Vol. 82 Monday, No. 226 November 27, 2017

Pages 55923–56150

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 82, No. 226

Monday, November 27, 2017

Agriculture Department NOTICES See Rural Utilities Service Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, OMB Circular A–119, 56024 Submissions, and Approvals, 55985 Performance Review Board Membership, 55985–55986 Education Department NOTICES Air Force Department Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Environmental Impact Statements; Availability, etc.: Annual State Application Under Part B of Individuals Edwards Air Force Base Solar Enhanced Use Lease With Disabilities Education Act, 56011–56012 Project, 56009 State and Local Educational Agency Record and Meetings: Reporting Requirements Under Part B of Individuals Air Force Scientific Advisory Board, 56009–56010 With Disabilities Education Act, 56011

Centers for Disease Control and Prevention Employment and Training Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Trade Adjustment Assistance Eligibility; Determinations, Submissions, and Approvals, 56025–56030 56052–56056

Children and Families Administration Energy Department NOTICES See Federal Energy Regulatory Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: FY 2016 Service Contract Inventory, 56012 Personal Responsibility Education Program Multi- Component Evaluation Extension, 56030–56031 Environmental Protection Agency RULES Coast Guard Air Quality State Implementation Plans; Approvals and RULES Promulgations: Drawbridge Operations: Nebraska; Approval of Air Quality Implementation Plans; Jamaica Bay, Queens, NY, 55945–55946 Adoption of New Chapter Under Nebraska Special Local Regulations: Administrative Code; Withdrawal of Direct Final Charleston Harbor Christmas Parade of Boats, Charleston, Rule, 55951–55952 SC, 55945 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Commerce Department Promulgations: See International Trade Administration Arizona Air Plan Revisions, Arizona Department of See National Oceanic and Atmospheric Administration Environmental Quality, 55966–55968 Underground Injection Control Programs: Committee for Purchase From People Who Are Blind or Idaho; Voluntary Transfer of Primacy to Environmental Severely Disabled Protection Agency, 55968–55970 NOTICES NOTICES Procurement List; Additions and Deletions, 56007–56009 Cross-Media Electronic Reporting: Kentucky; Authorized Program Revision Approval, Copyright Royalty Board 56018–56019 RULES Tennessee; Authorized Program Revision Approval, Cost of Living Adjustments: 56015–56016 Royalty Rates for Webcaster Statutory License, 55946 Pesticide Petitions: Satellite Carrier Compulsory License Royalty Rates, Residues of Pesticide Chemicals in or on Various 55946–55947 Commodities, 56017–56018 Pesticide Product Registrations: Defense Acquisition Regulations System New Active Ingredients, 56016–56017 NOTICES Agency Information Collection Activities; Proposals, Federal Aviation Administration Submissions, and Approvals: RULES Prohibition of Foreign Commercial Satellite Services Airworthiness Directives: From Certain Foreign Entities-Representations, Fokker Services B.V. Airplanes, 55939–55941 56010–56011 Class D and E Airspace; Amendments: Pueblo, CO, 55943–55945 Defense Department Class E Airspace; Amendments: See Air Force Department Alexander City, AL, 55941–55942 See Defense Acquisition Regulations System Hawthorne, NV, 55942–55943

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PROPOSED RULES Electronic Signatures, 56035–56036 Airworthiness Directives: Export of Food and Drug Administration-Regulated Airbus Airplanes, 55955–55958 Products—Export Certificates, 56031–56033 The Boeing Company Airplanes, 55958–55963 Guidance: Class E Airspace; Amendments: Grandfathering Policy for Packages and Homogenous Clanton, AL, 55964–55965 Cases of Product Without Product Identifier, 56033– Class E Airspace; Establishments: 56035 Spanish Fork, UT, 55965–55966 Meetings: Safety Assessment for Investigational New Drug Safety Federal Communications Commission Reporting; Public Workshop, 56036–56037 PROPOSED RULES Nationwide Number Portability: General Services Administration Numbering Policies for Modern Communications, 55970– NOTICES 55984 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Implementation of Information Technology Security Submissions, and Approvals, 56019–56021 Provision, 56024 OMB Circular A–119, 56024 Federal Deposit Insurance Corporation NOTICES Health and Human Services Department Terminations of Receivership: See Centers for Disease Control and Prevention Columbia River Bank, The Dalles, Or, 56021 See Children and Families Administration RiverBank, Wyoming, MN, 56021 See Food and Drug Administration See Health Resources and Services Administration Federal Energy Regulatory Commission See National Institutes of Health NOTICES NOTICES Applications: Findings of Research Misconduct, 56042–56043 Columbia Gas Transmission, LLC, 56014–56015 Meetings: Ram Valley, LLC, 56012–56013 Chronic Fatigue Syndrome Advisory Committee, 56042 Complaints: Clear River Energy Center, LLC v. ISO New England, Inc.; Health Resources and Services Administration New England Power Co.; New England Participating NOTICES Transmission Owners, 56014 Agency Information Collection Activities; Proposals, Market-Based Rate Authority; Revocations: Submissions, and Approvals: Electric Quarterly Reports, Niagara Generation, LLC, C2K NURSE Corps Loan Repayment Program, 56040–56042 Energy, LLC, et al., 56013–56014 Rural Health Care Services Outreach Program Performance Improvement and Measurement Systems Federal Motor Carrier Safety Administration Measures, 56037–56038 NOTICES Rural Health Network Development Program, 56038– Agency Information Collection Activities; Proposals, 56039 Submissions, and Approvals: Ryan White HIV/AIDS Program Client-Level Data Driver Commuting Practices Survey, 56102–56103 Reporting System, 56039–56040 Qualification of Drivers; Exemption Applications: Diabetes, 56111–56113 Homeland Security Department Diabetes Mellitus, 56105–56106 See Coast Guard Epilepsy and Seizure Disorders, 56106–56111 Vision, 56103–56104 Institute of Museum and Library Services NOTICES Federal Reserve System Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, 2019–2021 National Medals Nomination Forms, 56058– Submissions, and Approvals, 56021–56023 56059

Fish and Wildlife Service Inter–American Foundation NOTICES NOTICES Meetings: Meetings; Sunshine Act, 56044 North American Wetlands Conservation Council; Advisory Group for Neotropical Migratory Bird Interior Department Conservation Act, 56044–56045 See Fish and Wildlife Service Permits: See Land Management Bureau Foreign Endangered Species, 56045–56046 See National Park Service

Food and Drug Administration International Trade Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Antidumping or Countervailing Duty Investigations, Orders, Submissions, and Approvals: or Reviews: Announcement of Office of Management and Budget Certain Stilbenic Optical Brightening Agents From the Approvals, 56031 People’s Republic of China and Taiwan, 55990

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Crystalline Silicon Photovoltaic Cells, Whether or Not National Institute of Allergy and Infectious Diseases, Assembled Into Modules, From the People’s Republic 56044 of China, 55987–55988 National Institute of Environmental Health Science, Tapered Roller Bearings and Parts Thereof, Finished and 56043–56044 Unfinished, From the People’s Republic of China, 55986–55987 National Oceanic and Atmospheric Administration Determinations of Sales of Less-Than-Fair-Value: RULES Cast Iron Soil Pipe Fittings From People’s Republic of Fisheries of the Caribbean, Gulf of Mexico, and South China, 55989–55990 Atlantic: Quarterly Update to Annual Listing of Foreign Government 2017 Commercial Accountability Measure and Closure for Subsidies on Articles of Cheese Subject to an In-Quota South Atlantic Golden Tilefish Hook-and-Line Rate of Duty, 55988–55989 Component, 55952–55953 Fisheries of the Exclusive Economic Zone Off Alaska: International Trade Commission Pacific Ocean Perch in Bering Sea Subarea of Bering Sea NOTICES and Aleutian Islands Management Area, 55953 Investigations; Determinations, Modifications, and Rulings, NOTICES etc.: Meetings: Certain Backpack Chairs, 56048–56049 Mid-Atlantic Fishery Management Council, 56006–56007 Certain Glucosylated Steviol Glycosides, and Products Takes of Marine Mammals Incidental to Specified Containing Same; Institution of Investigation, 56049– Activities: 56050 Bravo Wharf Recapitalization Project, Year 2, 55990– Fine Denier Polyester Staple Fiber From China, India, 56006 Korea, and Taiwan, 56050–56051 Marine Geophysical Survey in Southwest Pacific Ocean, Forged Steel Fittings From China, Italy, and Taiwan, 2017/2018, 56120–56149 56049 National Park Service Justice Department NOTICES NOTICES National Register of Historic Places: Agency Information Collection Activities; Proposals, Pending Nominations and Related Actions, 56048 Submissions, and Approvals: Fee Waiver Request, 56052 Nuclear Regulatory Commission PROPOSED RULES Labor Department Regulatory Improvements for Power Reactors Transitioning See Employment and Training Administration NOTICES to Decommissioning, 55954–55955 NOTICES Worker Adjustment Assistance; Investigations, 56056– Agency Information Collection Activities; Proposals, 56058 Submissions, and Approvals: Land Management Bureau Voluntary Reporting of Performance Indicators, 56062– 56063 NOTICES Voluntary Reporting of Planned New Reactor Environmental Impact Statements; Availability, etc.: Applications, 56059–56060 Proposed United States Gypsum Co. Mine Expansion/ Environmental Assessments; Availability, etc.: Modernization Project, Imperial County, CA, 56046– Omaha Public Power District; Fort Calhoun Station, Unit 56047 No. 1, 56060–56062 Library of Congress See Copyright Royalty Board Postal Regulatory Commission NOTICES National Aeronautics and Space Administration New Postal Products, 56063–56064 NOTICES Agency Information Collection Activities; Proposals, Postal Service Submissions, and Approvals: RULES OMB Circular A–119, 56024 New Mailing Standards for Domestic Mailing Services Products, 55947–55951 National Foundation on the Arts and the Humanities NOTICES See Institute of Museum and Library Services Product Changes: Priority Mail Express, Priority Mail, and First-Class National Highway Traffic Safety Administration Package Service Negotiated Service Agreement, NOTICES 56064 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Rural Utilities Service Reports, Forms, and Recordkeeping Requirements, RULES 56114–56116 Distance Learning and Telemedicine Loan and Grant Program, 55923–55939 National Institutes of Health NOTICES NOTICES Grant Application Deadlines and Funding Levels: Meetings: Assistance to High Energy Cost Rural Communities Grant National Eye Institute, 56043 Program, 55986

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Securities and Exchange Commission Surface Transportation Board NOTICES NOTICES Agency Information Collection Activities; Proposals, Adverse Abandonments: Submissions, and Approvals, 56079, 56088 Alloy Property Co., LLC; Chicago Terminal Railroad in Applications: Chicago, IL, 56101 New Mountain Finance Corp., et al., 56093–56097 Meetings; Sunshine Act, 56064, 56089 Self-Regulatory Organizations; Proposed Rule Changes: Transportation Department Cboe BYX Exchange, Inc., 56076–56079 See Federal Aviation Administration Cboe BZX Exchange, Inc., 56065–56067 See Federal Motor Carrier Safety Administration Cboe C2 Exchange, Inc., 56069–56072 See National Highway Traffic Safety Administration Cboe EDGA Exchange, Inc., 56079–56082 NOTICES Cboe EDGX Exchange, Inc., 56072–56075 Agency Information Collection Activities; Proposals, Cboe Exchange, Inc., 56085–56088 Submissions, and Approvals: Investors Exchange, LLC, 56089–56093 Barrier Failure Reporting in Oil and Gas Operations on Nasdaq GEMX, LLC, 56082–56083 Outer Continental Shelf, 56116–56117 Nasdaq ISE, LLC, 56067–56069, 56075–56076 Nasdaq MRX, LLC, 56084–56085 Treasury Department Small Business Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Disaster Declarations: Submissions, and Approvals, 56117 Alabama; Public Assistance Only, 56098 Agency Information Collection Activities; Proposals, Oregon, 56098 Submissions, and Approvals: Economic Injury Disaster Declarations: Bond Guarantee Program, 56117–56118 Oregon, 56097–56098 Social Security Administration NOTICES Separate Parts In This Issue Consolidating Retirement Research Consortium and Disability Research Consortium into Retirement and Part II Disability Research Consortium, 56098–56099 Commerce Department, National Oceanic and Atmospheric Administration, 56120–56149 State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reader Aids Supplemental Questions for Visa Applicants, 56099– Consult the Reader Aids section at the end of this issue for 56100 phone numbers, online resources, finding aids, and notice Designations as State Sponsors of Terrorism: of recently enacted public laws. Democratic People’s Republic of Korea, 56100 To subscribe to the Federal Register Table of Contents State Justice Institute electronic mailing list, go to https://public.govdelivery.com/ NOTICES accounts/USGPOOFR/subscriber/new, enter your e-mail Meetings: address, then follow the instructions to join, leave, or Board of Directors, 56100 manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR 1703...... 55923 1734...... 55923 1735...... 55923 10 CFR Proposed Rules: 26...... 55954 50...... 55954 52...... 55954 73...... 55954 140...... 55954 14 CFR 39...... 55939 71 (3 documents) ...... 55941, 55942, 55943 Proposed Rules: 39 (2 documents) ...... 55955, 55958 71 (2 documents) ...... 55964, 55965 33 CFR 100...... 55945 117...... 55945 37 CFR 380...... 55946 386...... 55946 39 CFR 111...... 55947 40 CFR 52...... 55951 Proposed Rules: 52...... 55966 147...... 55968 47 CFR Proposed Rules: 51...... 55970 52...... 55970 50 CFR 622...... 55952 679...... 55953

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Rules and Regulations Federal Register Vol. 82, No. 226

Monday, November 27, 2017

This section of the FEDERAL REGISTER available on the at http:// the Regulatory Flexibility Act (5 U.S.C. contains regulatory documents having general www.rd.usda.gov. 601 et seq.). RUS provides loans to applicability and legal effect, most of which borrowers at interest rates and on terms are keyed to and codified in the Code of FOR FURTHER INFORMATION CONTACT: Kenneth Kuchno, Deputy Assistant that are more favorable than those Federal Regulations, which is published under generally available from the private 50 titles pursuant to 44 U.S.C. 1510. Administrator, Policy and Outreach Division, Rural Utilities Service, sector. RUS borrowers, as a result of The Code of Federal Regulations is sold by Program, U.S. obtaining federal financing, receive economic benefits that exceed any the Superintendent of Documents. Department of Agriculture, STOP 1599, direct economic costs associated with 1400 Independence Ave. SW., complying with RUS regulations and Washington, DC 20250–1550, DEPARTMENT OF AGRICULTURE requirements. number: (202) 690–4673. Rural Utilities Service SUPPLEMENTARY INFORMATION: Environmental Impact Statement Executive Order 12866 This final rule has been examined 7 CFR Parts 1703, 1734, and 1735 under Agency environmental This final rule has been determined to regulations at 7 CFR part 1970. The RIN 0572–AC37 be not significant for the purposes of Administrator has determined that this Executive Order 12866, Regulatory is not a major Federal action Distance Learning and Telemedicine Planning and Review, and therefore has Loan and Grant Programs significantly affecting the environment. not been reviewed by the Office of Therefore, in accordance with the AGENCY: Rural Utilities Service, USDA. Management and Budget (OMB). National Environmental Policy Act of ACTION: Final rule; request for Executive Order 12988 1969 (42 U.S.C. 4321 et seq.), an comments. Environmental Impact Statement is not This final rule has been reviewed required. SUMMARY: The Rural Utilities Service under Executive Order 12988, Civil Catalog of Federal Domestic Assistance (RUS), a Rural Development Agency of Justice Reform. The Agency has the United States Department of determined that this rule meets the The Catalog of Federal Domestic Agriculture (USDA), hereinafter referred applicable standards provided in Assistance (CFDA) number assigned to to as RUS or the Agency, is issuing a section 3 of the Executive Order. In this program is 10.855, Distance final rule to streamline, revise, and addition, all state and local laws and Learning and Telemedicine Loans and update the Distance Learning and regulations that are in conflict with this Grants. The Catalog is available on the Telemedicine (DLT) Grant Program, to rule will be preempted. No retroactive Internet at http://www.cfda.gov and the minimize the burden of applying for effect will be given to this rule and, in General Services Administration’s and awarding grants. The Agency’s goal accordance with section 212(e) of the (GSA’s) free CFDA Web site at http:// is to reduce the regulatory burden on Department of Agriculture www.cfda.gov. The CFDA Web site also grant applicants and to ensure that grant Reorganization Act of 1994 (7 U.S.C. contains a PDF file version of the funds are awarded for projects with the 6912(e)), administrative appeal Catalog that, when printed, has the same most demonstrable need. The Agency procedures must be exhausted before an layout as the printed document that the will follow this final rule affording the action against the Department or its Government Publishing Office (GPO) public an opportunity to comment with agencies may be initiated. provides. GPO prints and sells the a subsequent final rule. Executive Order 12372 CFDA to interested buyers. For DATES: information about purchasing the This final rule is effective This final rule is not subject to the December 27, 2017. Catalog of Federal Domestic Assistance requirements of Executive Order 12372, from GPO, call the Superintendent of Written comments must be received ‘‘Intergovernmental Review,’’ as on or before December 27, 2017. Documents at 202–512–1800 or toll free implemented under USDA’s regulations at 866–512–1800, or access GPO’s ADDRESSES: Submit your comments on at 7 CFR part 3015. online bookstore at http:// this Rule by any of the following bookstore.gpo.gov. methods: Executive Order 13771 • Federal Rulemaking Portal at http:// This action is expected to be an Unfunded Mandates www.regulations.gov . Follow Executive Order 13771 deregulatory This final rule contains no Federal instructions for submitting comments. action. This rule is expected to provide mandates (under the regulatory • Postal Mail/Commercial Delivery: meaningful burden reduction by provisions of Title II of the Unfunded Please send your comment addressed to removing interim steps that delay the Mandates Reform Act of 1995) for state, Thomas P. Dickson, Acting Director, application process and reducing the local, and tribal governments or the Program Development and Regulatory amount of resources needed to process private sector. Therefore, this rule is not Analysis, Rural Utilities Service, U.S. and award grant applications. subject to the requirements of §§ 202 Department of Agriculture, 1400 Regulatory Flexibility Act Certification and 205 of the Unfunded Mandates Independence Avenue, STOP 1522, Reform Act of 1995. Room 5162, Washington, DC 20250– RUS has determined that this final 1522. rule will not have a significant E-Government Act Compliance Additional information about the economic impact on a substantial RUS is committed to the E- Rural Development and its programs is number of small entities, as defined in Government Act, which requires

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Government agencies in general to activity conducted or funded by USDA America, including public health and provide the public the option of (not all bases apply to all programs). safety, environmental protection and submitting information or transacting Remedies and complaint filing conservation, and cultural and historic business electronically to the maximum deadlines vary by program or incident. preservation. extent possible. Persons with disabilities who require DLT grants and loans are designed to alternative means of communication for Executive Order 13132, Federalism encourage and improve telemedicine program information (e.g., Braille, large and distance learning services in rural The policies contained in this final print, audiotape, American Sign areas through the use of computer rule do not have any substantial direct Language, etc.) should contact the networks and related advanced effect on states, on the relationship responsible Agency or USDA’s TARGET technologies by students, teachers, between the national government and Center at (202) 720–2600 (voice and medical professionals, and rural the states, or on the distribution of TTY) or contact USDA through the residents. RUS believes that need is power and responsibilities among the Federal Relay Service at (800) 877–8339. often greatest in areas that are various levels of government. Nor does Additionally, program information may economically challenged, costly to this final rule impose substantial direct be made available in languages other serve, and experiencing outward compliance costs on state and local than English. migration. RUS gives priority to rural governments. Therefore, consultation To file a program discrimination areas that the Agency believes have the with the states is not required. complaint, complete the USDA Program greatest need for distance learning and Executive Order 13175, Consultation Discrimination Complaint Form, AD– telemedicine services based on the 3027, found online at http:// criteria outlined in the program and Coordination With Indian Tribal _ _ Governments www.ascr.usda.gov/complaint filing regulation 7 CFR part 1734. This cust.html and at any USDA office or program is consistent with the This rule has been reviewed in write a letter addressed to USDA and accordance with the requirements of provisions of the Telecommunications provide in the letter all of the Act of 1996 that designate Executive Order 13175, ‘‘Consultation information requested in the form. To and Coordination with Indian Tribal telecommunications service discounts request a copy of the complaint form, for schools, libraries, and rural health Governments.’’ Executive Order 13175 call (866) 632–9992. Submit your requires Federal agencies to consult and care centers. The DLT Program completed form or letter to USDA by: (1) continues to implement the provision of coordinate with tribes on a government- Mail: U.S. Department of Agriculture, to-government basis on policies that the Federal Agriculture Improvement Office of the Assistant Secretary for and Reform Act of 1996 (1996 Act) (7 have tribal implications, including Civil Rights, 1400 Independence regulations, legislative comments or U.S.C. 950aaa et seq.) to encourage and Avenue SW., Washington, DC 20250– improve telemedicine services and proposed legislation, and other policy 9410; (2) : (202) 690–7442; or (3) statements or actions that have distance learning services in rural areas. email: [email protected]. Under this rulemaking, RUS is substantial direct effects on one or more USDA is an equal opportunity streamlining and revising the DLT Grant Indian tribes, on the relationship provider, employer, and lender. between the Federal Government and Program to minimize the burden of the Indian tribes or on the distribution of Information Collection and application and selection processes in power and responsibilities between the Recordkeeping Requirements this competitive grant program and to Federal Government and Indian tribes. This final rule contains no new ensure that grants are awarded for Rural Development has assessed the reporting or recordkeeping burdens projects with the most demonstrable impact of this rule on Indian tribes and under OMB control number 0572–0096 need. In order to reduce time required determined that this rule does not, to that would require approval under the to announce the program on an annual our knowledge, have tribal implications Paperwork Reduction Act of 1995 (44 basis, the agency will no longer publish that require tribal consultation under U.S.C. Chapter 35). a Notice of Funds Availability and will E.O. 13175. If a tribe would like to ensure that all pertinent information engage in consultation with Rural Background related to the application period is Development on this rule, please Rural Development is a mission area posted in the annual funding contact Rural Development’s Native within the USDA comprised of the opportunity posted on Grants.gov, as American Coordinator at (720) 544– Rural Utilities Service, Rural Housing required by 2 CFR 200.203, and include 2911 or [email protected]. Service and Rural Business/Cooperative the information on the program Web site Service. Rural Development’s mission is and in the program application guide, USDA Non-Discrimination Policy to increase economic opportunity and which will be linked to the funding In accordance with Federal civil improve the quality of life for all rural opportunity posting. This rulemaking rights law and U.S. Department of Americans. Rural Development meets applies to the DLT Grant Program Agriculture (USDA) civil rights its mission by providing loans, loan section of the regulation. regulations and policies, the USDA, its guarantees, grants, and technical Changes to the Regulation Agencies, offices, and employees, and assistance through more than 40 institutions participating in or programs aimed at creating and Changes to the DLT grant program administering USDA programs are improving housing, businesses, and regulation are statutory requirements prohibited from discriminating based on infrastructure throughout rural America. and non-statutory issues. The statutory race, color, national origin, religion, sex, RUS loan, loan guarantee, and grant requirement changes are as follows: gender identity (including gender programs act as a catalyst for economic (A) In 7 CFR part 1703, subpart E expression), sexual orientation, and community development. By (newly designated 7 CFR part 1734, disability, age, marital status, family/ financing improvements to rural subpart B), revises the ‘‘Appeals’’ parental status, income derived from a electric, water and waste, and telecom section. In review of the guiding statute, public assistance program, political and broadband infrastructure, RUS also program appeals are defined as applying beliefs, or reprisal or retaliation for prior plays a big role in improving other only to RUS Telecommunications and civil rights activity, in any program or measures of quality of life in rural Electric Borrowers.

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(B) In 7 CFR part 1703, subpart D the program Web site and in the 1734.2 Policy. (newly designated 7 CFR part 1734, program application guide, which will 1734.3 Definitions. subpart A), The Agency is revising this be linked to the funding opportunity 1734.4 Applicant eligibility and allocation regulation to make RUS Telecom and posting. of funds. 1734.5 Processing of selected applications. Electrics borrowers eligible to apply for List of Subjects 1734.6 Disbursement of loans and grants. grants. In review of the guiding statute 1734.7 Reporting and oversight RUS Telecom and Electric Borrowers 7 CFR Part 1703 requirements. are not restricted to DLT loans only. Community development, Grant 1734.8 Audit requirements. (C) The Agency is now making programs—housing and community 1734.9 Grant and loan administration. broadband facilities an eligible grant 1734.10 Changes in project objectives or development, Loan programs—housing purpose. In the past, to leverage scope. and community development, Reporting appropriations to their fullest, the 1734.11 Grant and loan termination. and recordkeeping requirements, Rural Agency restricted transmission facilities 1734.12 Expedited telecommunications areas. loans. from being an eligible purpose and 1734.13–1734.19 [Reserved] focused the program on end user 7 CFR Part 1734 equipment. In today’s environment, Subpart B—Distance Learning and Community development, Grant Telemedicine Grant Program broadband facilities have become an programs—education, Grant programs— integral part of providing distant health, Loan programs—education, Loan 1734.20 [Reserved] 1734.21 Approved purposes for grants. learning and telemedicine services and programs—health, Rural areas. therefor the Agency has decided to 1734.22 Matching contributions. include them as an eligible grant 7 CFR Part 1735 1734.23 Nonapproved purposes for grants. purpose. 1734.24 Maximum and minimum grant Loan programs—communications, amounts. (D) In 7 CFR part 1703, 7 CFR part Reporting and recordkeeping 1734.25 Completed application. 1734 and 7 CFR part 1735 make requirements, Rural areas, 1734.26 Criteria for scoring grant administrative updates to reflect Telecommunications, Telephone. applications. changes affected by this rule. 1734.27 Application selection provisions. Other than the statutory changes, the Accordingly, for reasons set forth in 1734.28 Submission of applications. Agency is affording the public the the preamble, chapter XVII, title 7, the 1734.29 Appeals. Code of Federal Regulations is amended opportunity to comment on the Subpart C—Distance Learning and following non-statutory changes which as follows: Telemedicine Combination Loan and Grant are as follows: Program (A) Relocate the DLT Loan and Grant PART 1703—RURAL DEVELOPMENT 1734.30 Use of combination loan and grant. Program from 7 CFR part 1703, subparts ■ 1. Revise the authority citation for part 1734.31 Approved purposes for a D, E, F and G to 7 CFR part 1734, 1703 to read as follows: combination loan and grant. subparts A, B, C, and D. 1734.32 Nonapproved purposes for a (B) In 7 CFR part 1703, subpart D Authority: 7 U.S.C. 901 et seq. combination loan and grant. (newly designated 7 CFR part 1734, 1734.33 Maximum and minimum amounts. subpart A), remove the definitions of the Subparts D, E, F and G—[Removed 1734.34 Completed application. National School Lunch Program (NSLP), and Reserved] 1734.35 Application selection provisions. 1734.36 Submission of applications. Empowerment Zone/Enterprise ■ 2. Amend part 1703 by removing and Community (EZ/EC), and Champion 1734.37 Appeals. reserving subparts D, E, F and G, 1734.38–1734.39 [Reserved] Community. consisting of §§ 1703.100 through (C) In 7 CFR part 1703, subpart E Subpart D—Distance Learning and 1703.147. (newly designated 7 CFR part 1734, Telemedicine Loan Program ■ subpart B), remove points for scoring 3. Revise § 1703.300 to read as 1734.40 Use of loan funds. the criteria from the code of Federal follows: 1734.41 Approved purposes for loans. 1734.42 Non-approved purposes for loans. Regulations (CFR) which is used for § 1703.300 Purpose. 1734.43 Maximum and minimum amounts. determining the competitive need and This subpart H sets forth RUS’ eligibility among submitted 1734.44 Completed application. policies and procedures for making loan 1734.45 Application selection provisions. applications. Instead, publish the points deferments of principal and interest 1734.46 Submission of applications. for scoring the criteria in the application payments on direct loans or insured 1734.47 Appeals. guide and on the program Web site, and loans made for electric or telephone Authority: 7 U.S.C. 901 et seq. and 950aaa update as needed. This change is being purposes, but not for loans made for et seq. made to allow the DLT program to keep rural economic development purposes, up with changes in the industry and the in accordance with subsection (b) of Subpart A—Distance Learning and landscape in rural America. section 12 of the RE Act. Loan Telemedicine Loan and Grant (D) In Subparts E, F and G (newly deferments are provided for the purpose Program—General designated 7 CFR part 1734, subparts B, of promoting rural development C, and D), remove references to the § 1734.1 Purpose. opportunities. publication of notices in the Federal The purpose of the Distance Learning ■ Register. In order to reduce time 4. Add part 1734 to read as follows: and Telemedicine (DLT) Loan and Grant required to announce the program on an PART 1734—DISTANCE LEARNING Program is to encourage and improve annual basis, the agency will no longer AND TELEMEDICINE LOAN AND telemedicine services and distance publish these notices and will ensure GRANT PROGRAMS learning services in rural areas through that all pertinent information related to the use of telecommunications, the application period is posted in the Subpart A—Distance Learning and computer networks, and related annual funding opportunity posted on Telemedicine Loan and Grant Programs— advanced technologies by students, Grants.gov, as required by 2 CFR General teachers, medical professionals, and 200.203, and include the information on 1734.1 Purpose. rural residents. This subpart describes

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the general policies for administering (g) The Administrator will allocate assistance is provided. At least one of the DLT program. Subpart B of this part funds that are appropriated each fiscal the entities in a consortium must meet contains the policies and procedures year for subparts B, C, and D, of this part the requirements of § 1734.4. related to grants; subpart C contains the respectively. Not more than 30 days Construct means to acquire, construct, policies and procedures related to a before the end of the fiscal year, the extend, improve, or install a facility or combination loan and grant; and subpart Administrator may transfer any funds system. D contains the policies and procedures not committed to grants in the Distance learning means a related to loans. combination loan and grant program to to an end user the grant program. through the use of eligible equipment to § 1734.2 Policy. (h) Financial assistance may be provide educational programs, (a) The transmission of information is provided for end user sites. Financial instruction, or information originating vital to the economic development, assistance may also be provided for in one area, whether rural or not, to education, and health of rural hubs located in rural or non-rural areas students and teachers who are located Americans. To further this objective, the if they are necessary to provide distance in rural areas. Rural Utilities Service (RUS) will learning or telemedicine services to DLT borrower means an entity that provide financial assistance to distance rural residents at end user sites. has an outstanding loan under the learning and telemedicine projects that (i) The Administrator will publish, at provisions of the DLT program. will improve the access for people the end of each fiscal year, a notice on DLT program means the Distance residing in rural areas to educational, the RUS Telecommunications Program Learning and Telemedicine Loan and learning, training, and health care Web site of all applications receiving Grant Program administered by RUS. services. financial assistance under this subpart. Economic useful life as applied to (b) In providing financial assistance, Subject to the provisions of the Freedom equipment and facilities financed under RUS will give priority to rural areas that of Information Act (5 U.S.C. 552), the DLT program is calculated based on it believes have the greatest need for applications will be available for public Internal Revenue Service depreciation distance learning and telemedicine inspection at the U.S. Department of rules or recognized telecommunications services. RUS believes that generally the Agriculture, 1400 Independence Avenue industry guidelines. need is greatest in areas that are SW., Washington, DC 20250. Eligible equipment means computer economically challenged, costly to hardware and software, audio and video serve, and experiencing outward § 1734.3 Definitions. equipment, computer networking migration. This program is consistent As used in this part: components, telecommunications with the provisions of the 1996 Act means the Federal terminal equipment, terminal Telecommunications Act of 1996 that Agriculture Improvement Act of 1996. equipment, inside wiring, interactive designate telecommunications service Act means the Rural Electrification video equipment. discounts for schools, libraries, and Act of 1936 (7 U.S.C. 901 et seq.). Eligible facilities means land, rural health care centers. RUS will take Administrator means the buildings, or building construction into consideration the community’s Administrator of the Rural Utilities needed to carry out an eligible distance involvement in the proposed project Service, or designee or successor. learning or telemedicine project for loan and the applicant’s ability to leverage Applicant means an eligible financial assistance only. grant funds. organization that applies for financial (c) In administering this subpart, RUS assistance under this subpart. End user is one or more of the will not favor or mandate the use of one Approved purposes means project following: particular technology over another. purposes for which grant, loan, or (1) Rural elementary, secondary (d) Rural institutions are encouraged combination loan and grant financial schools, and other educational to cooperate with each other, with assistance may be expended. institutions, such as institutions of applicants, and with end-users to Broadband facilities means facilities higher education, vocational and adult promote the program being that transmit, receive, or carry voice, training and educational centers, implemented under this subpart. video, or data between the terminal libraries and teacher training centers, (e) RUS staff will make diligent efforts equipment at each end of the circuit or and students, teachers and instructors to inform potential applicants in rural path. Such facilities include using such rural educational facilities, areas of the programs being antennae, relay stations and towers, that participate in distance learning implemented under this subpart. other telecommunications antennae, telecommunications program through a (f) The Administrator may provide fiber-optic cables and repeaters, coaxial project funded under this subpart; loans under this subpart to an entity cables, communication satellite ground (2) Rural hospitals, primary care that has received a telecommunications station complexes, copper cable centers or facilities, such as medical or electric loan under the Rural electronic equipment associated with centers, nursing homes, and clinics, and Electrification Act of 1936. A borrower telecommunications transmissions, and physicians and staff using such rural receiving a loan shall: similar items. medical facilities, that participants in a (1) Make the funds provided available Combination loan and grant means a rural distance learning to entities that qualify as distance grant in combination with a loan made telecommunications program through a learning or telemedicine projects under the DLT program. project funded under this part; and satisfying the requirements of this Completed application means an (3) Other rural community facilities, subpart, under any terms it so chooses application that includes all those items institutions, or entities that receive as long as the terms are no more specified in §§ 1734.125, 1734.134, and distance learning or telemedicine stringent than the terms under which it in form and substance satisfactory to the services. received the financial assistance. Administrator. End user site means a facility that is (2) Use the loan to acquire, install, Consortium means a combination or part of a network or telecommunications improve, or extend a distance learning group of entities undertaking the system that is utilized by end users. An or telemedicine system referred to in purposes for which the distance end user site can also be the residence this subpart. learning and telemedicine financial of someone living in a rural area that is

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receiving telemedicine or distant Recipient means a grantee, borrower, individual entity must contract with learning services. or both of a DLT program grant, loan or RUS in its own behalf. Financial assistance means a grant, combination loan and grant. (b) The applicant proposes to utilize combination loan and grant, or loan. Rural community facility means a the financing to: GFR means RUS telecommunications facility such as a school, library, (1) Operate a rural End-User Site for program General Field Representative. learning center, training facility, the purpose of providing Distance Grant documents means the grant hospital, or medical facility that Learning or Telemedicine services; or agreement, including any amendments provides benefits primarily to residents (2) Deliver distance learning or and supplements thereto, between RUS of rural areas. telemedicine services to entities that and the grantee. RUS means the Rural Utilities operate a rural community facility or to Grantee means a recipient of a grant Service, an agency of the United States residents of rural areas at rates from RUS to carry out the purposes of Department of Agriculture, successor to calculated to ensure that the benefit of the DLT program. the Rural Electrification Administration. the financial assistance is passed Guarantee means a guarantee for a Secretary means the Secretary of through to such entities or to residents loan provided by a RUS borrower or Agriculture. of rural areas. other qualified third party. Technical assistance means: Hub means a facility that is part of a (1) Assistance in learning to manage, § 1734.5 Processing of selected applications. network or telecommunications system operate, or use equipment or systems; that provides educational or medical and (a) During the period between the services to end user sites. (2) Studies, analyses, designs, reports, submission of an application and the Instructional programming means manuals, guides, literature, or other execution of documents, the applicant course material for teaching over the forms of creating, acquiring, or must inform RUS if the project is no Distance Learning or Telemedicine disseminating information. longer viable or the applicant no longer network, including computer software. Telecommunications carrier means is requesting financial assistance for the Interactive equipment means any provider of telecommunications project. When the applicant so informs equipment used to produce and prepare services. RUS, the selection will be rescinded or for transmission of audio and visual Telecommunications or electric the application withdrawn and written signals from at least two distant borrower means an entity that has notice to that effect sent to the locations so that individuals at such outstanding RUS electric or applicant. locations can orally and visually telecommunications loan or loan (b) If an application has been selected communicate with each other. Such guarantee under the provisions of the and the scope of the project changes equipment includes, but is not limited Act. substantially, the applicant may be to, monitors, other display devices, Telecommunications systems plan required to reapply in the next program cameras or other recording devices, means the plan submitted by an window if the agency and the selected audio pickup devices, and other related applicant in accordance with § 1734.25 applicant cannot agree on the new scope equipment. for grants, § 1734.34 for a combination of the award. Loan means a loan made under the loan and grant, or § 1734.44 for loans. (c) If state or local governments raise DLT program bearing interest at a rate Telemedicine means a objections to a proposed project under equal to the then current cost-of-money telecommunications link to an end user the intergovernmental review process to the government. through the use of eligible equipment that are not resolved within 90 days Loan documents mean the loan which electronically links medical from the time the public is made aware agreement, note, and security professionals at separate sites in order to of the award, the Administrator will instrument, including any amendments exchange health care information in rescind the selection and written notice and supplements thereto, between RUS audio, video, graphic, or other format to that effect will be sent to the and the DLT borrower. for the purpose of providing improved applicant. The Administrator, in his (LEC) is a health care services primarily to sole discretion, may extend the 90 day regulatory term in telecommunications residents of rural areas. period if it appears resolution is for the local . In the imminent. United States, wireline telephone § 1734.4 Applicant eligibility and allocation (d) RUS may request additional companies are divided into two large of funds. information that would not change the categories: Long distance (interexchange To be eligible to receive a grant, loan application or scoring, in order to carrier, or IXCs) and local (local and grant combination, or loan under complete the appropriate documents exchange carrier, or LECs). This this subpart: covering financial assistance. structure is a result of 1984 divestiture (a) The applicant must be legally (e) Financial assistance documents. of then regulated monopoly carrier organized as an incorporated (1) The documents will include a grant American Telephone & Telegraph. Local organization, an Indian tribe or tribal agreement for grants; loan documents, telephone companies at the time of the organization, as defined in 25 U.S.C. including third party guarantees, notes divestiture are also known as Incumbent 450b(b) and (c), a state or local unit of and security instruments for loans; or Local Exchange Carriers (ILEC). government, a consortium, as defined in any other legal documents the Matching contribution means the § 1734.3, or other legal entity, including Administrator deems appropriate, applicant’s contribution for approved a private corporation organized on a for- including suggested forms of purposes. profit or not-for profit basis. Each certifications and legal opinions. Project means approved purposes for applicant must provide written (2) The grant agreement and the loan which financial assistance has been evidence of its legal capacity to contract documents will include, among other provided. with RUS to obtain the grant, loan and things, conditions on the release or Project service area means the area in grant combination, or the loan, and advance of funds and include at a which at least 90 percent of the persons comply with all applicable minimum, a project description, to be served by the project are likely to requirements. If a consortium lacks the approved purposes, the maximum reside. legal capacity to contract, each amount of the financial assistance,

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supplemental funds required for the government, will provide evidence of the project in meeting the objectives of project, and certain agreements or fidelity bond coverage as required by 2 the program. The final report may serve commitments the applicant may have CFR part 200, which is adopted by as the last annual report. proposed in its application. In addition, USDA through 2 CFR part 400. (c) RUS will monitor recipients, as it the loan documents may contain (b) Grants and loans will be disbursed determines necessary, to ensure that covenants and conditions the to recipients on a reimbursement basis, projects are completed in accordance Administrator deems necessary or or with unpaid invoices for the eligible with the approved scope of work and desirable to provide additional purposes contained in this subpart, by that the financial assistance is expended assurance that loans will be repaid and the following process: for approved purposes. the purposes of the loan will be (1) An SF 270, ‘‘Request for Advance § 1734.8 Audit requirements. accomplished. or Reimbursement,’’ will be completed (3) The recipient of a loan will be by the recipient and submitted to RUS A recipient of financial assistance required to execute a security not more frequently than once a month; shall provide RUS with an audit for instrument in form and substance (2) RUS will review the SF 270 for each year, beginning with the year in satisfactory to RUS and must, before accuracy when received and will which a portion of the financial receiving any advance of loan funds, schedule payment if the form is assistance is expended, in accordance provide security that is adequate, in the satisfactory. Payment will ordinarily be with the following: opinion of RUS, to assure repayment, made within 30 days; and (a) If the recipient is a for-profit within the time agreed, of all loans to (c) The recipient’s share in the cost of entity, a Telecommunications or Electric the borrower under the DLT program. the project must be disbursed in borrower, or any other entity not This assurance will generally be advance of the loan and grant, or if the covered by the following paragraph, the provided by a first lien upon all recipient agrees, on a pro rata recipient shall provide an independent facilities and equipment financed by the distribution basis with financial audit report in accordance with 7 CFR loan. RUS may require additional assistance during the disbursement part 1773, ‘‘Policy on Audits of RUS security as it deems necessary. period. Recipients will not be permitted Borrowers.’’ (4) Adequate security may also be to provide their contributions at the end (b) If the recipient is a state or local provided by third-party guarantees, of the project. government, or non-profit organization, letters of credit, pledges of revenue, or (d) A combination loan and grant will the recipient shall provide an audit in other forms of security satisfactory to be disbursed on a pro rata basis based accordance with subpart F of 2 CFR part RUS. on the respective amounts of financial 200, as adopted by USDA through 2 CFR (5) The security instrument and other assistance provided. part 400. loan documents required by RUS in (c) Grantees shall comply with 2 CFR § 1734.7 Reporting and oversight part 200, as adopted by USDA through connection with a loan under the DLT requirements. program shall contain such pledges, 2 CFR part 400, and rules on the (a) A project performance activity disposition of grant assets in Part 200 covenants, and other provisions as may, report will be required of all recipients in the opinion of RUS, be required to shall be applied regardless of the type on an annual basis until the project is of legal organization of the grantee. secure repayment of the loan. complete and the funds are expended by (6) If the project does not constitute a the applicant. § 1734.9 Grant and loan administration. complete operating system, the DLT (b) Recipients shall diligently monitor RUS will conduct reviews as recipient shall provide evidence, in performance to ensure that time necessary to determine whether the form and substance satisfactory to RUS, schedules are being met, projected work financial assistance was expended for demonstrating that the recipient has by time periods is being accomplished, approved purposes. The recipient is sufficient contractual, financing, or and other performance objectives are responsible for ensuring that the project other arrangements to assure that the being achieved. Recipients are to submit complies with all applicable project will provide adequate and all project performance reports, regulations, and that the grants and efficient service. including, but not limited to, the (f) Prior to the execution of a grant loans are expended only for approved following: and loan document, RUS reserves the purposes. The recipient is responsible (1) A comparison of actual for ensuring that disbursements and right to require any changes in the accomplishments to the objectives project or legal documents covering the expenditures of funds are properly established for that period; supported by invoices, contracts, bills of project to protect the integrity of the (2) A description of any problems, DLT program and the interests of the sale, canceled checks, or other delays, or adverse conditions which appropriate forms of evidence, and that government. have occurred, or are anticipated, and (g) If the applicant fails to submit, such supporting material is provided to which may affect the attainment of RUS, upon request, and is otherwise within 120 calendar days from the date overall project objectives, prevent the RUS notifies the applicant that they made available, at the recipient’s meeting of time schedules or objectives, premises, for review by the RUS have been selected for an award, all of or preclude the attainment of particular the information that RUS determines to representatives, the recipient’s certified project work elements during public accountant, the Office of be necessary to prepare legal documents established time periods. This and satisfy other requirements of this Inspector General, U.S. Department of disclosure shall be accompanied by a Agriculture, the General Accounting subpart, RUS may rescind the selection statement of the action taken or planned of the application. Office, and any other official conducting to resolve the situation; and an audit of the recipient’s financial § 1734.6 Disbursement of loans and (3) Objectives and timetable statements or records, and program grants. established for the next reporting performance for the grants and loans (a) For financial assistance of period. made under this subpart. The recipient $100,000 or greater, prior to the A final project performance report must shall permit RUS to inspect and copy disbursement of a grant and a loan, the be provided by the recipient. It must any records and documents that pertain recipient, if it is not a unit of provide an evaluation of the success of to the project.

