents may become material of the community that the applicant in the administration of any Internal ADDRESSES: Direct all written comments wishes to represent on the committee. to Laurie Brimmer, Internal Revenue Revenue law. Generally, tax returns and Applications will be accepted for Service, Room 6526, 1111 Constitution tax return information are confidential, current vacancies from qualified Avenue NW, Washington, DC 20224. as required by 26 U.S.C. 6103. individuals and from professional and Request for Comments: Comments public interest groups that wish to have FOR FURTHER INFORMATION CONTACT: submitted in response to this notice will representation on ETAAC. Submissions Requests for additional information or be summarized and/or included in the must include an application and copies of the form and instruction request for OMB approval. All resume. should be directed to Sandra Lowery at comments will become a matter of ETAAC provides continuing input Internal Revenue Services, Room 6526, public record. Comments are invited on: into the development and 1111 Constitution Avenue NW, (a) Whether the collection of implementation of the IRS Washington, DC 20224, or at (202) 317– information is necessary for the proper organizational strategy for electronic tax 5754 or through the internet at performance of the functions of the administration. The ETAAC will [email protected]. agency, including whether the provide an organized public forum for SUPPLEMENTARY INFORMATION: information shall have practical utility; discussion of electronic tax

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administration issues such as development of the strategic plan for DATES: Written comments should be prevention of identity theft-related electronic tax administration. Members received on or before May 29, 2018 to refund fraud in support of the will provide an annual report to be assured of consideration. overriding goal that paperless filing Congress by June 30. ADDRESSES: Direct all written comments should be the preferred and most Applicants must complete the to Laurie Brimmer, Internal Revenue convenient method of filing tax and application form, which includes Service, room 6529, 1111 Constitution information returns. The ETAAC describing and documenting the Avenue NW, Washington, DC 20224. members will convey the public’s applicant’s qualifications for ETAAC FOR FURTHER INFORMATION CONTACT: perceptions of IRS electronic tax membership. Applicants must submit a Requests for additional information or administration activities, offer short one- or two-page statement copies of the form should be directed to constructive observations about current including recent examples of specific Kerry Dennis, at (202) 317–5751 or or proposed policies, programs and skills and qualifications as they relate Internal Revenue Service, Room 6529, procedures, and suggest improvements. to: Cybersecurity and information This is a volunteer position and 1111 Constitution Avenue NW, security, tax software development, tax members will serve three-year terms on Washington DC 20224, or through the preparation, payroll and tax financial the ETAAC to allow for a rotation in internet, at [email protected]. product processing, systems membership which ensures that SUPPLEMENTARY INFORMATION: management and improvement, different perspectives are represented. Title: International Boycott Report. implementation of customer service Travel expenses within government OMB Number: 1545–0216. initiatives, consumer advocacy and guidelines will be reimbursed. In Form Number(s): 5713 and Schedules public administration. Examples of accordance with Department of A, B, and C (Form 5713). critical thinking, strategic planning and Treasury Directive 21–03, a clearance Abstract: Form 5713 and related oral and written communication are process including fingerprints, annual Schedules A, B, and C are used by any tax checks, a Federal Bureau of desirable. entity that has operations in a Investigation criminal check and a An acknowledgement of receipt will ‘‘boycotting’’ country. If that entity practitioner check with the Office of be sent to all applicants. cooperates with or participates in an Professional Responsibility will be Equal opportunity practices will be international boycott, it may lose a conducted. followed in all appointments to the portion of the following benefits: the foreign tax credit, deferral of income of DATES: Written nominations must be ETAAC in accordance with Department received on or before May 10, 2018. of Treasury and IRS policies. The IRS a controlled foreign corporation, deferral of income of a domestic ADDRESSES: Nominations should be sent has a special interest in assuring that women and men, members of all races international sales corporation, or to: Michael Deneroff, IRS National deferral of income of a foreign sales Public Liaison Office, CL:NPL:SRM, and national origins, and individuals corporation. The IRS uses Form 5713 to Room 7559, 1111 Constitution Avenue with disabilities have an opportunity to determine if any of these benefits NW, Washington, DC 20224, Attn: serve on advisory committees. should be lost. The information is also ETAAC Nominations. Applications may Therefore, IRS extends particular used as the basis for a report to the also be submitted via fax to 855–811– encouragement to nominations from Congress. 8020 or via email at PublicLiaison@ such appropriately qualified Current Actions: There have been no irs.gov. Application packages are individuals. changes to the forms that would available on the IRS website at https:// Dated: March 20, 2018. increase burden. However, the agency www.irs.gov/e-file-providers/apply-for- John Lipold, has updated its estimated number of membership-on-the-electronic-tax- Designated Federal Official. responses for each form based on recent administration-advisory-committee- [FR Doc. 2018–06232 Filed 3–27–18; 8:45 am] etaac. Application packages may also be filing data. BILLING CODE 4830–01–P Type of Review: Revision of a requested by telephone from National currently approved collection. Public Liaison, 202–317–6851 (not a Affected Public: Business or other for- toll-free number). DEPARTMENT OF THE TREASURY profit organizations. FOR FURTHER INFORMATION CONTACT: Michael Deneroff at (202) 317–6851, or Internal Revenue Service Form 5713 send an email to [email protected]. Estimated Number of Respondents: 4,822. SUPPLEMENTARY INFORMATION: The Proposed Collection; Comment Estimated Time Per Respondent: establishment and operation of the Request for Regulation Project 28.37 hours. Electronic Tax Administration Advisory AGENCY: Committee (ETAAC) is required by the Internal Revenue Service (IRS), Schedule A (Form 5713) Internal Revenue Service (IRS) Treasury. Estimated Number of Respondents: Restructuring and Reform Act of 1998 ACTION: Notice and request for 244. (RRA 98), Title II, Section 2001(b)(2). comments. Estimated Time Per Respondent: 3.57 ETAAC follows a charter in accordance hours. with the provisions of the Federal SUMMARY: The Internal Revenue Service, Schedule B (Form 5713) Advisory Committee Act (FACA), 5 as part of its continuing effort to reduce Estimated Number of Respondents: U.S.C., App. 2. The ETAAC provides paperwork and respondent burden, 280. continued input into the development invites the general public and other Estimated Time Per Respondent: 7.46 and implementation of the IRS’s strategy Federal agencies to take this hours. for electronic tax administration. The opportunity to comment on continuing Schedule C (Form 5713) ETAAC will research, analyze, consider, information collections, as required by Estimated Number of Respondents: and make recommendations on a wide the Paperwork Reduction Act of 1995. 226. range of electronic tax administration The IRS is soliciting comments Estimated Time Per Respondent: 9 issues and will provide input into the concerning international boycott report. hours.