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§ 1734.10 Changes in project objectives or for the costs associated with the capital shall not be considered as an eligible in- scope. assets associated with the project. The kind matching contribution. The recipient shall obtain prior following are approved grant purposes: (d) Costs incurred for non-approved written approval by RUS for any (a) Acquiring and installing, by lease purposes for grant outlined in § 1734.23 material change to the scope or or purchase, eligible equipment as shall not be used as an in-kind matching objectives of the project, including any defined in § 1734.3; contribution. changes to the scope of work or the (b) Purchases of extended warranties, (e) Any financial assistance from budget submitted to RUS. Any material site licenses, and maintenance Federal sources will not be considered change shall be contained in a revised contracts, for a period not to exceed 3 as matching contributions under this scope of work plan to be prepared by years from installation date, so long as subpart unless there is a Federal the recipient, submitted to, and such purchases are in support of eligible statutory exception specifically approved by RUS in writing. If RUS equipment included in the project and authorizing the Federal financial does not approve the change and the made concurrently; assistance to be considered as a awardee is unable to fulfill the original (c) Acquiring or developing matching contribution. purposes of the award, the awardee will instructional programming; but shall not work with RUS to return or rescind the include salaries, benefits, and overhead § 1734.23 Nonapproved purposes for grants. financial assistance. of medical, educational, or any personnel employed by the applicant. (a) A grant made under this subpart § 1734.11 Grant and loan termination. The funded development and will not be provided or used: (a) The financial assistance may be acquisition of instructional (1) To pay for medical or educational terminated when RUS and the recipient programming must be done through an equipment not having telemedicine or agree upon the conditions of the independent 3rd party, and may not be distance learning as its essential termination, the effective date of the performed using the applicant’s function; termination, and, in the case of a partial employees. (2) To pay for Electronic Medical termination of the financial assistance, (d) Providing technical assistance and Records (EMR) systems; any unadvanced portion of the financial instruction for using eligible equipment, (3) To pay salaries, wages, or assistance to be terminated and any including any related software; employee benefits to medical or advanced portion of the financial developing instructional programming; educational personnel; assistance to be returned. or providing engineering and (4) To pay for the salaries or (b) The recipient may terminate the environmental studies relating to the administrative expenses of the applicant financial assistance by written establishment or expansion of the phase or the project; notification to RUS, providing the of the project that is being financed with (5) To purchase equipment that will reasons for such termination, the the grant. These purposes shall not be owned by the local exchange carrier effective date, and, in the case of a exceed 10 percent of the grant; and or another telecommunications service partial termination, the portion of the (e) Purchasing and installing provider unless that service provider is financial assistance to be terminated. In broadband facilities. This purpose is the applicant. the case of a partial termination, if RUS limited to a maximum of 20 percent of (6) To duplicate facilities providing believes that the remaining portion of the request grant amount and must be distance learning or telemedicine the financial assistance will not used for providing distance learning or services in place or to reimburse the accomplish the approved purposes, then telemedicine services. applicant or others for costs incurred RUS may terminate the financial prior to RUS’ receipt of the completed § 1734.22 Matching contributions. assistance in its entirety, pursuant to the application; provisions of paragraph (a) of this (a) The grant applicant’s minimum (7) To pay costs of preparing the section. matching contribution must equal 15 application package for financial percent of the grant amount requested assistance under this program; § 1734.12 Expedited telecommunications and shall be used for approved purposes (8) For projects whose sole objective loans for grants listed in § 1734.21. Matching is to provide links between teachers and RUS will expedite consideration and contributions generally must be in the students or between medical determination of an application form of cash. However, in-kind professionals who are located at the submitted by an RUS contributions solely for the purposes same facility or campus environment; telecommunications borrower for a loan listed in § 1734.21 may be substituted (9) For site development and the under the Act or an advance of such for cash. destruction or alteration of buildings; loan funds to be used in conjunction (b) In-kind items listed in § 1734.21 (10) For the purchase of land, with financial assistance under subparts must be non-depreciated or new assets buildings, or building construction; B, C, or D of this part. See 7 CFR part with established monetary values. Use (11) For projects located in areas 1737 for loans and 7 CFR part 1744 for of specific manufacturers’ equipment or covered by the Coastal Barrier Resources advances under this section. services, or discounts thereon, are not Act (16 U.S.C. 3501 et seq.); considered eligible in-kind matching if (12) For any purpose that the §§ 1734.13–1734.19 [Reserved] the manufacturer, or its authorized Administrator has not specifically reseller, is a vendor on the project, the approved; Subpart B—Distance Learning and grant writer for the grant application, or (13) Except for leases provided for in Telemedicine Grant Program has undertaken any responsibility on § 1734.21, to pay the cost of recurring or § 1734.20 [Reserved] the grant application, including operating expenses for the project; or payment. (14) For any other purposes not § 1734.21 Approved purposes for grants. (c) Costs incurred by the applicant, or specifically contained in § 1734.21. For distance learning and others on behalf of the applicant, for (b) Except as otherwise provided in telemedicine projects, grants shall facilities or equipment installed, or § 1734.12, grants shall not be used to finance only the costs for approved other services rendered prior to finance a project, in part, when the purposes. Grants shall be expended only submission of a completed application, success of the project is dependent upon

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the receipt of additional financial not duplicate adequate established The applicant must document assistance under this subpart or is telemedicine or distance learning discussions with various technical dependent upon the receipt of other services; and sources which could include financial assistance that is not assured. (9) A listing of the location of each consultants, engineers, product vendors, end user site (city, town, village, or internal technical experts, provide § 1734.24 Maximum and minimum grant borough, or rural areas) plus the State. amounts. detailed cost estimates for operating and (c) Scoring criteria documentation. maintaining the end user equipment Applications for grants under this Each grant applicant must address and and provide evidence that alternative subpart will be subject to limitations on provide documentation on how it meets equipment and technologies were the proposed amount of grant funds. each of the scoring criteria contained in evaluated. The Administrator will establish the § 1734.26, and as supplemented in the (2) A listing of the proposed maximum and minimum amounts of a listing on grants.gov, the DLT telecommunications terminal grant to be made available to an Application Guide and the agency’s equipment, telecommunications individual recipient for each fiscal year Web site. transmission facilities, data terminal under this subpart by publishing notice (d) A scope of work. The scope of equipment, interactive video of the maximum and minimum amounts work must include, at a minimum: equipment, computer hardware and in the RUS DLT Program Application (1) The specific activities to be software systems, and components that Guide and/or the RUS DLT Program performed under the project; process data for transmission via Web site and in the funding opportunity (2) Who will carry out the activities; telecommunications, posted on www.Grants.gov on an annual (3) The time-frames for accomplishing components, communication satellite basis. the project objectives and activities; and equipment, or any other § 1734.25 Completed application. (4) A budget for all capital elements of the telecommunications expenditures reflecting the line item The following items are required to be system designed to further the purposes costs for approved purposes for both the submitted to RUS in support of an of this subpart, that the applicant grant funds and other sources of funds application for grant funds: intends to build or fund using RUS (a) An application for Federal for the project. Separately, the budget financial assistance. If funds are being Assistance. A completed Standard Form must specify any line item costs that are requested for broadband facilities, a 424. non-approved purposes for grants as description of the use of these facilities (b) An executive summary of the contained in § 1734.23. and how they will be used to deliver project. The applicant must provide (e) Financial information and distance learning or telemedicine RUS with a general project overview sustainability. The applicant must services. that addresses the following 9 provide a narrative description (3) A description of the consultations categories: demonstrating: Feasibility of the project, with the appropriate (1) A description of why the project including having sufficient resources telecommunications carriers (including is needed; and expertise necessary to undertake other interexchange carriers, cable (2) An explanation of how the and complete the project; and, how the operators, enhanced service applicant will address the need cited in project will be sustained following providers, providers of satellite services paragraph (b)(1) of this section, why the completion of the project. and telecommunications equipment applicant requires financial assistance, (f) A statement of experience. The manufacturers and distributors) and the the types of educational or medical applicant must provide a written anticipated role of such providers in the services to be offered by the project, and narrative (not exceeding three single proposed telecommunications system. the benefits to rural residents; spaced pages) describing its (i) Compliance with other Federal (3) A description of the applicant, demonstrated capability and experience, statutes. The applicant must provide documenting eligibility in accordance if any, in operating an educational or evidence of compliance with other with § 1734.4; health care endeavor and any project Federal statutes and regulations (4) An explanation of the total project similar to the project. Experience in a including, but not limited to the cost including a breakdown of the grant similar project is desirable but not following: required and the source of matching required. (1) E.O. 11246, Equal Employment contribution and other financial (g) Funding commitment from other Opportunity, as amended by E.O. 11375 assistance for the remainder of the sources. The applicant must provide and as supplemented by regulations project; evidence, in form and substance contained in 41 CFR part 60; (5) A statement specifying whether satisfactory to RUS, that funding (2) Architectural barriers; the project is either a distance learning agreements have been obtained to (3) Flood hazard area precautions; or telemedicine facility as defined in ensure completion of the project. These (4) Assistance and Real Property § 1734.3. If the project provides both agreements shall be sufficient to ensure: Acquisition Policies Act of 1970; distance learning and telemedicine (1) Payment of all proposed (5) Drug-Free Workplace Act of 1998 services, the applicant must identify the expenditures for the project; (41 U.S.C. 8101 et seq.), 2 CFR part 421; predominant use of the system; (2) All required matching (6) E.O.s 12549 and 12689, Debarment (6) A general overview of the contributions in § 1734.22; and and Suspension, 2 CFR part 180, which telecommunications system to be (3) Any other funds necessary to is adopted by USDA through 2 CFR part developed, including the types of complete the project. 417; equipment, technologies, and facilities (h) A telecommunications system (7) Byrd Anti-Lobbying Amendment used; plan. A telecommunications system (31 U.S.C. 1352), 2 CFR part 418. (7) A description of the participating plan consisting of the following: (j) Environmental review hubs and end user sites and the number (1) The capabilities of the requirements. of rural residents that will be served by telecommunications terminal (1) The applicant must provide details the project at each end user site equipment, including a description of of the project’s impact on the human (8) A certification by the applicant the specific equipment which will be environment and historic properties, in that facilities constructed with grants do used to deliver the proposed service. accordance with 7 CFR part 1970. The

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application must contain a separate with § 1734.26, the Administrator may, § 1734.28 Submission of applications. section entitled ‘‘Environmental Impact based on a review of the applications in (a) Applications will be accepted as of the Project.’’ accordance with the requirements of announced in the RUS DLT Program (2) The applicant must use any this subpart: application guide and/or the RUS DLT programmatic environmental (1) Limit the number of applications Program Web site and in the funding agreements, available from RUS, in selected for projects located in any one opportunity posted on www.Grants.gov effect at the time of filing to assist in State during a fiscal year; on an annual basis. complying with the requirements of this (2) Limit the number of selected (b) When submitting paper section. applications for a particular type of applications: (k) Evidence of legal authority and project; (1) Applications for grants shall be existence. The applicant must provide (3) Select an application receiving submitted to the RUS, U.S. Department evidence of its legal existence and fewer points than another higher scoring of Agriculture, 1400 Independence authority to enter into a grant agreement application if there are insufficient Avenue SW., STOP 1590, Washington, with RUS and perform the activities funds during a particular funding period DC 20250–1590. Applications should be proposed under the grant application. to select the higher scoring application. marked ‘‘Attention: Assistant (l) Federal debt certification. The In this case, however, the Administrator Administrator, Telecommunications applicant must provide a certification will provide the applicant of the higher Program’’. that it is not delinquent on any scoring application the opportunity to (2) Applications must be submitted to obligation owed to the government (31 reduce the amount of its grant request RUS postmarked no later than the U.S.C. 3720B). to the amount of funds available. If the application filing deadline established (m) Consultation with USDA State applicant agrees to lower its grant by the Administrator if the applications Director, Rural Development. The request, it must certify that the purposes are to be considered during the period applicant must provide evidence that it of the project can be met, and the for which the application was has consulted with the USDA State Administrator must determine the submitted. The deadline for submission Director, Rural Development, project is financially feasible at the of applications each fiscal year will be concerning the availability of other lower amount in accordance with announced in the RUS DLT Program sources of funding available at the State § 1734.25(e). An applicant or multiple application guide and/or the RUS DLT or local level. applicants affected under this paragraph Program Web site and in the funding (n) Supplemental information. The will have the opportunity to be opportunity posted on www.Grants.gov applicant should provide any additional considered for loan financing in on an annual basis. information it considers relevant to the accordance with subparts C and D of (3) All applicants must submit an project and likely to be helpful in this part. original and a digital copy of a determining the extent to which the (c) RUS will not approve a grant if completed application. project would further the purposes of RUS determines that: § 1734.29 Appeals. the 1996 Act. (1) The applicant’s proposal does not indicate financial feasibility or is not RUS Telecommunications and § 1734.26 Criteria for scoring grant Electric Borrowers may appeal the applications. sustainable in accordance with the requirements of § 1734.25(e); decision to reject their application. Any The criteria by which applications appeal must be made, in writing, within will be scored will be published in the (2) The applicant’s proposal indicates technical flaws, which, in the opinion of 10 days after the applicant is notified of RUS DLT Program application guide the determination to deny the and/or the RUS DLT Program Web site RUS, would prevent successful implementation, operation, or application. Appeals shall be submitted and in the funding opportunity posted to the Administrator, RUS, U.S. on www.Grants.gov Web site on an sustainability of the project; (3) Other applications would provide Department of Agriculture, 1400 annual basis. The criteria will be used Independence Ave. SW., STOP 1590, to determine and evaluate: Rurality; more benefit to rural America based on a review of the financial and technical Washington, DC 20250–1590. economic need; service need and Thereafter, the Administrator will benefit; and special considerations as information submitted in accordance with § 1734.25(e). review the appeal to determine whether determined by the Administrator to sustain, reverse, or modify the (4) Any other aspect of the applicant’s original determination. Final § 1734.27 Application selection proposal fails to adequately address any determinations will be made after provisions. requirement of this subpart or contains consideration of all appeals. The (a) Applications will be evaluated inadequacies which would, in the Administrator’s determination will be competitively by the Agency and will be opinion of RUS, undermine the ability final. A copy of the Administrator’s ranked in accordance with § 1734.26. of the project to meet the general decision will be furnished promptly to Applications will then be awarded purpose of this subpart or comply with the applicant. generally in rank order until all grant policies of the DLT Program contained funds are expended, subject to in § 1734.2. Subpart C—Distance Learning and paragraphs (b), (c), and (d) of this (d) RUS may reduce the amount of the Telemedicine Combination Loan and section. RUS will make determinations applicant’s grant based on insufficient Grant Program regarding the reasonableness of all program funding for the fiscal year in numbers; dollar levels; rates; the nature which the project is reviewed. RUS will § 1734.30 Use of combination loan and and design of the project; costs; discuss its findings informally with the grant. location; and other characteristics of the applicant and make every effort to reach (a) A combination loan and grant may application and the project to determine a mutually acceptable agreement with be used by eligible organizations as the number of points assigned to a grant the applicant. Any discussions with the defined in § 1734.4 for distance learning application for all selection criteria. applicant and agreements made with and telemedicine projects to finance 100 (b) Regardless of the number of points regard to a reduced grant amount will be percent of the cost of approved purposes an application receives in accordance confirmed in writing. contained in § 1734.31 provided that no

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financial assistance may exceed the adversely impact the economic viability for each project to be made available to maximum amount for the year in which of the project as determined by the an individual recipient for each fiscal the combination loan and grant is made Administrator. Financial assistance for year under this subpart, by posting a published in the funding opportunity this purpose must be necessary and funding opportunity in the RUS DLT posted on www.grants.gov on an annual incidental to the total amount of Program Application Guide and/or the basis. financial assistance requested; and RUS DLT Program Web site and in the (b) Applicants must meet the (h) Acquiring telecommunications or funding opportunity posted on minimum eligibility requirement for broadband facilities provided that no www.Grants.gov on an annual basis. determining the extent to which the telecommunications carrier will install project serves rural areas as determined such facilities under the Act or through § 1734.34 Completed application. in § 1734.26(b) other financial procedures within a The following items are required to be reasonable time period and at a cost to submitted to RUS in support of an § 1734.31 Approved purposes for a the applicant that does not impact the application for a combination loan and combination loan and grant. economic viability of the project, as grant: The approved purposes for a determined by the Administrator. (a) An application for federal combination loan and grant are: assistance: A completed Standard Form (a) Acquiring, by lease or purchase, § 1734.32 Nonapproved purposes for a 424. eligible equipment or facilities as combination loan and grant. (b) An executive summary of the defined in § 1734.3; (a) Without limitation, a combination project: The applicant must provide (b) Acquiring instructional loan and grant made under this subpart RUS with a general project overview programming; shall not be expended: that addresses each of the following 9 (c) Providing technical assistance and (1) To pay salaries, wages, or categories: instruction for using eligible equipment, employee benefits to medical or (1) A description of why the project including any related software; educational personnel; is needed; developing instructional programming; (2) To pay for the salaries or (2) An explanation of how the providing engineering or environmental administrative expenses of the applicant applicant will address the need cited in studies relating to the establishment or or the project; paragraph (b)(1) of this section, why the expansion of the phase of the project (3) To purchase equipment that will applicant requires financial assistance, that is being financed with a be owned by the local exchange carrier the types of educational or medical combination loan and grant (this or another telecommunications service services to be offered by the project, and purpose shall not exceed 10 percent of provider, unless the applicant is the the benefits to the rural residents; the total requested financial assistance); local exchange carrier or other (3) A description of the applicant, (d) Paying for medical or educational telecommunications service provider; documenting eligibility in accordance equipment and facilities that are shown (4) To duplicate facilities providing with § 1734.4; to be necessary to implement the distance learning or telemedicine (4) An explanation of the total project project, including vehicles utilizing services in place or to reimburse the cost including a breakdown of the distance learning and telemedicine applicant or others for costs incurred combination loan and grant required technology to deliver educational and prior to RUS’ receipt of the completed and the source of funding, if applicable, health care services. The applicant must application; for the remainder of the project; demonstrate that such items are (5) For projects located in areas (5) A statement specifying whether necessary to meet the purposes under covered by the Coastal Barrier Resources the project provides predominantly this subpart and financial assistance for Act (16 U.S.C. 3501 et seq.); distance learning or telemedicine such equipment and facilities is not (6) For any purpose that the services as defined in § 1734.3. If the available from other sources at a cost Administrator has not specifically project provides both distance learning which would not adversely affect the approved; and telemedicine services, the applicant economic viability of the project; (7) Except for leases (see § 1734.31), to must identify the predominant use of (e) Providing links between teachers pay the cost of recurring or operating the system; and students or medical professionals expenses for the project; or, (6) A general overview of the who are located at the same facility, (8) For any other purposes not telecommunications system to be provided that such facility receives or specifically outlined in § 1734.31. developed, including the types of provides distance learning or (b) Except as otherwise provided in equipment, technologies, and facilities telemedicine services as part of a § 1734.12, funds shall not be used to used; distance learning or telemedicine finance a project, in part, when the (7) A description of the participating network which meets the purposes of success of the project is dependent upon hubs and end user sites and the number this subpart; the receipt of additional financial of rural residents that will be served by (f) Providing for site development and assistance under this subpart or is the project at each end user site; alteration of buildings in order to meet dependent upon the receipt of other (8) A certification by the applicant the purposes of this subpart. Financial funding that is not assured. that facilities constructed with a assistance for this purpose must be combination loan and grant do not necessary and incidental to the total § 1734.33 Maximum and minimum duplicate adequately established amount of financial assistance amounts. telemedicine or distance learning requested; Applications for a combination loan services. (g) Purchasing of land, buildings, or and grant under this subpart will be (9) A listing of the location of each building construction determined by subject to limitations on the proposed end user site (city, town, village, RUS to be necessary and incidental to amount of loans and grants. The borough, or rural area plus the State). the project. The applicant must Administrator will establish the (c) A scope of work. The scope of demonstrate that financial assistance maximum and minimum amount of work must include, at a minimum: funding from other sources is not loans and grants and the portion of grant (1) The specific activities to be available at a cost that does not funds as a percentage of total assistance performed under the project;

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(2) Who will carry out the activities; by a RUS Telecommunications or telecommunications, computer network (3) The time-frames for accomplishing Electric borrower or by another components, communication satellite the project objectives and activities; and qualified party. Additional forms of ground station equipment, or any other (4) A budget for capital expenditures security, including letters of credit, real elements of the telecommunications reflecting the line item costs for both the estate, or any other items will be system designed to further the purposes combination loan and grant and any considered. RUS will determine the of this subpart, that the applicant other sources of funds for the project. adequacy of the security offered. intends to build or fund using a (d) Financial information. The (3) As applicable, a depreciation combination loan and grant. applicant must show its financial ability schedule covering all assets of the (3) A description of the consultations to complete the project; show project project. Those assets for which a with the appropriate feasibility; and provide evidence that it combination loan and grant are being telecommunications carriers (including can execute a note for a loan with a requested should be clearly indicated. other interexchange carriers, cable maturity period greater than one year. (4) For each hub and end user site, the television operators, enhanced service For educational institutions applicant must identify and provide providers, providers of satellite services, participating in a project application reasonable evidence of each source of and telecommunications equipment (including all members of a revenue. If the projection relies on cost manufacturers and distributors) and the consortium), the financial data must sharing arrangements among hub and anticipated role of such providers in the reflect revenue and expense reports and end user sites, the applicant must proposed telecommunications system. balance sheet reports, reflecting net provide evidence of agreements made (4) Results of discussions with local worth, for the most recent annual among project participants. exchange carriers serving the project reporting period preceding the date of (5) For applicants eligible under area addressing the concerns contained § 1734.4(1), an explanation of the the application. For medical institutions in § 1734.31(h). participating in a project application economic analysis justifying the rate (5) The capabilities of the (including all members of a structure to ensure that the benefit, telecommunications or broadband consortium), the financial data must including cost saving, of the financial transmission facilities, including include income statement and balance assistance is passed through to the other , networking topology, sheet reports, reflecting net worth, for persons receiving telemedicine or switching, , standards, and the most recent completed fiscal year distance learning services. protocols for intra-networking and open preceding the date of the application. (e) A statement of experience. The systems architecture (the ability to When the applicant is a partnership, applicant must provide a written company, corporation, or other entity, narrative (not exceeding three single effectively communicate with other current balance sheets, reflecting net spaced pages) describing its networks). In addition, the applicant worth, are needed from each of the demonstrated capability and experience, must explain the manner in which the entities that has at least a 20 percent if any, in operating an educational or transmission facilities will deliver the interest in such partnership, company, health care endeavor similar to the proposed services. For example, for corporation or other entity. When the project. Experience in a similar project medical diagnostics, the applicant might applicant is a consortium, a current is desirable but not required. indicate whether or not a guest or other balance sheet, reflecting net worth, is (f) A telecommunications system diagnosticians can join the network needed from each member of the plan. A telecommunications system from locations off the network. For consortium and from each of the entities plan, consisting of the following (the educational services, indicate whether that has at least a 20 percent interest in items in paragraphs (f)(4) and (5) of this or not all hub and end-user sites are able such member of the consortium. section are required only when the to simultaneously hear in real-time and (1) Applicants must include sufficient applicant is requesting a combination see each other or the instructional pro-forma financial data that adequately loan and grant for telecommunications material in real-time. The applicant reflects the financial capability of transmission facilities): must include detailed cost estimates for project participants and the project as a (1) The capabilities of the operating and maintaining the network, whole to continue a sustainable project telecommunications terminal and include evidence that alternative for a minimum of 10 years and repay the equipment, including a description of delivery methods and systems were loan portion of the combination loan the specific equipment which will be evaluated. and grant. This documentation should used to deliver the proposed service. (g) Compliance with other Federal include sources of sufficient income or The applicant must document statutes. The applicant must provide revenues to pay operating expenses discussions with various technical evidence of compliance with other including telecommunications access sources which could include federal statutes and regulations and toll charges, system maintenance, consultants, engineers, product vendors, including, but not limited to the salaries, training, and any other general or internal technical experts, provide following: operating expenses, provide for detailed cost estimates for operating and (1) E.O. 11246, Equal Employment replacement of depreciable items, and maintaining the end user equipment Opportunity, as amended by E.O. 11375 show repayment of interest and and provide evidence that alternative and as supplemented by regulations principal for the loan portion of the equipment and technologies were contained in 41 CFR part 60; combination loan and grant. evaluated. (2) Architectural barriers; (2) A list of property which will be (2) A listing of the proposed (3) Flood hazard area precautions; used as collateral to secure repayment of purchases or leases of (4) Assistance and Real Property the loan. The applicant shall purchase telecommunications terminal Acquisition Policies Act of 1970; and own collateral that secures the loan equipment, telecommunications or (5) Drug-Free Workplace Act of 1998 free from liens or security interests and broadband transmission facilities, data (41 U.S.C. 8101 et seq.), 2 CFR part 421; take all actions necessary to perfect a terminal equipment, interactive video (6) E.O.s 12549 and 12689, Debarment security interest in the collateral that equipment, computer hardware and and Suspension, 2 CFR part 180, which secures the loan. RUS considers as software systems, and components that is adopted by USDA through 2 CFR part adequate security for a loan, a guarantee process data for transmission via 417;

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(7) Byrd Anti-Lobbying Amendment provided that the total amount of submitted. All applicants must submit (31 U.S.C. 1352), 2 CFR part 418. applications on-hand for combination an original and an electronic copy of a (h) Environmental review loans and grants does not exceed 90 completed application. The applicant requirements. percent of the total loan and grant must also submit a copy of the (1) The applicant must provide details funding available for the fiscal year. At application to the State government of the project’s impact on the human such time as the total amount of point of contact, if one has been environment and historic properties, in applications eligible for combination designated for the State, at the same accordance with 7 CFR part 1970. The loans and grants, if such applications time it submits an application to the application must contain a separate were approved, exceeds 90 percent of State Director. The State Director will: section entitled ‘‘Environmental Impact amount of combination loan and grant (1) Review each application for of the Project.’’ funding available, RUS will process the completeness in accordance with (2) The applicant must use any remaining applications using the § 1734.34, and notify the applicant, programmatic environmental evaluation criteria referenced in within 15 working days of receiving the agreements, available from RUS, in § 1734.26. application, of the results of this review, effect at the time of filing to assist in (c) RUS will not approve a acknowledging a complete application, complying with the requirements of this combination loan and grant if RUS or citing any information that is section. determines that: incomplete. To be considered for a (i) Evidence of legal authority and (1) The applicant’s proposal does not combination loan and grant, the existence. The applicant must provide indicate financial feasibility, or will not applicant must submit any additional evidence of its legal existence and be adequately secured in accordance information requested to complete the authority to enter into a grant and incur with the requirements contained in application within 15 working days of debt with RUS. § 1734.34(d); the date of the State Director’s written (j) Federal debt certification. The (2) The applicant’s proposal indicates response. If the applicant fails to submit applicant must provide evidence that it technical flaws, which, in the opinion of such information, the application will is not delinquent on any obligation RUS, would prevent successful be returned to the applicant. owed to the government (31 U.S.C. implementation, or operation of the (2) Within 30 days of the 3720B). project; or determination of a completed (k) Supplemental information. The (3) Any other aspect of the applicant’s application in accordance with applicant should provide any additional proposal fails to adequately address any paragraph (b)(1) of this section, review information it considers relevant to the requirements of this subpart or contains the application to determine suitability project and likely to be helpful in inadequacies which would, in the for financial assistance in accordance determining the extent to which the opinion of RUS, undermine the ability with § 1734.35, and other requirements project would further the purposes of of the project to meet the general of this subpart. Based on its review, the this subpart. purpose of this subpart or comply with State Director will work with the (l) Additional information required by policies of the DLT program contained applicant to resolve any questions or RUS. The applicant must provide any in § 1734.2. obtain any additional information. The additional information RUS may (d) RUS will provide the applicant applicant will be notified, in writing, of consider relevant to the application and with a statement of any determinations any additional information required to necessary to adequately evaluate the made with regard to paragraphs (c)(1) allow a financial assistance application. RUS may also request through (c)(3) of this section. The recommendation and will be provided a modifications or changes, including applicant will be provided 15 days from reasonable period of time to furnish the changes in the amount of funds the date of RUS’ letter to respond, additional information. requested, in any proposal described in provide clarification, or make any (3) Based on the review in accordance an application submitted under this adjustments or corrections to the with § 1734.35 and other requirements subpart. project. If, in the opinion of the of this subpart, make a preliminary Administrator, the applicant fails to determination of suitability for financial § 1734.35 Application selection adequately respond to any assistance. A combination loan and provisions. determinations or other findings made grant recommendation will be prepared (a) A combination loan and grant will by the Administrator, the project will by the State Director with concurrence be approved based on availability of not be funded, and the applicant will be of the RUS telecommunications GFR funds, the financial feasibility of the notified of this determination. If the that addresses the provisions of project in accordance with § 1734.34(d), applicant does not agree with this § 1734.34 and § 1734.35 and other the services to be provided which finding, an appeal may be filed in applicable requirements of this subpart. demonstrate that the project meets the accordance with § 1734.37. (4) If the application is determined general requirements of this subpart, the suitable for further consideration by design of the project; costs; location; § 1734.36 Submission of applications. RUS, forward an original and electronic and other characteristics of the (a) RUS will accept applications for a version of the application with a application. combination loan and grant submitted financial assistance recommendation, (b) RUS will determine, from the by RUS Telecommunications General signed jointly, to the Assistant information submitted with each Field Representatives (GFRs), by Rural Administrator, Telecommunications application for a combination loan and Development State Directors, or by Program, Rural Utilities Service, grant, whether the application achieves applicants themselves. Applications for Washington, DC. The applicant will be sufficient priority, based on the criteria a combination loan and grant under this notified by letter of this action. Upon set forth in the 1996 Act, to receive a subpart may be filed at any time and receipt of the application from the State combination loan and grant from funds will be evaluated as received. Director, RUS will conduct a review of available for the fiscal year. If such (b) Applications submitted to the the application and the financial priority is achieved, RUS will process State Director, Rural Development, in assistance recommendation. A final the combination loan and grant the State serving the headquarters of the determination will be made within 15 application on a first-in, first-out basis, project will be evaluated as they are days. If the Administrator determines

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that a combination loan and grant can accordance with §§ 1734.5 through (b) of this section for constructing be approved, the State Director will be 1734.12. distance learning or telemedicine notified and the State Director will (4) If RUS determines that the facilities for the purposes contained in notify the applicant. A combination application is not suitable for further § 1734.41, except for those purposes in loan and grant will be processed, consideration, notify the applicant with § 1734.41(h). approved, and serviced in accordance the reasons for this determination. The (d) Applicants must meet the with §§ 1734.5 through 1734.12. applicant will be able to appeal in minimum eligibility requirement for (5) If the State Director determines accordance with § 1734.37. determining the extent to which the that the application is not suitable for project serves rural areas as contained in § 1734.37 Appeals. further consideration by RUS, notify the § 1734.26(b) applicant with the reasons for this RUS Electric and determination. Telecommunications Borrowers may § 1734.41 Approved purposes for loans. (c) Applications submitted by RUS appeal a decision to reject their The following are approved purposes Telecommunications GFRs or directly application. Any appeal must be made, for loans: by applicants will be evaluated as they in writing, within 10 days after the (a) Acquiring, by lease or purchase, are submitted. All applicants must applicant is notified of the eligible equipment or facilities as submit an original and an electronic determination to deny the application. defined in § 1734.3; version a completed application. The Appeals shall be submitted to the (b) Acquiring instructional applicant must also submit a copy of the Administrator, RUS, U.S. Department of programming; application to the State government Agriculture, 1400 Independence Ave. (c) Providing technical assistance and point of contact, if one has been SW., STOP 1590, Washington, DC instruction for using eligible equipment, designated for the State, at the same 20250–1590. Thereafter, the including any related software; time it submits an application to RUS. Administrator will review the appeal to developing instructional programming; RUS will: determine whether to sustain, reverse, providing engineering or environmental (1) Review each application for or modify the original determination. studies relating to the establishment or completeness in accordance with Final determinations will be made after expansion of the phase of the project § 1734.34, and notify the applicant, consideration of all appeals. The that is being financed with the loan within 15 working days of receiving the Administrator’s determination will be (financial assistance for this purpose application, of the results of this review, final. A copy of the Administrator’s shall not exceed 10 percent of the acknowledging a complete application, decision will be furnished promptly to requested financial assistance); or citing any information that is the applicant. (d) Paying for medical or educational incomplete. To be considered for a equipment and facilities which are §§ 1734.38–1734.39 [Reserved] combination loan and grant assistance, shown to be necessary to implement the the applicant must submit any Subpart D—Distance Learning and project, including vehicles utilizing additional information requested to Telemedicine Loan Program distance learning and telemedicine complete the application within 15 technology to deliver educational and working days of the date of the RUS § 1734.40 Use of loan funds. health care services. The applicant must written response. If the applicant fails to A loan may be used by eligible demonstrate that such items are submit such information, the organizations as defined in § 1734.4 for necessary to meet the purposes under application will be returned to the distance learning and telemedicine this subpart and financial assistance for applicant. projects to finance 100 percent of the such equipment and facilities is not (2) Within 30 days of the cost of approved purposes contained in available from other sources at a cost determination of a completed § 1734.41 provided that no financial which would not adversely affect the application in accordance with assistance may exceed the maximum economic viability of the project; paragraph (c)(1) of this section, review amount for the year in which the loan (e) Providing links between teachers the application to determine suitability is made. Entities seeking a loan must be and students or medical professionals for financial assistance in accordance able to provide security and execute a who are located at the same facility, with § 1734.35, and other requirements note with a maturity period greater than provided that such facility receives or of this subpart. Based on its review, one year. The following entities are provides distance learning or RUS will work with the applicant to eligible for loans under this subpart: telemedicine services as part of a resolve any questions or obtain any (a) Organizations as defined in distance learning or telemedicine additional information. The applicant § 1734.4. If a RUS Telecommunications network which meets the purposes of will be notified, in writing, of any Borrower is seeking a loan, the borrower this subpart; additional information required to allow does not need to submit all of the (f) Providing for site development and a financial assistance recommendation financial security information required alteration of buildings in order to meet and will be provided a reasonable by § 1734.44(d). The borrower’s latest the purposes of this subpart. Loans for period of time to furnish the additional financial report (Form 479) filed with this purpose must be necessary and information. RUS and any additional information incidental to the total amount of (3) If the application is determined relevant to the project, as determined by financial assistance requested; suitable for further consideration by RUS, will suffice; (g) Purchasing of land, buildings, or RUS, conduct a review of the (b) Any non-profit or for-profit entity, building construction, where such costs application and financial assistance public or private entity, urban or rural are demonstrated necessary to construct recommendation. A final determination institution, or rural educational distance learning and telemedicine will be made within 15 days. If the broadcaster, which proposes to provide facilities. The applicant must Administrator determines that a and receive distance learning and demonstrate that funding from other combination loan and grant can be telemedicine services to carry out the sources is not available at a cost which approved, the applicant will be notified. purposes of this subpart; or does not adversely impact the economic A combination loan and grant will be (c) Any entity that contracts with an viability of the project as determined by processed, approved, and serviced in eligible organization in paragraphs (a) or the Administrator. Financial assistance

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for this purpose must be necessary and prior to RUS’ receipt of the completed (7) A description of the participating incidental to the total amount of application; hubs and end user sites and the number financial assistance requested; (3) For projects located in areas of rural residents which will be served (h) Acquiring of telecommunications covered by the Coastal Barrier Resources by the project at each end user site; or broandband facilities provided that Act (16 U.S.C. 3501 et seq.); or (8) A certification by the applicant no telecommunications carrier will (4) To pay for salaries, wages, or that facilities funded by a loan do not install such facilities under the Act or administrative expenses; or duplicate adequate established through other financial procedures (5) For any purpose that the telemedicine or distance learning within a reasonable time period and at Administrator has not specifically services; a cost to the applicant that does not approved. (9) A listing of the location of each impact the economic viability of the (c) Except as otherwise provided in end user site (city, town, village, project, as determined by the § 1734.12, funds shall not be used to borough, or rural area plus the State). Administrator; finance a project, in part, when the (c) A scope of work. The scope of (i) Any project costs, except for success of the project is dependent upon work must include, at a minimum: salaries and administrative expenses, the receipt of additional financial (1) The specific activities to be not included in paragraphs (a) through assistance under this subpart D or is performed under the project; (h) of this section, incurred during the dependent upon the receipt of other (2) Who will carry out the activities; first two years of operation after the funding that is not assured. (3) The time-frames for accomplishing financial assistance has been approved. the project objectives and activities; and § 1734.43 Maximum and minimum (4) A budget for capital expenditures The applicant must show that financing amounts. reflecting the line item costs for the loan such costs are necessary for the Applications for loans under this and any other sources of funds for the establishment or continued operation of subpart will be subject to limitations on project. the project and that financing is not the proposed amount of loans. The (d) Financial information. The available for such costs elsewhere, Administrator will establish the applicant must show its financial ability including from the applicant’s financial maximum amount of a loan available to to complete the project; show project resources. The Administrator will an applicant under this subpart. feasibility; and provide evidence that it determine whether such costs will be § 1734.44 Completed application. can execute a note for a loan for a financed based on information maturity period greater than one year. submitted by the applicant. Loans shall The following items are required to be For educational institutions not be made exclusively to finance such submitted in support of an application participating in a project application costs, and financing for such costs will for a loan: (including all members of a (a) An application for federal not exceed 20 percent of the loan consortium), the financial data must assistance: A completed standard form provided to a project under this section; reflect revenue and expense reports and 424. and balance sheet reports, reflecting net (j) All of the costs needed to provide (b) An executive summary of the worth, for the most recent annual distance learning to rural project. The applicant must provide reporting period preceding the date of areas. Loans may be used to cover the RUS with a general project overview the application. For medical institutions costs of facilities and end-user that addresses each of the following 9 participating in a project application equipment dedicated to providing categories: (including all members of a educational broadcasting to rural areas (1) A description of why the project consortium), the financial data must for distance learning purposes. If the is needed; include income statement and balance facilities are not 100 percent dedicated (2) An explanation of how the sheet reports, reflecting net worth, for to broadcasting, a portion of the applicant will address the need (see the most recent completed fiscal year financing may be used to fund such paragraph (b)(1) of this section), why the preceding the date of the application. facilities based on a percentage of use applicant requires financial assistance, When the applicant is a partnership, factor that approximates the distance the types of educational or medical company, corporation, or other entity, learning broadcasting portion of use. services to be offered by the project, and the benefits to the rural residents; current balance sheets, reflecting net § 1734.42 Non-approved purposes for (3) A description of the applicant, worth, are needed from each of the loans. documenting eligibility in accordance entities that has at least a 20 percent (a) Loans made under this subpart with § 1734.4; interest in such partnership, company, will not be provided to pay the costs of (4) An explanation of the total project corporation or other entity. When the recurring or operating expenses cost including a breakdown of the loan applicant is a consortium, a current incurred after two years from approval required and the source of funding, if balance sheet, reflecting net worth, is of the project except for leases (see applicable, for the remainder of the needed from each member of the § 1734.41). project; consortium and from each of the entities (b) Loans made under this subpart (5) A statement specifying whether that has at least a 20 percent interest in will not be provided for any of the the project provides predominantly such member of the consortium. following costs: distance learning or telemedicine (1) Applicants must include sufficient (1) To purchase equipment that will services as defined in § 1734.3. If the pro-forma financial data which be owned by the local exchange carrier project provides both distance learning adequately reflects the financial or another telecommunications service and telemedicine services, the applicant capability of project participants and the provider, unless the applicant is the must identify the predominant use of project as a whole to continue a local exchange carrier or other the system; sustainable project for a minimum of 10 telecommunications service provider; (6) A general overview of the years and repay the requested loan. This (2) To duplicate facilities providing telecommunications system to be documentation should include sources distance learning or telemedicine developed, including the types of of sufficient income or revenues to pay services in place or to reimburse the equipment, technologies, and facilities operating expenses including applicant or others for costs incurred used; telecommunications access and toll

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charges, system maintenance, salaries, consultants, engineers, product vendors, (1) E.O. 11246, Equal Employment training, and any other general or internal technical experts, provide Opportunity, as amended by E.O. 11375 operating expenses, provide for detailed cost estimates for operating and and as supplemented by regulations replacement of depreciable items, and maintaining the end user equipment contained in 41 CFR part 60; show repayment of interest and and provide evidence that alternative (2) Architectural barriers; principal for the loan. equipment and technologies were (3) Flood hazard area precautions; (2) A list of property which will be evaluated. (4) Assistance and Real Property used as collateral to secure repayment of (2) A listing of the proposed Acquisition Policies Act of 1970; the proposed loan. The applicant shall purchases or leases of (5) Drug-Free Workplace Act of 1998 purchase and own collateral that telecommunications terminal (41 U.S.C. 8101 et seq.), 2 CFR part 421; secures the loan free from liens or equipment, telecommunications (6) E.O.s 12549 and 12689, Debarment security interests and take all actions transmission facilities, data terminal and Suspension, 2 CFR part 180, which necessary to perfect a first lien in the equipment, interactive video is adopted by USDA through 2 CFR part collateral that secures the loan. RUS equipment, computer hardware and 417; will consider as adequate security a loan software systems, and components that (7) Byrd Anti-Lobbying Amendment guarantee by a telecommunications or process data for transmission via (31 U.S.C. 1352), 2 CFR part 418. electric borrower or by another qualified telecommunications, computer network (h) Environmental review party. Additional forms of security, components, communication satellite requirements. (1) The applicant must provide details including letters of credit, real estate, or ground station equipment, or any other of the project’s impact on the any other items will be considered. RUS elements of the telecommunications environment and historic properties, in will determine the adequacy of the system designed to further the purposes accordance with 7 CFR part 1970. The security offered. of this subpart, that the applicant application must contain a separate (3) As applicable, a depreciation intends to build or fund using a loan. schedule covering all assets of the (3) A description of the consultations section entitled ‘‘Environmental Impact project. Those assets for which a loan is with the appropriate of the Project.’’ (2) The applicant must use any being requested should be clearly telecommunications carriers (including programmatic environmental indicated. other interexchange carriers, cable agreements, available from RUS, in (4) For each hub and end user site, the television operators, enhanced service effect at the time of filing to assist in applicant must identify and provide providers, providers of satellite services, complying with the requirements of this reasonable evidence of each source of and telecommunications equipment section. revenue. If the projection relies on cost manufacturers and distributors) and the (i) Evidence of legal authority and sharing arrangements among hub and anticipated role of such providers in the existence. The applicant must provide end user sites, the applicant must proposed telecommunications system. evidence of its legal existence and (4) Results of discussions with local provide evidence of agreements made authority to enter into debt with RUS exchange carriers serving the project among project participants. and perform the activities proposed (5) For applicants eligible under area addressing the concerns contained under the loan application. § 1734.4(a)(1), an explanation of the in § 1734.41(h). (j) Federal debt certification. The (5) The capabilities of the economic analysis justifying the rate applicants must provide a certification telecommunications transmission structure to ensure that the benefit, that it is not delinquent on any facilities, including bandwidth, including cost saving, of the financial obligation owed to the government (31 networking topology, switching, assistance is passed through to the other U.S.C. 3720B). persons receiving telemedicine or multiplexing, standards, and protocols (k) Supplemental information. The distance learning services. for intra-networking and open systems applicant should provide any additional (e) A statement of experience. The architecture (the ability to effectively information it considers relevant to the applicant must provide a written communicate with other networks). In project and likely to be helpful in narrative (not exceeding three single addition, the applicant must explain the determining the extent to which the spaced pages) describing its manner in which the transmission project would further the purposes of demonstrated capability and experience, facilities will deliver the proposed this subpart. if any, in operating an educational or services. For example, for medical (l) Additional information required by health care endeavor and any project diagnostics, the applicant might RUS. The applicant must provide any similar to the project. Experience in a indicate whether or not a guest or other additional information RUS determines similar project is desirable but not diagnosticians can join the network is necessary to adequately evaluate the required. from locations off the network. For application. Modifications or changes, (f) A telecommunications system educational services, indicate whether including changes in the loan amount plan. A telecommunications system or not all hub and end-user sites are able requested, may be requested in any plan, consisting of the following (the to simultaneously hear in real-time and project described in an application items in paragraphs (f)(4) and (5) of this see each other or the instructional submitted under this subpart. section are required only when the material in real-time. The applicant applicant is requesting a loan for must include detailed cost estimates for § 1734.45 Application selection telecommunications transmission operating and maintaining the network, provisions. facilities): and include evidence that alternative (a) Loans will be approved based on (1) The capabilities of the delivery methods and systems were availability of funds, the financial telecommunications terminal evaluated. feasibility of the project in accordance equipment, including a description of (g) Compliance with other Federal with § 1734.44(d), the services to be the specific equipment which will be statutes. The applicant must provide provided which demonstrate that the used to deliver the proposed service. evidence of compliance with other project meets the general requirements The applicant must document Federal statutes and regulations of this subpart, the design of the project; discussions with various technical including, but not limited to the costs; location; and other characteristics sources which could include following: of the application.

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(b) RUS will determine, from the (b) Applications submitted to the application and the recommendation. A information submitted with each State Director, Rural Development, in final determination will be made within application for a loan, whether the the State serving the headquarters of the 15 days. If the Administrator determines application achieves sufficient priority, project will be evaluated as they are that a loan can be approved, the State based on the criteria set forth in the submitted. All applicants must submit Director will be notified and the State 1996 Act, to receive a loan from funds an original and an electronic version of Director will notify the applicant. available for the fiscal year. If such a completed application. The applicant Applications for loans will be priority is achieved, RUS will process must also submit a copy of the processed, and approved loans serviced, the loan application on a first-in, first- application to the State government in accordance with §§ 1734.5 through out basis, provided that the total amount point of contact, if one has been 1734.12. of applications on-hand for loans does designated for the State, at the same (5) If the State Director determines not exceed 90 percent of the total loan time it submits an application to the that the application is not suitable for funding available for the fiscal year. At State Director. The State Director will: further consideration by RUS, notify the such time as the total amount of (1) Review each application for applicant with the reasons for this applications eligible for loans, if such completeness in accordance with determination. applications were approved, exceeds 90 § 1734.44, and notify the applicant, (c) Applications submitted by RUS percent of amount of loan funding within 15 working days of receiving the Telecommunications GFRs or directly available, RUS will process the application, of the results of this review, by applicants will be evaluated as they remaining applications using the acknowledging a complete application, are submitted. All applicants must evaluation criteria referenced in or citing any information that is submit an original and an electronic § 1734.26. incomplete. To be considered for a loan, version of a completed application. The (c) A loan will not be approved if it the applicant must submit any applicant must also submit a copy of the is determined that: additional information requested to application to the State government (1) The applicant’s proposal does not complete the application within 15 point of contact, if one has been indicate financial feasibility, or is not working days of the date of the State designated for the State, at the same adequately secured in accordance with Director’s written response. If the time it submits an application to the the requirements of § 1734.44(d); applicant fails to submit such RUS. RUS will: (2) The applicant’s proposal indicates information, the application will be (1) Review each application for technical flaws, which, in the opinion of returned to the applicant. completeness in accordance with RUS, would prevent successful (2) Within 30 days of the § 1734.44, and notify the applicant, implementation, or operation of the determination of a completed within 15 working days of receiving the project; or application in accordance with application, of the results of this review, (3) Any other aspect of the applicant’s paragraph (b)(1) of this section, review acknowledging a complete application, proposal fails to adequately address any the application to determine suitability or citing any information that is requirements of this subpart or contains for financial assistance in accordance incomplete. To be considered for a loan, inadequacies which would, in the with § 1734.45, and other requirements the applicant must submit any opinion of RUS, undermine the ability of this subpart. Based on its review, the additional information requested to of the project to meet the general State Director will work with the complete the application within 15 purpose of this subpart or comply with applicant to resolve any questions or working days of the date of the RUS policies of the DLT program contained obtain any additional information. The written response. If the applicant fails to in § 1734.2. applicant will be notified, in writing, of submit such information, the (d) RUS will provide the applicant any additional information required to application will be returned to the with a statement of any determinations allow a financial assistance applicant. made with regard to paragraphs (c)(1) recommendation and will be provided a (2) Within 30 days of the through (c)(3) of this section. The reasonable period of time to furnish the determination of a completed applicant will be provided 15 days from additional information. application in accordance with the date of the RUS letter to respond, (3) Based on the review in accordance paragraph (c)(1) of this section, review provide clarification, or make any with § 1734.45 and other requirements the application to determine suitability adjustments or corrections to the of this subpart, make a preliminary for financial assistance in accordance project. If, in the opinion of the determination of suitability for financial with this subpart. Based on its review, Administrator, the applicant fails to assistance. A loan recommendation will RUS will work with the applicant to adequately respond to any be prepared by the State Director with resolve any questions or obtain any determinations or other findings made concurrence of the RUS additional information. The applicant by the Administrator, the loan will not telecommunications GFR that addresses will be notified, in writing, of any be approved, and the applicant will be the provisions of §§ 1734.44 and additional information required to allow notified of this determination. If the 1734.45 and other applicable a financial assistance recommendation applicant does not agree with this requirements of this subpart. and will be provided a reasonable finding an appeal may be filed in (4) If the application is determined period of time to furnish the additional accordance with § 1734.47. suitable for further consideration by information. RUS, forward an original and an (3) If the application is determined § 1734.46 Submission of applications. electronic version of the application suitable for further consideration by (a) RUS will accept applications for with a loan recommendation, signed RUS, conduct a review of the loans submitted by RUS jointly, to the Assistant Administrator, application and financial assistance Telecommunications GFRs, by Rural Telecommunications Program, Rural recommendation. A final determination Development State Directors, or by Utilities Service, Washington, DC. The will be made within 15 days. If the applicants themselves. Applications for applicant will be notified by letter of Administrator determines that a loan loans under this subpart may be filed at this action. Upon receipt of the can be approved, the applicant will be any time and will be evaluated as application from the State Director, RUS notified. Applications will be processed, received on a non-competitive basis. will conduct a cursory review of the and approved loans serviced, in

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accordance with §§ 1734.5 through DEPARTMENT OF TRANSPORTATION other information. The street address for 1734.12. the Docket Operations office (telephone Federal Aviation Administration (4) If RUS determines that the 800–647–5527) is in the ADDRESSES application is not suitable for further section. Comments will be available in 14 CFR Part 39 consideration, notify the applicant with the AD docket shortly after receipt. the reasons for this determination. The [Docket No. FAA–2017–1095; Product FOR FURTHER INFORMATION CONTACT: Tom applicant will be offered appeal rights Identifier 2012–NM–215–AD; Amendment Rodriguez, Aerospace Engineer, in accordance with § 1734.47. 39–19108; AD 2017–24–04] International Section, Transport RIN 2120–AA64 Standards Branch, FAA, 1601 Lind § 1734.47 Appeals. Avenue SW., Renton, WA 98057–3356; RUS Electric and Airworthiness Directives; Fokker telephone 425–227–1137; fax 425–227– Telecommunications Borrowers may Services B.V. Airplanes 1149. appeal a decision to reject their SUPPLEMENTARY INFORMATION: AGENCY: Federal Aviation application. Any appeal must be made, Administration (FAA), DOT. Discussion in writing, within 10 days after the applicant is notified of the ACTION: Final rule; request for The European Aviation Safety Agency determination to deny the application. comments. (EASA), which is the Technical Agent Appeals shall be submitted to the for the Member States of the European SUMMARY: We are adopting a new Union, has issued EASA AD 2012–0238, Administrator, RUS, U.S. Department of airworthiness directive (AD) for certain Agriculture, 1400 Independence Ave. dated November 9, 2012 (referred to Fokker Services B.V. Model F.27 after this as the Mandatory Continuing SW., STOP 1590, Washington, DC airplanes. This AD requires contacting 20250–1590. Thereafter, the Airworthiness Information, or ‘‘the the FAA to obtain instructions for MCAI’’), to correct an unsafe condition Administrator will review the appeal to addressing the unsafe condition on determine whether to sustain, reverse, for certain Fokker Services B.V. Model these products, and doing the actions F.27 airplanes. The MCAI states: or modify the original determination. specified in those instructions. This AD Final determinations will be made after A number of Fokker F.27 aeroplanes have was prompted by reports indicating that exit signs installed to locate the emergency consideration of all appeals. The certain exit signs have a hydrogen Administrator’s determination will be exits. A number of these signs are not isotope that decays over time, causing electrically powered, but are self-illuminated final. A copy of the Administrator’s the signs to lose their brightness. We are by means of a hydrogen isotope known as decision will be furnished promptly to issuing this AD to address the unsafe Tritium. As this isotope decays over time, the applicant. condition on these products. these signs will lose their brightness. To remain compliant with regulations, PART 1735—GENERAL POLICIES, DATES: This AD becomes effective Tritium exit signs should be replaced when TYPES OF LOANS, LOAN December 12, 2017. their brightness has deteriorated below REQUIREMENTS— We must receive comments on this accepted levels. The established service life TELECOMMUNICATIONS PROGRAM AD by January 11, 2018. for the Tritium powered exit signs is 7 years. ADDRESSES: You may send comments, Currently, the F.27 maintenance program does not include a replacement task for exit ■ using the procedures found in 14 CFR 5. The authority citation for part 1735 signs containing Tritium. continues to read as follows: 11.43 and 11.45, by any of the following This condition, if not corrected, could methods: Authority: 7 U.S.C. 901 et seq., 1921 et result in insufficiently bright exit signs, • Federal eRulemaking Portal: Go to seq., and 6941 et seq. possibly preventing safe evacuation during http://www.regulations.gov. Follow the an emergency, which could result in injury ■ 6. Amend § 1735.30 by revising instructions for submitting comments. to occupants. paragraph (d)(1)(v) to read as follows: • Fax: 202–493–2251. For the reasons described above, this • Mail: U.S. Department of [EASA] AD requires the replacement of the § 1735.30 Hardship loans. Transportation, Docket Operations, affected Tritium powered exit signs. * * * * * M–30, West Building Ground Floor, Depending on the aeroplane configuration, the replacement exit signs must be either (d) * * * Room W12–140, 1200 New Jersey photo-luminescent or Tritium powered. In Avenue SE., Washington, DC 20590. (1) * * * addition, this [EASA] AD introduces a life • Hand Delivery: U.S. Department of limit for the Tritium signs and requires (v) Distance Learning and Medical Transportation, Docket Operations, repetitive maintenance tasks for the photo- Link Facilities. Borrowers will receive 2 M–30, West Building Ground Floor, luminescent signs. [The EASA AD provides points for loan funds included in the Room W12–140, 1200 New Jersey an option to revise the airplane maintenance application for the purpose of providing Avenue SE., Washington, DC, between 9 program.] distance learning or medical link a.m. and 5 p.m., Monday through You may examine the MCAI on the transmission facilities. If loan funds are Friday, except Federal holidays. Internet at http://www.regulations.gov included for both distance learning and Examining the AD Docket by searching for and locating Docket No. medical link transmission facilities, FAA–2017–1095. borrowers will receive 3 points. (See 7 You may examine the AD docket on CFR part 1734 for definitions of distance the Internet at http:// FAA’s Determination and Requirements learning and medical link.) www.regulations.gov by searching for of This AD * * * * * and locating Docket No. FAA–2017– This product has been approved by 1095; or in person at the Docket the aviation authority of another Dated: October 10, 2017. Operations office between 9 a.m. and 5 country, and is approved for operation Christopher A. McLean, p.m., Monday through Friday, except in the United States. Pursuant to our Acting Administrator, Rural Utilities Service. Federal holidays. The AD docket bilateral agreement with the State of [FR Doc. 2017–25266 Filed 11–24–17; 8:45 am] contains this AD, the regulatory Design Authority, we have been notified BILLING CODE P evaluation, any comments received, and of the unsafe condition described in the

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MCAI. We are issuing this AD because Comments Invited We will post all comments we we evaluated all pertinent information This AD is a final rule that involves receive, without change, to http:// and determined the unsafe condition requirements affecting flight safety, and www.regulations.gov, including any exists and is likely to exist or develop we did not precede it by notice and personal information you provide. We on other products of the same type opportunity for public comment. We will also post a report summarizing each design. invite you to send any written relevant substantive verbal contact we receive data, views, or arguments about this AD. about this AD. FAA’s Determination of the Effective Send your comments to an address Date Costs of Compliance listed under the ADDRESSES section. Since there are currently no domestic Include ‘‘Docket No. FAA–2017–1095; Currently, there are no affected U.S.- operators of this product, we find good Product Identifier 2012–NM–215–AD’’ registered airplanes. This AD requires cause that notice and opportunity for at the beginning of your comments. We contacting the FAA to obtain prior public comment are unnecessary. specifically invite comments on the instructions for addressing the unsafe overall regulatory, economic, condition, and doing the actions In addition, for the reason(s) stated environmental, and energy aspects of specified in those instructions. Based on above, we find that good cause exists for this AD. We will consider all comments the actions specified in the MCAI, we making this amendment effective in less received by the closing date and may are providing the following cost than 30 days. amend this AD based on those estimates for an affected airplane that is comments. placed on the U.S. Register in the future:

ESTIMATED COSTS

Cost per Action Labor cost Parts cost product

Replacement ...... 1 work-hour × $85 per hour = $85 ...... Unavailable ...... $85 Inspection ...... 1 work-hour × $85 per hour = $85 ...... $0 ...... 85 Maintenance or inspection program revision ...... 1 work-hour × $85 per hour = $85 ...... $0 ...... 85

Authority for This Rulemaking Regulatory Findings PART 39—AIRWORTHINESS DIRECTIVES Title 49 of the United States Code We determined that this AD will not specifies the FAA’s authority to issue have federalism implications under ■ 1. The authority citation for part 39 rules on aviation safety. Subtitle I, Executive Order 13132. This AD will continues to read as follows: section 106, describes the authority of not have a substantial direct effect on Authority: 49 U.S.C. 106(g), 40113, 44701. the FAA Administrator. ‘‘Subtitle VII: the States, on the relationship between Aviation Programs,’’ describes in more the national government and the States, § 39.13 [Amended] detail the scope of the Agency’s or on the distribution of power and ■ 2. The FAA amends § 39.13 by adding authority. responsibilities among the various the following new airworthiness We are issuing this rulemaking under levels of government. directive (AD): the authority described in ‘‘Subtitle VII, For the reasons discussed above, I 2017–24–04 Fokker Services B.V.: Part A, Subpart III, Section 44701: certify that this AD: Amendment 39–19108; Docket No. General requirements.’’ Under that FAA–2017–1095; Product Identifier 1. Is not a ‘‘significant regulatory section, Congress charges the FAA with 2012–NM–215–AD. action’’ under Executive Order 12866; promoting safe flight of civil aircraft in (a) Effective Date 2. Is not a ‘‘significant rule’’ under the air commerce by prescribing regulations This AD becomes effective December 12, for practices, methods, and procedures DOT Regulatory Policies and Procedures 2017. the Administrator finds necessary for (44 FR 11034, February 26, 1979); (b) Affected ADs safety in air commerce. This regulation 3. Will not affect intrastate aviation in is within the scope of that authority Alaska; and None. because it addresses an unsafe condition 4. Will not have a significant (c) Applicability that is likely to exist or develop on This AD applies to Fokker Services B.V. products identified in this rulemaking economic impact, positive or negative, on a substantial number of small entities Model F.27 airplanes, certificated in any action. category, serial numbers 10425 through under the criteria of the Regulatory 10692 inclusive. This AD is issued in accordance with Flexibility Act. authority delegated by the Executive (d) Subject Director, Aircraft Certification Service, List of Subjects in 14 CFR Part 39 Air Transport Association (ATA) of as authorized by FAA Order 8000.51C. America Code 11, Placards and markings. In accordance with that order, issuance Air transportation, Aircraft, Aviation of ADs is normally a function of the safety, Incorporation by reference, (e) Reason Compliance and Airworthiness Safety. This AD was prompted by reports Division, but during this transition indicating that certain exit signs have a Adoption of the Amendment hydrogen isotope that decays over time, period, the Executive Director has causing the signs to lose their brightness. We delegated the authority to issue ADs Accordingly, under the authority are issuing this AD to prevent insufficiently applicable to transport category delegated to me by the Administrator, illuminated exit signs, which could possibly airplanes to the Director of the System the FAA amends 14 CFR part 39 as prevent safe evacuation during an emergency Oversight Division. follows: and cause injury to occupants.

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(f) Compliance DEPARTMENT OF TRANSPORTATION Subtitle I, Section 106 describes the Comply with this AD within the authority of the FAA Administrator. compliance times specified, unless already Federal Aviation Administration Subtitle VII, Aviation Programs, done. describes in more detail the scope of the 14 CFR Part 71 agency’s authority. This rulemaking is (g) Required Actions [Docket No. FAA–2016–9549; Airspace promulgated under the authority Within 30 days after the effective date of Docket No. 17–ASO–5] described in Subtitle VII, part A, this AD, request instructions from the Subpart I, Section 40103. Under that Manager, International Section, Transport Amendment of Class E Airspace; section, the FAA is charged with Standards Branch, FAA, to address the Alexander City, AL prescribing regulations to assign the use unsafe condition specified in paragraph (e) of of airspace necessary to ensure the this AD; and accomplish the actions at the AGENCY: Federal Aviation safety of aircraft and the efficient use of times specified in, and in accordance with, Administration (FAA), DOT. airspace. This regulation is within the those instructions. Guidance can be found in ACTION: Final rule. scope of that authority as it amends Mandatory Continuing Airworthiness Class E airspace at Thomas C Russell Information (MCAI) European Aviation SUMMARY: This action amends Class E Field Airport, Alexander City, AL, to Safety Agency (EASA) AD 2012–0238, dated airspace at Alexander City, AL, due to support IFR operations at the airport. November 9, 2012. the decommissioning of the Alexander City non-directional History (h) Alternative Methods of Compliance (NDB), which requires airspace (AMOCs) On June 7, 2017, the FAA published reconfiguration at Thomas C Russell in the Federal Register a notice of The Manager, International Section, Field Airport. Controlled airspace is proposed rulemaking (NPRM) (82 FR Transport Standards Branch, FAA, has the necessary for the safety and 26406) Docket No. FAA–2016–9549 to authority to approve AMOCs for this AD, if management of instrument flight rules amend Class E airspace extending requested using the procedures found in 14 (IFR) operations at the airport. This upward from 700 feet above the surface CFR 39.19. In accordance with 14 CFR 39.19, action also updates the geographic at Thomas C Russell Field Airport, send your request to your principal inspector coordinates of the airport. Alexander City, AL, due to the or local Flight Standards District Office, as DATES: Effective 0901 UTC, February 1, decommissioning of the Alexander City appropriate. If sending information directly 2018. The Director of the Federal NDB and cancellation of the NDB to the International Section, send it to the Register approves this incorporation by approach. Interested parties were attention of the person identified in reference action under title 1, Code of invited to participate in this rulemaking paragraph (i)(2) of this AD. Information may Federal Regulations, part 51, subject to effort by submitting written comments be emailed to: 9-ANM-116-AMOC- on the proposal to the FAA. No [email protected]. Before using any the annual revision of FAA Order comments were received. approved AMOC, notify your appropriate 7400.11 and publication of conforming Class E airspace designations are principal inspector, or lacking a principal amendments. published in paragraph 6005, of FAA inspector, the manager of the local flight ADDRESSES: FAA Order 7400.11B, Order 7400.11B dated August 3, 2017, standards district office/certificate holding Airspace Designations and Reporting and effective September 15, 2017, which district office. Points, and subsequent amendments can be viewed online at http://www.faa.gov/ is incorporated by reference in 14 CFR (i) Related Information air_traffic/publications/. For further 71.1. The Class E airspace designations (1) Refer to MCAI EASA AD 2012–0238, information, you can contact the listed in this document will be dated November 9, 2012, for related Airspace Policy Group, Federal Aviation published subsequently in the Order. information. You may examine the MCAI on Administration, 800 Independence Availability and Summary of the Internet at http://www.regulations.gov by Avenue SW., Washington, DC, 20591; Documents for Incorporation by searching for and locating Docket No. FAA– telephone: (202) 267–8783. The Order is Reference 2017–1095. also available for inspection at the This document amends FAA Order (2) For more information about this AD, National Archives and Records 7400.11B, Airspace Designations and contact Tom Rodriguez, Aerospace Engineer, Administration (NARA). For Reporting Points, dated August 3, 2017, International Section, Transport Standards information on the availability of FAA and effective September 15, 2017. FAA Branch, FAA, 1601 Lind Avenue SW., Order 7400.11B at NARA, call (202) Order 7400.11B is publicly available as Renton, WA 98057–3356; telephone 425– 741–6030, or go to https:// listed in the ADDRESSES section of this 227–1137; fax 425–227–1149. www.archives.gov/federal-register/cfr/ document. FAA Order 7400.11B lists ibr-locations.html. FAA Order 7400.11, (j) Material Incorporated by Reference Class A, B, C, D, and E airspace areas, Airspace Designations and Reporting None. air traffic service routes, and reporting Points, is published yearly and effective points. Issued in Renton, Washington, on on September 15. November 14, 2017. FOR FURTHER INFORMATION CONTACT: John The Rule Chris Spangenberg, Fornito, Operations Support Group, This amendment to Title 14, Code of Acting Director, System Oversight Division, Eastern Service Center, Federal Aviation Federal Regulations (14 CFR) part 71 Aircraft Certification Service. Administration, P.O. Box 20636, amends Class E airspace extending [FR Doc. 2017–25382 Filed 11–24–17; 8:45 am] Atlanta, Georgia 30320; telephone (404) upward from 700 feet above the surface BILLING CODE 4910–13–P 305–6364. within a 7.7 mile radius of Thomas C SUPPLEMENTARY INFORMATION: Russell Field Airport, Alexander City, AL, due to the decommissioning of the Authority for This Rulemaking Alexander City NDB and cancellation of The FAA’s authority to issue rules the NDB approach. The changes ensure regarding aviation safety is found in the safety and management of IFR Title 49 of the United States Code. operations at the airport. The geographic

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coordinates of the airport are amended Paragraph 6005 Class E Airspace Areas Subtitle I, Section 106 describes the to coincide with the FAAs aeronautical Extending Upward From 700 Feet or More authority of the FAA Administrator. database. Above the Surface of the Earth. Subtitle VII, Aviation Programs, * * * * * describes in more detail the scope of the Regulatory Notices and Analyses ASO AL E5 Alexander City, AL [Amended] agency’s authority. This rulemaking is The FAA has determined that this promulgated under the authority Thomas C. Russell Field Airport, AL described in Subtitle VII, Part A, regulation only involves an established (Lat. 32°54′53″ N., long. 85°57′47″ W.) body of technical regulations for which Subpart I, Section 40103. Under that That airspace extending upward from 700 section, the FAA is charged with frequent and routine amendments are feet above the surface within a 7.7-mile necessary to keep them operationally radius of Thomas C. Russell Field Airport. prescribing regulations to assign the use current. It, therefore: (1) Is not a of airspace necessary to ensure the ‘‘significant regulatory action’’ under Issued in College Park, Georgia, on safety of aircraft and the efficient use of Executive Order 12866; (2) is not a November 16, 2017. airspace. This regulation is within the ‘‘significant rule’’ under DOT Ryan W. Almasy, scope of that authority as it amends Regulatory Policies and Procedures (44 Manager, Operations Support Group, Eastern Class E airspace at Industrial Airport, FR 11034; February 26, 1979); and (3) Service Center, Air Traffic Organization. Hawthorne, NV, to support IFR does not warrant preparation of a [FR Doc. 2017–25308 Filed 11–24–17; 8:45 am] operations at the airport. regulatory evaluation as the anticipated BILLING CODE 4910–13–P History impact is so minimal. Since this is a routine matter that only affects air traffic The FAA recently published a rule in procedures and air navigation, it is DEPARTMENT OF TRANSPORTATION the Federal Register (82 FR 37514, certified that this rule, when August 11, 2017) Docket No. FAA– promulgated, does not have a significant Federal Aviation Administration 2017–0297, establishing Class E airspace economic impact on a substantial extending upward from 700 feet above number of small entities under the 14 CFR Part 71 the surface at Hawthorne Industrial Airport, Hawthorne, NV, that contained criteria of the Regulatory Flexibility Act. [Docket No. FAA–2017–0983 Airspace Docket No. 17–AWP–24] a clerical error in the airspace legal Environmental Review description. The word ‘radius’ was The FAA has determined that this Amendment of Class E Airspace; omitted from the sentence that reads action qualifies for categorical exclusion Hawthorne, NV ‘‘. . . within 3.6 miles of the Hawthorne under the National Environmental Industrial Airport. . . .’’ AGENCY: Federal Aviation Policy Act in accordance with FAA Class E airspace designations are Administration (FAA), DOT. Order 1050.1F, ‘‘Environmental published in paragraphs 6005 of FAA Impacts: Policies and Procedures,’’ ACTION: Final rule, technical Order 7400.11B dated August 3, 2017, paragraph 5–6.5a. This airspace action amendment. and effective September 15, 2017, which is incorporated by reference in 14 CFR is not expected to cause any potentially SUMMARY: This final rule technical significant environmental impacts, and part 71.1. The Class E airspace amendment amends the legal designations listed in this document no extraordinary circumstances exist description of Class E Airspace that warrant preparation of an will be published subsequently in the extending upward from 700 feet above Order. environmental assessment. the surface at Hawthorne Industrial Lists of Subjects in 14 CFR Part 71 Airport, Hawthorne, NV, to correct a Availability and Summary of clerical error. The airspace legal Documents for Incorporation by Airspace, Incorporation by reference, description inadvertently omits the Reference Navigation (air). word ‘‘radius’’ and defined the airspace This document amends FAA Order Adoption of the Amendment boundary ‘‘within 3.6 miles of’’ instead 7400.11B, Airspace Designations and of ‘‘within a 3.6-mile radius of’’ the Reporting Points, dated August 3, 2017, In consideration of the foregoing, the airport. and effective September 15, 2017. FAA Federal Aviation Administration Order 7400.11B is publicly available as amends 14 CFR part 71 as follows: DATES: Effective 0901 UTC, November 27, 2017. The Director of the Federal listed in the ADDRESSES section of this document. FAA Order 7400.11B lists PART 71—DESIGNATION OF CLASS A, Register approves this incorporation by Class A, B, C, D, and E airspace areas, B, C, D, AND E AIRSPACE AREAS; AIR reference action under Title 1, Code of air traffic service routes, and reporting TRAFFIC SERVICE ROUTES; AND Federal Regulations, part 51, subject to points. REPORTING POINTS the annual revision of FAA Order 7400.11 and publication of conforming The Rule ■ 1. The authority citation for part 71 amendments. This action amends Title 14 Code of continues to read as follows: FOR FURTHER INFORMATION CONTACT: Tom Federal Regulations (14 CFR) part 71 by Authority: 49 U.S.C. 106(f), 106(g); 40103, Clark, Federal Aviation Administration, correcting a clerical error in the 40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR, Operations Support Group, Western regulatory text of Class E airspace 1959–1963 Comp., p. 389. Service Center, 1601 Lind Avenue SW., extending upward from 700 feet above Renton, WA 98057; telephone (425) § 71.1 [Amended] the surface at Hawthorne Industrial 203–4511. Airport, Hawthorne, NV. The text is ■ 2. The incorporation by reference in SUPPLEMENTARY INFORMATION: corrected to read ‘‘That airspace 14 CFR 71.1 of FAA Order 7400.11B, extending upward from 700 feet above Authority for This Rulemaking Airspace Designations and Reporting the surface within a 3.6-mile radius of Points, dated August 3, 2017, effective The FAA’s authority to issue rules Hawthorne Industrial Airport. . . .’’ September 15, 2017, is amended as regarding aviation safety is found in Section 553(b)(3)(B) of the follows: Title 49 of the United States Code. Administrative Procedures Act (5