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Estimated Total Annual Burden DATES: The meeting will be held members will participate in Hours: 143,498, Wednesday, April 11, 2018. subcommittees that channel their The following paragraph applies to all FOR FURTHER INFORMATION CONTACT: feedback to the IRS through the Panel’s of the collections of information covered Robert Rosalia at 1–888–912–1227 or parent committee. by this notice. (718) 834–2203. The IRS is seeking applicants who An agency may not conduct or SUPPLEMENTARY INFORMATION: Notice is have an interest in good government, a sponsor, and a person is not required to hereby given pursuant to section personal commitment to volunteer respond to, a collection of information 10(a)(2) of the Federal Advisory approximately 200 to 300 hours a year, unless the collection of information Committee Act, 5 U.S.C. App. (1988) and a desire to help improve IRS displays a valid OMB control number. that an open meeting of the Taxpayer customer service. As a federal advisory committee, TAP is required to have Books or records relating to a collection Advocacy Panel Tax Forms and membership be fairly balanced in terms of information must be retained as long Publications Project Committee will be of the points of view represented. Thus, as their contents may become material held Wednesday, April 11, 2018, at 2:00 TAP membership represents a cross- in the administration of any internal p.m., Eastern Time via teleconference. section of the taxpaying public with at revenue law. Generally, tax returns and The public is invited to make oral least one member from each state, the tax return information are confidential, comments or submit written statements District of Columbia and Puerto Rico, in as required by 26 U.S.C. 6103. for consideration. Due to limited addition to one member representing Request for Comments: Comments conference lines, notification of intent international taxpayers. For application submitted in response to this notice will to participate must be made with Robert purposes, ‘‘international taxpayers’’ are be summarized and/or included in the Rosalia. For more information please defined broadly to include U.S. citizens request for OMB approval. All contact Robert Rosalia at 1–888–912– working, living, or doing business comments will become a matter of 1227 or (718) 834–2203, or write TAP abroad or in a U.S. territory. Potential public record. Comments are invited on: Office, 2 Metrotech Center, 100 Myrtle candidates must be U.S. citizens and (a) Whether the collection of Avenue, Brooklyn, NY 11201 or contact must pass a federal tax compliance information is necessary for the proper us at the website: http:// check and a Federal Bureau of performance of the functions of the www.improveirs.org. The agenda will Investigation criminal background agency, including whether the include various IRS issues. investigation. Applicants who practice information shall have practical utility; Dated: March 23, 2018. before the IRS must be in good standing (b) the accuracy of the agency’s estimate Kevin Brown, with the IRS. Federally-registered of the burden of the collection of Acting Director, Taxpayer Advocacy Panel. lobbyists cannot be members of the information; (c) ways to enhance the TAP. Current employees of any Bureau quality, utility, and clarity of the [FR Doc. 2018–06222 Filed 3–27–18; 8:45 am] BILLING CODE 4830–01–P of the Treasury Department or have information to be collected; (d) ways to worked for any Bureau of the Treasury minimize the burden of the collection of Department within three years of information on respondents, including DEPARTMENT OF THE TREASURY December 1 of the current year are not through the use of automated collection eligible. The IRS is seeking members or techniques or other forms of information Internal Revenue Service alternates in the following locations: technology; and (e) estimates of capital Locations that need Members: or start-up costs and costs of operation, Recruitment Notice for the Taxpayer Alaska, California, Hawaii, Kentucky, maintenance, and purchase of services Advocacy Panel Massachusetts, Michigan, New to provide information. Hampshire, New Mexico, North Dakota, AGENCY: Internal Revenue Service (IRS), New York, Oregon, Pennsylvania, Approved: March 20, 2018. Treasury. Laurie Brimmer, Rhode Island, Texas, Vermont, and ACTION: Notice. Senior Tax Analyst. Wyoming. The TAP is also seeking to include at least one (1) additional [FR Doc. 2018–06237 Filed 3–27–18; 8:45 am] SUMMARY: Notice of Open Season for member to represent international BILLING CODE 4830–01–P Recruitment of IRS Taxpayer Advocacy Panel (TAP) Members. taxpayers. For these purposes, ‘‘international taxpayers’’ are broadly DATES: March 23, 2018 through April defined to include U.S. citizens DEPARTMENT OF THE TREASURY 27, 2018. working, living, or doing business FOR FURTHER INFORMATION CONTACT: Fred Internal Revenue Service abroad or in a U.S. territory. N. Smith, Jr. 202–317–3087 (not a toll- Locations that need Alternates: Open Meeting of the Taxpayer free call). All states listed above and Colorado, Advocacy Panel Tax Forms and SUPPLEMENTARY INFORMATION: Notice is District of Columbia, Delaware, Kansas, Publications Project Committee hereby given that the Department of the Ohio, South Dakota, Virginia and Treasury and the Internal Revenue Washington. AGENCY: Internal Revenue Service (IRS), Service (IRS) are inviting individuals to TAP members are a diverse group of Treasury. help improve the nation’s tax agency by citizens who represent the interests of ACTION: Notice of meeting. applying to be members of the Taxpayer taxpayers from their respective Advocacy Panel (TAP). The mission of geographic locations by providing SUMMARY: An open meeting of the the TAP is to listen to taxpayers, feedback from a taxpayer’s perspective Taxpayer Advocacy Panel Tax Forms identify issues that affect taxpayers, and on ways to improve IRS customer and Publications Project Committee will make suggestions for improving IRS service and administration of the federal be conducted. The Taxpayer Advocacy service and customer satisfaction. The tax system, and by identifying grassroots Panel is soliciting public comments, TAP serves as an advisory body to the taxpayer issues. Members should have ideas and suggestions on improving Secretary of the Treasury, the good communication skills and be able customer service at the Internal Revenue Commissioner of Internal Revenue, and to speak to taxpayers about TAP and its Service. the National Taxpayer Advocate. TAP activities, while clearly distinguishing