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U.S.C.) authorizes agencies to dispense that warrant preparation of an SUMMARY: This action amends Class D with notice and comment procedure environmental assessment. airspace, Class E surface area airspace, when the agency for ‘‘good cause’’ finds and Class E airspace upward from 700 Lists of Subjects in 14 CFR Part 71 that these procedures are feet above the surface at Pueblo ‘‘impracticable, or contrary to the public Airspace, Incorporation by reference, Memorial Airport, Pueblo, CO. Also, the interest.’’ As published, the omission of Navigation (air). part-time Notice to Airmen (NOTAM) the word ‘‘radius’’ in this regulation Adoption of the Amendment information is removed from Class E may prove to be misleading. airspace designated as an extension, and Accordingly, action is taken herein to In consideration of the foregoing, the the geographic coordinates for Pueblo add the word ‘‘radius’’ to the airspace Federal Aviation Administration Memorial Airport in the associated description for Hawthorne Industrial amends 14 CFR part 71 as follows: Class D and E airspace areas are Airport, therefore, in the interest of amended to match the FAA’s flight safety, I find that notice and PART 71—DESIGNATION OF CLASS A, aeronautical database. A biennial review public procedure under 5 U.S.C. 553(b) B, C, D, AND E AIRSPACE AREAS; AIR found these changes are necessary to are impracticable and contrary to the TRAFFIC SERVICE ROUTES; AND accommodate airspace redesign for the public interest. REPORTING POINTS safety and management of Instrument Section 553(d) of the Administrative ■ 1. The authority citation for part 71 Flight Rules (IFR) operations within the Procedures Act (5 U.S.C.) authorizes continues to read as follows: National Airspace System. An editorial agencies to determine an effective date change also is made to the Class D of less than 30 days after publication for Authority: 49 U.S.C. 106(f), 106(g); 40103, airspace and Class E surface area 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, airspace legal descriptions replacing good cause found and published with 1959–1963 Comp., p. 389. the rule. In consideration of the need to ‘‘Airport/Facility Directory’’ with the correct the airspace description for § 71.1 [Amended] term ‘‘Chart Supplement.’’ Hawthorne Industrial Airport and to ■ 2. The incorporation by reference in DATES: Effective 0901 UTC, February 1, avoid confusion on the part of pilots 14 CFR 71.1 of FAA Order 7400.11B, 2018. The Director of the Federal flying in the vicinity of airport, the FAA Airspace Designations and Reporting Register approves this incorporation by finds good cause for making this Points, dated August 3, 2017, effective reference action under Title 1, Code of amendment effective in less than 30 September 15, 2017, is amended as Federal Regulations, part 51, subject to days in order to promote the safe and follows: the annual revision of FAA Order efficient handling of air traffic in the 7400.11 and publication of conforming area. Paragraph 6005 Class E Surface Area amendments. Airspace. Regulatory Notices and Analyses ADDRESSES: FAA Order 7400.11B, * * * * * Airspace Designations and Reporting The FAA has determined that this AWP NV E5 Hawthorne, NV [Amended] Points, and subsequent amendments can regulation only involves an established be viewed online at http://www.faa.gov/ Hawthorne Industrial Airport, NV _ body of technical regulations for which (Lat. 38°32′42″ N., long. 118°37′57″ W.) air traffic/publications/. For further frequent and routine amendments are That airspace extending upward from 700 information, you can contact the necessary to keep them operationally feet above the surface within a 3.6-mile Airspace Policy Group, Federal Aviation current, is non-controversial and radius of Hawthorne Industrial Airport and Administration, 800 Independence unlikely to result in adverse or negative within 2 miles each side of a line extending Avenue SW., Washington, DC 20591; comments. It, therefore: (1) Is not a from lat. 38°32′25″ N., long. 118°37′26″ W.; telephone: (202) 267–8783. The Order is ‘‘significant regulatory action’’ under to lat. 38°28′43″ N., long. 118°27′48″ W.; to also available for inspection at the Executive Order 12866; (2) is not a lat. 38°28′49″ N., long. 118°24′19″ W.; to lat. National Archives and Records ° ′ ″ ° ′ ″ ‘‘significant rule’’ under DOT 38 32 06 N., long. 118 18 07 W. Administration (NARA). For Regulatory Policies and Procedures (44 Issued in Seattle, Washington, on information on the availability of this FR 11034; February 26, 1979); and (3) November 15, 2017. material at NARA, call (202) 741–6030, does not warrant preparation of a Brian J. Johnson, or go to https://www.archives.gov/ regulatory evaluation as the anticipated Acting Manager, Operations Support Group, federal-register/cfr/ibr-locations.html. impact is so minimal. Since this is a Western Service Center. FAA Order 7400.11, Airspace routine matter that only affects air traffic [FR Doc. 2017–25420 Filed 11–24–17; 8:45 am] Designations and Reporting Points, is procedures and air navigation, it is BILLING CODE 4910–13–P published yearly and effective on certified that this rule, when September 15. promulgated, does not have a significant FOR FURTHER INFORMATION CONTACT: Tom economic impact on a substantial DEPARTMENT OF TRANSPORTATION Clark, Federal Aviation Administration, number of small entities under the Operations Support Group, Western criteria of the Regulatory Flexibility Act. Federal Aviation Administration Service Center, 1601 Lind Avenue SW., Environmental Review Renton, WA 98057; telephone (425) 14 CFR Part 71 203–4511. The FAA has determined that this SUPPLEMENTARY INFORMATION: action qualifies for categorical exclusion [Docket No. FAA–2017–0666; Airspace under the National Environmental Docket No. 17–ANM–15] Authority for This Rulemaking Policy Act in accordance with FAA The FAA’s authority to issue rules Order 1050.1F, ‘‘Environmental Amendment of Class D and Class E regarding aviation safety is found in Impacts: Policies and Procedures,’’ Airspace; Pueblo, CO Title 49 of the United States Code. paragraph 5–6.5a. This airspace action AGENCY: Federal Aviation Subtitle I, Section 106 describes the is not expected to cause any potentially Administration (FAA), DOT. authority of the FAA Administrator. significant environmental impacts, and Subtitle VII, Aviation Programs, ACTION: Final rule. no extraordinary circumstances exist describes in more detail the scope of the

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agency’s authority. This rulemaking is The Class E airspace designated as an promulgated, will not have a significant promulgated under the authority extension to a Class D or Class E surface economic impact on a substantial described in Subtitle VII, Part A, area east of the airport is modified to a number of small entities under the Subpart I, Section 40103. Under that 7.2 mile wide segment (from 7 miles) criteria of the Regulatory Flexibility Act. section, the FAA is charged with extending to 11.3 miles (from 11.4 Environmental Review prescribing regulations to assign the use miles) east of the airport; the segment of airspace necessary to ensure the west of the airport is removed as it is not The FAA has determined that this safety of aircraft and the efficient use of necessary to support current operations; action qualifies for categorical exclusion airspace. This regulation is within the and a segment is established north of under the National Environmental scope of that authority as it modifies the airport within 1.6 miles west and 1.3 Policy Act in accordance with FAA Class D and E airspace at Pueblo miles east of the 358° bearing from the Order 1050.1F, ‘‘Environmental Memorial Airport, Pueblo, CO, in airport extending from the 5.1 mile Impacts: Policies and Procedures,’’ support of instrument flight rules radius to 6.7 miles north of the airport. paragraph 5–6.5a. This airspace action operations at the airport. Also, this action eliminates the is not expected to cause any potentially following language from the legal significant environmental impacts, and History description of Class E airspace no extraordinary circumstances exist On August 3, 2017, the FAA designated as an extension to a Class D that warrant preparation of an published in the Federal Register (82 or Class E surface area at the airport: environmental assessment. FR 36103) Docket FAA–2017–0666, a ‘‘This Class E airspace is effective Lists of Subjects in 14 CFR Part 71 notice of proposed rulemaking to during the specific dates and times modify Class D airspace, Class E surface established in advance by a Notice to Airspace, Incorporation by reference, area airspace, Class E airspace Airmen. The effective date and time will Navigation (air). designated as an extension, and Class E thereafter be continuously published in Adoption of the Amendment airspace extending upward from 700 the Airport/Facility Directory,’’ since feet above the surface at Pueblo the airspace remains in effect full time. In consideration of the foregoing, the Memorial Airport, Pueblo, CO. Class E airspace extending upward Federal Aviation Administration Interested parties were invited to from 700 feet is reduced to within a 7.6- amends 14 CFR part 71 as follows: participate in this rulemaking effort by mile radius of the Pueblo Memorial Airport with extensions to 12 miles PART 71—DESIGNATION OF CLASS A, submitting written comments on the B, C, D, AND E AIRSPACE AREAS; AIR proposal to the FAA. No comments north and 12.3 miles east of the airport (from a 21.8-mile radius with an TRAFFIC SERVICE ROUTES; AND were received. REPORTING POINTS Class D and E airspace designations extension to 28.2 miles east). Also, this are published in paragraph 5000, 6002, action removes Class E airspace ■ 1. The authority citation for part 71 6004, and 6005, respectively, of FAA extending upward from 1,200 feet above continues to read as follows: Order 7400.11B, dated August 3, 2017, the surface since the airspace is wholly and effective September 15, 2017, which contained within the Denver Class E en Authority: 49 U.S.C. 106(f), 106(g); 40103, route airspace area and duplication is 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, is incorporated by reference in 14 CFR 1959–1963 Comp., p. 389. 71.1. The Class D and E airspace not necessary. designations listed in this document Additionally, this action updates the § 71.1 [Amended] geographic coordinates for Pueblo will be published subsequently in the ■ 2. The incorporation by reference in Memorial Airport and replaces the Order. 14 CFR 71.1 of FAA Order 7400.11B, outdated term ‘‘Airport/Facility Airspace Designations and Reporting Availability and Summary of Directory’’ with the term ‘‘Chart Points, dated August 3, 2017, and Documents for Incorporation by Supplement’’ in the associated Class D effective September 15, 2017, is Reference and Class E airspace legal descriptions. amended as follows: This document amends FAA Order This airspace redesign is necessary for 7400.11B, Airspace Designations and the safety and management of IFR Paragraph 5000 Class D Airspace. Reporting Points, dated August 3, 2017, operations at the airport. * * * * * and effective September 15, 2017. FAA Regulatory Notices and Analyses ANM CO D Pueblo, CO [Amended] Order 7400.11B is publicly available as Pueblo Memorial Airport, CO listed in the ADDRESSES section of this The FAA has determined that this (Lat. 38°17′24″ N., long. 104°29′53″ W.) document. FAA Order 7400.11B lists regulation only involves an established Class A, B, C, D, and E airspace areas, body of technical regulations for which That airspace extending upward from the frequent and routine amendments are surface to and including 7,200 feet MSL air traffic service routes, and reporting within a 5.1-mile radius of Pueblo Memorial points. necessary to keep them operationally current, is non-controversial and Airport. This Class D airspace area is The Rule effective during the specific dates and times unlikely to result in adverse or negative established in advance by a Notice to The FAA is amending Title 14 Code comments. It, therefore: (1) Is not a Airmen. The effective date and time will of Federal Regulations (14 CFR) part 71 ‘‘significant regulatory action’’ under thereafter be continuously published in the by modifying Class D airspace, Class E Executive Order 12866; (2) is not a Chart Supplement. surface area airspace, Class E airspace ‘‘significant rule’’ under DOT Paragraph 6002 Class E Airspace designated as an extension, and Class E Regulatory Policies and Procedures (44 Designated as Surface Areas. FR 11034; February 26, 1979); and (3) airspace extending upward from 700 * * * * * feet above the surface at Pueblo does not warrant preparation of a Memorial Airport, Pueblo, CO. Regulatory Evaluation as the anticipated ANM CO E2 Pueblo, CO [Amended] Class D airspace and Class E surface impact is so minimal. Since this is a Pueblo Memorial Airport, CO area airspace are reduced to within a routine matter that only affects air traffic (Lat. 38°17′24″ N., long. 104°29′53″ W.) 5.1-mile radius (from 5.6 miles) of procedures and air navigation, it is That airspace extending upward from the Pueblo Memorial Airport. certified that this rule, when surface within a 5.1-mile radius of Pueblo

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Memorial Airport. This Class E airspace area States during the Charleston Harbor DEPARTMENT OF HOMELAND is effective during the specific dates and Christmas Parade of Boats. During the SECURITY times established in advance by a Notice to enforcement period, and in accordance Airmen. The effective date and time will with previously issued special local Coast Guard thereafter be continuously published in the Chart Supplement. regulations, no person or vessel may enter, transit through, anchor in, or 33 CFR Part 117 Paragraph 6004 Class E Airspace remain within the designated area [Docket No. USCG–2017–0595] Designated as an Extension to a Class D or unless authorized by the Captain of the Class E Surface Area. Port Charleston or a designated Drawbridge Operation Regulation; * * * * * representative. Jamaica Bay, Queens, NY ANM CO E4 Pueblo, CO [Amended] DATES: The regulation in 33 CFR AGENCY: Coast Guard, DHS. Pueblo Memorial Airport, CO 100.701, Table to § 100.701, Item (g)(6) ACTION: Notice of deviation from (Lat. 38°17′24″ N., long. 104°29′53″ W.) will be enforced on December 9, 2017 drawbridge regulation; cancellation. That airspace extending upward from 700 from 4 p.m. until 8 p.m. feet above the surface within 3.6 miles each SUMMARY: The Coast Guard is canceling side of the 081° bearing from Pueblo FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of the temporary deviation concerning the Memorial Airport extending from the 5.1- Marine Parkway (Gil Hodges) Bridge mile radius of the airport to 11.3 miles east enforcement, call or email LT Justin across the Rockaway Inlet, mile 3.0, at of the airport, and within 1.6 miles west and Heck, Sector Charleston Office of 1.3 miles east of the 358° bearing from the Waterways Management, Coast Guard; Queens, NY. The deviation cancellation airport extending from the 5.1-mile radius of telephone (843) 740–3184, email is necessary to accommodate the airport to 6.7 miles north of the airport. [email protected]. Metropolitan Transportation Authority’s (MTA) (the bridge owner) unexpected Paragraph 6005 Class E Airspace Areas SUPPLEMENTARY INFORMATION: The Coast emergency repairs requiring a complete Extending Upward From 700 Feet or More Guard will enforce the special local Above the Surface of the Earth. closure of the Bridge and an extension regulation for the Charleston Harbor of time for their completion. This * * * * * Christmas Parade of Boats in the Table cancellation is necessary so a temporary ANM CO E5 Pueblo, CO [Amended] to 33 CFR 100.701, item (g)(6), from 4 interim rule may be approved due to the Pueblo Memorial Airport, CO p.m. through 8 p.m. on December 9, requested extension exceeding the 180 (Lat. 38°17′24″ N., long. 104°29′53″ W.) 2017. day limit for deviations. Existing federal That airspace upward from 700 feet above Under the provisions of 33 CFR regulations do not allow back-to-back the surface within a 7.6-mile radius of Pueblo 100.701, no vessels or people may enter deviations. Memorial Airport, and within 2.2 miles west into, transit through, anchor in, or DATES: The temporary deviation and 1.8 miles east of the 358° bearing from remain within the regulated area, unless published on July 6, 2017 (82 FR the airport extending to 12 miles north of the authorized to do so by the Captain of the airport, and within 3.8 miles each side of the 31255), is cancelled as of 12:01 a.m. on ° Port Charleston or a designated November 27, 2017. 081 bearing from the airport extending to representative. Only event sponsors, 12.3 miles east of the airport. ADDRESSES: The docket for this designated participants, and official deviation, USCG–2017–0595 is available Issued in Seattle, Washington, on patrol vessels are allowed to enter the at http://www.regulations.gov. Type the November 14, 2017. regulated area. This rule creates a docket number in the ‘‘SEARCH’’ box Brian J. Johnson, regulated area that will encompass a and click ‘‘SEARCH.’’ Click on Open Acting Manager, Operations Support Group, portion of the waterways during the Docket Folder on the line associated Western Service Center. parade transit from Charleston Harbor with this deviation. [FR Doc. 2017–25310 Filed 11–24–17; 8:45 am] Anchorage A through Bennis Reach, FOR FURTHER INFORMATION CONTACT BILLING CODE 4910–13–P Horse Reach, Hog Island Reach, Town : If Creek Lower Reach, Ashley River, and you have questions on this temporary finishing at City Marina. Spectator deviation, call or email Judy K. Leung- DEPARTMENT OF HOMELAND vessels may safely transit outside the Yee, Bridge Management Specialist, SECURITY regulated area, but may not anchor in, U.S. Coast Guard; telephone 212–514– block, loiter in, or impede the transit of 4336, email [email protected]. Coast Guard parade participants or official patrol SUPPLEMENTARY INFORMATION: On July 6, vessels. The Coast Guard may be 2017, we published a temporary 33 CFR Part 100 assisted by other Federal, State, or local deviation entitled, ‘‘Drawbridge Operation Regulation; Marine Parkway [Docket No. USCG–2017–0944] law enforcement agencies in enforcing this regulation. Bridge, Jamaica Bay, Queens, NY’’ in the Special Local Regulations; Charleston This notice of enforcement is issued Federal Register (82 FR 31255). The Harbor Christmas Parade of Boats, under authority of 33 CFR 100.701 and temporary deviation concerned the Charleston, SC 5 U.S.C. 552 (a). The Coast Guard will bridge owner’s rehabilitation work provide notice of the regulated areas by associated with the replacement of lift AGENCY: Coast Guard, DHS. Local Notice to Mariners, Broadcast span machinery. This deviation from ACTION: Notice of enforcement of Notice to Mariners, and on-scene the operating regulations was regulation. designated representatives. authorized under 33 CFR 117.35. During the recent replacement/ SUMMARY: The Coast Guard will enforce Dated: November 20, 2017. rehabilitation of lift span systems, water the special local regulation pertaining to J.W. Reed, was discovered inside the power and the Charleston Harbor Christmas Parade Captain, U.S. Coast Guard, Captain of the communication cables from the main of Boats on December 9, 2017. This Port, Charleston. electrical rooms on the lower level of action is necessary to ensure safety of [FR Doc. 2017–25533 Filed 11–24–17; 8:45 am] the towers to the machinery rooms at life on navigable waters of the United BILLING CODE 9110–04–P the tops of the towers. In addition,

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structural steel for riser conduit support and noncommercial noninteractive PART 380—RATES AND TERMS FOR was discovered to be in need of webcasters. See 81 FR 26316. TRANSMISSIONS BY ELIGIBLE immediate repairs and/or replacement. Pursuant to those regulations, at least NONSUBSCRIPTION SERVICES AND Therefore, more time is needed to 25 days before January 1 of each year NEW SUBSCRIPTION SERVICES AND complete the job, conduct tests, and from 2017 to 2020, the Judges shall FOR THE MAKING OF EPHEMERAL inspections. The subject temporary publish in the Federal Register notice of REPRODUCTIONS TO FACILITATE deviation will be replaced with a a COLA applicable to the royalty fees for THOSE TRANSMISSIONS temporary interim rule because an performances of sound recordings via ■ 1. The authority citation for part 380 extension of time could not be eligible transmissions by commercial continues to read as follows: approved, as it exceeds the 180 day and noncommercial noninteractive limit. webcasters. 37 CFR 380.10(a)(1)–(2). Authority: 17 U.S.C. 112(e), 114(f), 804(b)(3). Dated: November 21, 2017. The adjustment in the royalty fee Christopher J. Bisignano, shall be based on a calculation of the ■ 2. Section 380.10 is amended by Supervisory Bridge Management Specialist, percentage increase in the CPI–U from revising paragraph (a) to read as follows: First Coast Guard District. the CPI–U published in November 2015 § 380.10 Royalty fees for the public [FR Doc. 2017–25532 Filed 11–24–17; 8:45 am] (237.838), according to the formula (1 + performance of sound recordings and the BILLING CODE 9110–04–P (Cy¥ 237.838)/237.838) × R2016, where making of ephemeral recordings. Cy is the CPI–U published by the (a) Royalty fees. For the year 2018, Secretary of Labor before December 1 of Licensees must pay royalty fees for all LIBRARY OF CONGRESS the preceding year and R2016 is the Eligible Transmissions of sound royalty rate for 2016 (i.e., $0.0022 per recordings at the following rates: Copyright Royalty Board subscription performance or $0.0017 per (1) Commercial Webcasters: $0.0023 nonsubscription performance). The per performance for subscription 37 CFR Part 380 adjustment shall be rounded to the services and $0.0018 per performance [Docket No. 14–CRB–0001–WR (2016–2020) nearest fourth decimal place. 37 CFR for nonsubscription services. (COLA 2018)] 380.10(c) (as revised herein). The CPI– (2) Noncommercial webcasters. $500 U published by the Secretary of Labor per year for each channel or station and Cost of Living Adjustment to Royalty from the most recent index published $0.0018 per performance for all digital Rates for Webcaster Statutory License before December 1, 2017, is 246.663.1 audio transmissions in excess of Applying the formula in 37 CFR 159,140 ATH in a month on a channel AGENCY: Copyright Royalty Board (CRB), 380.10(c) and rounding to the nearest or station. Library of Congress. fourth decimal place results in an * * * * * ACTION: Final rule. increase in the rates for 2018. Dated: November 20, 2017. SUMMARY: The Copyright Royalty Judges The 2018 rate for eligible transmission Suzanne M. Barnett, announce a cost of living adjustment of sound recordings by commercial Chief Copyright Royalty Judge. webcasters is a rate of $0.0023 per (COLA) in the royalty rates that [FR Doc. 2017–25480 Filed 11–24–17; 8:45 am] commercial and noncommercial subscription performance and a rate of BILLING CODE 1410–72–P noninteractive webcasters pay for $0.0018 per nonsubscription eligible transmissions pursuant to the performance. statutory licenses for the public Application of the increase to rates for LIBRARY OF CONGRESS performance of and for the making of noncommercial webcasters results in a ephemeral reproductions of sound 2018 rate of $0.0018 per performance for Copyright Royalty Board recordings. all digital audio transmissions in excess DATES: Effective Date: January 1, 2018. of 159,140 ATH in a month on a 37 CFR Part 386 Applicability Dates: These rates are channel or station. [Docket No. 17–CRB–0018–SA–COLA applicable to the period January 1, 2018, As provided in 37 CFR 380.1(d), the (2018)] through December 31, 2018. royalty fee for making ephemeral Cost of Living Adjustment to Satellite FOR FURTHER INFORMATION CONTACT: recordings under section 112 of the Carrier Compulsory License Royalty Kimberly Whittle, Attorney Advisor, by Copyright Act to facilitate digital Rates telephone at (202) 707–7658 or by email transmission of sound recordings under at [email protected]. section 114 of the Copyright Act is AGENCY: Copyright Royalty Board (CRB), SUPPLEMENTARY INFORMATION: Sections included in the section 114 royalty fee Library of Congress. 112(e) and 114(f) of the Copyright Act, and comprises 5% of the total fee. ACTION: Final rule. title 17 of the United States Code, create List of Subjects in 37 CFR Part 380 statutory licenses for certain digital SUMMARY: The Copyright Royalty Judges performances of sound recordings and Copyright, Sound recordings. announce a cost of living adjustment the making of ephemeral reproductions (COLA) of 2.0% in the royalty rates to facilitate transmission of those sound Final Regulations satellite carriers pay for a compulsory recordings. On May 2, 2016, the license under the Copyright Act. The In consideration of the foregoing, the Copyright Royalty Judges (Judges) COLA is based on the change in the Judges amend part 380 of title 37 of the adopted final regulations governing the Consumer Price Index from October Code of Federal Regulations as follows: rates and terms of copyright royalty 2016 to October 2017. payments under those licenses for the DATES: Effective Date: January 1, 2018. 1 As announced on November 15, 2017, by the license period 2016–2020 for Bureau of Labor Statistics in its News Release— Applicability Dates: These rates are performances of sound recordings via Consumer Price Index October 2017, available at applicable to the period January 1, 2018, eligible transmissions by commercial http://www.bls.gov/news.release/pdf/cpi.pdf at 4. through December 31, 2018.

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FOR FURTHER INFORMATION CONTACT: List of Subjects in 37 CFR Part 386 DMM revisions are scheduled to become Kimberly Whittle, Attorney Advisor, by Copyright, Satellite, Television. effective on January 21, 2018. Final telephone at (202) 707–7658 or by email prices are available under Docket No. at [email protected]. Final Regulations R2018–1 (Order No. 4215) on the Postal Regulatory Commission’s Web site at SUPPLEMENTARY INFORMATION: In consideration of the foregoing, the The www.prc.gov. The Postal Service’s final satellite carrier compulsory license Judges amend part 386 of title 37 of the Code of Federal Regulations as follows: rule includes: a change to the pallet establishes a statutory copyright preparation for Carrier Route (CR) licensing scheme for the distant PART 386—ADJUSTMENT OF Pallets in Non-FSS Zones, a change to retransmission of television ROYALTY FEES FOR SECONDARY add Bound Printed Matter Flats up to 24 programming by satellite carriers. 17 TRANSMISSIONS BY SATELLITE ounces to comail with USPS Marketing U.S.C. 119. Congress created the license CARRIERS Mail and Periodicals (DSCF or DDU in 1988 and has reauthorized the license only), and a Zone chart revision for for additional five-year periods, most ■ 1. The authority citation for part 386 Priority Mail to APO/FPO/DPO recently with the passage of the STELA continues to read as follows: processing at Chicago ISC. Reauthorization Act of 2014, Public Law Authority: 17 U.S.C. 119(c), 801(b)(1). 113–200. Comments on Proposed Changes and ■ 2. Section 386.2 is amended by adding USPS Response On August 31, 2010, the Copyright paragraphs (b)(1)(ix) and (b)(2)(ix) as The Postal Service received 1 formal Royalty Judges (Judges) adopted rates follows: for the section 119 compulsory license comment on the October 13, 2017 for the 2010–2014 term. See 75 FR § 386.2 Royalty fee for secondary proposed rule. transmission by satellite carriers. 53198. The rates were proposed by Zone Charts Revision: Priority Mail to Copyright Owners and Satellite * * * * * APO/FPO/DPO Processing at Chicago Carriers 1 and were unopposed. Id. (b) * * * ISC Section 119(c)(2) of the Copyright Act (1) * * * provides that, effective January 1 of each (ix) 2018: 28 cents per subscriber per One comment requested that the year, the Judges shall adjust the royalty month. Postal Service reconsider changing fee payable under Section 119(b)(1)(B) (2) * * * APO/FPO/DPO mail processing at ‘‘to reflect any changes occurring in the (ix) 2018: 58 cents per subscriber per Chicago ISC, based on needing more cost of living as determined by the most month. study on negative, financial consequences on US Service members, recent Consumer Price Index (for all Dated: November 20, 2017. consumers and for all items) [CPI–U] their families and businesses that serve Suzanne M. Barnett, them. published by the Secretary of Labor Chief Copyright Royalty Judge. before December 1 of the preceding [FR Doc. 2017–25481 Filed 11–24–17; 8:45 am] USPS Response year.’’ Section 119 also requires that BILLING CODE 1410–72–P The Postal Service is revising Zone ‘‘[n]otification of the adjusted fees shall charts for Priority Mail to APO/FPO/ be published in the Federal Register at DPO, which is processed at the Chicago least 25 days before January 1.’’ 17 POSTAL SERVICE ISC, based on operational needs. This U.S.C. 119(c)(2). revision reflects current operations and The change in the cost of living as 39 CFR Part 111 is consistent with Title 39 and former determined by the CPI–U during the Postal Rate Commission precedent period from the most recent index New Mailing Standards for Domestic regarding the alignment of rates and published before December 1, 2016, to Mailing Services Products costs for mail classification. It is the most recent index published before AGENCY: Postal ServiceTM. necessary to align rates and costs for December 1, 2017, is +2.0%.2 Priority Mail addressed to APO/FPO/ ACTION: Final rule. Application of the 2.0% COLA to the DPO destinations, and eliminate current rate for the secondary SUMMARY: On October 6, 2017, the Postal inconsistencies between rates and costs transmission of broadcast stations by Service (USPS®) filed a notice of for such Priority Mail. satellite carriers for private home mailing services price adjustments with The Proposed Rule is not a sudden, viewing—27 cents per subscriber per the Postal Regulatory Commission (PRC) unforeseeable change in policy. The month—results in a rate of 28 cents per in Docket No. R2018–1. On October 13, transfer of processing operations to the subscriber per month (rounded to the 2017 the Postal Service published a Chicago ISC, and the resulting nearest cent). See 37 CFR 386.2(b)(1). proposed rule containing the revisions inconsistency between Zone Application of the 2.0% COLA to the to Mailing Standards of the United classification and transportation costs, current rate for viewing in commercial States Postal Service, Domestic Mail occurred in 2013. For over three years, establishments—57 cents per subscriber Manual (DMM®) that we planned to mailers had an opportunity to assess the per month—results in a rate of 58 cents adopt to implement rule changes potential impact of this change on per subscriber per month (rounded to coincident with the price adjustments. future operations, and some businesses the nearest cent). See 37 CFR responded to the change by relocating DATES: Effective: January 21, 2018. 386.2(b)(2). their operations in anticipation of a FOR FURTHER INFORMATION CONTACT: potential reclassification of zones Jacqueline Erwin at (202) 268–2158, or 1 Program Suppliers and Joint Sports Claimants necessary to align rates and costs. comprised the Copyright Owners while DIRECTV, Lizbeth Dobbins at (202) 268–3789. The resulting changes to DMM 608 Inc., , LLC, and National SUPPLEMENTARY INFORMATION: On are shown below. Programming Service, LLC, comprised the Satellite November 9, 2017, the PRC found that Carriers. List of Subjects in 39 CFR Part 111 2 On November 15, 2017, the Bureau of Labor the price adjustments proposed by the Statistics announced that the CPI–U increased 2.0% Postal Service may take effect as Administrative practice and over the last 12 months. planned. The price adjustments and procedure, Postal Service.

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The Postal Service adopts the 608 Postal Information and Resources May contain only carrier route bundles following changes to Mailing Standards * * * * * for carrier routes for 5-digit ZIP Codes of the United States Postal Service, identified in the L001 5-digit scheme Domestic Mail Manual (DMM), 9.0 Postal Zones listing. Labeling: incorporated by reference in the Code of * * * * * 1. Line 1: Use L001, Column B. Federal Regulations. See 39 CFR 111.1. 2. Line 2: ‘‘PER’’ or ‘‘NEWS’’ as Accordingly, 39 CFR part 111 is 9.2 Application applicable; followed by ‘‘FLTS’’; amended as follows: * * * * * followed by ‘‘CR–RTS SCHEME.’’ a. For the purposes of computing b. Merged 5-digit scheme, required PART 111—[AMENDED] postal zone information, except for and permitted only when there is at items 9.2b and 9.2c, the following table least one 5-digit ZIP Code in the scheme ■ 1. The authority citation for 39 CFR applies to MPOs not listed in L005. that has an ‘‘A’’ or ‘‘C’’ indicator in the part 111 continues to read as follows: [Revise the ZIP Code groups listed City State Product. May contain carrier Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– under the ‘‘3-DIGIT ZIP CODE PREFIX route bundles for any 5-digit ZIP 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, GROUP’’ column by adding asterisks Code(s) in a single scheme listed in 401, 403, 404, 414, 416, 3001–3011, 3201– and add a new footnote to read as L001 as well as machinable barcoded 3219, 3403–3406, 3621, 3622, 3626, 3632, follows:] price 5-digit bundles and machinable 3633, and 5001. nonbarcoded price 5-digit bundles for 3-DIGIT ZIP CODE PREFIX GROUP ■ 2. Revise the Mailing Standards of the 090–098* those 5-digit ZIP Codes in the scheme United States Postal Service, Domestic 340 that have an ‘‘A’’ or ‘‘C’’ indicator in the Mail Manual (DMM) as follows: 962–966* City State Product. Labeling: * Priority Mail service destinating to 1. Line 1: Use L001, Column B. Mailing Standards of the United States 2. Line 2: ‘‘PER’’ or ‘‘NEWS’’ as Postal Service, Domestic Mail Manual these ZIP Codes is served by SCF Chicago IL 606. applicable; followed by ‘‘FLTS’’; (DMM) followed by ‘‘CR/5D SCHEME.’’ * * * * * [Revise the text of item b to read as [Reverse the order of items c and d; follows:] and revise the text of reordered item c 200 Commercial Mail Letters, Cards, b. The postage prices for zoned mail to read as follows:] Flats, and Parcels transported between the United States, c. 5-digit carrier routes, required; 201 Physical Standards the Canal Zone, Puerto Rico, or U.S. optional with no minimum. May territories or possessions, including the * * * * * contain only carrier route price bundles Freely Associated States on the one for the same 5-digit ZIP Code for those 5.0 Physical Standards for hand, and MPOs on the other, or, among 5-digit ZIP Codes that are not part of a Nonautomation Flats the MPOs, are the applicable zone scheme. Labeling: prices for mail between the place of * * * * * 1. Line 1: Use city, state, and 5-digit mailing or delivery and the city of the ZIP Code destination (see 8.6.4 for 5.3 Bound Printed Matter postmaster serving the MPO concerned. military mail). These additional standards apply to * * * * * 2. Line 2: ‘‘PER’’ or ‘‘NEWS’’ as Bound Printed Matter: 700 Special Standards applicable; followed by ‘‘FLTS’’; followed by ‘‘CARRIER ROUTES’’ or * * * * * * * * * * ‘‘CR–RTS.’’ [Revise the text of item b to read as follows:] 705 Advanced Preparation and * * * * * b. Bound Printed Matter may not Special Postage Payment Systems 10.2 USPS Marketing Mail weigh more than 20 ounces (except * * * * * under 705.15). * * * * * 10.0 Merging Bundles of Flats Using * * * * * 10.2.5 Pallet Preparation and Labeling the City State Product [Revise the first two sentences of the 6.0 Physical Standards for 10.1 Periodicals Automation Flats introductory text of 10.2.5 to read as * * * * * follows:] * * * * * Mailers must prepare pallets of 10.1.5 Pallet Preparation and Labeling 6.2 Additional Criteria for bundles in the manner and sequence Automation Flats [Revise the second sentence in the listed below and under 8.0. When introductory text of 10.1.5 to read as sortation under this option is * * * * * follows:] performed, after completing required or 6.2.2 Maximum Weight * * * When sortation under this optional carrier route pallets (if any), option is performed, after completing mailers must prepare all merged 5-digit Maximum weight limits are as required or optional carrier route pallets scheme and merged 5-digit pallets that follows: (if any), mailers must prepare all merged are possible in the mailing based on the * * * * * 5-digit scheme, and merged 5-digit volume of mail to the destination using [Revise the text of item d to read as pallets that are possible in the mailing L001 and/or the City State follows:] based on the volume of mail to the Product. * * * d. For Bound Printed Matter, 20 destination using L001 and/or the City [Reverse the order of items a and b; ounces (except under 705.15). State Product. * * * and revise the text in reordered items a * * * * * [Reverse the order of items a. and b.; and b to read as follows:] and revise the text of reordered items a. a. 5-digit scheme carrier routes, 600 Basic Standards for All Mailing and b. to read as follows:] required; optional with no minimum. Services a. 5-digit scheme carrier routes, May contain only carrier route bundles * * * * * required; optional with no minimum. for carrier routes for 5-digit ZIP Codes