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between TAP positions and their DATES: The roundtable is scheduled for DEPARTMENT OF VETERANS personal viewpoints. Thursday, April 12, 2018 from 9:30 a.m. AFFAIRS Interested applicants should visit the to 11:30 a.m. [OMB Control No. 2900–0101] TAP website at www.improveirs.org for ADDRESSES: TBD, Washington, DC. A more information about TAP. detailed agenda for the roundtable will Agency Information Collection Activity Applications must be submitted be posted on the Commission’s website Under OMB Review: Eligibility electronically at www.usajobs.gov. For at www.uscc.gov. Also, please check the Verification Reports (EVRs) questions about TAP membership, call the TAP toll-free number, 1–888–912– Commission’s website for possible AGENCY: Veterans Benefits 1227. Callers who are outside of the U.S. changes to the roundtable schedule. Administration, Department of Veterans and U.S. territories should call 202– Reservations are not required to attend Affairs. 317–3087 (not a toll-free call). the roundtable. ACTION: Notice. The opening date for submitting FOR FURTHER INFORMATION CONTACT: Any SUMMARY: In compliance with the applications is March 23, 2018, and the member of the public seeking further Paperwork Reduction Act (PRA) of deadline for submitting applications is information concerning the roundtable 1995, this notice announces that the April 27, 2018. Interviews may be held. should contact Leslie Tisdale, 444 North Veterans Benefits Administration The Department of the Treasury will Capitol Street NW, Suite 602, (VBA), Department of Veterans Affairs, review the recommended candidates Washington, DC 20001; telephone: 202– will submit the collection of and make final selections. New TAP 624–1496, or via email at ltisdale@ information abstracted below to the members will serve a three-year term uscc.gov. Reservations are not required Office of Management and Budget starting in December 2018. (Note: to attend the roundtable. (OMB) for review and comment. The highly-ranked applicants not selected as PRA submission describes the nature of SUPPLEMENTARY INFORMATION: members may be placed on a roster of the information collection and its alternates who will be eligible to fill Background: This roundtable will expected cost and burden and it future vacancies that may occur on the examine Chinese views on the includes the actual data collection Panel.) likelihood of various potential North instrument. Questions regarding the selection of Korean contingencies, how China could DATES: Comments must be submitted on TAP members may be directed to Fred play a role in the lead-up to or or before April 27, 2018. N. Smith, Jr., Taxpayer Advocacy Panel, unfolding of such contingencies, and ADDRESSES: Internal Revenue Service, 1111 implications for the United States and Submit written comments on the collection of information through Constitution Avenue NW, TA:TAP the region. This roundtable would aim www.Regulations.gov, or to Office of Room 1509, Washington, DC 20224, or to shed new light on the following: (1) 202–317–3087 (not a toll-free call). Information and Regulatory Affairs, Chinese thinking about potential crises Office of Management and Budget, Attn: Dated: March 23, 2018. and contingencies involving North VA Desk Officer; 725 17th St. NW, Kevin Brown, Korea; (2) what the People’s Liberation Washington, DC 20503 or sent through Acting Director, Taxpayer Advocacy Panel. Army (PLA) and other stakeholders are electronic mail to oira_submission@ [FR Doc. 2018–06224 Filed 3–27–18; 8:45 am] doing to prepare for these various omb.eop.gov. Please refer to ‘‘OMB BILLING CODE 4830–01–P scenarios; (3) Chinese diplomatic Control No. 2900–0101’’ in any activities in this area; and (4) correspondence. geopolitical and security implications FOR FURTHER INFORMATION CONTACT: for the United States. The roundtable Cynthia Harvey-Pryor, Office of Quality, U.S.-CHINA ECONOMIC AND will be co-chaired by Commissioner SECURITY REVIEW COMMISSION Privacy and Risk, Department of Jonathan Stivers and Senator James Veterans Affairs, 811 Vermont Avenue, Talent. Any interested party may file a Notice of Open Public Roundtable Floor 5, Area 368, Washington, DC written statement by April 12, 2018, by 20420, (202) 461–5870 or email AGENCY: U.S.-China Economic and mailing to the contact above. A portion [email protected]. Please Security Review Commission. of each panel will include a question refer to ‘‘OMB Control No. 2900–0101’’ and answer period between the ACTION: Notice of open public in any correspondence. Commissioners and the witnesses. roundtable. SUPPLEMENTARY INFORMATION: Authority: Congress created the U.S.-China Authority: 38 U.S.C. 1506. SUMMARY: Notice is hereby given of the Economic and Security Review Commission Title: Eligibility Verification Reports following roundtable of the U.S.-China in 2000 in the National Defense (EVRs): VA Forms 21P–0510, 21P–0510 Economic and Security Review Authorization Act (Pub. L. 106–398), as (Spanish), 21P–0512S–1, 21P–0512S–1 Commission. amended by Division P of the Consolidated (Spanish), 21P–0512V–1, 21P–0513–1, The Commission is mandated by Appropriations Resolution, 2003 (Pub. L. 21P–0513–1 (Spanish), 21P–0514–1, Congress to investigate, assess, and 108–7), as amended by Public Law 109–108 21P–0514–1 (Spanish), 21P–0516–1, report to Congress annually on ‘‘the (November 22, 2005), as amended by Public 21P–0516–1 (Spanish), 21P–0517–1, national security implications of the Law 113–291 (December 19, 2014). 21P–0517–1 (Spanish), 21P–0518–1, economic relationship between the Dated: March 23, 2018. 21P–0518–1 (Spanish), 21P–0519C–1, United States and the People’s Republic Kathleen Wilson, 21P–0519C–1 (Spanish), 21P–0519S–1, of China.’’ Pursuant to this mandate, the Finance and Operations Director, U.S.-China 21P–0519S–1 (Spanish). Commission will hold a public Economic and Security, Review Commission. OMB Control Number: 2900–0101. roundtable in Washington, DC on April [FR Doc. 2018–06200 Filed 3–27–18; 8:45 am] Type of Review: Revision of a 12, 2018 on ‘‘China’s Preparations for currently approved collection. and Response to North Korea BILLING CODE 1137–00–P Abstract: Information is requested by Contingencies.’’ this form under the authority of 38

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U.S.C. 1506. Regulatory authority is increased or decreased benefits. Affected Public: Individuals and found in 38 CFR 3.277. A claimant’s Typically, claimants and beneficiaries households. eligibility for pension is determined, in utilize the form to inform VA of changes Estimated Annual Burden: 34,500 part, by countable family income and in their income or net worth, though the hours. net worth. Any individual who has forms could also be used to reopen a Estimated Average Burden per applied for, or receives, VA Pension or claim for benefits in limited Respondent: 30 minutes. Parents’ Dependency and Indemnity circumstances. Frequency of Response: Once. Compensation (DIC) must promptly An agency may not conduct or Estimated Number of Respondents: notify VA in writing of any change in sponsor, and a person is not required to 69,000. entitlement factors. respond to a collection of information By direction of the Secretary. VBA uses Eligibility Verification unless it displays a currently valid OMB Cynthia Harvey-Pryor, Reports to receive income and net worth control number. The Federal Register Department Clearance Officer, Office of information from Pension and Parents Notice with a 60-day comment period Quality and Compliance, Department of DIC claimants and beneficiaries to soliciting comments on this collection Veterans Affairs. evaluate eligibility to benefits. The of information was published at 83 FR [FR Doc. 2018–06156 Filed 3–27–18; 8:45 am] reported information can result in 2878 on January 19, 2018, page 2878. BILLING CODE 8320–01–P

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Part II

The President

Proclamation 9710—Adjusting Imports of Aluminum Into the United States Proclamation 9711—Adjusting Imports of Steel Into the United States Memorandum of March 23, 2018—Military Service by Transgender Individuals

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Federal Register Presidential Documents Vol. 83, No. 60

Wednesday, March 28, 2018

Title 3— Proclamation 9710 of March 22, 2018

The President Adjusting Imports of Aluminum Into the United States

By the President of the United States of America

A Proclamation 1. On January 19, 2018, the Secretary of Commerce (Secretary) transmitted to me a report on his investigation into the effect of imports of aluminum articles on the national security of the United States under section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862). 2. In Proclamation 9704 of March 8, 2018 (Adjusting Imports of Aluminum Into the United States), I concurred in the Secretary’s finding that aluminum articles are being imported into the United States in such quantities and under such circumstances as to threaten to impair the national security of the United States, and decided to adjust the imports of aluminum articles, as defined in clause 1 of Proclamation 9704 (aluminum articles), by imposing a 10 percent ad valorem tariff on such articles imported from all countries except Canada and Mexico. 3. In proclaiming this tariff, I recognized that our Nation has important security relationships with some countries whose exports of aluminum arti- cles to the United States weaken our internal economy and thereby threaten to impair the national security. I also recognized our shared concern about global excess capacity, a circumstance that is contributing to the threatened impairment of the national security. I further determined that any country with which we have a security relationship is welcome to discuss with the United States alternative ways to address the threatened impairment of the national security caused by imports from that country, and noted that, should the United States and any such country arrive at a satisfactory alternative means to address the threat to the national security such that I determine that imports from that country no longer threaten to impair the national security, I may remove or modify the restriction on aluminum articles imports from that country and, if necessary, adjust the tariff as it applies to other countries as the national security interests of the United States require. 4. The United States is continuing discussions with Canada and Mexico, as well as the following countries, on satisfactory alternative means to address the threatened impairment to the national security by imports of aluminum articles from those countries: the Commonwealth of Australia (Australia), the Argentine Republic (Argentina), the Republic of Korea (South Korea), the Federative Republic of Brazil (Brazil), and the European Union (EU) on behalf of its member countries. Each of these countries has an important security relationship with the United States and I have determined that the necessary and appropriate means to address the threat to the national security posed by imports from aluminum articles from these countries is to continue these discussions and to exempt aluminum articles imports from these countries from the tariff, at least at this time. Any country not listed in this proclamation with which we have a security relationship remains welcome to discuss with the United States alternative ways to address the threatened impairment of the national security caused by imports of aluminum articles from that country. 5. The United States has an important security relationship with Australia, including our shared commitment to supporting each other in addressing