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identified in the L001 5-digit scheme ‘‘IRREG’’ as applicable; followed by Codes not included in a scheme, begin listing. Labeling: ‘‘CR–RTS SCHEME.’’ preparing pallets under 12.2.3d (merged 1. Line 1: Use L001, Column B. b. Merged 5-digit scheme, required; 5-digit pallet). Labeling: 2. Line 2: ‘‘MKT FLTS CR–RTS * * * For 5-digit ZIP Codes not 1. Line 1: Use L001, Column B. SCHEME.’’ included in a scheme, begin preparing 2. Line 2: ‘‘MKT FLTS CR/5D b. Merged 5-digit scheme, required pallets under 12.1.5e (merged 5-digit SCHEME.’’ and permitted only when there is at pallet). Labeling: * * * * * least one 5-digit ZIP Code in the scheme 1. Line 1: use L001, Column B. [Reverse the order of items c and d; that has an ‘‘A’’ or ‘‘C’’ indicator in the 2. Line 2: ‘‘PER’’ or ‘‘NEWS’’ as and revise the text of reordered item c City State Product. May contain carrier applicable; followed by ‘‘FLTS’’ or to read as follows:] route bundles for any 5-digit ZIP ‘‘IRREG’’ as applicable; followed by c. 5-digit carrier routes, required, Code(s) in a single scheme listed in ‘‘CR/5D SCHEME.’’ optional with no minimum. May L001 as well as automation price 5-digit * * * * * contain only carrier route price bundles bundles and Presorted price 5-digit [Reverse the order of items d and e; for the same 5-digit ZIP Code for those bundles for those 5-digit ZIP Codes in and revise the text of reordered item d 5-digit ZIP codes that are not part of a the scheme that have an ‘‘A’’ or ‘‘C’’ to read as follows:] scheme. Labeling: indicator in the City State Product. d. 5-digit carrier routes, required; 1. Line 1: Use city, state, and 5-digit Labeling: optional with no minimum. May 1. Line 1: Use L001, Column B. ZIP Code destination (see 8.6.4 for contain only carrier route price bundles military mail). 2. Line 2: ‘‘MKT FLTS CR/5D for the same 5-digit ZIP Code for those SCHEME.’’ 2. Line 2: ‘‘MKT FLTS’’; followed by 5-digit ZIP Codes that are not part of a ‘‘CARRIER ROUTES’’ or ‘‘CR–RTS.’’ [Reverse the order of items c and d; scheme. Labeling: and revise the text of reordered item c 1. Line 1: Use city, state, and 5-digit * * * * * to read as follows:] ZIP Code destination (see 8.6.4 for 13.0 Merging Bundles of Flats on c. 5-digit carrier routes, required; military mail). Pallets Using the City State Product and optional with no minimum. May 2. Line 2: ‘‘PER’’ or ‘‘NEWS’’ as a 5% Threshold contain only carrier route price bundles applicable; followed by ‘‘FLTS’’ or 13.1 Periodicals for the same 5-digit ZIP Code for those ‘‘IRREG’’ as applicable; followed by 5-digit ZIP Codes that are not part of a ‘‘CARRIER ROUTES’’ or ‘‘CR–RTS.’’ 13.1.1 Basic Standards scheme. Labeling: * * * * * 1. Line 1: Use city, state, and 5-digit * * * * * [Add new heading 12.2, USPS ZIP Code destination (see 8.6.4 for [Revise the text of item e to read as Marketing Mail, renumber 12.1.6 military mail). follows:] through 12.1.8 as 12.2.1 through 12.2.3] 2. Line 2: ‘‘MKT FLTS,’’ followed by e. After completing all possible ‘‘CARRIER ROUTES’’ or ‘‘CR–RTS.’’ 12.2 USPS Marketing Mail required or optional carrier route pallets (if any), mailers must prepare all merged * * * * * * * * * * 5-digit scheme and 5-digit scheme 12.0 Merging Bundles of Flats on 12.2.3 Pallet Preparation and Labeling pallets according to standards in 13.1.5. Pallets Using a 5% Threshold [Revise the second sentence in the * * * * * 12.1 Periodicals introductory text of renumbered 12.2.3 13.1.5 Pallet Preparation and Labeling to read as follows:] * * * * * [Revise the second sentence in the * * * When sortation under this introductory text of 13.1.5 to read as 12.1.5 Pallet Preparation and Labeling option is performed after completing follows:] [Revise the second sentence in the required or optional carrier route pallets * * * When sortation under this introductory text of 12.1.5 to read as (if any), mailers must prepare all merged option is performed, after completing follows:] 5-digit scheme, and merged 5-digit required or optional carrier route pallets * * * When sortation under this pallets that are possible in the mailing (if any), mailers must prepare all merged option is performed, after completing based on the volume of mail to the 5-digit scheme, 5-digit scheme, and required or optional carrier route pallets destination using L001 and the 5% merged 5-digit pallets that are possible (if any), mailers must prepare all merged threshold. * * * in the mailing based on the volume of 5-digit scheme, 5-digit scheme, and [Reverse the order of items a and b; mail to the destination (8.0) using L001, merged 5-digit pallets that are possible and revise the text in reordered items a. the City State Product, and the 5% in the mailing based on the volume of and b. to read as follows:] threshold (13.1.4), as applicable. * * * mail to the destination using L001 and a. 5-digit scheme carrier routes, Prepare and label pallets as follows: the 5% threshold, as applicable. * * * required, optional with no minimum. Prepare and label pallets as follows: May contain only carrier route bundles * * * * * [Reverse the order of items a and b; for carrier routes for 5-digit ZIP Codes [Reverse the order of items a and b; and revise the text of reordered items a. identified in the L001 5-digit scheme and revise the text of reordered item a and b. to read as follows:] listing. Labeling: to read as follows:] a. 5-digit scheme carrier routes, 1. Line 1: Use L001, Column B. a. 5-digit scheme carrier routes, required; optional with no minimum. 2. Line 2: ‘‘MKT FLTS CR–RTS required, optional with no minimum. May contain only carrier route bundles SCHEME.’’ May contain only carrier route bundles for all carrier routes for 5-digit ZIP b. Merged 5-digit scheme, required, for carrier routes for 5-digit ZIP Codes Codes identified in the L001 5-digit permitted only when 5-digit bundles for identified in the L001 5-digit scheme scheme listing. Labeling: at least one 5-digit ZIP Code in the listing. Labeling: 1. Line 1: Use L001, Column B. scheme may be merged with carrier 1. Line 1: Use L001, Column B. 2. Line 2: ‘‘PER’’ or ‘‘NEWS’’ as route bundles under the 5% threshold 2. Line 2: ‘‘PER’’ or ‘‘NEWS’’ as applicable; followed by ‘‘FLTS’’ or standard in 12.2.2. * * * For 5-digit ZIP applicable; followed by ‘‘FLTS’’ or

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‘‘IRREG’’ as applicable; and followed by [Revise the heading of 15.0 to read as 15.1.1 Service Objectives ‘‘CR–RTS SCHEME.’’ follows:] [Revise the text in 15.1.1 to read as * * * * * 15.0 Combining USPS Marketing Mail follows:] [Reverse the order of items d and e; Flats, Bound Printed Matter Flats, and The Postal Service processes revise the text of reordered item d to Periodicals Flats combined mailings of USPS Marketing read as follows:] Mail, Bound Printed Matter, and d. 5-digit carrier routes, required; 15.1 Basic Standards Periodicals flats to the service standards optional with no minimum. May [Revise the introductory text of 15.1 to of USPS Marketing Mail. contain only carrier route price bundles read as follows:] 15.1.2 Postage Payment for the same 5-digit ZIP Code for those Authorized mailers may combine 5-digit ZIP Codes that are not part of a USPS Marketing Mail flats, Bound [Revise the first sentence of 15.1.2 to scheme. Labeling: Printed Matter flats, and Periodicals read as follows:] 1. Line 1: Use city, state, and 5-digit flats in a single mailing as follows: Postage for all USPS Marketing Mail ZIP Code destination (see 8.6.4 for [Revise the text in item a to read as and Bound Printed Matter pieces must military mail). follows:] be paid with permit imprint using a 2. Line 2: ‘‘PER’’ or ‘‘NEWS’’ as a. Each mailpiece must meet the special postage payment system in 2.0 applicable; followed by ‘‘FLTS’’ or standards in 240 for USPS Marketing through 4.0 at the Post Office location ‘‘IRREG’’ as applicable; and followed by Mail, 260 for Bound Printed Matter and serving the mailer’s plant. * * * ‘‘CARRIER ROUTES’’ or ‘‘CR–RTS.’’ 207 for Periodicals. Periodicals 15.1.3 Documentation * * * * * publications must be authorized or pending original or additional entry at * * * In addition, mailers must 13.2 USPS Marketing Mail the office of mailing. provide: * * * * * [Revise the text of item b by adding a * * * * * new last sentence to read as follows:] [Delete current item f. and renumber 13.2.4 Pallet Preparation and Labeling b. * * * For exceptions to bundling item g. to item f. to read as follows:] [Revise the second sentence of the contact the Pricing and Classification f. Any additional documentation to introductory text of 13.2.4 to read as Service Center (see 608.8.0). support postage payment system follows:] * * * * * records, if requested. * * * When sortation under this [Revise the text of item e to read as 15.1.4 Authorization option is performed after completing follows:] [Revise the first sentence and add a required or optional carrier route pallets e. Each mailing must include at least new fourth sentence of 15.1.4 to read as (if any), mailers must prepare all merged 200 pieces or 50 pounds of USPS follows:] 5-digit scheme, and merged 5-digit Marketing Mail and/or at least 300 pallets that are possible in the mailing A mailer must submit a written pieces of Bound Printed Matter mail, request to the manager, Business Mailer based on the volume of mail to the when USPS Marketing Mail and/or destination using L001, the City State Support (see 608.8.1 for address) to Bound Printed Matter are combined combine mailings of USPS Marketing Product, and the 5% threshold. Mailers within a mailing. must label pallets according to the Line Mail flats, Bound Printed Matter flats, * * * * * and Periodicals flats. * * * When 1 and Line 2 information listed below [Add new item h, to read as follows:] and under 8.6. requested, a mailer must submit a copy h. Each comailing containing Bound of a notification document signed and [Reverse the order of items a and b; Printed Matter flats must: revise the text of reordered item a. to dated by the Periodicals publisher, 1. Be entered at a destination acknowledging the mailer’s read as follows:] sectional center facility (DSCF) or a a. 5-digit scheme carrier routes, participation in a combined mailing of destination delivery unit (DDU) USPS Marketing Mail and Periodicals required, optional with no minimum. (Presorted DDU prices are not available May contain only carrier route bundles and the potential for the mailpieces to for flats that weigh 1 pound or less). receive deferred USPS handling. * * * for carrier routes for 5-digit ZIP Codes a. When prepared and entered at a identified in the L001 5-digit scheme destination sectional center facility 15.1.5 Price Eligibility listing. Labeling: (DSCF) at 5-digit, 3-digit/SCF level [Revise the first sentence in 15.1.5 to 1. Line 1: Use L001, Column B. pallets, BPM pieces should weigh no 2. Line 2: ‘‘MKT FLTS CR–RTS read as follows:] more than 20 ounces. Apply prices based on the standards SCHEME.’’ 1. Heavier BPM pieces, (pieces greater in 240 for USPS Marketing Mail and 260 * * * * * than 20 ounces and less than 24 ounces) for Bound Printed Matter flats. * * * [Reverse the order of items c and d; in comail can only be placed in CR level * * * * * revise the text of reordered item c to bundles on a pallet included in no less [Revise the heading of 15.2 to read as read as follows:] than SCF/3D sortation entered at an follows:] c. 5-digit carrier routes, required, SCF. optional with no minimum. May 2. Not exceed the maximum weight of 15.2 Combining USPS Marketing Mail contain only carrier route price bundles 24 ounces per piece within the same Flats, Bound Printed Matter Flats, and for the same 5-digit ZIP Code for those bundle, when comailed with Periodicals Periodicals Flats in the Same Bundle 5-digit ZIP Codes that are not part of a pieces. * * * * * scheme. Labeling: a. The maximum number of heavier 1. Line 1: Use city, state, and 5-digit pieces would be no more than half of 15.2.2 Mailpiece and Bundle ZIP Code destination (see 8.6.4 for each bundle. (Half of the bundle can Identification military mail). have BPM pieces that weigh 20–24 [Revise the text in 15.2.2 to read as 2. Line 2: ‘‘MKT FLTS,’’ followed by ounces). follows:] ‘‘CARRIER ROUTES or ‘‘CR–RTS.’’ b. The maximum bundle weight is 20 Each USPS Marketing Mail, Bound * * * * * pounds. Printed Matter, and Periodicals

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mailpiece prepared under a combined a. 5-digit scheme carrier routes, We will publish an appropriate mailing of USPS Marketing Mail flats, required. * * * Labeling: amendment to 39 CFR part 111 to reflect Bound Printed Matter flats, and * * * * * these changes. Periodicals flats must be identified as [Revise item a 2 to read as follows:] Stanley F. Mires, being part of a mixed class mailing 2. Line 2: ‘‘MKT/BPM/PER FLTS,’’ as Attorney, Federal Compliance. through the use of an optional applicable; * * * endorsement line (OEL) in accordance b. Merged 5-digit scheme, optional. [FR Doc. 2017–25488 Filed 11–24–17; 8:45 am] with the standards in 203.7.1.8. Post- ***Labeling: BILLING CODE 7710–12–P print consolidators who have mailings * * * * * of USPS Marketing Mail and Bound [Revise item b 2 to read as follows:] Printed Matter, using Permit Imprint 2. Line 2: ‘‘MKT/BPM/PER FLTS CR/ ENVIRONMENTAL PROTECTION may include a ‘‘Co-Class’’ marking. 5D,’’ as applicable * * * AGENCY * * * * * c. Merged 5-digit, optional. 40 CFR Part 52 [Revise the heading of 15.3 to read as * * * Labeling: follows:] * * * * * [EPA–R07–OAR–2017–0386; FRL–9971–16– [Revise item c 2 to read as follows:] Region 7] 15.3 Combining Bundles of USPS 2. Line 2: ‘‘MKT/BPM/PER FLTS,’’ as Marketing Mail Flats, Bound Printed applicable; * * * Approval of Nebraska Air Quality Matter Flats, and Periodicals Flats on d. 5-digit carrier routes, required. Implementation Plans; Adoption of a the Same Pallet * * * Labeling: New Chapter Under the Nebraska Administrative Code; Withdrawal of * * * * * * * * * * Direct Final Rule 15.3.2 Mailpiece and Bundle [Revise item d 2 to read as follows:] 2. Line 2: ‘‘MKT/BPM/PER FLTS,’’ as Identification AGENCY: Environmental Protection applicable; * * * Agency (EPA). [Revise the introductory text in item a. e. 5-digit, required. * * * Labeling: ACTION: Withdrawal of direct final rule. in 15.3.2 to read as follows:] * * * * * Each USPS Marketing Mail, Bound [Revise item e 2 to read as follows:] SUMMARY: Due to adverse comments, the Printer Matter, and Periodicals 2. Line 2: ‘‘MKT/BPM/PER FLTS,’’ as Environmental Protection Agency (EPA) mailpiece prepared under a combined applicable; * * * is withdrawing the direct final rule for mailing of USPS Marketing Mail flats, f. 3-digit, optional, * * * Labeling: ‘‘Approval of Nebraska Air Quality Bound Printed Matter flats, and * * * * * Implementation Plans; Adoption of a Periodicals flats must be identified as [Revise item f 2 to read as follows:] New Chapter Under the Nebraska being part of a mixed class mailing 2. Line 2: ‘‘MKT/BPM/PER FLTS,’’ as Administrative Code’’ published in the through the use of an optional applicable; * * * Federal Register on October 5, 2017. endorsement line (OEL) in accordance g. SCF, required. * * * Labeling: Nebraska’s SIP revision added a new with standards in 203.7.1.8. Post-print * * * * * chapter titled ‘‘Visibility Protection’’ consolidators who have mailings of [Revise item g 2 to read as follows:] which provides Nebraska authority to USPS Marketing Mail and Bound 2. Line 2: ‘‘MKT/BPM/PER FLTS,’’ as implement Federal regulations relating Printed Matter, using Permit Imprint applicable; * * * to Regional Haze and Best Available may include a ‘‘Co-Class’’ marking. h. ASF, required unless bundle Retrofit Technology (BART). The new * * * * * reallocation used under 15.1.10. * * * chapter incorporates by reference EPA’s Labeling: Guidelines for BART Determinations 15.4 Pallet Preparation * * * * * under the Regional Haze Rule. The 15.4.1 Pallet Preparation, Sequence [Revise item h 2 to read as follows:] revision to the SIP meets the visibility and Labeling 2. Line 2: ‘‘MKT/BPM/PER FLTS component of the Clean Air Act (CAA). NDC,’’ as applicable; * * * [Revise the text in 15.4.1 to read as DATES: The direct final rule published at follows:] * * * * * 82 FR 46415, October 5, 2017, is withdrawn effective November 27, 2017. When combining USPS Marketing [Revise item i to read as follows:] Mail, Bound Printed Matter, and i. NDC, required. Pallet may contain FOR FURTHER INFORMATION CONTACT: Greg Periodicals flats within the same bundle carrier route, automation or presorted Crable, Environmental Protection or combining bundles of USPS mail for the 3-digit ZIP Code groups in Agency, Air Planning and Development Marketing Mail flats, Bound Printed L601. * * * Labeling: Branch, 11201 Renner Boulevard, Matter flats, and bundles of Periodicals * * * * * Lenexa, Kansas 66219 at (913) 551– flats on pallets, bundles must be placed [Revise item i 2 to read as follows:] 7391, or by email at crable.gregory@ on pallets. For labeling, ’’’MKT/BPM/ 2. Line 2: ‘‘MKT/BPM/PER FLTS epa.gov. NDC,’’ as applicable; * * * PER FLTS’’, as applicable’ means to SUPPLEMENTARY INFORMATION: Due to label each individual pallet based on the * * * * * adverse comments, EPA is withdrawing classes of mailpieces on that individual [Revise item j to read as follows:] the direct final rule to approve revisions pallet. As an example, in a combined j. Mixed NDC, required, 100 pound to the Nebraska State Implementation mailing of USPS Marketing Mail, Bound minimum. Pallet may contain carrier Plan (SIP). In the direct final rule Printed Matter, and Periodicals flats, route, automation or presorted mail. published on October 5, 2017 (82 FR some pallets may be labeled ‘‘MKT/ * * * Labeling: 46415), we stated that if we received BPM/PER’’ while others might properly * * * * * adverse comment by November 6, 2017, be labeled ‘‘MKT/BPM,’’ ‘‘MKT/PER,’’ [Revise item j 2 to read as follows:] the rule would be withdrawn and not ‘‘BPM/PER,’’ or even ‘‘MKT,’’‘‘BPM,’’ or 2. Line 2: ‘‘MKT/BPM/PER FLTS,’’ as take effect. EPA received adverse ‘‘PER.’’ applicable; comments. EPA will address the Preparation, sequence and labeling: * * * * * comments in a subsequent final action

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based upon the proposed action also FOR FURTHER INFORMATION CONTACT: The operator of a vessel with a valid published on October 5, 2017 (82 FR Mary Vara, NMFS Southeast Regional Federal commercial vessel permit for 46433). Office, telephone: 727–824–5305, email: South Atlantic snapper-grouper having [email protected]. golden tilefish on board must have List of Subjects in 40 CFR Part 52 SUPPLEMENTARY INFORMATION: The landed and bartered, traded, or sold Environmental protection, Air snapper-grouper fishery of the South such golden tilefish prior to 12:01 a.m., pollution control, Best available retrofit Atlantic includes golden tilefish and is local time, November 29, 2017. During technology, Incorporation by reference, managed under the Fishery the closure, the sale or purchase of Intergovernmental relations, Nitrogen Management Plan for the Snapper- golden tilefish taken from the EEZ is oxides, Particulate matter, Reporting Grouper Fishery of the South Atlantic prohibited. The prohibition on sale or and recordkeeping requirements, Region (FMP). The FMP was prepared purchase does not apply to the sale or Regional haze, Sulfur dioxide, by the South Atlantic Fishery purchase of golden tilefish that were Visibility, Volatile organic compounds. Management Council and is harvested by hook-and-line, landed Dated: November 16, 2017. implemented by NMFS under the ashore, and sold prior to 12:01 a.m., local time, November 29, 2017, and James B. Gulliford, authority of the Magnuson-Stevens were held in cold storage by a dealer or Regional Administrator, Region 7. Fishery Conservation and Management Act (Magnuson-Stevens Act) by processor. For a person on board a ■ Accordingly, the direct final rule regulations at 50 CFR part 622. vessel for which a Federal commercial published at 82 FR 46415, October 5, On April 23, 2013, NMFS published or charter vessel/headboat permit for the 2017, is withdrawn effective November a final rule for Amendment 18B to the South Atlantic snapper-grouper fishery 27, 2017. FMP (78 FR 23858). Amendment 18B to has been issued, the sale and purchase [FR Doc. 2017–25428 Filed 11–24–17; 8:45 am] the FMP established a longline provisions of the commercial closure for BILLING CODE 6560–50–P endorsement program for the golden tilefish would apply regardless commercial golden tilefish component of whether the fish are harvested in state of the snapper-grouper fishery and or Federal waters, as specified in 50 allocated the commercial golden tilefish CFR 622.190(c). DEPARTMENT OF COMMERCE ACL among two gear types, the longline Classification and hook-and-line components. National Oceanic and Atmospheric The Regional Administrator, Administration The commercial ACL (equivalent to the commercial quota) for the hook-and- Southeast Region, NMFS, has line component for golden tilefish in the determined this temporary rule is 50 CFR Part 622 South Atlantic is 135, 324 lb (61,382 necessary for the conservation and [Docket No. 120404257–3325–02] kg), gutted weight, for the current management of South Atlantic golden fishing year, January 1 through tilefish and is consistent with the RIN 0648- XF854 December 31, 2017, as specified in 50 Magnuson-Stevens Act and other CFR 622.190(a)(2)(ii). applicable laws. Fisheries of the Caribbean, Gulf of Under 50 CFR 622.193(a)(1)(i), NMFS This action is taken under 50 CFR Mexico, and South Atlantic; 2017 is required to close the commercial 622.193(a)(1)(i) and is exempt from Commercial Accountability Measure hook-and-line component for golden review under Executive Order 12866. and Closure for South Atlantic Golden tilefish when the hook-and-line These measures are exempt from the Tilefish Hook-and-Line Component component’s commercial ACL has been procedures of the Regulatory Flexibility reached, or is projected to be reached, Act because the temporary rule is issued AGENCY: National Marine Fisheries by filing a notification to that effect with without opportunity for prior notice and Service (NMFS), National Oceanic and the Office of the Federal Register. NMFS comment. Atmospheric Administration (NOAA), has determined that the commercial This action responds to the best Commerce. ACL for the hook-and-line component scientific information available. The ACTION: Temporary rule; closure. for golden tilefish in the South Atlantic Assistant Administrator for Fisheries, will be reached by November 29, 2017. NOAA (AA), finds that the need to SUMMARY: NMFS implements Accordingly, the commercial hook-and- immediately implement this action to accountability measures for the line component for South Atlantic close the commercial hook-and-line commercial hook-and-line component golden tilefish is closed effective 12:01 component for golden tilefish for golden tilefish in the exclusive a.m., local time, November 29, 2017, constitutes good cause to waive the economic zone (EEZ) of the South until 12:01 a.m., local time, January 1, requirements to provide prior notice Atlantic. NMFS projects commercial 2018. and opportunity for public comment hook-and-line landings for golden The commercial longline component pursuant to the authority set forth in 5 tilefish will reach the hook-and-line for South Atlantic golden tilefish closed U.S.C. 553(b)(B), as such procedures are component’s commercial annual catch on May 9, 2017, for the remainder of the unnecessary and contrary to the public limit (ACL) on November 29, 2017. current fishing year, until 12:01 a.m., interest. Such procedures are Therefore, NMFS closes the commercial local time, January 1, 2018 (82 FR unnecessary because the rule itself has hook-and-line component for golden 21316; May 8, 2017). Therefore, because been subject to notice and comment, tilefish in the South Atlantic EEZ on the commercial longline component is and all that remains is to notify the November 29, 2017, and it will remain already closed, and NMFS is closing the public of the closure. Such procedures closed until the start of the next fishing commercial hook-and-line component are contrary to the public interest year on January 1, 2018. This closure is through this temporary rule, all because the capacity of the fishing fleet necessary to protect the golden tilefish commercial fishing for South Atlantic allows for rapid harvest of the resource. golden tilefish is closed effective 12:01 commercial ACL for the hook-and-line DATES: This rule is effective 12:01 a.m., a.m., local time, November 29, 2017, component, and there is a need to local time, November 29, 2017, until until 12:01 a.m., local time, January 1, immediately implement this action to 12:01 a.m., local time, January 1, 2018. 2018. protect golden tilefish. Prior notice and

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opportunity for public comment would prevent exceeding the 2017 Pacific § 679.20(e) and (f) apply at any time require time and could potentially result Ocean perch total allowable catch (TAC) during a trip. in a harvest well in excess of the in the Bering Sea subarea of the BSAI. Classification established commercial ACL for the DATES: Effective 1200 hrs, Alaska local hook-and-line component. time (A.l.t.), November 21, 2017, This action responds to the best For the aforementioned reasons, the through 2400 hrs, A.l.t., December 31, available information recently obtained AA also finds good cause to waive the 2017. from the fishery. The Assistant 30-day delay in the effectiveness of this FOR FURTHER INFORMATION CONTACT: Josh Administrator for Fisheries, NOAA action under 5 U.S.C. 553(d)(3). Keaton, 907–586–7228. (AA), finds good cause to waive the Authority: 16 U.S.C. 1801 et seq. SUPPLEMENTARY INFORMATION: NMFS requirement to provide prior notice and Dated: November 21, 2017. manages the groundfish fishery in the opportunity for public comment pursuant to the authority set forth at 5 Emily H. Menashes, BSAI according to the Fishery Management Plan for Groundfish of the U.S.C. 553(b)(B) as such requirement is Acting Director, Office of Sustainable impracticable and contrary to the public Fisheries, National Marine Fisheries Service. Bering Sea and Aleutian Islands interest. This requirement is [FR Doc. 2017–25559 Filed 11–21–17; 4:15 pm] Management Area (FMP) prepared by the North Pacific Fishery Management impracticable and contrary to the public BILLING CODE 3510–22–P Council under authority of the interest as it would prevent NMFS from Magnuson-Stevens Fishery responding to the most recent fisheries DEPARTMENT OF COMMERCE Conservation and Management Act. data in a timely fashion and would Regulations governing fishing by U.S. delay the directed fishing closure of National Oceanic and Atmospheric vessels in accordance with the FMP Pacific Ocean perch in the Bering Sea Administration appear at subpart H of 50 CFR part 600 subarea of the BSAI. NMFS was unable and 50 CFR part 679. to publish a notice providing time for 50 CFR Part 679 The 2017 Pacific ocean perch TAC in public comment because the most the Bering Sea subarea of the BSAI is recent, relevant data only became [Docket No. 161020985–7181–02] 9,350 metric tons (mt) as established by available as November 14, 2017. RIN 0648–XF851 the final 2017 and 2018 harvest The AA also finds good cause to specifications for groundfish in the waive the 30-day delay in the effective Fisheries of the Exclusive Economic BSAI (82 FR 11826, February 27, 2017). date of this action under 5 U.S.C. Zone Off Alaska; Pacific Ocean Perch The Regional Administrator has 553(d)(3). This finding is based upon in the Bering Sea Subarea of the determined that the 2017 TAC for the reasons provided above for waiver of Bering Sea and Aleutian Islands Pacific Ocean perch in the Bering Sea prior notice and opportunity for public subarea of the BSAI will soon be Management Area comment. reached. Therefore, the Regional AGENCY: National Marine Fisheries Administrator is establishing a directed This action is required by § 679.20 Service (NMFS), National Oceanic and fishing allowance of 9,335 mt, and is and is exempt from review under Atmospheric Administration (NOAA), setting aside the remaining 15 mt as Executive Order 12866. Commerce. bycatch to support other anticipated Authority: 16 U.S.C. 1801 et seq. groundfish fisheries. Consequently, in ACTION: Temporary rule; closure. Dated: November 21, 2017. accordance with § 679.20(d)(1)(iii), SUMMARY: NMFS is prohibiting directed NMFS is prohibiting directed fishing for Emily H. Menashes, fishing for Pacific ocean perch in the Pacific ocean perch in the Bering Sea Acting Director, Office of Sustainable Bering Sea subarea of the Bering Sea subarea of the BSAI. Fisheries, National Marine Fisheries Service. and Aleutian Islands management area After the effective date of this closure [FR Doc. 2017–25562 Filed 11–21–17; 4:15 pm] (BSAI). This action is necessary to the maximum retainable amounts at BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 82, No. 226

Monday, November 27, 2017

This section of the FEDERAL REGISTER available documents online in the other issues deemed relevant by the contains notices to the public of the proposed ADAMS Public Documents collection at NRC staff. issuance of rules and regulations. The http://www.nrc.gov/reading-rm/ The NRC issued an advance notice of purpose of these notices is to give interested adams.html. To begin the search, select proposed rulemaking (ANPR) in the persons an opportunity to participate in the ‘‘ADAMS Public Documents’’ and then Federal Register (80 FR 72358; rule making prior to the adoption of the final rules. select ‘‘Begin Web-based ADAMS November 19, 2015) to obtain Search.’’ For problems with ADAMS, stakeholder feedback on the regulatory please contact the NRC’s Public issues included in the SRM for SECY– NUCLEAR REGULATORY Document Room (PDR) reference staff at 14–0118. The NRC received public COMMISSION 1–800–397–4209, 301–415–4737, or by comments related to each of the email to [email protected]. The regulatory issues outlined in the ANPR. 10 CFR Parts 26, 50, 52, 73, and 140 ADAMS accession number for each Most public feedback pertained to the document referenced (if it is available in level of public involvement in the [NRC–2015–0070] ADAMS) is provided the first time that decommissioning process, the 60-year RIN 3150–AJ59 it is mentioned in the SUPPLEMENTARY limit for power reactor INFORMATION section. The regulatory decommissioning, the NRC’s approval Regulatory Improvements for Power basis can be accessed in ADAMS at of the PSDAR, the use of Reactors Transitioning to accession number ML17215A010. decommissioning trust funds (DTFs), • Decommissioning NRC’s PDR: You may examine and and EP considerations. The NRC purchase copies of public documents at reviewed the comments and used input AGENCY: Nuclear Regulatory the NRC’s PDR, Room O1–F21, One received from the comments to develop Commission. White Flint North, 11555 Rockville the options presented in the draft ACTION: Regulatory basis. Pike, Rockville, Maryland 20852. regulatory basis, which was issued for a FOR FURTHER INFORMATION CONTACT: SUMMARY: The U.S. Nuclear Regulatory 90-day public comment period on Alysia G. Bone, Office of Nuclear Commission (NRC) is publishing a March 15, 2017 (82 FR 13778). The NRC Material Safety and Safeguards, regulatory basis to support a rulemaking received input from stakeholders in telephone: 301–415–1034, email: that would amend the NRC’s regulations every area addressed in the draft [email protected]; U.S. Nuclear for the decommissioning of nuclear regulatory basis. The NRC also received Regulatory Commission, Washington, power reactors. The NRC’s goals in the most stakeholder input on the DC 20555–0001. amending these regulations would be to current regulatory approach to provide for an efficient SUPPLEMENTARY INFORMATION: On decommissioning, EP, and DTFs. The decommissioning process; reduce the December 30, 2014, the Commission comments received on the draft need for exemptions from existing directed the NRC staff to proceed with regulatory basis were considered in the regulations; address other a rulemaking on power reactor development of the regulatory basis. decommissioning issues deemed decommissioning in the staff In the regulatory basis, the NRC staff relevant by the NRC staff; and support requirements memorandum (SRM) for concludes that it has sufficient the principles of good regulation, SECY–14–0118, ‘‘Request by Duke justification to proceed with rulemaking including openness, clarity, and Energy Florida, Inc., for Exemptions in the areas of EP, physical security, reliability. from Certain Emergency Planning cyber security, drug and alcohol testing, Requirements’’ (ADAMS Accession No. training requirements for certified fuel DATES: The regulatory basis is available ML14364A111). The Commission also handlers (CFHs), DTFs, offsite and on November 27, 2017. stated that the rulemaking should onsite financial protection requirements ADDRESSES: Please refer to Docket ID address: Issues discussed in SECY–00– and indemnity agreements, and NRC–2015–0070 when contacting the 0145, ‘‘Integrated Rulemaking Plan for application of the backfit rule. Further, NRC about the availability of Nuclear Power Plant Decommissioning’’ the NRC staff is recommending information for this action. You may (ADAMS Accession No. ML003721626), rulemaking: (1) to require that obtain publicly-available information such as the graded approach to decommissioning documents in related to this action by any of the emergency preparedness (EP); lessons § 50.54(bb) of title 10 of the Code of following methods: learned from the plants that have Federal Regulations (10 CFR); § 50.82, • Federal Rulemaking Web site: Go to already gone or are currently going ‘‘Termination of license’’; and § 52.110, http://www.regulations.gov and search through the decommissioning process; ‘‘Termination of license,’’ or a for Docket ID NRC–2015–0070. Address the advisability of requiring a licensee’s combination thereof, contain questions about NRC dockets to Carol post-shutdown decommissioning information on spent fuel management Gallagher; telephone: 301–415–3463; activities report (PSDAR) to be approved planning, in accordance with the email: [email protected]. For by the NRC; the appropriateness of regulatory requirements in § 72.218, technical questions, contact the maintaining the three existing options ‘‘Termination of Licenses’’; (2) to amend individual listed in the FOR FURTHER for decommissioning and the § 51.53, ‘‘Postconstruction INFORMATION CONTACT section of this timeframes associated with those environmental reports,’’ and § 51.95, document. options; the appropriate role of state and ‘‘Postconstruction environmental • NRC’s Agencywide Documents local governments and non- impact statements,’’ to clarify the Access and Management System governmental stakeholders in the environmental reporting requirements (ADAMS): You may obtain publicly- decommissioning process; and any and add a reference to § 52.110; (3) to

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amend §§ 50.82(a) and 52.110 to clarify DEPARTMENT OF TRANSPORTATION the availability of this material at the that licensees must evaluate the FAA, call 425–227–1221. Federal Aviation Administration environmental impacts of Examining the AD Docket decommissioning, and whether they are bounded, in the PSDAR; (4) to amend 14 CFR Part 39 You may examine the AD docket on § 50.59(d)(3); § 50.71(c); 10 CFR part 50, the Internet at http:// [Docket No. FAA–2017–1093; Product www.regulations.gov by searching for appendix A, Criterion 1, ‘‘Quality Identifier 2017–NM–018–AD] and locating Docket No. FAA–2017– standards and records’’; 10 CFR part 50, RIN 2120–AA64 1093; or in person at the Docket appendix B, Criterion XVII, ‘‘Quality Management Facility between 9 a.m. Assurance Records’’; and § 72.72(d) to Airworthiness Directives; Airbus and 5 p.m., Monday through Friday, remove certain record-retention Airplanes except Federal holidays. The AD docket requirements for structures, systems, AGENCY: contains this proposed AD, the and components (SSCs) that no longer Federal Aviation Administration (FAA), DOT. regulatory evaluation, any comments remain in service during received, and other information. The ACTION: decommissioning, as well as Notice of proposed rulemaking street address for the Docket Operations duplication requirements for spent fuel (NPRM). office (telephone 800–647–5527) is in storage records; and (5) to amend 10 SUMMARY: We propose to adopt a new the ADDRESSES section. Comments will CFR part 20, appendix G, Section III.E, airworthiness directive (AD) for certain be available in the AD docket shortly for investigating shipments of low-level Airbus Model A318 series airplanes; after receipt. radioactive waste (LLW) if the shipper Model A319 series airplanes; Model FOR FURTHER INFORMATION CONTACT: has not received notification of receipt A320–211, –212, –214, –216, –231, Sanjay Ralhan, Aerospace Engineer, within 20 days after transfer, to allow a –232, and –233 airplanes; and Model International Section, Transport 45-day notification window based on A321–111, –112, –131, –211, –212, Standards Branch, FAA, 1601 Lind operating experience that shows this is –213, –231, and –232 airplanes. This Avenue SW., Renton, WA 98057–3356; a reasonable delay for LLW shipments. proposed AD was prompted by reports telephone 425–227–1405; fax 425–227– 1149. Additionally in this regulatory basis, of early cracking on certain holes of the SUPPLEMENTARY INFORMATION: the NRC staff recommends guidance crossbeam splicing at certain fuselage development and inspection procedure frames. This proposed AD would Comments Invited require repetitive inspections for updates for minimum staffing of non- cracking of the fastener holes in certain We invite you to send any written licensed operators and aging fuselage frames, and depending on relevant data, views, or arguments about management of certain SSCs. The NRC airplane configuration, would provide this proposal. Send your comments to staff also determined that fatigue an optional terminating action to the an address listed under the ADDRESSES management would not be addressed in repetitive inspections. We are proposing section. Include ‘‘Docket No. FAA– this decommissioning rule. this AD to address the unsafe condition 2017–1093; Product Identifier 2017– In the regulatory basis, the NRC staff on these products. NM–018–AD’’ at the beginning of your comments. We specifically invite reiterated conclusions from the draft DATES: We must receive comments on comments on the overall regulatory, regulatory basis that regulatory activities this proposed AD by January 11, 2018. economic, environmental, and energy other than rulemaking—such as ADDRESSES: You may send comments, aspects of this proposed AD. We will guidance development—can be pursued using the procedures found in 14 CFR consider all comments received by the to address the appropriate role of State 11.43 and 11.45, by any of the following closing date and may amend this and local governments in the methods: proposed AD based on those comments. decommissioning process, the level of • Federal eRulemaking Portal: Go to We will post all comments we NRC review of the PSDAR, and the 60- http://www.regulations.gov. Follow the receive, without change, to http:// year limit for power reactor instructions for submitting comments. www.regulations.gov, including any decommissioning. • Fax: 202–493–2251. personal information you provide. We • In addition to the regulatory basis, Mail: U.S. Department of will also post a report summarizing each Transportation, Docket Operations, M– staff plans to publish a revised substantive verbal contact we receive 30, West Building Ground Floor, Room preliminary draft of the regulatory about this proposed AD. W12–140, 1200 New Jersey Avenue SE., analysis, which will update and refine Washington, DC 20590. Discussion the analysis of costs and benefits. • Hand Delivery: Deliver to Mail The European Aviation Safety Agency The NRC staff plans to publish a address above between 9 a.m. and 5 (EASA), which is the Technical Agent proposed rule for public comment in p.m., Monday through Friday, except for the Member States of the European 2018. Federal holidays. Union, has issued EASA AD 2016–0139, dated July 14, 2016 (referred to after this Dated at Rockville, Maryland, this 21st day For service information identified in as the Mandatory Continuing of November 2017. this NPRM, contact Airbus, Airworthiness Office–EIAS, 1 Rond Airworthiness Information, or ‘‘the For the Nuclear Regulatory Commission. Point Maurice Bellonte, 31707 Blagnac MCAI’’), to correct an unsafe condition Patricia K. Holahan, Cedex, France; telephone: +33 5 61 93 for certain Model A318 series airplanes; Director, Division of Rulemaking, Office of 36 96; fax: +33 5 61 93 44 51; email: A319 series airplanes; A320–211, –212, Nuclear Material Safety and Safeguards. account.airworth–[email protected]; –214, –216, –231, –232, and –233 [FR Doc. 2017–25552 Filed 11–24–17; 8:45 am] Internet: http://www.airbus.com. You airplanes; and A321–111, –112, –131, BILLING CODE 7590–01–P may view this referenced service –211, –212, –213, –231, and –232 information at the FAA, Transport airplanes. The MCAI states: Standards Branch, 1601 Lind Avenue Following addition of a new airworthiness SW., Renton, WA. For information on limitation item (ALI) task 531110 in the

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Airworthiness Limitation Section (ALS) Part www.regulations.gov by searching for in the United States. Pursuant to our 2 in the revision dated April 2012, numerous and locating Docket No. FAA–2017– bilateral agreement with the State of findings have been reported of early cracks 1093. Design Authority, we have been notified on the four holes of the crossbeam splicing of the unsafe condition described in the at frame (FR)16 and FR20 on both left-hand Related Service Information Under 1 MCAI and service information (LH) and right-hand (RH) sides. CFR Part 51 This condition, if not detected and referenced above. We are proposing this corrected, could affect the structural integrity Airbus has issued the following AD because we evaluated all pertinent of the airframe. service information: information and determined an unsafe To allow an earlier crack detection, Airbus • Airbus Service Bulletin A320–53– condition exists and is likely to exist or decided to transfer the repetitive inspections 1286, Revision 01, dated December 22, develop on other products of these same from ALI task 531110 to Airbus Service 2015, which describes procedures for type designs. Bulletin (SB) A320–53–1286, later revised, rototest inspections for cracking of the including new recommended inspection holes in certain fuselage frames and Difference Between This Proposed AD thresholds. crossbeams. and the MCAI or Service Information For the reasons described above, this • Airbus Service Bulletin A320–53– [EASA] AD requires repetitive special Where the MCAI, paragraph (4), detailed [rototest] inspections (SDI) of the 1295, including Appendixes 01 and 02, specifies a repair approved by EASA or two upper rows of fasteners of the crossbeam dated June 29, 2015, which describes under a Design Organization Approval splicing at FR16 and FR20, on both LH and procedures for modifying the airplane, (DOA) other than Airbus, paragraph (j) RH sides, [installation of new fasteners on including cold working instructions in of this proposed AD refers to a repair crack-free frames, related investigative and certain fuselage frames and crossbeams. approved by the FAA, EASA, or an corrective actions,] and, depending on This service information is reasonably EASA DOA other than Airbus. The aeroplane configuration, provides an optional available because the interested parties MCAI did not specify whether FAA terminating action to the repetitive have access to it through their normal inspections required by this [EASA] AD. approved repairs are acceptable for course of business or by the means compliance. Related investigative actions include identified in the ADDRESSES section. checking the edge margins of the holes. Costs of Compliance Corrective actions include reaming FAA’s Determination and Requirements affected crossbeams and frames and of This Proposed AD We estimate that this proposed AD cold working the frames. You may This product has been approved by affects 928 airplanes of U.S. registry. examine the MCAI in the AD docket on the aviation authority of another We estimate the following costs to the Internet at http:// country, and is approved for operation comply with this proposed AD:

ESTIMATED COSTS

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

Inspections ...... 116 work-hours × $85 per hour = $9,860 per inspec- $960 $10,820 $10,040,960. tion. Optional Modification ...... 28 work-hours × $85 per hour = $2,380 ...... 3,020 5,400 Up to $5,011,200.

We have received no definitive data products identified in this rulemaking For the reasons discussed above, I that would enable us to provide cost action. certify this proposed regulation: estimates for the on-condition actions This proposed AD is issued in 1. Is not a ‘‘significant regulatory specified in this proposed AD. accordance with authority delegated by action’’ under Executive Order 12866; the Executive Director, Aircraft Authority for This Rulemaking 2. Is not a ‘‘significant rule’’ under the Certification Service, as authorized by DOT Regulatory Policies and Procedures Title 49 of the United States Code FAA Order 8000.51C. In accordance specifies the FAA’s authority to issue with that order, issuance of ADs is (44 FR 11034, February 26, 1979); rules on aviation safety. Subtitle I, normally a function of the Compliance 3. Will not affect intrastate aviation in section 106, describes the authority of and Airworthiness Division, but during Alaska; and the FAA Administrator. ‘‘Subtitle VII: this transition period, the Executive 4. Will not have a significant Aviation Programs,’’ describes in more Director has delegated the authority to economic impact, positive or negative, detail the scope of the Agency’s issue ADs applicable to transport on a substantial number of small entities authority. category airplanes to the Director of the under the criteria of the Regulatory We are issuing this rulemaking under System Oversight Division. Flexibility Act. the authority described in ‘‘Subtitle VII, Regulatory Findings Part A, Subpart III, Section 44701: List of Subjects in 14 CFR Part 39 General requirements.’’ Under that We determined that this proposed AD section, Congress charges the FAA with would not have federalism implications Air transportation, Aircraft, Aviation promoting safe flight of civil aircraft in under Executive Order 13132. This safety, Incorporation by reference, air commerce by prescribing regulations proposed AD would not have a Safety. for practices, methods, and procedures substantial direct effect on the States, on The Proposed Amendment the Administrator finds necessary for the relationship between the national safety in air commerce. This regulation Government and the States, or on the Accordingly, under the authority is within the scope of that authority distribution of power and delegated to me by the Administrator, because it addresses an unsafe condition responsibilities among the various the FAA proposes to amend 14 CFR part that is likely to exist or develop on levels of government. 39 as follows:

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PART 39—AIRWORTHINESS 111, –112, –131, –211, –212, –213, –231, and sides, which can result in reduced structural DIRECTIVES –232 airplanes, certificated in any category, integrity of the airplane due to the failure of all manufacturer serial numbers, except the structural components. ■ airplanes specified in paragraphs (c)(1), 1. The authority citation for part 39 (f) Compliance continues to read as follows: (c)(2), and (c)(3) of this AD. (1) Airplanes on which Airbus Comply with this AD within the Authority: 49 U.S.C. 106(g), 40113, 44701. modification 161255 has been embodied in compliance times specified, unless already production. done. § 39.13 [Amended] (2) Model A319 series airplanes on which ■ (g) Repetitive Rototest Inspections 2. The FAA amends § 39.13 by adding Airbus modifications 28238, 28162, and the following new airworthiness 28342 have been concurrently embodied in Before exceeding the threshold specified in directive (AD): production. table 1 to paragraph (g) of this AD, or table (3) Model A318 series airplanes on which 2 to paragraph (g) of this AD, as applicable Airbus: Docket No. FAA–2017–1093; Product to airplane configuration (pre- or post- Identifier 2017–NM–018–AD. Airbus modification 39195 has been embodied in production. modification 20416 or pre- or post- (a) Comments Due Date modification 21999): Do a special detailed (d) Subject We must receive comments by January 11, (rototest) inspection of the two upper rows of 2018. Air Transport Association (ATA) of fasteners of the crossbeam splicing at FR16 America Code 53, Fuselage. and FR20 on both LH and RH sides, in (b) Affected ADs accordance with the Accomplishment (e) Reason None. Instructions of Airbus Service Bulletin A320– This AD was prompted by reports of early 53–1286, Revision 01, dated December 22, (c) Applicability cracking on the four holes of the crossbeam 2015. Thereafter, repeat the inspection at the This AD applies to Airbus Model A318– splicing at certain fuselage frames (FR). We intervals specified in table 1 to paragraph (g) 111, –112, –121, and –122 airplanes; A319– are issuing this AD to detect and correct of this AD, or table 2 to paragraph (g) of this 111, –112, –113, –114, –115, –131, –132, and cracking at two upper rows of fasteners of the AD, as applicable to airplane configuration –133 airplanes; A320–211, –212, –214, –216, crossbeam splicing at FR16 and FR20, on (pre- or post-modification 20416 or pre- or –231, –232, and –233 airplanes; and A321– both the left-hand (LH) and right-hand (RH) post-modification 21999).

TABLE 1 TO PARAGRAPH (g) OF THIS AD—INSPECTION OF PRE-MODIFICATION 20416 OR PRE-MODIFICATION 21999 AIRPLANES

Threshold (A or B or C, A: Before exceeding 36,800 flight cycles (FC) or 73,600 flight hours (FH), whichever occurs first since the first whichever occurs later). flight of the airplane. B: Within 27,400 FC or 54,900 FH, whichever occurs first since the last inspection as specified in airworthiness limitation item (ALI) task 531110–01–1 accomplished before the effective date of this AD. C: Within 30 days after the effective date of this AD, without exceeding 38,800 FC or 77,600 FH, whichever oc- curs first since the first flight of the airplane. Repetitive Inspection Interval 27,400 FC or 54,900 FH, whichever occurs first. (Not to exceed).

TABLE 2 TO PARAGRAPH (g) OF THIS AD—INSPECTION OF POST-MODIFICATION 20416 OR POST-MODIFICATION 21999 AIRPLANES

Threshold (A or B or C, A: Before exceeding 34,700 FC or 69,400 FH, whichever occurs first since the first flight of the airplane. whichever occurs later). B: Within 12,900 FC or 25,800 FH, whichever occurs first since the last inspection as specified in ALI task 531110–01–2 accomplished before the effective date of this AD. C: Within 30 days after the effective date of this AD, without exceeding 38,900 FC or 77,900 FH, whichever oc- curs first since the first flight of the airplane. Repetitive Inspection Interval 12,900 FC or 25,800 FH, whichever occurs first. (Not to exceed).

(h) Post-Inspection Actions paragraph (r)(2) of this AD. Repair of an 24 months after the effective date of this AD, Depending on the results from any airplane as required by this paragraph does modify the repair using a method approved inspection required by paragraph (g) of this not constitute terminating action for the by the Manager, International Section, AD, do the actions in paragraphs (h)(1) or repetitive inspections required by paragraph Transport Standards Branch, FAA; or the (g) of this AD for that airplane, unless (h)(2) of this AD, as applicable. European Aviation Safety Agency (EASA); or specified otherwise in the repair instructions. (1) If, during any inspection required by Airbus’s EASA Design Organization (2) If, during any inspection required by Approval (DOA). If approved by the DOA, paragraph (g) of this AD, any crack is paragraph (g) of this AD, no cracks are the approval must include the DOA- detected: Before further flight, do all detected: Before further flight, do all authorized signature. applicable related investigative and applicable fastener installations, in corrective actions in accordance with the accordance with the Accomplishment (j) Airplanes on Which a Repair With Accomplishment Instructions of Airbus Instructions of Airbus Service Bulletin A320– Installation of EN6114 Countersunk Service Bulletin A320–53–1286, Revision 01, 53–1286, Revision 01, dated December 22, Fasteners Was Applied on the Frame and/or dated December 22, 2015; except where 2015. Crossbeam Airbus Service Bulletin A320–53–1286, Revision 01, dated December 22, 2015, (i) Airplanes on Which Airbus Repair For airplanes on which a repair with specifies to contact Airbus for appropriate Instruction R53112926 Was Applied installation of EN6114 countersunk fasteners, repair, and specifies that action as ‘‘RC’’ For airplanes on which Airbus Repair approved by the FAA, EASA, or an EASA (Required for Compliance), accomplish Instruction R53112926 at issue A or B was DOA other than Airbus, was applied on the corrective actions before further flight in applied on the frame and/or crossbeam at frame and/or crossbeam at FR16 LH or RH, accordance with the procedures specified in FR16 LH or RH, or at FR20 LH or RH: Within or at FR20 LH or RH, in the area covered by

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paragraph (g) of this AD: Within 24 months required by this paragraph, does not those procedures and tests must be done to after the effective date of this AD, modify the constitute terminating action for the comply with this AD; any procedures or tests repair using a method approved by the repetitive inspections required by paragraph that are not identified as RC are Manager, International Section, Transport (g) of this AD for that airplane, as applicable, recommended. Those procedures and tests Standards Branch FAA; or EASA; or Airbus’s unless specified otherwise in the that are not identified as RC may be deviated EASA DOA. If approved by the DOA, the instructions. from using accepted methods in accordance approval must include the DOA-authorized with the operator’s maintenance or (o) Terminating Action for ALI Tasks signature. inspection program without obtaining (1) Accomplishment of an inspection as approval of an AMOC, provided the (k) Optional Terminating Action for required by paragraph (g) of this AD or procedures and tests identified as RC can be Airplanes Post-Modification 20416 or Post- instructions as required by paragraph (l) of done and the airplane can be put back in an Modification 21999 this AD, as applicable, constitutes airworthy condition. Any substitutions or Modification of an airplane post- terminating action for the inspection changes to procedures or tests identified as modification 20416 or post-modification requirements of ALI task 531110, for that RC require approval of an AMOC. 21999 in accordance with the airplane. Accomplishment Instructions of Airbus (2) Modification of the two upper rows of (s) Related Information Service Bulletin A320–53–1295, including fasteners of the crossbeam splicing at FR16 (1) Refer to Mandatory Continuing Appendixes 01 and 02, dated June 29, 2015, and FR20 on both LH and RH sides of an Airworthiness Information (MCAI) EASA constitutes terminating action for the airplane, in accordance with the Airworthiness Directive 2016–0139, dated repetitive inspections required by paragraph Accomplishment Instructions of Airbus July 14, 2016, for related information. This (g) of this AD for that airplane. Service Bulletin A320–53–1295, including MCAI may be found in the AD docket on the Appendixes 01 and 02, dated June 29, 2015, (l) Post-Repair Actions for Certain Airplanes Internet at http://www.regulations.gov by as specified in paragraphs (k) and (m) of this searching for and locating Docket No. FAA– For an airplane that has been inspected per AD, constitutes terminating action for the 2017–1093. ALI task 531110 and repaired before the inspection requirements of ALI task 531110, (2) For more information about this AD, effective date of this AD using the for those holes for that airplane. contact Sanjay Ralhan, Aerospace Engineer, instructions in an Airbus Repair Design (p) No Reporting Requirement International Section, Transport Standards Approval Sheet (RDAS): Within 30 days after Branch, FAA, 1601 Lind Avenue SW., the effective date of this AD, contact the Although Airbus Service Bulletin A320– Renton, WA 98057–3356; telephone 425– Manager, International Section, Transport 53–1286, Revision 01, dated December 22, 227–1405; fax 425–227–1149. Standards Branch, FAA; or EASA; or 2015, specifies to submit certain information (3) For service information identified in Airbus’s EASA DOA for instructions and to the manufacturer, and specifies that action this AD, contact Airbus, Airworthiness accomplish those instructions accordingly. If as ‘‘RC’’ (Required for Compliance), this AD Office—EIAS, 1 Rond Point Maurice approved by the DOA, the approval must does not include that requirement. Bellonte, 31707 Blagnac Cedex, France; include the DOA-authorized signature. (q) Credit for Previous Actions telephone +33 5 61 93 36 96; fax +33 5 61 Accomplishment of the instructions required 93 44 51; email account.airworth-eas@ by this paragraph, does not constitute This paragraph provides credit for actions airbus.com; Internet http://www.airbus.com. terminating action for the repetitive required by paragraph (g) and (h) of this AD, You may view this service information at the inspections required by paragraph (g) of this if those actions were performed before the FAA, Transport Standards Branch, 1601 Lind AD for that airplane, unless specified effective date of this AD using Airbus Service Avenue SW., Renton, WA. For information otherwise in the instructions. Bulletin A320–53–1286, dated June 29, 2015. on the availability of this material at the (m) Partial Terminating Action for Airplanes (r) Other FAA AD Provisions FAA, call 425–227–1221. Post-Modification 20416 or Post- The following provisions also apply to this Issued in Renton, Washington, on Modification 21999 AD: November 7, 2017. For an airplane post-modification 20416 or (1) Alternative Methods of Compliance Dionne Palermo, post-modification 21999, modification in (AMOCs): The Manager, International Acting Director, System Oversight Division, accordance with the Accomplishment Section, Transport Standards Branch, FAA, Instructions of Airbus Service Bulletin A320– has the authority to approve AMOCs for this Aircraft Certification Service. 53–1295, including Appendixes 01 and 02, AD, if requested using the procedures found [FR Doc. 2017–25252 Filed 11–24–17; 8:45 am] dated June 29, 2015, for the applicable in 14 CFR 39.19. In accordance with 14 CFR BILLING CODE 4910–13–P fastener holes, where no damage or cracks 39.19, send your request to your principal were detected (i.e., those not repaired) during inspector or local Flight Standards District the latest inspection as required by paragraph Office, as appropriate. If sending information DEPARTMENT OF TRANSPORTATION (g) of this AD, constitutes terminating action directly to the manager of the International for the repetitive inspections of those fastener Section, send it to the attention of the person Federal Aviation Administration holes as required by paragraph (g) of this AD identified in paragraph (s)(2) of this AD. for that airplane. Information may be emailed to: 9-ANM-116- [email protected]. Before using 14 CFR Part 39 (n) Actions for Airplanes With Certain any approved AMOC, notify your appropriate Repairs [Docket No. FAA–2015–1421; Product principal inspector, or lacking a principal Identifier 2014–NM–177–AD] For an airplane that has been repaired inspector, the manager of the local flight before the effective date of this AD in the standards district office/certificate holding RIN 2120–AA64 areas described in this AD using the district office. instructions in an Airbus RDAS unrelated to (2) Contacting the Manufacturer: For any Airworthiness Directives; The Boeing ALI task 531110: Before exceeding the requirement in this AD to obtain corrective Company Airplanes compliance times specified in table 1 to actions from a manufacturer, the action must paragraph (g) of this AD or table 2 to be accomplished using a method approved AGENCY: Federal Aviation paragraph (g) of this AD, as applicable, by the Manager, International Section, Administration (FAA), DOT. contact the Manager, International Section, Transport Standards Branch, FAA; or EASA; Transport Standards Branch, FAA; or EASA; or Airbus’s EASA DOA. If approved by the ACTION: Supplemental notice of or Airbus’s EASA DOA for corrective action DOA, the approval must include the DOA- proposed rulemaking (SNPRM); instructions and accomplish those authorized signature. reopening of comment period. instructions accordingly. If approved by the (3) Required for Compliance (RC): Except DOA, the approval must include the DOA- as required by paragraphs (h)(1) and (p) of SUMMARY: We are revising an earlier authorized signature. Accomplishment of this AD: If any service information contains proposal for certain The Boeing corrective action(s) on an airplane, as procedures or tests that are identified as RC, Company Model 767–300 and –300F

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series airplanes. This action revises the FOR FURTHER INFORMATION CONTACT: information for accomplishing the notice of proposed rulemaking (NPRM) Allen Rauschendorfer, Aerospace proposed actions. APB Service Bulletin by adding new high frequency eddy Engineer, Airframe Section, FAA, AP767–57–010, Revision 11, dated current (HFEC) inspections for cracking Seattle ACO Branch, 1601 Lind Avenue April 3, 2017, corrects certain errors and of an expanded area of the lower SW., Renton, WA 98057–3356; phone: omissions that were in the outboard wing skin for certain airplanes. 425–917–6450; fax: 425–917–6590; Accomplishment Instructions of APB We are proposing this airworthiness email: [email protected]. Service Bulletin AP767–57–010, directive (AD) to address the unsafe SUPPLEMENTARY INFORMATION: Revision 7, dated November 4, 2014, condition on these products. Since these and provides clarification of certain Comments Invited actions would impose an additional procedures. APB Service Bulletin burden over those in the NPRM, we are We invite you to send any written AP767–57–010, Revision 11, dated reopening the comment period to allow relevant data, views, or arguments about April 3, 2017, also removes all work the public the chance to comment on this proposal. Send your comments to related to stringer L–6.5 due to recent these changes. an address listed under the ADDRESSES analysis that the modification was not DATES: The comment period for the section. Include ‘‘Docket No. FAA– sufficient to meet the 767 design service NPRM published in the Federal 2015–1421; Product Identifier 2014– objective. Register on June 5, 2015 (80 FR 32066), NM–177–AD’’ at the beginning of your In light of this analysis, new repetitive is reopened. comments. We specifically invite post-modification HFEC inspections We must receive comments on this comments on the overall regulatory, have been added for airplanes on which SNPRM by January 11, 2018. economic, environmental, and energy the optional terminating modification of aspects of this SNPRM. We will the existing skin or external skin ADDRESSES: You may send comments, consider all comments received by the using the procedures found in 14 CFR doubler has been done. We have revised closing date and may amend this this proposed AD to refer to APB 11.43 and 11.45, by any of the following SNPRM because of those comments. methods: Service Bulletin AP767–57–010, • We will post all comments we Revision 11, dated April 3, 2017, for Federal eRulemaking Portal: Go to receive, without change, to http:// http://www.regulations.gov. Follow the accomplishing proposed actions for www.regulations.gov, including any stringer L–9.5. instructions for submitting comments. personal information you provide. We • APB has also released Service Fax: 202–493–2251. will also post a report summarizing each • Bulletin AP767–57–014, Revision 1, Mail: U.S. Department of substantive verbal contact we receive dated April 12, 2017. APB Service Transportation, Docket Operations, M– about this SNPRM. 30, West Building Ground Floor, Room Bulletin AP767–57–014, Revision 1, W12–140, 1200 New Jersey Avenue SE., Discussion dated April 12, 2017, includes Washington, DC 20590. We issued an NPRM to amend 14 CFR procedures for inspections, repair • Hand Delivery: U.S. Department of part 39 by adding an AD that would (modification), and repair of stringer L– Transportation, Docket Operations, M– apply to certain The Boeing Company 6.5 of the lower outboard wing skin 30, West Building Ground Floor, Room Model 767–300 and –300F series (which replace the actions that were W12–140, 1200 New Jersey Avenue SE., airplanes. The NPRM published in the removed from APB Service Bulletin Washington, DC 20590, between 9 a.m. Federal Register on June 5, 2015 (80 FR AP767–57–010, Revision 11, dated and 5 p.m., Monday through Friday, 32066). The NPRM was prompted by April 3, 2017). except Federal holidays. reports of fatigue cracking on airplanes Related Service Information Under 1 For service information identified in with Aviation Partners Boeing winglets CFR Part 51 this SNPRM, contact Aviation Partners installed. The NPRM proposed to Boeing, 2811 S. 102nd Street, Suite 200, require an HFEC inspection for cracking We reviewed APB Service Bulletin Seattle, WA 98168; telephone 206–762– of the lower outboard wing skin, and AP767–57–010, Revision 11, dated 1171; Internet https:// repair or modification if necessary. The April 3, 2017. The service information www.aviationpartnersboeing.com. You NPRM also proposed to require one of describes procedures for an HFEC may view this service information at the three follow-on actions: repeating the inspection for cracking of the external FAA, Transport Standards Branch, 1601 HFEC inspections; modifying certain surface of the lower outboard wing skin Lind Avenue SW., Renton, WA. For internal stringers and oversizing and at stringer L–9.5 and on-condition information on the availability of this plugging the existing fastener holes of actions that include repetitive HFEC material at the FAA, call 425–227–1221. the lower wing; or modifying the inspections; modification by oversizing and plugging the existing fastener holes Examining the AD Docket external doubler/tripler and doing repetitive post-modification inspections. of the wing skin; repair (modification) of You may examine the AD docket on the stringer with new stringer; repair the Internet at http:// Actions Since the NPRM Was Issued (modification) of the stringer with www.regulations.gov by searching for Since we issued the NPRM, we have external doubler/tripler; repetitive post- and locating Docket No. FAA–2015– determined that new HFEC inspections repair inspections for cracking; and 1421; or in person at the Docket for cracking of an expanded area of the repair. Management Facility between 9 a.m. lower outboard wing skin are necessary We also reviewed APB Service and 5 p.m., Monday through Friday, to address the identified unsafe Bulletin AP767–57–014, Revision 1, except Federal holidays. The AD docket condition for certain airplanes. dated April 12, 2017. The service contains this SNPRM, the regulatory Aviation Partners Boeing (APB) has information describes procedures for an evaluation, any comments received, and released Service Bulletin AP767–57– HFEC inspection for cracking of the other information. The street address for 010, Revision 11, dated April 3, 2017. In lower outboard wing skin at stringer L– the Docket Office (phone: 800–647– the NPRM, we refer to APB Service 6.5 and on-condition actions that 5527) is in the ADDRESSES section. Bulletin AP767–57–010, Revision 7, include repetitive HFEC inspections; Comments will be available in the AD dated November 4, 2014, as the repair (modification) of the stringer with docket shortly after receipt. appropriate source of service new stringer; repetitive post-repair

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HFEC inspections for cracking; and new content in this proposed AD to The compliance times vary depending repair. specify that repairs of the lower on airplane configuration and This service information is reasonably outboard wing skin done after June 15, inspection area. The shortest initial available because the interested parties 2017, and before the effective date of compliance time is the later of: 1,500 have access to it through their normal this AD, that are approved by the Boeing flight cycles or 7,500 flight hours after course of business or by the means Commercial Airplanes Organization winglet installation, whichever occurs identified in the ADDRESSES section. Designation Authorization (ODA) that first; or 18 months after the effective Comments has been authorized by the Manager, date of the AD. Except for one group of Seattle ACO Branch, are approved for airplanes, the longest initial compliance We gave the public the opportunity to the applicable repairs required by time is the later of: 7,800 flight cycles participate in developing this proposed paragraphs (g) and (h) of this AD. or 23,400 flight hours after installation AD. We considered the comments of a certain modification, whichever Request To Allow Previous received. occurs first; or 18 months after the Modifications Request To Clarify Service Information effective date of the AD. For one group and Actions in the Proposed AD Air New Zealand requested that we of airplanes, the longest initial give credit for accomplishing the Multiple commenters (United compliance time is 29,000 total flight proposed modification before the Airlines, Delta Air Lines, American cycles or 111,000 total flight hours, effective date of the AD by adding the Airlines, Japan Airlines, FedEx, Boeing) whichever occurs first. required service information to requested that the actions specified in The shortest repetitive interval is paragraph (i) of the proposed AD, which APB Service Bulletin AP767–57–010, 1,500 flight cycles or 7,500 flight hours, specifies credit for previous actions. Revision 7, dated November 4, 2014, be whichever occurs first. The longest revised. Commenters noted that APB We acknowledge the comment. repetitive interval is 12,000 flight cycles Service Bulletin AP767–57–010, However, no change to this proposed or 36,000 flight hours, whichever occurs Revision 7, dated November 4, 2014, AD is necessary. Operators who first. contained multiple errors. United accomplish the actions required by an Differences Between Proposed Rule and Airlines, Delta Air Lines, American AD using the required service Service Information Airlines and Boeing also requested that information before the effective date of an AD are in compliance with the AD. the actions specified in the proposed APB Service Bulletin AP767–57–010, AD be revised for clarity because certain Paragraph (f) of this proposed AD states ‘‘comply with this AD within the Revision 11, dated April 3, 2017, and language in the proposed AD did not APB Service Bulletin AP767–57–014, match the language in APB Service compliance times specified, unless already done.’’ Credit for previous Revision 1, dated April 12, 2017, specify Bulletin AP767–57–010, Revision 7, to contact the manufacturer for dated November 4, 2014. APB stated actions in ADs is used primarily to give credit for earlier revisions of required instructions on how to repair certain APB Service Bulletin AP767–57–010, conditions, but this proposed AD would Revision 7, dated November 4, 2014, is service information that are also acceptable for compliance if done before require repairing those conditions in being revised to include corrections and one of the following ways: clarifications and additional work. APB the effective date of the AD. • In accordance with a method that recommend that we refer to updated FAA’s Determination service information. we approve; or We acknowledge the commenters’ We are proposing this AD because we • Using data that meet the request and have revised this SNPRM to evaluated all the relevant information certification basis of the airplane, and refer to the updated service information and determined the unsafe condition that have been approved by the Boeing in APB Service Bulletin AP767–57–010, described previously is likely to exist or Commercial Airplanes ODA whom we Revision 11, dated April 3, 2017, and develop in other products of the same have authorized to make those findings. APB Service Bulletin AP767–57–014, type design. Certain changes described Table 5a of paragraph 1.E., Revision 1, dated April 12, 2017. above expand the scope of the NPRM. As a result, we have determined that it ‘‘Compliance,’’ of APB Service Bulletin Request To Allow Previously Approved is necessary to reopen the comment AP767–57–010, Revision 11, dated Repairs period to provide additional April 3, 2017, does not provide a grace American Airlines, APB, and Boeing opportunity for the public to comment period for airplanes that have exceeded requested that we give credit for repairs on this SNPRM. a certain compliance time. We have in the subject area that had received added a grace period of 6 months to Proposed Requirements of This SNPRM 8100–9 approval prior to the effective paragraph (g)(2) of this proposed AD. date of the AD. This SNPRM would require Costs of Compliance We agree to give credit for repairs that accomplishing the actions specified in we have determined will address the the service information described We estimate that this proposed AD identified unsafe condition. We previously, except as discussed under affects 140 airplanes of U.S. registry. We replaced the content of paragraph (i) of ‘‘Differences Between this Proposed estimate the following costs to comply the proposed AD (in the NPRM) with Rule and the Service Information.’’ with this proposed AD:

ESTIMATED COSTS—REQUIRED ACTIONS

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

HFEC Inspections ...... 6 work-hours × $85 per hour = $510 ...... $0 $510 $71,400

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

ESTIMATED COSTS—ON-CONDITION ACTIONS

Cost per Action Labor cost Parts cost product

Post-repair Inspections ...... 6 work-hours × $85 per hour = $510 per inspection cycle ...... $0 $510 Repair/Modification ...... 262 work-hours × 85 per hour = 22,270 ...... 0 22,270

We have received no definitive data For the reasons discussed above, I (d) Subject that would enable us to provide cost certify this proposed regulation: Air Transport Association (ATA) of estimates for on-condition repairs for (1) Is not a ‘‘significant regulatory America Code 57, Wings. action’’ under Executive Order 12866, the post-repair inspections specified in (e) Unsafe Condition this proposed AD. (2) Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and This AD was prompted by reports of Authority for This Rulemaking Procedures (44 FR 11034, February 26, fatigue cracking in the lower outboard wing 1979), skin at the inboard fastener of stringer L–9.5, Title 49 of the United States Code and the lower outboard wing skin of stringer specifies the FAA’s authority to issue (3) Will not affect intrastate aviation L–6.5, on airplanes with winglets installed rules on aviation safety. Subtitle I, in Alaska, and per Supplemental Type Certificate (4) Will not have a significant section 106, describes the authority of ST01920SE. We are issuing this AD to economic impact, positive or negative, the FAA Administrator. ‘‘Subtitle VII: prevent fatigue cracking in the lower on a substantial number of small entities Aviation Programs’’ describes in more outboard wing skin, which could result in under the criteria of the Regulatory failure and subsequent separation of the wing detail the scope of the Agency’s Flexibility Act. and winglet and consequent reduced authority. controllability of the airplane. We are issuing this rulemaking under List of Subjects in 14 CFR Part 39 (f) Compliance the authority described in Subtitle VII, Air transportation, Aircraft, Aviation Part A, Subpart III, Section 44701: safety, Incorporation by reference, Comply with this AD within the ‘‘General requirements.’’ Under that compliance times specified, unless already Safety. done. section, Congress charges the FAA with promoting safe flight of civil aircraft in The Proposed Amendment (g) Repetitive Stringer L–9.5 Inspections, air commerce by prescribing regulations Accordingly, under the authority Modification, Repair (Modification), for practices, methods, and procedures delegated to me by the Administrator, Repetitive Post-Repair Inspections, and the Administrator finds necessary for the FAA proposes to amend 14 CFR part Repair safety in air commerce. This regulation 39 as follows: (1) For Group 1 and Group 2 airplanes is within the scope of that authority identified in Aviation Partners Boeing because it addresses an unsafe condition PART 39—AIRWORTHINESS Service Bulletin AP767–57–010, Revision 11, DIRECTIVES dated April 3, 2017: At the applicable time that is likely to exist or develop on specified in paragraph 1.E., ‘‘Compliance,’’ of products identified in this rulemaking ■ 1. The authority citation for part 39 Aviation Partners Boeing Service Bulletin action. continues to read as follows: AP767–57–010, Revision 11, dated April 3, This proposed AD is issued in 2017, except as required by paragraph (j)(1) Authority: 49 U.S.C. 106(g), 40113, 44701. accordance with authority delegated by of this AD: Do a high frequency eddy current the Executive Director, Aircraft § 39.13 [Amended] (HFEC) inspection for cracking of the lower outboard wing skin at stringer L–9.5, in Certification Service, as authorized by ■ 2. The FAA amends § 39.13 by adding accordance with Part 1 of the FAA Order 8000.51C. In accordance the following new airworthiness Accomplishment Instructions of Aviation with that order, issuance of ADs is directive (AD): Partners Boeing Service Bulletin AP767–57– normally a function of the Compliance The Boeing Company: Docket No. FAA– 010, Revision 11, dated April 3, 2017. and Airworthiness Division, but during 2015–1421; Product Identifier 2014–NM– (i) For airplanes on which ‘‘Condition 1’’ this transition period, the Executive 177–AD. is found, as defined in the Accomplishment Director has delegated the authority to Instructions of Aviation Partners Boeing issue ADs applicable to transport (a) Comments Due Date Service Bulletin AP767–57–010, Revision 11, category airplanes to the Director of the We must receive comments by January 11, dated April 3, 2017, during any inspection System Oversight Division. 2018. required by paragraph (g)(1) or (g)(1)(i)(A) of this AD: Do the applicable actions required Regulatory Findings (b) Affected ADs by paragraph (g)(1)(i)(A), (g)(1)(i)(B), None. (g)(1)(i)(C), or (g)(1)(i)(D) of this AD. We determined that this proposed AD (A) Repeat the inspection specified in would not have federalism implications (c) Applicability paragraph (g)(1) of this AD thereafter at the under Executive Order 13132. This This AD applies to The Boeing Company applicable times specified in paragraph 1.E., proposed AD would not have a Model 767–300 and –300F series airplanes, ‘‘Compliance,’’ of Aviation Partners Boeing substantial direct effect on the States, on certificated in any category, with Aviation Service Bulletin AP767–57–010, Revision 11, Partners Boeing winglets installed; as dated April 3, 2017. the relationship between the national identified in Aviation Partners Boeing (B) Do the applicable actions required by Government and the States, or on the Service Bulletin AP767–57–010, Revision 11, paragraphs (g)(1)(i)(B)(1), (g)(1)(i)(B)(2), and distribution of power and dated April 3, 2017; and Aviation Partners (g)(1)(i)(B)(3) of this AD. responsibilities among the various Boeing Service Bulletin AP767–57–014, (1) Before further flight, do actions levels of government. Revision 1, dated April 12, 2017. (modifications and repair (modification)) in

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accordance with Part 2, Part 3, Part 4, and applicable times specified in in paragraph (iii) For airplanes on which ‘‘Condition 3’’ Part 5, as applicable, of the Accomplishment 1.E., ‘‘Compliance,’’ of Aviation Partners is found, as defined in the Accomplishment Instructions of Aviation Partners Boeing Boeing Service Bulletin AP767–57–010, Instructions of Aviation Partners Boeing Service Bulletin AP767–57–010, Revision 11, Revision 11, dated April 3, 2017. Service Bulletin AP767–57–010, Revision 11, dated April 3, 2017. (3) If any crack is found during any dated April 3, 2017, during the actions (2) For airplanes on which the repair inspection required by paragraph specified in paragraph (g)(1)(i)(B)(1) of this (modification) specified in Part 5 of Aviation (g)(1)(i)(D)(2) of this AD, repair before further AD: Do the actions required by paragraph Partners Boeing Service Bulletin AP767–57– flight using a method approved in (g)(1)(iii)(A) or (g)(1)(iii)(B) of this AD. 010 was done: At the applicable time accordance with the procedures specified in (A) Do the actions required by paragraphs specified in paragraph 1.E., ‘‘Compliance,’’ of paragraph (k) of this AD. (g)(1)(iii)(A)(1) and (g)(1)(iii)(A)(2) of this AD, Aviation Partners Boeing Service Bulletin (ii) For airplanes on which ‘‘Condition 2’’ and do all applicable actions required by AP767–57–010, Revision 11, dated April 3, is found, as defined in the Accomplishment paragraph (g)(1)(iii)(A)(3) of this AD. 2017, do a post-repair HFEC inspection for Instructions of Aviation Partners Boeing (1) Before further flight, repair (modify) in cracking, in accordance with Part 12 of the Service Bulletin AP767–57–010, Revision 11, accordance with Part 8 of the Accomplishment Instructions of Aviation dated April 3, 2017, during any inspection Accomplishment Instructions of Aviation Partners Boeing Service Bulletin AP767–57– required by paragraph (g)(1) or (g)(1)(i)(A) of Partners Boeing Service Bulletin AP767–57– 010, Revision 11, dated April 3, 2017; and this AD: Do the actions required by 010, Revision 11, dated April 3, 2017. repeat the inspection thereafter at the paragraph (g)(1)(ii)(A) or (g)(1)(ii)(B) of this (2) At the applicable time specified in applicable times specified in paragraph 1.E., AD. paragraph 1.E., ‘‘Compliance,’’ of Aviation ‘‘Compliance,’’ of Aviation Partners Boeing (A) Do the actions required by paragraphs Partners Boeing Service Bulletin AP767–57– Service Bulletin AP767–57–010, Revision 11, (g)(1)(ii)(A)(1) and (g)(1)(ii)(A)(2) of this AD, 010, Revision 11, dated April 3, 2017, do a dated April 3, 2017. and do all applicable actions required by post-repair HFEC inspection for cracking, in (3) If any crack is found during any paragraph (g)(1)(ii)(A)(3) of this AD. accordance with Part 9 of the inspection required by paragraph (1) Before further flight, repair (modify) in Accomplishment Instructions of Aviation (g)(1)(i)(B)(2) of this AD, repair before further accordance with Part 8 of the Partners Boeing Service Bulletin AP767–57– flight using a method approved in Accomplishment Instructions of Aviation 010, Revision 11, dated April 3, 2017; and accordance with the procedures specified in Partners Boeing Service Bulletin AP767–57– repeat the inspection thereafter at the paragraph (k) of this AD. 010, Revision 11, dated April 3, 2017. applicable times specified in in paragraph (C) Do the actions required by paragraphs (2) At the applicable time specified in 1.E., ‘‘Compliance,’’ of Aviation Partners (g)(1)(i)(C)(1) and (g)(1)(i)(C)(2) of this AD, paragraph 1.E., ‘‘Compliance,’’ of Aviation Boeing Service Bulletin AP767–57–010, and do all applicable actions required by Partners Boeing Service Bulletin AP767–57– Revision 11, dated April 3, 2017. 010, Revision 11, dated April 3, 2017, do a paragraph (g)(1)(i)(C)(3) of this AD. (3) If any crack is found during any post-repair HFEC inspection for cracking, in (1) Before further flight, repair (modify) in inspection required by paragraph accordance with Part 9 of the accordance with Part 8 of the (g)(1)(iii)(A)(2) of this AD, repair before Accomplishment Instructions of Aviation Accomplishment Instructions of Aviation further flight using a method approved in Partners Boeing Service Bulletin AP767–57– accordance with the procedures specified in Partners Boeing Service Bulletin AP767–57– 010, Revision 11, dated April 3, 2017; and paragraph (k) of this AD. 010, Revision 11, dated April 3, 2017. repeat the inspection thereafter at the (B) Do the actions required by paragraphs (2) At the applicable time specified in applicable times specified in in paragraph paragraph 1.E., ‘‘Compliance,’’ of Aviation 1.E., ‘‘Compliance,’’ of Aviation Partners (g)(1)(iii)(B)(1) and (g)(1)(iii)(B)(2) of this AD, Partners Boeing Service Bulletin AP767–57– Boeing Service Bulletin AP767–57–010, and do all applicable actions required by 010, Revision 11, dated April 3, 2017, do a Revision 11, dated April 3, 2017. paragraph (g)(1)(iii)(B)(3) of this AD. post-repair HFEC inspection for cracking, in (3) If any crack is found during any (1) Before further flight, repair (modify) in accordance with Part 9 of the inspection required by paragraph accordance with Part 11 of the Accomplishment Instructions of Aviation (g)(1)(ii)(A)(2) of this AD, repair before Accomplishment Instructions of Aviation Partners Boeing Service Bulletin AP767–57– further flight using a method approved in Partners Boeing Service Bulletin AP767–57– 010, Revision 11, dated April 3, 2017; and accordance with the procedures specified in 010, Revision 11, dated April 3, 2017. repeat the inspection thereafter at the paragraph (k) of this AD. (2) At the applicable time specified in applicable times specified in in paragraph (B) Do the actions required by paragraphs paragraph 1.E., ‘‘Compliance,’’ of Aviation 1.E., ‘‘Compliance,’’ of Aviation Partners (g)(1)(ii)(B)(1) and (g)(1)(ii)(B)(2) of this AD, Partners Boeing Service Bulletin AP767–57– Boeing Service Bulletin AP767–57–010, and do all applicable actions required by 010, Revision 11, dated April 3, 2017, do a Revision 11, dated April 3, 2017. paragraph (g)(1)(ii)(B)(3) of this AD. post-repair HFEC inspection for cracking, in (3) If any crack is found during any (1) Before further flight, repair (modify) in accordance with Part 13 of the inspection required by paragraph accordance with Part 11 of the Accomplishment Instructions of Aviation (g)(1)(i)(C)(2) of this AD, repair before further Accomplishment Instructions of Aviation Partners Boeing Service Bulletin AP767–57– flight using a method approved in Partners Boeing Service Bulletin AP767–57– 010, Revision 11, dated April 3, 2017; and accordance with the procedures specified in 010, Revision 11, dated April 3, 2017. repeat the inspection thereafter at the paragraph (k) of this AD. (2) At the applicable time specified in applicable times specified in in paragraph (D) Do the actions required by paragraphs paragraph 1.E., ‘‘Compliance,’’ of Aviation 1.E., ‘‘Compliance,’’ of Aviation Partners (g)(1)(i)(D)(1) and (g)(1)(i)(D)(2) of this AD, Partners Boeing Service Bulletin AP767–57– Boeing Service Bulletin AP767–57–010, and do all applicable actions required by 010, Revision 11, dated April 3, 2017, do a Revision 11, dated April 3, 2017. paragraph (g)(1)(i)(D)(3) of this AD. post-repair HFEC inspection for cracking, in (3) If any crack is found during any (1) Before further flight, repair (modify) in accordance with Part 13 of the inspection required by paragraph accordance with Part 11 of the Accomplishment Instructions of Aviation (g)(1)(iii)(B)(2) of this AD, repair before Accomplishment Instructions of Aviation Partners Boeing Service Bulletin AP767–57– further flight using a method approved in Partners Boeing Service Bulletin AP767–57– 010, Revision 11, dated April 3, 2017; and accordance with the procedures specified in 010, Revision 11, dated April 3, 2017. repeat the inspection thereafter at the paragraph (k) of this AD. (2) At the applicable time specified in applicable times specified in in paragraph (iv) For airplanes on which ‘‘Condition 4’’ paragraph 1.E., ‘‘Compliance,’’ of Aviation 1.E., ‘‘Compliance,’’ of Aviation Partners is found, as defined in the Accomplishment Partners Boeing Service Bulletin AP767–57– Boeing Service Bulletin AP767–57–010, Instructions of Aviation Partners Boeing 010, Revision 11, dated April 3, 2017, do a Revision 11, dated April 3, 2017. Service Bulletin AP767–57–010, Revision 11, post-repair HFEC inspection for cracking, in (3) If any crack is found during any dated April 3, 2017, during any action accordance with Part 13 of the inspection required by paragraph specified in paragraph (g)(1)(i)(C)(1), Accomplishment Instructions of Aviation (g)(1)(ii)(B)(2) of this AD, repair before (g)(1)(i)(D)(1), (g)(1)(ii)(A)(1), (g)(1)(ii)(B)(1), Partners Boeing Service Bulletin AP767–57– further flight using a method approved in (g)(1)(iii)(A)(1), and (g)(1)(iii)(B)(1) of this 010, Revision 11, dated April 3, 2017; and accordance with the procedures specified in AD: Repair before further flight using a repeat the inspection thereafter at the paragraph (k) of this AD. method approved in accordance with the