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national security concerns, particularly through our security, defense, and intelligence partnership; the strong economic and strategic partnership be- tween our countries; our shared commitment to addressing global excess capacity in aluminum production; and the integration of Australian persons and organizations into the national technology and industrial base of the United States. 6. The United States has an important security relationship with Argentina, including our shared commitment to supporting each other in addressing national security concerns in Latin America, particularly the threat posed by instability in Venezuela; our shared commitment to addressing global excess capacity in aluminum production; the reciprocal investment in our respective industrial bases; and the strong economic integration between our countries. 7. The United States has an important security relationship with South Korea, including our shared commitment to eliminating the North Korean nuclear threat; our decades-old military alliance; our shared commitment to addressing global excess capacity in aluminum production; and our strong economic and strategic partnership. 8. The United States has an important security relationship with Brazil, including our shared commitment to supporting each other in addressing national security concerns in Latin America; our shared commitment to addressing global excess capacity in aluminum production; the reciprocal investment in our respective industrial bases; and the strong economic inte- gration between our countries. 9. The United States has an important security relationship with the EU and its constituent member countries, including our shared commitment to supporting each other in national security concerns; the strong economic and strategic partnership between the United States and the EU, and between the United States and EU member countries; and our shared commitment to addressing global excess capacity in aluminum production. 10. In light of the foregoing, I have determined that the necessary and appropriate means to address the threat to the national security posed by imports of aluminum articles from these countries is to continue ongoing discussions and to increase strategic partnerships, including those with re- spect to reducing global excess capacity in aluminum production by address- ing its root causes. In my judgment, discussions regarding measures to reduce excess aluminum production and excess aluminum capacity, measures that will increase domestic capacity utilization, and other satisfactory alter- native means will be most productive if the tariff proclaimed in Proclamation 9704 on aluminum articles imports from these countries is removed at this time. 11. However, the tariff imposed by Proclamation 9704 remains an important first step in ensuring the economic viability of our domestic aluminum industry and removing the threatened impairment of the national security. Without this tariff and the adoption of satisfactory alternative means address- ing long-term solutions in ongoing discussions with the countries listed as excepted in clause 1 of this proclamation, the industry will continue to decline, leaving the United States at risk of becoming reliant on foreign producers of aluminum to meet our national security needs—a situation that is fundamentally inconsistent with the safety and security of the Amer- ican people. As a result, unless I determine by further proclamation that the United States has reached a satisfactory alternative means to remove the threatened impairment to the national security by imports of aluminum articles from a particular country listed as excepted in clause 1 of this proclamation, the tariff set forth in clause 2 of Proclamation 9704 shall be effective May 1, 2018, for the countries listed as excepted in clause 1 of this proclamation. In the event that a satisfactory alternative means is reached such that I decide to exclude on a long-term basis a particular country from the tariff proclaimed in Proclamation 9704, I will also consider whether it is necessary and appropriate in light of our national security

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interests to make any corresponding adjustments to the tariff set forth in clause 2 of Proclamation 9704 as it applies to other countries. Because the current tariff exemptions are temporary, however, I have determined that it is necessary and appropriate to maintain the current tariff level at this time. 12. In the meantime, to prevent transshipment, excess production, or other actions that would lead to increased exports of aluminum articles to the United States, the United States Trade Representative, in consultation with the Secretary and the Assistant to the President for Economic Policy, shall advise me on the appropriate means to ensure that imports from countries exempt from the tariff imposed in Proclamation 9704 do not undermine the national security objectives of such tariff. If necessary and appropriate, I will consider directing U.S. Customs and Border Protection (CBP) of the Department of Homeland Security to implement a quota as soon as prac- ticable, and will take into account all aluminum articles imports since January 1, 2018, in setting the amount of such quota. 13. Section 232 of the Trade Expansion Act of 1962, as amended, authorizes the President to adjust the imports of an article and its derivatives that are being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security. 14. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), authorizes the President to embody in the Harmonized Tariff Schedule of the United States (HTSUS) the substance of statutes affecting import treat- ment, and actions thereunder, including the removal, modification, continu- ance, or imposition of any rate of duty or other import restriction. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including section 232 of the Trade Expansion Act of 1962, as amended, section 301 of title 3, United States Code, and section 604 of the Trade Act of 1974, as amended, do hereby proclaim as follows: (1) Imports of all aluminum articles, as defined in clause 1 of Proclamation 9704, from the countries listed in this clause shall be exempt from the duty established in clause 2 of Proclamation 9704 until 12:01 a.m. eastern daylight time on May 1, 2018. Further, clause 2 of Proclamation 9704 is amended by striking the last two sentences and inserting the following two sentences: ‘‘Except as otherwise provided in this proclamation, or in notices published pursuant to clause 3 of this proclamation, all aluminum articles imports specified in the Annex shall be subject to an additional 10 percent ad valorem rate of duty with respect to goods entered, or with- drawn from warehouse for consumption, as follows: (a) on or after 12:01 a.m. eastern daylight time on March 23, 2018, from all countries except Canada, Mexico, Australia, Argentina, South Korea, Brazil, and the member countries of the European Union, and (b) on or after 12:01 a.m. eastern daylight time on May 1, 2018, from all countries. This rate of duty, which is in addition to any other duties, fees, exactions, and charges applicable to such imported aluminum articles, shall apply to imports of aluminum articles from each country as specified in the preceding sentence.’’. (2) Paragraph (a) of U.S. note 19, added to subchapter III of chapter 99 of the HTSUS by the Annex to Proclamation 9704, is amended by replacing ‘‘Canada and of Mexico’’ with ‘‘Canada, of Mexico, of Australia, of Argentina, of South Korea, of Brazil, and of the member countries of the European Union’’. (3) The ‘‘Article description’’ for heading 9903.85.01 of the HTSUS is amended by replacing ‘‘Canada or of Mexico’’ with ‘‘Canada, of Mexico, of Australia, of Argentina, of South Korea, of Brazil, or of the member countries of the European Union’’. (4) The exemption afforded to aluminum articles from Canada, Mexico, Australia, Argentina, South Korea, Brazil, and the member countries of the

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EU shall apply only to aluminum articles of such countries entered, or withdrawn from warehouse for consumption, through the close of April 30, 2018, at which time Canada, Mexico, Australia, Argentina, South Korea, Brazil, and the member countries of the EU shall be deleted from paragraph (a) of U.S. note 19 to subchapter III of chapter 99 of the HTSUS and from the article description of heading 9903.85.01 of the HTSUS. (5) Any aluminum article that is admitted into a U.S. foreign trade zone on or after 12:01 a.m. eastern daylight time on March 23, 2018, may only be admitted as ‘‘privileged foreign status’’ as defined in 19 CFR 146.41, and will be subject upon entry for consumption to any ad valorem rates of duty related to the classification under the applicable HTSUS subheading. Any aluminum article that was admitted into a U.S. foreign trade zone under ‘‘privileged foreign status’’ as defined in 19 CFR 146.41, prior to 12:01 a.m. eastern daylight time on March 23, 2018, will likewise be subject upon entry for consumption to any ad valorem rates of duty related to the classification under applicable HTSUS subheadings imposed by Procla- mation 9704, as amended by this proclamation. (6) Clause 3 of Proclamation 9704 is amended by inserting a new third sentence reading as follows: ‘‘Such relief may be provided to directly affected parties on a party-by-party basis taking into account the regional availability of particular articles, the ability to transport articles within the United States, and any other factors as the Secretary deems appropriate.’’. (7) Clause 3 of Proclamation 9704, as amended by clause 6 of this proclama- tion, is further amended by inserting a new fifth sentence as follows: ‘‘For merchandise entered on or after the date the directly affected party submitted a request for exclusion, such relief shall be retroactive to the date the request for exclusion was posted for public comment.’’. (8) The Secretary, in consultation with CBP and other relevant executive departments and agencies, shall revise the HTSUS so that it conforms to the amendments and effective dates directed in this proclamation. The Sec- retary shall publish any such modification to the HTSUS in the Federal Register. (9) Any provision of previous proclamations and Executive Orders that is inconsistent with the actions taken in this proclamation is superseded to the extent of such inconsistency.

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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of March, in the year of our Lord two thousand eighteen, and of the Independence of the United States of America the two hundred and forty-second.

[FR Doc. 2018–06420 Filed 3–27–18; 11:15 am] Billing code 3295–F8–P

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Proclamation 9711 of March 22, 2018 Adjusting Imports of Steel Into the United States

By the President of the United States of America

A Proclamation 1. On January 11, 2018, the Secretary of Commerce (Secretary) transmitted to me a report on his investigation into the effect of imports of steel mill articles on the national security of the United States under section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862). 2. In Proclamation 9705 of March 8, 2018 (Adjusting Imports of Steel Into the United States), I concurred in the Secretary’s finding that steel mill articles are being imported into the United States in such quantities and under such circumstances as to threaten to impair the national security of the United States, and decided to adjust the imports of steel mill articles, as defined in clause 1 of Proclamation 9705, as amended by clause 8 of this proclamation (steel articles), by imposing a 25 percent ad valorem tariff on such articles imported from all countries except Canada and Mexico. 3. In proclaiming this tariff, I recognized that our Nation has important security relationships with some countries whose exports of steel articles to the United States weaken our internal economy and thereby threaten to impair the national security. I also recognized our shared concern about global excess capacity, a circumstance that is contributing to the threatened impairment of the national security. I further determined that any country with which we have a security relationship is welcome to discuss with the United States alternative ways to address the threatened impairment of the national security caused by imports from that country, and noted that, should the United States and any such country arrive at a satisfactory alternative means to address the threat to the national security such that I determine that imports from that country no longer threaten to impair the national security, I may remove or modify the restriction on steel articles imports from that country and, if necessary, adjust the tariff as it applies to other countries as the national security interests of the United States require. 4. The United States is continuing discussions with Canada and Mexico, as well as the following countries, on satisfactory alternative means to address the threatened impairment to the national security by imports of steel articles from those countries: the Commonwealth of Australia (Australia), the Argen- tine Republic (Argentina), the Republic of Korea (South Korea), the Federative Republic of Brazil (Brazil), and the European Union (EU) on behalf of its member countries. Each of these countries has an important security relationship with the United States and I have determined that the necessary and appropriate means to address the threat to the national security posed by imports from steel articles from these countries is to continue these discussions and to exempt steel articles imports from these countries from the tariff, at least at this time. Any country not listed in this proclamation with which we have a security relationship remains welcome to discuss with the United States alternative ways to address the threatened impairment of the national security caused by imports of steel articles from that country. 5. The United States has an important security relationship with Australia, including our shared commitment to supporting each other in addressing national security concerns, particularly through our security, defense, and

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intelligence partnership; the strong economic and strategic partnership be- tween our countries; our shared commitment to addressing global excess capacity in steel production; and the integration of Australian persons and organizations into the national technology and industrial base of the United States. 6. The United States has an important security relationship with Argentina, including our shared commitment to supporting each other in addressing national security concerns in Latin America, particularly the threat posed by instability in Venezuela; our shared commitment to addressing global excess capacity in steel production; the reciprocal investment in our respec- tive industrial bases; and the strong economic integration between our coun- tries. 7. The United States has an important security relationship with South Korea, including our shared commitment to eliminating the North Korean nuclear threat; our decades-old military alliance; our shared commitment to addressing global excess capacity in steel production; and our strong economic and strategic partnership. 8. The United States has an important security relationship with Brazil, including our shared commitment to supporting each other in addressing national security concerns in Latin America; our shared commitment to addressing global excess capacity in steel production; the reciprocal invest- ment in our respective industrial bases; and the strong economic integration between our countries. 9. The United States has an important security relationship with the EU and its constituent member countries, including our shared commitment to supporting each other in national security concerns; the strong economic and strategic partnership between the United States and the EU, and between the United States and EU member countries; and our shared commitment to addressing global excess capacity in steel production. 10. In light of the foregoing, I have determined that the necessary and appropriate means to address the threat to the national security posed by imports of steel articles from these countries is to continue ongoing discus- sions and to increase strategic partnerships, including those with respect to reducing global excess capacity in steel production by addressing its root causes. In my judgment, discussions regarding measures to reduce excess steel production and excess steel capacity, measures that will increase domes- tic capacity utilization, and other satisfactory alternative means will be most productive if the tariff proclaimed in Proclamation 9705 on steel articles imports from these countries is removed at this time. 11. However, the tariff imposed by Proclamation 9705 remains an important first step in ensuring the economic viability of our domestic steel industry and removing the threatened impairment of the national security. Without this tariff and the adoption of satisfactory alternative means addressing long-term solutions in ongoing discussions with the countries listed as ex- cepted in clause 1 of this proclamation, the industry will continue to decline, leaving the United States at risk of becoming reliant on foreign producers of steel to meet our national security needs—a situation that is fundamentally inconsistent with the safety and security of the American people. As a result, unless I determine by further proclamation that the United States has reached a satisfactory alternative means to remove the threatened impair- ment to the national security by imports of steel articles from a particular country listed as excepted in clause 1 of this proclamation, the tariff set forth in clause 2 of Proclamation 9705 shall be effective May 1, 2018, for the countries listed as excepted in clause 1 of this proclamation. In the event that a satisfactory alternative means is reached such that I decide to exclude on a long-term basis a particular country from the tariff proclaimed in Proclamation 9705, I will also consider whether it is necessary and appropriate in light of our national security interests to make any cor- responding adjustments to the tariff set forth in clause 2 of Proclamation 9705 as it applies to other countries. Because the current tariff exemptions