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procedures specified in paragraph (k) of this (iii) If any crack is found during any 14 CFR 39.19, send your request to your AD. inspection required by paragraph (h)(2)(ii) of principal inspector or local Flight Standards (2) For Group 3 airplanes identified in this AD, repair before further flight using a District Office, as appropriate. If sending Aviation Partners Boeing Service Bulletin method approved in accordance with the information directly to the manager of the AP767–57–010, Revision 11, dated April 3, procedures specified in paragraph (k) of this certification office, send it to the attention of 2017: At the applicable time specified in AD. the person identified in paragraph (l)(1) of paragraph 1.E., ‘‘Compliance,’’ of Aviation (3) As an option to the repetitive this AD. Information may be emailed to: 9– Partners Boeing Service Bulletin AP767–57– inspections required by paragraph (h)(1) of [email protected]. 010, Revision 11, dated April 3, 2017, or this AD, do the actions required by (2) Before using any approved AMOC, within 6 months after the effective date of paragraphs (h)(3)(i) and (h)(3)(ii) of this AD, notify your appropriate principal inspector, this AD, whichever occurs later, do an HFEC and do all applicable actions required by or lacking a principal inspector, the manager inspection for cracking of the lower outboard paragraph (h)(3)(iii) of this AD. of the local flight standards district office/ wing skin at stringer L–9.5, in accordance (i) Before further flight after accomplishing certificate holding district office. with Part 7 of the Accomplishment the most recent inspection required by (3) An AMOC that provides an acceptable Instructions of Aviation Partners Boeing paragraph (h)(1) of this AD, repair (modify) level of safety may be used for any repair, Service Bulletin AP767–57–010, Revision 11, stringer L–6.5, in accordance with Part 2 of modification, or alteration required by this dated April 3, 2017. Repeat the inspection the Accomplishment Instructions of Aviation AD if it is approved by the Boeing thereafter at the applicable time specified in Partners Boeing Service Bulletin AP767–57– Commercial Airplanes ODA that has been paragraph 1.E., ‘‘Compliance,’’ of Aviation 014, Revision 1, dated April 12, 2017. authorized by the Manager, Seattle ACO Partners Boeing Service Bulletin AP767–57– (ii) At the applicable time specified in Branch, to make those findings. To be 010, Revision 11, dated April 3, 2017. If any paragraph 1.E., ‘‘Compliance,’’ of Aviation approved, the repair method, modification cracking is found during any inspection, Partners Boeing Service Bulletin AP767–57– deviation, or alteration deviation must meet repair before further flight using a method 014, Revision 1, dated April 12, 2017, except the certification basis of the airplane, and the approved in accordance with the procedures as required by paragraph (j)(2) of this AD, do approval must specifically refer to this AD. specified in paragraph (k) of this AD. An a post-repair HFEC inspection for cracking, (4) Except as required by paragraphs approved repair terminates the repetitive in accordance with Part 3 of the (g)(1)(i)(B)(3), (g)(1)(i)(C)(3), (g)(1)(i)(D)(3), inspections required by paragraph (g)(2) of Accomplishment Instructions of Aviation (g)(1)(ii)(A)(3), (g)(1)(ii)(B)(3), (g)(1)(iii)(A)(3), this AD. Partners Boeing Service Bulletin AP767–57– (g)(1)(iii)(B)(3), (g)(1)(iv), (g)(2), (h)(2)(iii), and (h)(3)(iii) of this AD: For service (h) Repetitive Stringer L–6.5 Inspections, 014, Revision 1, dated April 12, 2017, and repeat the inspection thereafter at the information that contains steps that are Repair (Modification), Repetitive Post- labeled as Required for Compliance (RC), the Repair Inspections, and Repair applicable times specified in paragraph 1.E., ‘‘Compliance,’’ of Aviation Partners Boeing provisions of paragraphs (k)(4)(i) and (1) For airplanes identified in Boeing Service Bulletin AP767–57–014, Revision 1, (k)(4)(ii) of this AD apply. Service Bulletin AP767–57–014, Revision 1, dated April 12, 2017. (i) The steps labeled as RC, including dated April 12, 2017: At the applicable time (iii) If any crack is found during any substeps under an RC step and any figures specified in paragraph 1.E., ‘‘Compliance,’’ of inspection required by paragraph (h)(3)(ii) of identified in an RC step, must be done to Aviation Partners Boeing Service Bulletin this AD, repair before further flight using a comply with the AD. If a step or substep is AP767–57–014, Revision 1, dated April 12, method approved in accordance with the labeled ‘‘RC Exempt,’’ then the RC 2017, except as required by paragraph (j)(2) procedures specified in paragraph (k) of this requirement is removed from that step or of this AD: Do an HFEC inspection for AD. substep. An AMOC is required for any cracking of stringer L–6.5 of the lower deviations to RC steps, including substeps outboard wing skin, in accordance with Part (i) Repair Approval and identified figures. 1 of Aviation Partners Boeing Service Repairs of the lower outboard wing skin (ii) Steps not labeled as RC may be Bulletin AP767–57–014, Revision 1, dated done after June 15, 2017, and before the deviated from using accepted methods in April 12, 2017. If no cracking is found, repeat effective date of this AD, that are approved accordance with the operator’s maintenance the inspection thereafter at the applicable by the Boeing Commercial Airplanes or inspection program without obtaining times specified in paragraph 1.E., Organization Designation Authorization approval of an AMOC, provided the RC steps, ‘‘Compliance,’’ of Aviation Partners Boeing (ODA) that has been authorized by the including substeps and identified figures, can Service Bulletin AP767–57–014, Revision 1, Manager, Seattle ACO Branch, are approved still be done as specified, and the airplane dated April 12, 2017, except as provided by for the applicable repairs required by can be put back in an airworthy condition. paragraph (h)(3) of this AD. paragraphs (g) and (h) of this AD. (l) Related Information (2) If any crack is found during any inspection required by paragraph (h)(1) of (j) Exceptions to Service Information (1) For more information about this AD, this AD, do the actions required by Specifications contact Allen Rauschendorfer, Aerospace paragraphs (h)(2)(i) and (h)(2)(ii) of this AD, (1) Where paragraph 1.E., ‘‘Compliance,’’ of Engineer, Airframe Section, FAA, Seattle and do all applicable actions required by Aviation Partners Boeing Service Bulletin ACO Branch, 1601 Lind Avenue SW., paragraph (h)(2)(iii) of this AD. AP767–57–010, Revision 11, dated April 3, Renton, WA 98057–3356; phone: 425–917– (i) Before further flight, repair (modify) 2017, specifies a compliance time of ‘‘after 6450; fax: 425–917–6590; email: [email protected]. stringer L–6.5, in accordance with Part 2 of the issue date of Revision 11 of this service (2) For service information identified in the Accomplishment Instructions of Aviation bulletin,’’ this AD requires compliance this AD, contact Aviation Partners Boeing, Partners Boeing Service Bulletin AP767–57– within the specified compliance time after 2811 S. 102nd Street, Suite 200, Seattle, WA 014, Revision 1, dated April 12, 2017. the effective date of this AD. 98168; telephone 206–762–1171; Internet (ii) At the applicable time specified in (2) Where paragraph 1.E., ‘‘Compliance,’’ of https://www.aviationpartnersboeing.com. paragraph 1.E., ‘‘Compliance,’’ of Aviation Aviation Partners Boeing Service Bulletin You may view this referenced service Partners Boeing Service Bulletin AP767–57– AP767–57–014, Revision 1, dated April 12, information at the FAA, Transport Standards 014, Revision 1, dated April 12, 2017, except 2017, specifies a compliance time of ‘‘after Branch, 1601 Lind Avenue SW., Renton, WA. as required by paragraph (j)(2) of this AD, do the initial issue date of this service bulletin,’’ For information on the availability of this an HFEC post-repair inspection for cracking, this AD requires compliance within the material at the FAA, call 425–227–1221. in accordance with Part 3 of the specified compliance time after the effective Accomplishment Instructions of Aviation date of this AD. Issued in Renton, Washington, on Partners Boeing Service Bulletin AP767–57– November 3, 2017. (k) Alternative Methods of Compliance 014, Revision 1, dated April 12, 2017, and Jeffrey E. Duven, repeat the inspection thereafter at the (AMOCs) Director, System Oversight Division, Aircraft applicable times specified in paragraph 1.E., (1) The Manager, Seattle ACO Branch, Certification Service. ‘‘Compliance,’’ of Aviation Partners Boeing FAA, has the authority to approve AMOCs Service Bulletin AP767–57–014, Revision 1, for this AD, if requested using the procedures [FR Doc. 2017–24502 Filed 11–24–17; 8:45 am] dated April 12, 2017. found in 14 CFR 39.19. In accordance with BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION Group, Eastern Service Center, Federal public docket both before and after the Aviation Administration, P.O. Box comment closing date. A report Federal Aviation Administration 20636, Atlanta, Georgia 30320; summarizing each substantive public telephone (404) 305–6364. contact with FAA personnel concerned 14 CFR Part 71 SUPPLEMENTARY INFORMATION: with this rulemaking will be filed in the docket. [Docket No. FAA–2017–0802; Airspace Authority for This Rulemaking Docket No. 17–ASO–18] Availability of NPRMs The FAA’s authority to issue rules Proposed Amendment of Class E regarding aviation safety is found in An electronic copy of this document Airspace, Clanton, AL Title 49 of the United States Code. may be downloaded through the Subtitle I, Section 106 describes the internet at http://www.regulations.gov. AGENCY: Federal Aviation authority of the FAA Administrator. Recently published rulemaking Administration (FAA), DOT. Subtitle VII, Aviation Programs, documents can also be accessed through ACTION: Notice of proposed rulemaking describes in more detail the scope of the the FAA’s Web page at http:// (NPRM). agency’s authority. This rulemaking is www.faa.gov/air_traffic/publications/ airspace_amendments/. SUMMARY: This action proposes to promulgated under the authority You may review the public docket amend Class E airspace at Chilton described in Subtitle VII, Part A, containing the proposal, any comments County Airport (formerly Gragg-Wade Subpart I, Section 40103. Under that received, and any final disposition in Field Airport), Clanton, AL, to section, the FAA is charged with person in the Dockets Office (see the accommodate airspace reconfiguration prescribing regulations to assign the use ADDRESSES section for address and due to the decommissioning of the of airspace necessary to ensure the phone number) between 9:00 a.m. and Gragg-Wade non-directional radio safety of aircraft and the efficient use of 5:00 p.m., Monday through Friday, beacon (NDB), and cancellation of the airspace. This regulation is within the NDB approach. Controlled airspace is scope of that authority as it would except federal holidays. An informal necessary for the safety and amend Class E airspace at Chilton docket may also be examined between management of instrument flight rules County Airport, Clanton, AL, to support 8:00 a.m. and 4:30 p.m., Monday (IFR) operations at the airport. This IFR operations at the airport. through Friday, except federal holidays at the office of the Eastern Service action also would update the geographic Comments Invited coordinates of the airport. Center, Federal Aviation Interested persons are invited to Administration, Room 350, 1701 DATES: Comments must be received on comment on this proposed rulemaking Columbia Avenue, College Park, GA or before January 11, 2018. by submitting such written data, views, 30337. ADDRESSES: Send comments on this or arguments, as they may desire. proposal to: U.S. Department of Comments that provide the factual basis Availability and Summary of Transportation, Docket Operations, 1200 supporting the views and suggestions Documents for Incorporation by New Jersey Avenue SE., West Building presented are particularly helpful in Reference Ground Floor, Room W12–140, developing reasoned regulatory This document proposes to amend Washington, DC 20590; Telephone: decisions on the proposal. Comments FAA Order 7400.11B, Airspace (800) 647–5527, or (202) 366–9826. You are specifically invited on the overall Designations and Reporting Points, must identify the Docket No. FAA– regulatory, aeronautical, economic, dated August 3, 2017, and effective 2017–0802; Airspace Docket No. 17– environmental, and energy-related September 15, 2017. FAA Order ASO–18, at the beginning of your aspects of the proposal. 7400.11B is publicly available as listed comments. You may also submit Communications should identify both in the ADDRESSES section of this comments through the Internet at http:// docket numbers (Docket No. FAA– document. FAA Order 7400.11B lists www.regulations.gov. 2017–0802 and Airspace Docket No. 17– Class A, B, C, D, and E airspace areas, FAA Order 7400.11B, Airspace ASO–18) and be submitted in triplicate air traffic service routes, and reporting Designations and Reporting Points, and to DOT Docket Operations (see points. subsequent amendments can be viewed ‘‘ADDRESSES’’ section for the address on line at http://www.faa.gov/air_ and phone number.) You may also The Proposal traffic/publications/. For further submit comments through the Internet The FAA is considering an information, you can contact the at http://www.regulations.gov. amendment to Title 14, Code of Federal Airspace Policy Group, Federal Aviation Persons wishing the FAA to Regulations (14 CFR) part 71 to amend Administration, 800 Independence acknowledge receipt of their comments Class E airspace extending upward from Avenue SW., Washington, DC, 20591; on this action must submit with those 700 feet or more above the surface telephone: (202) 267–8783. The Order is comments a self-addressed stamped within a 7.7-mile radius (increased from also available for inspection at the postcard on which the following a 6.3-mile radius) of Chilton County National Archives and Records statement is made: ‘‘Comments to FAA Airport, Clanton, AL, due to the Administration (NARA). For Docket No. FAA–2017–0802; Airspace decommissioning of the Gragg-Wade information on the availability of FAA Docket No. 17–ASO–18.’’ The postcard NDB, and cancellation of the NDB Order 7400.11B at NARA, call (202) will be date/time stamped and returned approach. The changes would enhance 741–6030, or go to https:// to the commenter. the safety and management of IFR www.archives.gov/federal-register/cfr/ All communications received before operations at the airport. The geographic ibr-locations.html. the specified closing date for comments coordinates of the airport also would be FAA Order 7400.11, Airspace will be considered before taking action adjusted to coincide with the FAAs Designations and Reporting Points, is on the proposed rule. The proposal aeronautical database, and the airport published yearly and effective on contained in this document may be name would be updated to Chilton September 15. changed in light of the comments County Airport. FOR FURTHER INFORMATION, CONTACT: received. All comments submitted will Class E airspace designations are John Fornito, Operations Support be available for examination in the published in Paragraph 6005 of FAA

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Order 7400.11B, dated August 3, 2017, Paragraph 6005 Class E Airspace Areas Administration, 800 Independence and effective September 15, 2017, which Extending Upward From 700 feet or More Avenue SW., Washington, DC 20591; is incorporated by reference in 14 CFR Above the Surface of the Earth. telephone: (202) 267–8783. The Order is 71.1. The Class E airspace designation * * * * * also available for inspection at the listed in this document will be ASO AL E5 Clanton, AL [Amended] National Archives and Records published subsequently in the Order. Administration (NARA). For Chilton County Airport, AL information on the availability of FAA Regulatory Notices and Analyses (Lat. 32°51′02″ N., long. 86°36′41″ W.) Order 7400.11B at NARA, call (202) The FAA has determined that this That airspace extending upward from 700 741–6030, or go to www.archives.gov/ feet above the surface within a 7.7-mile federal-register/cfr/ibr-locations.html. proposed regulation only involves an radius of Chilton County Airport. established body of technical FAA Order 7400.11, Airspace regulations for which frequent and Issued in College Park, Georgia, on Designations and Reporting Points, is routine amendments are necessary to November 16, 2017. published yearly and effective on keep them operationally current. It, Ryan W. Almasy, September 15. therefore: (1) Is not a ‘‘significant Manager, Operations Support Group, Eastern FOR FURTHER INFORMATION CONTACT: Tom regulatory action’’ under Executive Service Center, Air Traffic Organization. Clark, Federal Aviation Administration, Order 12866; (2) is not a ‘‘significant [FR Doc. 2017–25309 Filed 11–24–17; 8:45 am] Operations Support Group, Western rule’’ under DOT Regulatory Policies BILLING CODE 4910–13–P Service Center, 1601 Lind Avenue SW., and Procedures (44 FR 11034; February Renton, WA 98057; telephone (425) 26, 1979); and (3) does not warrant 203–4511. DEPARTMENT OF TRANSPORTATION preparation of a Regulatory Evaluation SUPPLEMENTARY INFORMATION: as the anticipated impact is so minimal. Federal Aviation Administration Since this is a routine matter that will Authority for This Rulemaking only affect air traffic procedures and air 14 CFR Part 71 The FAA’s authority to issue rules navigation, it is certified that this regarding aviation safety is found in proposed rule, when promulgated, will [Docket No. FAA–2017–0897; Airspace Title 49 of the United States Code. not have a significant economic impact Docket No. 17–ANM–22] Subtitle I, Section 106 describes the on a substantial number of small entities authority of the FAA Administrator. under the criteria of the Regulatory Proposed Establishment of Class E Airspace; Spanish Fork, UT Subtitle VII, Aviation Programs, Flexibility Act. describes in more detail the scope of the Environmental Review AGENCY: Federal Aviation agency’s authority. This rulemaking is Administration (FAA), DOT. promulgated under the authority This proposal will be subject to an ACTION: Notice of proposed rulemaking described in Subtitle VII, Part A, environmental analysis in accordance (NPRM). Subpart I, Section 40103. Under that with FAA Order 1050.1F, section, the FAA is charged with ‘‘Environmental Impacts: Policies and SUMMARY: This action proposes to prescribing regulations to assign the use Procedures’’ prior to any FAA final establish Class E airspace extending of airspace necessary to ensure the regulatory action. upward from 700 feet above the surface, safety of aircraft and the efficient use of at Spanish Fork Airport Springville- Lists of Subjects in 14 CFR Part 71 airspace. This regulation is within the Woodhouse Field, Spanish Fork, UT, to scope of that authority as it would Airspace, Incorporation by reference, accommodate new area navigation establish Class E airspace to support Navigation (air). (RNAV) procedures at the airport. This new RNAV procedures at Spanish Fork action would ensure the safety and Airport Springville-Woodhouse Field, The Proposed Amendment management of Instrument Flight Rules Spanish Fork, UT. In consideration of the foregoing, the (IFR) operations within the National Comments Invited Federal Aviation Administration Airspace System. proposes to amend 14 CFR part 71 as DATES: Comments must be received on Interested parties are invited to follows: or before January 11, 2018. participate in this proposed rulemaking ADDRESSES: Send comments on this by submitting such written data, views, PART 71—DESIGNATION OF CLASS A, proposal to the U.S. Department of or arguments, as they may desire. B, C, D, AND E AIRSPACE AREAS; AIR Transportation, Docket Operations, 1200 Comments that provide the factual basis TRAFFIC SERVICE ROUTES; AND New Jersey Avenue SE., West Building supporting the views and suggestions REPORTING POINTS Ground Floor, Room W12–140, presented are particularly helpful in Washington, DC 20590; telephone: developing reasoned regulatory ■ 1. The authority citation for part 71 1(800) 647–5527, or (202) 366–9826. decisions on the proposal. Comments continues to read as follows: You must identify FAA Docket No. are specifically invited on the overall Authority: 49 U.S.C. 106(f), 106(g); 40103, FAA–2017–0897; Airspace Docket No. regulatory, aeronautical, economic, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 17–ANM–22, at the beginning of your environmental, and energy-related 1959–1963 Comp., p. 389. comments. You may also submit aspects of the proposal. comments through the Internet at http:// Communications should identify both § 71.1 [Amended] www.regulations.gov. docket numbers and be submitted in ■ 2. The incorporation by reference in FAA Order 7400.11B, Airspace triplicate to the address listed above. 14 CFR 71.1 of Federal Aviation Designations and Reporting Points, and Persons wishing the FAA to Administration Order 7400.11B, subsequent amendments can be viewed acknowledge receipt of their comments Airspace Designations and Reporting online at http://www.faa.gov/air_traffic/ on this notice must submit with those Points, dated August 3, 2017, and publications/. For further information, comments a self-addressed, stamped effective September 15, 2017, is you can contact the Airspace Policy postcard on which the following amended as follows: Group, Federal Aviation statement is made: ‘‘Comments to

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Docket No. FAA–2017–0897; Airspace Class E airspace designations are effective September 15, 2017, is Docket No. 17–ANM–22’’. The postcard published in paragraph 6005 of FAA amended as follows: will be date/time stamped and returned Order 7400.11B, dated August 3, 2017, Paragraph 6005 Class E Airspace Areas to the commenter. and effective September 15, 2017, which Extending Upward From 700 Feet or More All communications received before is incorporated by reference in 14 CFR Above the Surface of the Earth. the specified closing date for comments 71.1. The Class E airspace designations * * * * * will be considered before taking action listed in this document will be on the proposed rule. The proposal published subsequently in the Order. ANM UT E5 Spanish Fork, UT [New] Spanish Fork Airport Springville-Woodhouse contained in this notice may be changed Regulatory Notices and Analyses in light of the comments received. A Field, UT ° ′ ″ ° ′ ″ report summarizing each substantive The FAA has determined that this (Lat. 40 08 42 N., long. 111 40 04 W.) public contact with FAA personnel regulation only involves an established That airspace extending upward from 700 concerned with this rulemaking will be body of technical regulations for which feet above the surface within a 6.5-mile filed in the docket. frequent and routine amendments are radius of Spanish Fork Airport Springville- necessary to keep them operationally Woodhouse Field. Availability of NPRMs current, is non-controversial and Issued in Seattle, Washington, on An electronic copy of this document unlikely to result in adverse or negative November 14, 2017. may be downloaded through the comments. It, therefore: (1) Is not a Brian J. Johnson, Internet at http://www.regulations.gov. ‘‘significant regulatory action’’ under Acting Manager, Operations Support Group, Recently published rulemaking Executive Order 12866; (2) is not a Western Service Center. documents can also be accessed through ‘‘significant rule’’ under DOT [FR Doc. 2017–25419 Filed 11–24–17; 8:45 am] the FAA’s Web page at http:// Regulatory Policies and Procedures (44 BILLING CODE 4910–13–P www.faa.gov/air_traffic/publications/ FR 11034; February 26, 1979); and (3) airspace_amendments/. does not warrant preparation of a You may review the public docket regulatory evaluation as the anticipated ENVIRONMENTAL PROTECTION containing the proposal, any comments impact is so minimal. Since this is a AGENCY received, and any final disposition in routine matter that will only affect air person in the Dockets Office (see the traffic procedures and air navigation, it 40 CFR Part 52 ADDRESSES section for the address and is certified that this rule, when promulgated, would not have a [EPA–R09–OAR–2017–0468; FRL–9971–20– phone number) between 9:00 a.m. and Region 9] 5:00 p.m., Monday through Friday, significant economic impact on a except federal holidays. An informal substantial number of small entities Approval of Arizona Air Plan docket may also be examined during under the criteria of the Regulatory Revisions, Arizona Department of normal business hours at the Northwest Flexibility Act. Environmental Quality Mountain Regional Office of the Federal Environmental Review Aviation Administration, Air Traffic AGENCY: Environmental Protection Organization, Western Service Center, This proposal will be subject to an Agency (EPA). Operations Support Group, 1601 Lind environmental analysis in accordance ACTION: Proposed rule. Avenue SW., Renton, WA 98057. with FAA Order 1050.1F, ‘‘Environmental Impacts: Policies and SUMMARY: The Environmental Protection Availability and Summary of Procedures’’ prior to any FAA final Agency (EPA) is proposing to approve a Documents for Incorporation by regulatory action. revision to the Arizona Department of Reference Environmental Quality (ADEQ) portion List of Subjects in 14 CFR Part 71 This document proposes to amend of the Arizona State Implementation FAA Order 7400.11B, Airspace Airspace, Incorporation by reference, Plan (SIP). This revision concerns Designations and Reporting Points, Navigation (air). emissions of lead-bearing fugitive dust from roads, storage piles and other dated August 3, 2017, and effective The Proposed Amendment September 15, 2017. FAA Order activities associated with the primary Accordingly, pursuant to the 7400.11B is publicly available as listed copper smelter located in Hayden, authority delegated to me, the Federal in the ADDRESSES section of this Arizona. We are proposing to approve a Aviation Administration proposes to document. FAA Order 7400.11B lists state rule and associated appendix to amend 14 CFR part 71 as follows: Class A, B, C, D, and E airspace areas, regulate these emissions under the Clean Air Act (CAA or the Act). We are air traffic service routes, and reporting PART 71—DESIGNATION OF CLASS A, points. taking comments on this proposal and B, C, D, AND E AIRSPACE AREAS; AIR plan to follow with a final action. TRAFFIC SERVICE ROUTES; AND The Proposal DATES: REPORTING POINTS Any comments must arrive by The FAA is proposing an amendment December 27, 2017. to Title 14 Code of Federal Regulations ■ 1. The authority citation for 14 CFR ADDRESSES: Submit your comments, (14 CFR) part 71 by establishing Class E part 71 continues to read as follows: identified by Docket ID No. EPA–R09– airspace extending upward from 700 Authority: 49 U.S.C. 106(f), 106(g), 40103, OAR–2017–0468 at http:// feet above the surface at Spanish Fork 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, www.regulations.gov, or via email to Airport Springville-Woodhouse Field, 1959–1963 Comp., p. 389. Christine Vineyard, Rulemaking Office Spanish Fork, UT, within a 6.5-mile at [email protected]. For radius of the airport. This proposed § 71.1 [Amended] comments submitted at Regulations.gov, airspace is necessary to support the new ■ 2. The incorporation by reference in follow the online instructions for RNAV procedures for runways 12 and 14 CFR 71.1 of FAA Order 7400.11B, submitting comments. Once submitted, 30 for the safety and management of IFR Airspace Designations and Reporting comments cannot be removed or edited operations at the airport. Points, dated August 3, 2017, and from Regulations.gov. For either manner

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of submission, the EPA may publish any For the full EPA public comment policy, C. What is the purpose of the submitted comment received to its public docket. information about CBI or multimedia rule and appendix? Do not submit electronically any submissions, and general guidance on II. The EPA’s Evaluation and Action information you consider to be making effective comments, please visit A. How is the EPA evaluating the rule and Confidential Business Information (CBI) http://www2.epa.gov/dockets/ appendix? or other information whose disclosure is commenting-epa-dockets. B. Do the rule and appendix meet the restricted by statute. Multimedia evaluation criteria? FOR FURTHER INFORMATION CONTACT: C. EPA Recommendations To Further submissions (audio, video, etc.) must be Christine Vineyard, EPA Region IX, Improve the Rule and Appendix accompanied by a written comment. (415) 947–4125, vineyard.christine@ D. Public Comment and Proposed Action The written comment is considered the epa.gov. III. Incorporation by Reference official comment and should include SUPPLEMENTARY INFORMATION: IV. Statutory and Executive Order Reviews discussion of all points you wish to make. The EPA will generally not Throughout this document, ‘‘we,’’ ‘‘us’’ I. The State’s Submittal and ‘‘our’’ refer to the EPA. consider comments or comment A. What rule and appendix did the State contents located outside of the primary Table of Contents submit? submission (i.e., on the Web, cloud, or I. The State’s Submittal other file sharing system). For A. What rule and appendix did the State Table 1 lists the rule and appendix additional submission methods, please submit? addressed by this proposal with the contact the person identified in the FOR B. Are there other versions of this rule and dates that they were submitted by FURTHER INFORMATION CONTACT section. appendix? ADEQ.

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Submitted

ADEQ ...... R18–2–B1301.01 .. Limits on Lead-Bearing Fugitive Dust from the Hayden Smelter ...... 04/06/17 ADEQ ...... Appendix 15 ...... Test Methods for Determining Opacity and Stabilization of Unpaved Roads ...... 04/06/17

On July 17, 2017 the EPA determined interfere with applicable requirements Clean Air Act Amendments of 1990’’ (58 that the submittal for ADEQ Rule R18– concerning attainment and reasonable FR 67748, December 22, 1993). 2–B1301.01 and Appendix 15 met the further progress or other CAA 2. ‘‘Issues Relating to VOC Regulation completeness criteria in 40 CFR part 51 requirements (see CAA section 110(l)), Cutpoints, Deficiencies, and Deviations,’’ Appendix V, which must be met before and must not modify certain SIP control EPA, May 25, 1988 (the Bluebook, formal EPA review. requirements in nonattainment areas revised January 11, 1990). without ensuring equivalent or greater 3. ‘‘Guidance Document for Correcting B. Are there other versions of this rule Common VOC & Other Rule and appendix? emissions reductions (see CAA section 193). On September 3, 2014 the EPA Deficiencies,’’ EPA Region 9, August 21, There are no previous versions of issued a final rule redesignating the 2001 (the Little Bluebook). Rule 18–2–B1301.01 and Appendix 15 Hayden, Arizona area to nonattainment 4. ‘‘Implementation of the 2008 Lead in the SIP. for the 2008 lead NAAQS (79 FR 52205). National Ambient Air Quality Standards Guide to Developing Reasonable C. What is the purpose of the submitted Under CAA section 172(c)(1), the Available Control Measures (RACM) for rule and appendix? Arizona SIP must provide for implementation of all reasonably Controlling Lead Emissions,’’ EPA–457/ On November 12, 2008 the EPA R–12–001, March 2012. published a final rule revising the lead available control measures (RACM), National Ambient Air Quality Standards including reasonably available control B. Do the rule and appendix meet the (NAAQS). The revisions to the primary technology (RACT) for lead, and must evaluation criteria? and secondary lead NAAQS were to provide for attainment of the NAAQS in We have determined that the rule and provide increased protection for the Hayden nonattainment area. The appendix are consistent with CAA children and other at-risk populations EPA will address the overall RACM/ against an array of health effects RACT requirement for the Hayden lead requirements and relevant guidance including neurological effects. Section nonattainment area separately, in the regarding enforceability and SIP 110(a) of the CAA requires States to context of our action on the ‘‘SIP revisions. R18–2–B1301.01 establishes submit regulations that control lead Revision: Hayden Lead Nonattainment controls for lead-bearing fugitive dust emissions. ADEQ Rule R18–2–B1302.01 Area’’ submitted by ADEQ to the EPA emissions surrounding the Hayden and Appendix 15 establish control on March 3, 2017. Therefore, our copper smelter that include a facility- requirements and test methods for lead- stringency evaluation considers whether wide 20% opacity limit, wind fences for bearing fugitive dust sources at the Rule 18–2–B1301.01 implements storage piles and chemical dust- Hayden primary copper smelter. The reasonable controls for leaded fugitive suppression application for unpaved EPA’s technical support document dust at the Hayden primary copper roads. Appendix 15 describes (TSD) has more information about this smelter. appropriate test methods to help ensure rule and appendix. Guidance and policy documents that enforceability. We also have determined we use to evaluate enforceability, II. The EPA’s Evaluation and Action that R18–2–B1301.01 generally revision/relaxation and rule stringency implements reasonably available A. How is the EPA evaluating the rule requirements for the applicable criteria controls for lead-bearing fugitive dust at and appendix? pollutants include the following: the Hayden smelter. The TSD has more SIP rules must be enforceable (see 1. ‘‘Addendum to the General Preamble for information on our evaluation. CAA section 110(a)(2)), must not the Implementation of Title I of the

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C. EPA Recommendations To Further • is certified as not having a ENVIRONMENTAL PROTECTION Improve the Rule and Appendix significant economic impact on a AGENCY substantial number of small entities The TSD describes additional 40 CFR Part 147 revisions that we recommend for the under the Regulatory Flexibility Act (5 next time ADEQ modifies the rule and U.S.C. 601 et seq.); [EPA–HQ–OW–2017–0584; FRL–9970–73– appendix. • does not contain any unfunded OW] D. Public Comment and Proposed mandate or significantly or uniquely State of Idaho Voluntary Transfer of Action affect small governments, as described Primacy of the Class II Underground in the Unfunded Mandates Reform Act Injection Control Program to the As authorized in section 110(k)(3) of of 1995 (Pub. L. 104–4); the Act, the EPA proposes to fully Environmental Protection Agency • does not have Federalism approve the submitted rule and AGENCY: Environmental Protection appendix because they fulfill all implications as specified in Executive Agency (EPA). Order 13132 (64 FR 43255, August 10, relevant requirements. We will accept ACTION: Proposed rule. comments from the public on this 1999); proposal until December 27, 2017. If we • is not an economically significant SUMMARY: The Environmental Protection take final action to approve the regulatory action based on health or Agency (EPA) is providing notice of the submitted rule and appendix, our final safety risks subject to Executive Order transfer of the state of Idaho’s action will incorporate them into the 13045 (62 FR 19885, April 23, 1997); Underground Injection Control (UIC) program for Class II injection wells from federally enforceable SIP. • is not a significant regulatory action Idaho to EPA, and is concurrently III. Incorporation by Reference subject to Executive Order 13211 (66 FR issuing a proposed rule to amend EPA’s In this rule, the EPA is proposing to 28355, May 22, 2001); UIC regulations to reflect such transfer. include in a final EPA rule regulatory • is not subject to requirements of This transfer would be effective upon text that includes incorporation by Section 12(d) of the National publication in the Federal Register of a reference. In accordance with Technology Transfer and Advancement final rule revising such regulations. requirements of 1 CFR 51.5, the EPA is Act of 1995 (15 U.S.C. 272 note) because Idaho submitted a formal request that proposing to incorporate by reference application of those requirements would EPA transfer and directly implement the the ADEQ rules described in Table 1 of be inconsistent with the CAA; and Class II UIC Program. Idaho would this preamble. The EPA has made, and maintain primacy for Class I, III, IV, and • does not provide the EPA with the will continue to make, these materials V injection wells pursuant to their EPA- discretionary authority to address available through www.regulations.gov approved program in 1985. and at the EPA Region IX Office (please disproportionate human health or DATES: Comments must be received on contact the person identified in the FOR environmental effects with practical, or before January 11, 2018. A public FURTHER INFORMATION CONTACT section of appropriate, and legally permissible hearing will be held only if there is this preamble for more information). methods under Executive Order 12898 significant public interest. Request for a (59 FR 7629, February 16, 1994). public hearing will be accepted until IV. Statutory and Executive Order December 12, 2017. Only if requested, a Reviews In addition, the SIP is not approved to apply on any Indian reservation land public hearing will be held on January Under the CAA, the Administrator is or in any other area where the EPA or 8, 2018, from 2 p.m. to 5 p.m., at the required to approve a SIP submission an Indian tribe has demonstrated that a Banner Bank Building, 950 W. Bannock that complies with the provisions of the tribe has jurisdiction. In those areas of Street, Boise, Idaho. Requests for a Act and applicable federal regulations. Indian country, the rule does not have public hearing may be mailed to: Evan Osborne, U.S. Environmental Protection 42 U.S.C. 7410(k); 40 CFR 52.02(a). tribal implications and will not impose Agency, Region 10, 1200 6th Ave., OCE– Thus, in reviewing SIP submissions, the substantial direct costs on tribal EPA’s role is to approve state choices, 101, Seattle, Washington 98101. For governments or preempt tribal law as provided that they meet the criteria of additional information regarding the specified by Executive Order 13175 (65 the CAA. Accordingly, this proposed public hearing, please contact Evan action merely proposes to approve state FR 67249, November 9, 2000). Osborne (206) 553–1747 or law as meeting federal requirements and List of Subjects in 40 CFR Part 52 [email protected]. does not impose additional ADDRESSES: Submit your comments, requirements beyond those imposed by Environmental protection, Air identified by Docket ID No. EPA–HQ– state law. For that reason, this proposed pollution control, Incorporation by OW–2017–0584, to the Federal action: reference, Intergovernmental relations, eRulemaking Portal: http:// • Is not a ‘‘significant regulatory Lead, Particulate matter, Reporting and www.regulations.gov. Follow the online action’’ subject to review by the Office recordkeeping requirements. instructions for submitting comments. of Management and Budget under Authority: 42 U.S.C. 7401 et seq. Once submitted, comments cannot be Executive Orders 12866 (58 FR 51735, edited or withdrawn. EPA may publish October 4, 1993) and 13563 (76 FR 3821, Dated: November 16, 2017. any comment received to its public January 21, 2011); Alexis Strauss, docket. Do not submit electronically any • is not an Executive Order 13771 (82 Acting Regional Administrator, Region IX. information you consider to be FR 9339, February 2, 2017) regulatory [FR Doc. 2017–25567 Filed 11–24–17; 8:45 am] Confidential Business Information (CBI) action because SIP approvals are BILLING CODE 6560–50–P or other information whose disclosure is exempted under Executive Order 12866; restricted by statute. Multimedia • does not impose an information submissions (audio, video, etc.) must be collection burden under the provisions accompanied by a written comment. of the Paperwork Reduction Act (44 The written comment is considered the U.S.C. 3501 et seq.); official comment and should include