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are temporary, however, I have determined that it is necessary and appro- priate to maintain the current tariff level at this time. 12. In the meantime, to prevent transshipment, excess production, or other actions that would lead to increased exports of steel articles to the United States, the United States Trade Representative, in consultation with the Secretary and the Assistant to the President for Economic Policy, shall advise me on the appropriate means to ensure that imports from countries exempt from the tariff imposed in Proclamation 9705 do not undermine the national security objectives of such tariff. If necessary and appropriate, I will consider directing U.S. Customs and Border Protection (CBP) of the Department of Homeland Security to implement a quota as soon as prac- ticable, and will take into account all steel articles imports since January 1, 2018, in setting the amount of such quota. 13. Section 232 of the Trade Expansion Act of 1962, as amended, authorizes the President to adjust the imports of an article and its derivatives that are being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security. 14. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), authorizes the President to embody in the Harmonized Tariff Schedule of the United States (HTSUS) the substance of statutes affecting import treat- ment, and actions thereunder, including the removal, modification, continu- ance, or imposition of any rate of duty or other import restriction. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including section 232 of the Trade Expansion Act of 1962, as amended, section 301 of title 3, United States Code, and section 604 of the Trade Act of 1974, as amended, do hereby proclaim as follows: (1) Imports of all steel articles, as defined in clause 1 of Proclamation 9705, as amended by clause 8 of this proclamation, from the countries listed in this clause shall be exempt from the duty established in clause 2 of Proclamation 9705 until 12:01 a.m. eastern daylight time on May 1, 2018. Further, clause 2 of Proclamation 9705 is amended by striking the last two sentences and inserting the following two sentences: ‘‘Except as otherwise provided in this proclamation, or in notices published pursuant to clause 3 of this proclamation, all steel articles imports specified in the Annex shall be subject to an additional 25 percent ad valorem rate of duty with respect to goods entered, or withdrawn from warehouse for con- sumption, as follows: (a) on or after 12:01 a.m. eastern daylight time on March 23, 2018, from all countries except Canada, Mexico, Australia, Argen- tina, South Korea, Brazil, and the member countries of the European Union, and (b) on or after 12:01 a.m. eastern daylight time on May 1, 2018, from all countries. This rate of duty, which is in addition to any other duties, fees, exactions, and charges applicable to such imported steel articles, shall apply to imports of steel articles from each country as specified in the preceding sentence.’’. (2) Paragraph (a) of U.S. note 16, added to subchapter III of chapter 99 of the HTSUS by the Annex to Proclamation 9705, is amended by replacing ‘‘Canada and of Mexico’’ with ‘‘Canada, of Mexico, of Australia, of Argentina, of South Korea, of Brazil, and of the member countries of the European Union’’. (3) The ‘‘Article description’’ for heading 9903.80.01 of the HTSUS is amended by replacing ‘‘Canada or of Mexico’’ with ‘‘Canada, of Mexico, of Australia, of Argentina, of South Korea, of Brazil, or of the member countries of the European Union’’. (4) The exemption afforded to steel articles from Canada, Mexico, Australia, Argentina, South Korea, Brazil, and the member countries of the EU shall apply only to steel articles of such countries entered, or withdrawn from warehouse for consumption, through the close of April 30, 2018, at which

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time Canada, Mexico, Australia, Argentina, South Korea, Brazil, and the member countries of the EU shall be deleted from paragraph (a) of U.S. note 16 to subchapter III of chapter 99 of the HTSUS and from the article description of heading 9903.80.01 of the HTSUS. (5) Any steel article that is admitted into a U.S. foreign trade zone on or after 12:01 a.m. eastern daylight time on March 23, 2018, may only be admitted as ‘‘privileged foreign status’’ as defined in 19 CFR 146.41, and will be subject upon entry for consumption to any ad valorem rates of duty related to the classification under the applicable HTSUS subheading. Any steel article that was admitted into a U.S. foreign trade zone under ‘‘privileged foreign status’’ as defined in 19 CFR 146.41, prior to 12:01 a.m. eastern daylight time on March 23, 2018, will likewise be subject upon entry for consumption to any ad valorem rates of duty related to the classification under applicable HTSUS subheadings imposed by Procla- mation 9705, as amended by this proclamation. (6) Clause 3 of Proclamation 9705 is amended by inserting a new third sentence reading as follows: ‘‘Such relief may be provided to directly affected parties on a party-by-party basis taking into account the regional availability of particular articles, the ability to transport articles within the United States, and any other factors as the Secretary deems appropriate.’’. (7) Clause 3 of Proclamation 9705, as amended by clause 6 of this proclama- tion, is further amended by inserting a new fifth sentence as follows: ‘‘For merchandise entered on or after the date the directly affected party submitted a request for exclusion, such relief shall be retroactive to the date the request for exclusion was posted for public comment.’’. (8) The reference to ‘‘7304.10’’ in clause 1 of Proclamation 9705, is amend- ed to read ‘‘7304.11’’. (9) The Secretary, in consultation with CBP and other relevant executive departments and agencies, shall revise the HTSUS so that it conforms to the amendments and effective dates directed in this proclamation. The Sec- retary shall publish any such modification to the HTSUS in the Federal Register. (10) Any provision of previous proclamations and Executive Orders that is inconsistent with the actions taken in this proclamation is superseded to the extent of such inconsistency.

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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of March, in the year of our Lord two thousand eighteen, and of the Independence of the United States of America the two hundred and forty-second.

[FR Doc. 2018–06425 Filed 3–27–18; 11:15 am] Billing code 3295–F8–P

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Memorandum of March 23, 2018

Military Service by Transgender Individuals

Memorandum for the Secretary of Defense [and] the Secretary of Home- land Security

Pursuant to my memorandum of August 25, 2017, ‘‘Military Service by Transgender Individuals,’’ the Secretary of Defense, in consultation with the Secretary of Homeland Security, submitted to me a memorandum and report concerning military service by transgender individuals. These documents set forth the policies on this issue that the Secretary of Defense, in the exercise of his independent judgment, has concluded should be adopted by the Department of Defense. The Secretary of Homeland Security concurs with these policies with respect to the U.S. Coast Guard. Among other things, the policies set forth by the Secretary of Defense state that transgender persons with a history or diagnosis of gender dysphoria— individuals who the policies state may require substantial medical treatment, including medications and surgery—are disqualified from military service except under certain limited circumstances. By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby order as follows: Section 1. I hereby revoke my memorandum of August 25, 2017, ‘‘Military Service by Transgender Individuals,’’ and any other directive I may have made with respect to military service by transgender individuals. Sec. 2. The Secretary of Defense, and the Secretary of Homeland Security, with respect to the U.S. Coast Guard, may exercise their authority to imple- ment any appropriate policies concerning military service by transgender individuals. Sec. 3. (a) Nothing in this memorandum 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 of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This memorandum 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.

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(d) The Secretary of Defense is authorized and directed to publish this memorandum in the Federal Register.

THE WHITE HOUSE, Washington, March 23, 2018

[FR Doc. 2018–06426 Filed 3–27–18; 11:15 am] Billing code 5001–06–P

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Part III

The President

Notice of March 27, 2018—Continuation of the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities Notice of March 27, 2018—Continuation of the National Emergency With Respect to South Sudan

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Federal Register Presidential Documents Vol. 83, No. 60

Wednesday, March 28, 2018

Title 3— Notice of March 27, 2018

The President Continuation of the National Emergency With Respect to Sig- nificant Malicious Cyber-Enabled Activities

On April 1, 2015, by Executive Order 13694, the President declared a national emergency pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701–1706) to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the increasing prevalence and severity of malicious cyber- enabled activities originating from, or directed by persons located, in whole or in substantial part, outside the United States. On December 28, 2016, the President issued Executive Order 13757 to take additional steps to address the national emergency declared in Executive Order 13694. These significant malicious cyber-enabled activities continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. For this reason, the national emergency declared on April 1, 2015, must continue in effect beyond April 1, 2018. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 13694, as amended by Executive Order 13757. This notice shall be published in the Federal Register and transmitted to the Congress.

THE WHITE HOUSE, March 27, 2018. [FR Doc. 2018–06468 Filed 3–27–18; 1:00 pm] Billing code 3295–F8–P

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Notice of March 27, 2018

Continuation of the National Emergency With Respect to South Sudan

On April 3, 2014, by Executive Order 13664, the President declared a national emergency pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701–1706) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the situation in and in relation to South Sudan, which has been marked by activities that threaten the peace, security, or stability of South Sudan and the surrounding region, including widespread violence and atrocities, human rights abuses, recruitment and use of child soldiers, attacks on peace- keepers and humanitarian aid workers, and obstruction of humanitarian operations. The situation in and in relation to South Sudan continues to pose an unusual and extraordinary threat to the national security and foreign policy of the United States. For this reason, the national emergency declared on April 3, 2014, to deal with that threat must continue in effect beyond April 3, 2018. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 13664. This notice shall be published in the Federal Register and transmitted to the Congress.

THE WHITE HOUSE, March 27, 2018. [FR Doc. 2018–06475 Filed 3–27–18; 1:00 pm] Billing code 3295–F8–P

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Reader Aids Federal Register Vol. 83, No. 60 Wednesday, March 28, 2018

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 360...... 11845 Presidential Documents 3 CFR 361...... 11845 Executive orders and proclamations 741–6000 Proclamations: 457...... 11633, 12657 The United States Government Manual 741–6000 9700...... 9405 761...... 11867 9701...... 9407 Other Services 800...... 11633 9702...... 9409 983...... 11134 741–6020 Electronic and on-line services (voice) 9703...... 10355 1212...... 11136 Privacy Act Compilation 741–6050 9704...... 11619 1734...... 10357 Public Laws Update Service (numbers, dates, etc.) 741–6043 9705...... 11625 1940...... 12657 9706...... 12243 3434...... 11869 9707...... 12245 4279...... 11633 ELECTRONIC RESEARCH 9708...... 12471 Proposed Rules: World Wide Web 9709...... 13097 210...... 9447 9710...... 13355 235...... 9447 Full text of the daily Federal Register, CFR and other publications 9711...... 13361 925...... 8802 is located at: www.fdsys.gov. Executive Orders: 959...... 8804 Federal Register information and research tools, including Public 10830 (Amended by 1051...... 11903 Inspection List, indexes, and Code of Federal Regulations are EO 13824)...... 8923 1214...... 11648 located at: www.ofr.gov. 12473 (Amended by EO 13825)...... 9889 9 CFR E-mail 13265 (Amended by 101...... 11139 EO 13824)...... 8923 FEDREGTOC (Daily Federal Register Table of Contents Electronic 114...... 11139 13545 (Revoked by Mailing List) is an open e-mail service that provides subscribers EO 13824)...... 8923 with a digital form of the Federal Register Table of Contents. The 10 CFR 13824...... 8923 digital form of the Federal Register Table of Contents includes Proposed Rules: 13825...... 9889 HTML and PDF links to the full text of each document. 72...... 12504 13826...... 10771 Ch. I...... 10407, 11154 To join or leave, go to https://public.govdelivery.com/accounts/ 13827...... 12469 USGPOOFR/subscriber/new, enter your email address, then Administrative Orders: 11 CFR follow the instructions to join, leave, or manage your Notices: 1...... 10357 subscription. Notice of March 2, Proposed Rules: 2018 ...... 9413 PENS (Public Law Electronic Notification Service) is an e-mail 100...... 12864 Notice of March 2, service that notifies subscribers of recently enacted laws. 110...... 12864 2018 ...... 9415 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 113...... 12283 Notice of March 2, and select Join or leave the list (or change settings); then follow 2018 ...... 9417 the instructions. 12 CFR Notice of March 12, FEDREGTOC and PENS are mailing lists only. We cannot 2018 ...... 11393 201...... 13103 respond to specific inquiries. Notice of March 27, 204...... 13104 2018 ...... 13371 265...... 9419 Reference questions. Send questions and comments about the 347...... 9135 Federal Register system to: [email protected] Notice of March 27, 2018 ...... 13373 741...... 10783 The Federal Register staff cannot interpret specific documents or Memorandums: 1026...... 10553 regulations. Memorandum of April Ch. XI...... 9135 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 29, 2016 (Revoked Proposed Rules: longer appears in the Federal Register. This information can be by EO 13826)...... 10771 210...... 11431 found online at http://bookstore.gpo.gov/. Memorandum of 701...... 12283 February 20, 2018 ...... 9681 Ch. X ...... 12286, 12881 1081...... 12505 FEDERAL REGISTER PAGES AND DATE, MARCH Memorandum of March 22, 2018 ...... 13099 1290...... 11344 8743–8922...... 1 11845–12112...... 19 Memorandum of March 1291...... 11344 23, 2018 ...... 13367 8923–9134...... 2 12113–12242...... 20 13 CFR 9135–9418...... 5 12243–12470...... 21 Orders: 121...... 12849 9419–9682...... 6 12471–12656...... 22 Order of March 12, 2018 ...... 11631 125...... 12849 9683–9792...... 7 12657–12848...... 23 126...... 12849 9793–10356...... 8 12849–13096...... 26 7 CFR 127...... 12849 10357–10552...... 9 13097–13182...... 27 3...... 11129 Proposed Rules: 10553–10774...... 12 13183–13374...... 28 205...... 10775 121...... 12506 10775–11128...... 13 318...... 11845 11129–11394...... 14 319...... 11395, 11845 14 CFR 11395–11632...... 15 330...... 11845 1...... 9162 11633–11844...... 16 340...... 11845 21...... 9162

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23...... 9176, 11634 260...... 12888 75...... 12904 37 CFR 25 ...... 9162, 10559, 12247, 284...... 12888 904...... 10646 Proposed Rules: 12249, 12251, 12252 938...... 10647 201...... 9824 26...... 9162 20 CFR 31 CFR 27...... 9162, 9419 404...... 11143 38 CFR 50...... 11876 29...... 9419 9...... 10622 21 CFR 501...... 11876 34...... 9162 17...... 9208 510...... 9182 39 ...... 8743, 8745, 8927, 9178, 1...... 12483 36...... 8945 535...... 11876 9424, 9683, 9685, 9688, 4...... 12259 42...... 8945 9692, 9793, 9795, 9797, 5...... 13105 536...... 11876 9801, 9811, 10358, 10360, 201...... 11639 538...... 11876 39 CFR 539...... 11876 10563, 10565, 11397, 11399, 573...... 8929 111...... 10624 11404, 11871, 11873, 12659, 801...... 11639 541...... 11876 542...... 11876 265...... 9433 12852 864...... 11143 3020...... 10370 43...... 9162 872...... 11144 544...... 11876 45...... 9162 878...... 9698 546...... 11876 40 CFR 60...... 9162 547...... 11876 1100...... 11639 49...... 13190 61...... 9162 548...... 11876 1140...... 13183 51...... 10376, 12260 63...... 9162 549...... 11876 1308...... 10367 52 ...... 8750, 8752, 8756, 9213, 65...... 9162 560...... 11876 Proposed Rules: 9435, 9438, 10626, 10788, 71 ...... 9181, 9813, 9814, 9816, 561...... 11876 4...... 12292 10791, 10796, 11884, 11887, 11407, 11408, 11409, 11411, 566...... 11876 73...... 9715 12486, 12488, 12491, 12493, 12473 576...... 11876 101...... 8953 12496, 12669, 12673, 12677, 73...... 10784, 12113 584...... 11876 117...... 12143 13190, 13192, 13196, 13198 91 ...... 9162, 10567, 12856 588...... 11876 507...... 12143 60...... 10628 97 ...... 9162, 10363, 10365 592...... 11876 573...... 10645 62 ...... 11416, 11418, 13111 107...... 9162 594...... 11876 1100...... 12294, 12901 63...... 9215, 12118 110...... 9162 595...... 11876 1130...... 11818 81 ...... 8756, 10796, 13198 119...... 9162 597...... 11876 1140...... 12294, 12901 82...... 9703 121...... 9162, 12474 598...... 11876 1143...... 12294, 12901 180 .....8758, 9440, 9442, 9703, 125...... 9162 1010...... 11876 11420, 12260, 12265, 12269 129...... 9162 22 CFR Proposed Rules: 271...... 10383 133...... 9162 538...... 12513 Proposed Rules: 300...... 12501 135...... 9162 1304...... 11922 560...... 12513 137...... 9162 Proposed Rules: 33 CFR 52 ...... 8814, 8818, 8822, 8961, 141...... 9162 25 CFR 10650, 10652, 10813, 11155, 142...... 9162 100...... 11881, 12114 Proposed Rules: 11927, 11933, 11944, 11946, 145...... 9162 101...... 12086 273...... 12301 12514, 12516, 12522, 12694, 183...... 9162 104...... 12086 12905 26 CFR 105...... 12086 Proposed Rules: 61...... 12917 39 ...... 8807, 8810, 8951, 9238, 117 .....8747, 8748, 8933, 8936, 1...... 10785, 13183 8937, 9204, 9429, 9430, 62...... 11652 9818, 9820, 10408, 10411, 801...... 9700 63 ...... 9254, 11314, 12917 10415, 10809, 11903, 12508 9431, 9432, 9824, 10617, Proposed Rules: 10785, 11145, 11415, 11642, 81...... 10814 71 ...... 9242, 9243, 9451, 9452, 301...... 10811, 13206 174...... 8827 9822, 10644, 11443, 11445, 11643 120...... 12086 180 ...... 9471, 11448, 12311 11446, 12289, 12290, 12511, 28 CFR 257...... 11584 12688, 12883, 12885, 12887 128...... 12086 Proposed Rules: 165 ...8748, 8938, 9205, 10368, 260...... 11654 15 CFR 16...... 13208 10786, 11644, 11646, 11883, 261...... 11654 12115, 12117, 12662, 12665, 264...... 11654 705...... 12106 29 CFR 265...... 11654 744...... 12475 13106, 13108, 13109, 13185, 1910...... 9701, 11413 13189 268...... 11654 Proposed Rules: 1915...... 9701 401...... 12485 270...... 11654 922...... 8812 1926...... 9701 402...... 12667 273...... 11654 4022...... 11413 16 CFR Proposed Rules: 42 CFR 4044...... 11413 100 ....8955, 8957, 9454, 12303 Ch. II ...... 12254 Proposed Rules: 117...... 10648, 12305 Proposed Rules: Proposed Rules: 101...... 11649 147...... 12144 84...... 12527 Ch. II ...... 10418 102...... 11649 165 .....9245, 9247, 9249, 9252, 447...... 12696 4001...... 9716 17 CFR 9456, 10419, 11649, 12307 4022...... 9716 44 CFR 143...... 9426 4041...... 9716 34 CFR 64...... 10638 232...... 11637 4043...... 9716 230...... 9207 Proposed Rules: 274...... 11637 4044...... 9716 Ch. VI...... 10619 9...... 9473 Proposed Rules: 200...... 13008 30 CFR 36 CFR 45 CFR 242...... 13008 550...... 8930 7...... 8940 Proposed Rules: 274...... 11905 553...... 8930 1258...... 11145 1355...... 11449, 11450 723...... 10611 Proposed Rules: 18 CFR 724...... 10611 2...... 8959 46 CFR 11...... 10568 845...... 10611 7...... 11650 4...... 11889 35...... 9580, 9636 846...... 10611 242...... 12689 157...... 9697 Proposed Rules: 1007...... 9459 47 CFR 801...... 11875 57...... 12904 1008...... 9459 10...... 10800 Proposed Rules: 70...... 12904 1009...... 9459 15...... 10640, 10641 154...... 12888 72...... 12904 1011...... 9459 25...... 11146

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54...... 10800 852...... 10643 171...... 12529 13090, 13203 64...... 11422 1816...... 13113 172...... 12529 622...... 12280, 12281 73...... 12274, 12680 1832...... 13113 173...... 12529 635 ...... 8946, 9232, 10802, 74...... 10640, 10641 1852...... 13113 174...... 12529 12141 Proposed Rules: Proposed Rules: 177...... 12529 648 ...... 8764, 10803, 11146, 36...... 10817 9...... 12318 178...... 12529 11428, 12502, 12706, 12857 54...... 8962, 11452 801...... 12922 179...... 12529 660...... 11146 73...... 8828, 12313 811...... 12922 180...... 12529 679 .....8768, 9235, 9236, 9713, 832...... 12922 Ch. III Sub. Ch. B...... 12933 10406, 10807, 11152, 11153, 48 CFR 852...... 12922 1515...... 11667 11429, 11646, 12281, 13115, Appendix I to Ch. 2 ...... 12681 870...... 12922 1520...... 11667 13205 211...... 12681 6101...... 13211 1522...... 11667 Proposed Rules: 213...... 12681 6102...... 13211 1540...... 11667 17...... 11162, 11453 219...... 12681 1542...... 11667 100...... 12689 49 CFR 242...... 12681 1544...... 11667 218...... 9366, 10954 245...... 12681 225...... 9219 1550...... 11667 622...... 11164, 12326 252...... 12681 395...... 12685 635...... 9255, 12332 752...... 9712 1102...... 9222 50 CFR 648 ...... 11474, 11952, 12531, 816...... 10643 Proposed Rules: 91...... 12275 12551 828...... 10643, 10801 107...... 12529 300 ...... 10390, 12113, 13080, 679...... 9257, 13117

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Register but may be ordered H.R. 1177/P.L. 115–156 enacted public laws. To in ‘‘slip law’’ (individual Removing Outdated subscribe, go to http:// LIST OF PUBLIC LAWS pamphlet) form from the Restrictions to Allow for Job listserv.gsa.gov/archives/ Superintendent of Documents, Growth Act (Mar. 26, 2018; publaws-l.html This is a continuing list of U.S. Government Publishing 132 Stat. 1240) public bills from the current Office, Washington, DC 20402 Last List March 27, 2018 session of Congress which Note: This service is strictly have become Federal laws. (phone, 202–512–1808). The for E-mail notification of new This list is also available text will also be made Public Laws Electronic laws. The text of laws is not online at http:// available on the Internet from Notification Service available through this service. www.archives.gov/federal- GPO’s Federal Digital System (PENS) PENS cannot respond to register/laws. (FDsys) at http://www.gpo.gov/ specific inquiries sent to this fdsys. Some laws may not yet The text of laws is not PENS is a free electronic mail address. be available. published in the Federal notification service of newly

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