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discussion of all points you wish to transfer of authority for the UIC Class II III. Statutory and Executive Order make. EPA will generally not consider program to EPA would allow EPA to Reviews comments or comment contents located issue Class II permits in Idaho. EPA A. Executive Order 12866: Regulatory outside of the primary submission (i.e., would be responsible for the direct Planning and Review and Executive on the Web, cloud, or other file sharing implementation of the Class II Order 13563: Improving Regulation and system). underground injection program in Regulatory Review For additional submission methods, Idaho, including permitting, the full EPA public comment policy, compliance, and enforcement This action is not a significant information about CBI or multimedia responsibilities, pursuant to the SDWA regulatory action and was therefore not submitted to the Office of Management submissions, and general guidance on and federal UIC regulations. making effective comments, please visit and Budget (OMB) for review. This Federal Register document http://www2.epa.gov/dockets/ B. Executive Order 13771: Reducing commenting-epa-dockets. constitutes public notice of the transfer of Idaho’s Class II program to EPA, as Regulations and Controlling Regulatory FOR FURTHER INFORMATION CONTACT: Costs Colin Dyroff, Drinking Water Protection required by 40 CFR 145.34(a)(3). In this Division, Office of Ground Water and Federal Register document, EPA also This action is not expected to be an Drinking Water (4606M), U.S. proposes to make conforming changes to Executive Order 13771 regulatory action Environmental Protection Agency, 1200 its regulations to reflect such transfer. because this action is not significant Pennsylvania Ave. NW., Washington, 40 CFR part 147 sets forth the applicable under Executive Order 12866. DC 20460; : (202) UIC programs for each of the states. This C. Paperwork Reduction Act (PRA) rule would update 40 CFR part 147, 564–3149; fax number: (202) 564–3754; This action does not impose any new subpart N, which currently lists Idaho email address: [email protected]; or information collection burden under the as having primacy over Class II, to Evan Osborne, U.S. Environmental PRA. OMB has previously approved the Protection Agency, Region 10, 1200 6th indicate that EPA will directly information collection activities Ave., OCE–101, Seattle, Washington implement the Class II UIC program in contained in the existing regulations 98101; telephone number: (206) 553– Idaho. This transfer of authority will be and has assigned OMB control number 1747; fax number: (206) 553–1762; effective upon publication of the final 2040–0042. email address: [email protected]. rule, revising such regulations, in the SUPPLEMENTARY INFORMATION: Federal Register. Because the transfer D. Regulatory Flexibility Act (RFA) I. Why is EPA taking this action? and rulemaking will allow wells to be I certify that this action will not have permitted that were previously banned, a significant economic impact on a On August 25, 2017, EPA received a EPA finds that there is ‘‘good cause’’ to substantial number of small entities letter from the Idaho Department of make this rule, when final, effective under the RFA. In making this Water Resources (IDWR), formally upon publication in the Federal determination, the impact of concern is requesting that EPA transfer and Register. 5 U.S.C. 553(d)(1) and (3). any significant adverse economic directly implement the Class II UIC impact on small entities. An agency may program in Idaho, pursuant to 40 CFR II. Legal Authorities certify that a rule will not have a 145.34(a). Class II injection wells inject A state with an approved primacy significant economic impact on a fluids (1) that are brought to the surface substantial number of small entities if program may voluntarily transfer UIC in connection with natural gas storage, the rule relieves regulatory burden, has program responsibilities to EPA, or oil or natural gas production; or (2) no net burden or otherwise has a for the purpose of enhanced oil or pursuant to 40 CFR 145.34(a). The positive economic effect on the small natural gas recovery; or (3) for the regulations require that EPA provide entities subject to the rule. This rule storage of hydrocarbons, which are notice of such transfer in the Federal does not impose any requirements on liquid at standard temperature and Register at least 30 days before the small entities; this action withdraws a pressure. Idaho received primary transfer is to occur. 40 CFR 145.34(a)(3). state program and therein transfers implementation and enforcement The regulations do not provide for direct implementation of the Class II authority (primacy) for Class I, II, III, IV, opportunity to comment on whether to UIC program to EPA. We have therefore and V injection wells under the Safe transfer, and accordingly, EPA is not concluded that this action will have no Drinking Water Act, section 1422, on taking comment on such transfer. net regulatory burden for any directly July 22, 1985. Idaho has since EPA’s regulations at 40 CFR part 147 regulated small entities. maintained primacy for these injection set forth the applicable UIC programs well classes in Idaho, including Class II. E. Unfunded Mandates Reform Act Class II injection wells were banned for each of the states. This rule would (UMRA) make ministerial revisions to these in Idaho under the state’s regulations in This action does not contain any regulations to reflect the transfer noticed 1985, when EPA originally approved unfunded mandate as described in herein. Specifically, the rule would Idaho primacy, and as a result, this ban UMRA, 2 U.S.C. 1531–1538, and does was codified in EPA’s regulations. revise 40 CFR part 147, subpart N, to not significantly or uniquely affect small However, in 2013, the state passed indicate that the Class II UIC program governments. This rule does not impose legislation which allows these wells. for Idaho is to be directly implemented any mandates on small entities; this Although the state’s regulations now by EPA, and consists of the UIC program action withdraws a state program and allow Class II wells, Idaho has not requirements of 40 CFR parts 124, 144, therein transfers direct implementation issued any Class II permits because EPA 146, and 148. EPA is taking comment of the Class II UIC program to EPA. has not approved the change to Idaho’s only on these revisions. approved Class II UIC program and the F. Executive Order 13132: Federalism wells remain banned under federal law; This action does not have federalism therefore, the state is not authorized to implications. It will not have substantial issue Class II permits. The voluntary direct effects on the states, on the

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relationship between the national List of Subjects in 40 CFR Part 147 Idaho is June 11, 1984. The effective government and the states, or on the Environmental protection, Indian— date of the UIC program for Class II distribution of power and lands, Intergovernmental relations, wells on non-Indian lands in Idaho is responsibilities among the various Reporting and recordkeeping [date of publication of final rule in the levels of government. This action requirements, Water supply. Federal Register]. contains no federal mandates for state Dated: November 6, 2017. [FR Doc. 2017–24637 Filed 11–24–17; 8:45 am] and local governments and does not BILLING CODE 6560–50–P impose any enforceable duties on state E. Scott Pruitt, and local governments. This action Administrator. merely withdraws a state program (at For the reasons set out in the FEDERAL COMMUNICATIONS the voluntary request from Idaho) and preamble, Title 40 chapter 1 of the Code COMMISSION therein transfers implementation of the of Federal Regulations is proposed to be Class II UIC program to EPA. amended as follows: 47 CFR Parts 51 and 52 G. Executive Order 13175: Consultation PART 147—STATE, TRIBAL, AND EPA- [WC Docket No. 17–244, WC Docket No. and Coordination With Indian Tribal ADMINISTERED UNDERGROUND 13–97; FCC 17–133] Governments INJECTION CONTROL PROGRAMS Nationwide Number Portability; This action does not have tribal ■ Numbering Policies for Modern implications as specified in Executive 1. The authority citation for part 147 Communications Order 13175. This action contains no is revised to read as follows: federal mandates for tribal governments Authority: 42 U.S.C. 300h et seq.; and 42 AGENCY: Federal Communications and does not impose any enforceable U.S.C. 6901 et seq. Commission. duties on tribal governments. Thus, ACTION: Proposed rule. Executive Order 13175 does not apply Subpart N—Idaho to this action. ■ 2. Amend § 147.650 by revising the SUMMARY: In this document, the Commission seeks comment on how H. Executive Order 13045: Protection of section heading and the introductory best to move toward complete Children From Environmental Health paragraph to read as follows: nationwide number portability (NNP) to and Safety Risks § 147.650 State-administered program— promote competition among all service The EPA interprets Executive Order Class I, III, IV, and V wells. providers. The NPRM proposes to 13045 as applying only to those The UIC program for Class I, III, IV, eliminate the N–1 query requirement, regulatory actions that concern and V wells in the state of Idaho, other and also proposes to forbear from the environmental health or safety risks that than those on Indian lands, is the dialing parity requirements for the EPA has reason to believe may program administered by the Idaho competitive LECs that remain after the disproportionately affect children, per Department of Water Resources, 2015 USTelecom Forbearance Order as the definition of ‘‘covered regulatory approved by EPA pursuant to section they apply to interexchange services. action’’ in section 2–202 of the 1422 of the Safe Drinking Water Act. The NPRM asserts these changes will Executive Order. This action is not Notice of this approval was published in remove regulatory barriers to NNP and subject to Executive Order 13045 the Federal Register on June 7, 1985; better reflect the competitive realities of because it transfers a state program. the effective date of this program is July today’s marketplace. The NOI seeks to 22, 1985. This program consists of the refresh the record in the 2013 Future of I. Executive Order 13211: Actions following elements, as submitted to EPA Concerning Regulations That Numbering NOI. It also seeks comment in Idaho’s program application. Note: on four NNP models proposed by ATIS: Significantly Affect Energy Supply, because EPA subsequently transferred Distribution, or Use Nationwide implementation of local the Class II UIC program from the Idaho routing numbers (LRNs); non- This action is not subject to Executive Department of Water Resources to EPA, Geographic LRNs (NGLRNs); Order 13211, because it is not a references to Class II in the following commercial agreements; and ’s significant regulatory action under elements are no longer relevant or GR–2982–CORE. The NOI finally seeks Executive Order 12866. applicable for federal UIC purposes. comment on the implications of these J. National Technology Transfer and * * * * * proposals as they relate to public safety, ■ Advancement Act 3. Amend § 147.651 by revising the access by individuals with disabilities, section heading and paragraphs (a) and tariffs, and intercarrier compensation. This rulemaking does not involve (b) to read as follows: technical standards. DATES: Comments are due on or before § 147.651 EPA-administered program— December 27, 2017, and reply comments K. Executive Order 12898: Federal Class II wells and all wells on Indian lands. are due on or before January 26, 2018. Actions To Address Environmental (a) Contents. EPA administers the UIC Written comments on the Paperwork Justice in Minority Populations and program for all classes of wells on Reduction Act proposed information Low-Income Populations Indian lands and for Class II wells on collection requirements must be The EPA has determined that this non-Indian lands in the state of Idaho. submitted by the public, Office of action is not subject to Executive Order This program consists of the UIC Management and Budget (OMB), and 12898 (59 FR 7629, February 16, 1994) program requirements of 40 CFR parts other interested parties on or before because it does not establish an 124, 144, 146, 148, and any additional January 26, 2018. environmental health or safety standard. requirements set forth in the remainder ADDRESSES: You may submit comments, This rule does not impose any health or of this subpart. Injection well owners identified by both WC Docket No. 17– safety standards; this action transfers a and operators, and EPA shall comply 244, and WC Docket No. 13–97 by any state program and therein transfers with these requirements. of the following methods: direct implementation of the Class II (b) Effective dates. The effective date • Federal Communications UIC program to EPA. of the UIC program for Indian lands in Commission’s Web site: http://

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apps.fcc.gov/ecfs/. Follow the SUPPLEMENTARY INFORMATION: This is a send an email to [email protected] or call instructions for submitting comments. summary of the Commission’s Notice of the Consumer & Governmental Affairs • Mail: Parties who choose to file by Proposed Rulemaking (NPRM) in WC Bureau at 202–418–0530 (voice), 202– paper must file an original and one copy Docket No. 17–244, and CC Docket No. 418–0432 (TTY). 13–97, adopted October 24, 2017, and of each filing. If more than one docket Synopsis or rulemaking number appears in the released October 26, 2017. The full text caption of this proceeding, filers must of this document is available for public I. Introduction submit two additional copies for each inspection during regular business 1. Telephone numbers continue to additional docket or rulemaking hours in the FCC Reference Information serve as important identifiers for number. Filings can be sent by hand or Center, Portals II, 445 12th Street SW., reaching family and friends, businesses, messenger delivery, by commercial Room CY–A257, Washington, DC 20554. and other key contacts. Therefore, many overnight courier, or by first-class or It is available on the Commission’s Web individuals and businesses value their overnight U.S. Postal Service mail. All site at https://www.fcc.gov/document/ telephone numbers and the ability to filings must be addressed to the fcc-seeks-comment-moving-toward- keep them—whether changing service Commission’s Secretary, Office of the nationwide-number-portability-0. providers, moving from one Secretary, Federal Communications Pursuant to sections 1.415 and 1.419 of neighborhood to another, or relocating Commission. All hand-delivered or the Commission’s rules, 47 CFR 1.415, across the country. messenger-delivered paper filings for 1.419, interested parties may file 2. Currently, consumers and the Commission’s Secretary must be comments and reply comments on or businesses can keep their telephone delivered to FCC Headquarters at 445 before the dates indicated on the first numbers when changing service 12th St. SW., Room TW–A325, page of this document. Comments may providers—wireline-to-wireline, Washington, DC 20554. The filing hours be filed using the Commission’s -to-wireless, and wireline-to- are 8:00 a.m. to 7:00 p.m. All hand Electronic Comment Filing System wireless and the reverse—when they deliveries must be held together with (ECFS). See Electronic Filing of move locally. This local number rubber bands or fasteners. Any Documents in Rulemaking Proceedings, portability (LNP) benefits consumers envelopes and boxes must be disposed 63 FR 24121 (1998), http://www.fcc.gov/ and promotes competition. But of before entering the building. Bureaus/OGC/Orders/1998/ consumers cannot uniformly keep their fcc98056.pdf. Commercial overnight mail (other than • traditional wireline numbers or their U.S. Postal Service Express Mail and Electronic Filers: Comments may be mobile numbers when they move long Priority Mail) must be sent to 9050 filed electronically using the Internet by distance. The ability to keep your Junction Drive, Annapolis Junction, MD accessing the ECFS: https:// telephone number when switching your 20701. U.S. Postal Service first-class, www.fcc.gov/ecfs/. wireline or wireless service provider • Paper Filers: Parties who choose to Express, and Priority mail must be may depend on whether the service file by paper must file an original and addressed to 445 12th Street SW., provider to whom you want to switch is one copy of each filing. If more than one Washington, DC 20554. a nationwide service provider. This docket or rulemaking number appears in • People with Disabilities: To request limitation not only confuses and the caption of this proceeding, filers materials in accessible formats for inconveniences consumers, it harms the must submit two additional copies for people with disabilities (Braille, large ability of small or regional carriers to each additional docket or rulemaking print, electronic files, audio format), compete, undermining a core principle number. Filings can be sent by hand or send an email to [email protected] or call of number portability—competition. messenger delivery, by commercial the Consumer & Governmental Affairs 3. In this Notice of Proposed overnight courier, or by first-class or Rulemaking (NPRM) and Notice of Bureau at 202–418–0530 (voice), 202– overnight U.S. Postal Service mail. All Inquiry (NOI), the Commission seeks 418–0432 (TTY). filings must be addressed to the comment on how best to move toward For detailed instructions for Commission’s Secretary, Office of the complete nationwide number portability submitting comments and additional Secretary, Federal Communications to promote competition between all information on the rulemaking process, Commission. All hand-delivered or service providers, regardless of size or see the SUPPLEMENTARY INFORMATION messenger-delivered paper filings for type of service (wireline or wireless). section of this document. In addition to the Commission’s Secretary must be We also explore how technical aspects filing comments with the Secretary, a delivered to FCC Headquarters at 445 copy of any comments on the 12th St. SW., Room TW–A325, of our current LNP and dialing parity Paperwork Reduction Act information Washington, DC 20554. The filing hours rules hinder the efficient routing of calls collection requirements contained are 8:00 a.m. to 7:00 p.m. All hand throughout the network, causing herein should be submitted to the deliveries must be held together with inefficiencies and delays. Federal Communications Commission rubber bands or fasteners. Any II. Background via email to [email protected] and to Nicole envelopes and boxes must be disposed Ongele, Federal Communications of before entering the building. A. Overview Commission, via email to Commercial overnight mail (other than 4. The Commission has plenary [email protected]. U.S. Postal Service Express Mail and authority over numbering matters. FOR FURTHER INFORMATION CONTACT: Priority Mail) must be sent to 9050 Section 251(e) of the Act of 1934, as Wireline Competition Bureau, Junction Drive, Annapolis Junction, MD amended (the Act) gives the Competition Policy Division, Sherwin 20701. U.S. Postal Service first-class, Commission exclusive jurisdiction over Siy, at (202) 418–2783, or sherwin.siy@ Express, and Priority mail must be the North American Numbering Plan fcc.gov. For additional information addressed to 445 12th Street SW., (NANP) and related telephone concerning the Paperwork Reduction Washington, DC 20554. numbering issues in the United States. Act information collection requirements • People with Disabilities: To request Section 251(b)(2) of the Act requires contained in this document, send an materials in accessible formats for local exchange carriers (LECs) to email to [email protected] or contact Nicole people with disabilities (Braille, large ‘‘provide, to the extent technically Ongele at (202) 418–2991. print, electronic files, audio format), feasible, number portability in

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accordance with requirements as a local number. This means that the Number Portability Study on June 20, prescribed by the Commission.’’ rate center ‘‘location’’ of the number 2016. The Alliance for Together, these portions of the Act give determines the location and thus the Industry Solutions the Commission the authority not only available LECs to which a customer can (ATIS) is a technical planning and to require ‘‘number portability,’’ which port the number. This reduced standards organization that develops allows users to retain telephone flexibility and choice also disadvantages and promotes technical and operations numbers at the same location, but also LEC over providers of other standards for communications and to encourage ‘‘location portability,’’ services. related information technologies allowing consumers to retain their 7. Many consumers are thus still worldwide. The ATIS Report analyzes telephone numbers when changing their limited to local number portability, and five potential solutions for achieving location. Ensuring that telephone interest in NNP remains high. NNP: (1) Nationwide implementation of numbers do not act as barriers to Government and private stakeholders LRNs; (2) non-Geographic LRNs competition between carriers of various have explored possibilities for (NGLRNs); (3) commercial agreements; sizes and technologies is well within implementing NNP in various forums. (4) Internet ; and (5) our statutory authority. The In July 2015, the U.S. House of iconectiv’s GR–2982–CORE Commission has created rules for local Representatives Committee on Energy specification. ATIS reported that the number portability and rules requiring and Commerce (the Committee) commercial agreement solution is the that local number portability be requested that the Commission only one that can be supported today available for wireless and expeditiously support nationwide that has no porting impacts. interconnected Voice over Internet number portability, noting that 11. On August 30, 2016, the NANC Protocol (VoIP) customers. A ‘‘rate ‘‘[c]onsumers overwhelmingly prefer to LNP Working Group issued a white center’’ is a geographic area that is used keep their numbers when they switch paper on NGNP (the NANC notes that to determine whether a call is local or carriers.’’ The Committee further NGNP and NNP ‘‘are considered to be toll. This type of unlimited number indicated that the distinction within the two synonymous terms, but it has portability—allowing consumers to port number portability rules places non- become the preference of the NANC any telephone number anywhere—has nationwide providers at a competitive Working Groups to use the term NNP’’). been referred to as ‘‘nationwide number disadvantage and could result in Among other things, the LNP Working portability’’ (NNP) or ‘‘non-geographic consumer confusion when attempting to Group concluded that regulatory number portability’’ (NGNP). switch providers. changes made as a result of non- 5. A wireless user may currently have 8. The Competitive Carriers geographic number porting more opportunities than a wireline user Association (CCA) subsequently implementation should be technology when it comes to number porting. But asserted that ‘‘CCA’s rural and regional and provider agnostic. The Working even among wireless competitors, members have experienced problems Group reiterated that ‘‘any smaller rural and regional carriers are at with porting-in wireless numbers from implementation of NGNP . . . will a disadvantage versus their nationwide disparate parts of the country.’’ CCA require collaboration and support by all competitors. Wireless-to-wireless further asserts that, as a result, non- parties involved’’ and that an industry porting is only possible if the ported-to nationwide carriers are placed at a move towards NGNP will require a wireless carrier has a facilities-based competitive disadvantage compared to mandate by the Commission. presence in the porting customer’s their nationwide counterparts who are B. Background on Number Portability original geographic location, placing able to port-in numbers regardless of Mechanisms smaller, non-nationwide carriers at a location. CCA expressed that number disadvantage. Similarly, existing portability ‘‘helps to expand 12. In the last few years, ATIS and the technical strictures prevent customers competition by allowing consumers to NANC have worked to develop from porting their numbers from choose carriers that offer lower prices approaches for implementing NNP and wireless-to-wireline services, should a and innovative product and service thereby, increase access to smaller, consumer want to do so, unless the offerings, and these public interest regional carriers and increase routing ported-to wireline service provider benefits are diminished when non- efficiency in the network. Because the happens to have a presence in the same nationwide carriers do not have the changes required by some of these rate center as the customer’s number. same capability as nationwide carriers.’’ proposals could be hindered by legacy This requirement naturally limits the 9. On May 16, 2016, the North aspects of our telephone regulations, we ability of LECs to port-in numbers from American Numbering Council (NANC), propose to eliminate certain legacy wireless services, and will affect any toll issued a report on NNP. The NANC is aspects of our telephone regulations to or long-distance charges or other the Commission’s Federal Advisory promote NNP, such as existing N–1 and distance-sensitive costs for transiting Committee on numbering dialing parity requirements. This the Public Switched administration matters. It is comprised section provides a summary of existing (PSTN) portion of the call path, placing of state regulators, consumer groups, number portability mechanisms as these local wireline carriers at a industry representatives, and other background to the proposals and disadvantage when it comes to stakeholders interested in number questions in the NPRM and the NOI competing for consumers. administration. The NANC Report below. 6. An interconnected Voice over recommended further inquiry into 13. Current LNP Process. In the Internet Protocol (VoIP) user is likewise several issues, including potential current local number portability system, limited in terms of portability. While impacts to the life of the NANP, consumers may keep their telephone there is no technologically-inherent necessary edits to federal rules, and the number when changing providers if restriction on location of use if role of LRNs in the future as carriers use they remain at the same location. Stated connectivity is supported via the both time division multiplexing- and differently, consumers may be Internet (or via a dedicated network that VoIP-based interconnection. prevented, for technical reasons, from can connect to it), calls to and from the 10. The Alliance for Technical retaining their telephone number when PSTN are routed through the rate center Industry Solutions (ATIS) approved a switching providers if they move where the telephone number is assigned Technical Report on a Nationwide outside the original geographic area of

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their telephone number. This is true for is the N–1 carrier, of equal access requirements in the Act both intramodal (e.g., wireline-to- and thus performs the number that have been adopted from the 1982 wireline or wireless-to-wireless) and portability database query. If, on the Modification of Final Judgment (MFJ) in intermodal (e.g., wireline-to-wireless) other hand, the originating carrier finds the federal antitrust case against AT&T, ports. In either context, a customer who that the dialed number does not require which imposed these requirements on changes carriers, or who moves within handoff to an interexchange carrier, it the Bell Operating Companies (BOCs). the same general geographic area, can performs the query itself, receives the The Telecommunications Act of 1996 retain a telephone number through the LRN, and then routes the call to the (1996 Act) incorporated the MFJ’s equal use of a LRN: A 10-digit number-like appropriate terminating carrier’s switch. access requirements for these former number that shares a switch with the In that case, the originating carrier itself BOCs into the Communications Act via customer’s location. The LRN is is the N–1 carrier, since only two section 251(g). The 1996 Act also essentially a telephone number that carriers are involved. created more specific, affirmative equal designates the switch that serves the 15. The N–1 requirement requires the access requirements in section 251(b) customer’s new location. When second-to-last carrier to perform the that applied to all local exchange someone calls that customer’s ported number portability database query; carriers. The provisions in this section number, one of the carriers routing the where an interexchange carrier is substantially resemble the requirements call will query the Number Portability involved, this prevents the originating in the MFJ, with the key differences that Administration Center/Service carrier from performing the query. The the requirements in the MFJ cover Management System (NPAC/SMS), N–1 requirement was recommended by information services as well as which provides the routing carrier the the NANC and adopted by the telephone toll service, and section appropriate LRN. The NPAC/SMS Commission in the early stages of 251(b)(3) covers local exchange and consists of hardware and software implementing LNP because it ensured telephone toll service. platforms that host a national that: Carriers would know when a 17. We seek, through this NPRM and information database and serves as the database had been queried; the cost of NOI, to continue the Commission’s central coordination point of LNP performing queries would be distributed efforts to align our regulations with the activity. In this NPRM/NOI, we refer to between interexchange and originating trend toward all-distance voice services. this system simply as the NPAC. The providers; and, moreover, that routing Moreover, we recognize, the decline of call is then routed to the appropriate performance would not be degraded by, the stand-alone long distance market switch, which contains the information for instance, having a call routed to a has limited the relevance and utility of necessary to route the call to the correct supposed terminating carrier, only for certain equal access obligations for customer. The N–1 query requirement, that carrier to perform a query and competitive providers and their described below, is built into this discover that the number had been customers. In the 2015 USTelecom process; NNP solutions that alter the ported and required further routing. Forbearance Order, the Commission process would likely require altering or Furthermore, industry stakeholders at forbore from the ‘‘application to rescinding the N–1 requirement, lest it the time preferred the N–1 query incumbent LECs of all remaining equal result in persistent routing requirement to having the originating access and dialing parity requirements inefficiencies. Dialing parity service provider perform the query, for interexchange services, including requirements are also implicated in the since doing so would require all carriers those under section 251(g) and section across the country to implement number 251(b)(3) of the Act.’’ However, the routing of calls to ported numbers, and portability simultaneously for it to Commission adopted a ‘‘grandfathering’’ their amendment may similarly work. However, given changing market condition allowing incumbent LEC facilitate NNP, by allowing greater conditions, and even more so with NNP, customers who were presubscribed to choice on the part of local carriers to this system may need to be altered. As third-party long distance services as of decide how calls are routed. explained by ATIS, ‘‘[i]n an NNP the date of the 2015 USTelecom 14. N–1 Requirement. The N–1 query environment, a call could look like it is Forbearance Order to retain certain requirement mandates that the carrier interLATA but actually be intraLATA. equal access and dialing parity service. immediately preceding the terminating In this case it could be more efficient for Thus, unless the grandfathering carrier (the N–1 carrier) be responsible the originating carrier to know this, but condition is applicable, toll dialing for ensuring that the number portability they may not be able to do this with the parity requirements, preserved by database is queried. Paragraph 73 of the N–1 requirement.’’ Thus, changes to the section 251(g), and the long distance Second Number Portability Order is number portability system can affect the (toll) dialing parity requirements of included in the NANC’s ability for a given carrier to know section 251(b)(3), no longer apply to recommendations for LNP architecture whether or not it is in fact the N–1 incumbent LEC provision of and administration, and thus carrier, and the requirement would interexchange access services. incorporated by reference into our actively introduce inefficiencies into the 18. Since the 2015 US Telecom Rules. For instance, if a carrier is asked routing system, in some cases resulting Forbearance Order, only limited toll to originate a to a number in calls unnecessarily being rerouted dialing parity requirements remain. that can be ported, it first determines multiple times, potentially increasing Competitive local exchange carriers whether or not the number requires traffic and costs for carriers, and delays (competitive LECs) must still abide by routing to an interexchange carrier. If so, for consumers. the long-distance dialing parity it routes the call to the interexchange 16. Dialing Parity. Dialing parity requirements of section 251(b)(3). The carrier, which then queries the NPAC, provisions were originally intended to ATIS Report on NNP suggests that sending it the digits of the dialed ensure that incumbent LECs provided interLATA call processing telephone number. The database the same access to stand-alone long requirements, such as the interexchange answers the query by providing an LRN. distance service providers as they did to dialing parity requirements, may hinder The interexchange provider then routes their own or their affiliates’ long certain proposals for NNP. Currently, an the call to the terminating carrier’s distance offerings. This originating carrier determines whether switch, which routes the call to the nondiscriminatory access to or not to hand a call to an interexchange intended recipient. In this case, the interexchange carriers is part of the set carrier based upon the dialed number.

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However, if numbers can be ported on carrier, upon conducting the query, to 23. The ATIS Report states that a nationwide basis, the number might have to route the ported number back to eliminating the N–1 query requirement actually be in the same LATA, meaning the originating carrier’s LATA. does not require supplanting it with a that transfer to an interexchange carrier 21. Furthermore, the motivating new requirement that originating of the customer’s choosing would result concerns that caused the NANC to carriers query the NPAC. According to in persistently inefficient routing, with recommend and the Commission to the Report, ‘‘[a] carrier could choose to potentially concomitant delays and implement the N–1 requirement no query all calls on their originating costs. Eliminating the remaining dialing longer seem to apply. When it was first network and route calls to the NNP parity requirements may allow adopted, the N–1 requirement was numbers accordingly, or they could originating carriers to avoid these favored over requiring originating choose to handle calls as they do today, inefficiencies by increasing their carriers to perform the database query i.e., if a call looks like it is interLATA, choices. For instance, a carrier being because this latter solution would have hand it off to the IXC and let the IXC asked by a customer to originate a call required every local carrier across the query the call.’’ As the ATIS Report to a non-geographic telephone number country to adopt LNP simultaneously in notes, it is important to ensure the call might benefit from being able to handle a ‘‘flash-cut’’ manner for LNP to work, is queried before it gets to the network the call as it prefers, instead of abiding requiring more complicated that is assigned the central office (CO) by the constraints of the dialing parity coordination of the LNP rollout. code, but not necessarily that the N–1 requirements. Moreover, in an environment of many methodology be used. We seek comment on this perspective. Are there any III. Notice of Proposed Rulemaking competing interexchange carriers and restrictions on incumbent LECs from benefits to the Commission requiring 19. We believe that NNP will level the offering interexchange services, particular parties to perform the query, playing field for many rural and interexchange carriers ‘‘wanted to or are existing technical and market regional carriers, who are disadvantaged ensure that they were involved in this mechanisms (such as agreements and by the difficulty or outright inability of important aspect of call processing.’’ signaling between providers indicating consumers to port in to their networks. Since LNP has by now been broadly and query status) sufficient to ensure that Accordingly, we believe it is important successfully adopted nationwide, and in queries will be performed efficiently to begin forging the way towards NNP. light of the changed competitive and by the parties best placed to do so? Because we understand that achieving landscape, we anticipate that these 24. We also seek comment on whether this goal without incurring significant anticipated changes in routing and concerns are no longer relevant. practical harms or prohibitive costs will queries might have other effects upon require extensive work, collaboration, 22. We therefore propose to eliminate the public. For instance, how would and support by all parties involved, we the N–1 query requirement, and we seek these changes interact with public propose taking an incremental approach comment on this proposal. What are the safety, including the provision of toward achieving NNP. As a first step to benefits and drawbacks of removing the emergency services, such as 911 or Next accommodate the architectures of NNP requirement? Is eliminating the Generation 911 calls? Will eliminating proposals and to reflect the evolving requirement necessary to, or will it the N–1 query requirement lead to any marketplace, we propose to remove the facilitate, the implementation of non- changes in the handling of emergency N–1 query requirement. Further, based geographic location routing numbers or calls, including their routing or the on the ATIS Report and the marketplace other NNP proposals, as suggested by provision of necessary caller findings in the 2015 USTelecom ATIS? Would removing the requirement information? Forbearance Order, we propose to interfere with any aspects of the current eliminate remaining interexchange routing or number portability querying B. Proposed Elimination of Remaining dialing parity requirements. Removing system, or any other aspect of the Interexchange Dialing Party these regulations will thus help ensure network? For example, by proposing to Requirements an efficient network that provides allow carriers flexibility in conducting 25. In the 2015 USTelecom consumers maximum flexibility in their NPAC queries, will there be Forbearance Order, the Commission communications choices and a coordination issues among carriers or forbore from the dialing parity competitive landscape for small and calls that are processed without a query? provisions of sections 251(b)(3) and rural providers. What costs, if any, would be saved if we 251(g) only insofar as they applied to eliminated the N–1 query requirement? incumbent LECs in their provision of A. Proposed Elimination of the N–1 Did the N–1 requirement lead to interexchange access services. In this Query Requirement network routing inefficiencies and will section, we (1) propose to extend that 20. We seek comment on whether the its elimination correct those forbearance to competitive LECs, (2) N–1 query requirement impedes plans inefficiencies? Alternatively, will seek comment on extending forbearance for NNP such as the non-geographic rescinding the requirement add to the to ‘‘grandfathered’’ customers who still LNP proposal. As the ATIS Report costs of originating carriers, terminating maintain accounts with stand-alone notes, in an NNP environment, an carriers, or other parties, either in terms long-distance providers, and (3) propose originating carrier could not determine, of performing more queries, or in terms to eliminate the Commission’s rules that without performing a query, whether a of requiring equipment upgrades? Are mandate interexchange dialing parity dialed number required interexchange there transaction or other costs or harms and other requirements associated with routing or not. This could lead to a associated with transitioning away from it. We do not propose here to forbear number of inefficiencies, such as a N–1 query? In the absence of the from other requirements of section 251, scenario in which a number is ported requirement, would costs of the system such as requirements for from a distant location to the same be allocated appropriately? Would there interconnection; resale; number LATA as an originating caller. In such be any other benefits of eliminating the portability; access to rights of way; a scenario, the originating carrier, N–1 query requirement not predicated reciprocal compensation; or believing the call to be long-distance, on a move to NNP? Interested nondiscriminatory access to telephone would route the call to an interexchange stakeholders should address these numbers, operator services, directory carrier, only for the interexchange questions. assistance services, directory listings,

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with no unreasonable dialing delays. critical to competition for over a decade, implementation of the 2015 USTelecom We anticipate that these changes will with declining demand for it from both Forbearance Order, incumbent LECs remove barriers to NNP and better mass-market and business customers. have not had to comply with the reflect the competitive realities of Does the decrease in demand for stand- interexchange dialing parity today’s marketplace. alone interexchange services reduce the requirements of sections 251(b)(3) and likelihood that LECs will have unjust or 251(g). Will extending forbearance from 1. Proposed Forbearance From unreasonable charges, practices, or those requirements to competitive LECs Interexchange Dialing Parity classifications, and does it suggest that therefore ensure a level playing field Requirements consumers no longer require protection between incumbent and competitive 26. We propose to forbear from the from such practices? Does the increase LECs? Will forbearance from these dialing parity requirements of section in consumer choice obviate the need for requirements help ensure a level and 251(b)(3) as they apply to interexchange these protections? competitive playing field for small, services. The 2015 USTelecom 28. We also seek comment on the rural, and regional carriers with respect Forbearance Order removed these extent to which the interexchange to number portability? Will granting constraints from incumbent LECs with dialing parity provisions affect any LECs more flexibility in choosing how regard to interexchange access services, competitive LECs in practice. Do these calls are routed improve their and we propose to extend that same provisions have substantial effects upon competitive ability and offer consumers forbearance to competitive LECs. the costs, practices, and behavior of access to greater number portability? Section 10 of the Act states that the LECs currently? Are there any effects How else will the competitive landscape Commission shall forbear from applying upon competitive LECs that be affected by this proposed any regulation or provision of the Act if significantly affect the market for local forbearance? it determines that: (1) Enforcement of service as a whole? For example, given 31. Given the decreased need for these such regulation or provision is not that competitive LECs serve a relatively mandates, combined with the likelihood necessary to ensure that the charges, small percentage of residential wireline that they will impede the practices, classifications, or regulations voice accounts, do these provisions help implementation of NNP, we propose to by, for, or in connection with that a significant number of consumers or use our forbearance authority to telecommunications carrier or competitors? eliminate remaining interexchange telecommunications service are just and 29. Forbearance from the dialing parity requirements, which reasonable and are not unjustly or interexchange dialing parity apply to competitive LECs. We seek unreasonably discriminatory; (2) requirements would also appear to be in comment on this proposal. What costs, enforcement of such regulation or the public interest. ATIS notes that an if any, do competitive LECs currently provision is not necessary for the NNP regime, with all of the benefits to bear due to these requirements? Are protection of consumers; and (3) competition and consumers that come other providers of local voice service, forbearance from applying such with it, would be facilitated by the such as interconnected VoIP providers, provision or regulation is consistent elimination of interLATA call affected by the application of these with the public interest. We seek processing requirements. The ATIS provisions, either to themselves or to comment on whether forbearing from Report notes that carriers’ ability to competitors? Do other stakeholders the dialing parity requirements of efficiently route calls to non-geographic benefit from relieving competitive LECs section 251(b)(3) as they apply to LRNs could be hindered by the need to of these requirements, or are there other interexchange services would meet the refer calls that look like interexchange costs? Are there stakeholders whose criteria of section 10. calls to a third-party carrier, when the position vis-a`-vis competitive LECs 27. We believe that the remaining call would more efficiently have been today is significantly different from interexchange dialing parity routed to a non-geographic transport their position vis-a`-vis incumbent LECs requirements for competitive LECs are provider or a non-geographic gateway. It at the time of the 2015 USTelecom no longer necessary in today’s all- is our understanding that forbearing Forbearance Order? Are there other distance market to ensure that the from interexchange dialing parity would aspects of section 251(b)(3), including charges and practices of competitive enable originating carriers to better nondiscriminatory access to telephone LECs are just and reasonable and are not choose how to route their calls, numbers, operator services, directory unjustly or unreasonably preventing inefficient network routing assistance, and directory listing, that are discriminatory, and are no longer that might otherwise result from various relevant to stakeholders today? We do necessary for the protection of NNP proposals. Do commenters agree? not here propose to forbear from consumers. We further believe that the Can customers’ pre-subscribed requirements for interconnection, resale, rationales behind the forbearance from interexchange carrier choices number portability, access to rights of the interexchange dialing parity accommodate the proposed changes way, or reciprocal compensation. Would requirements in the 2015 USTelecom without a loss of efficiency or undue any of these existing requirements be Forbearance Order apply similarly to cost? Are there other effects upon the affected by our proposed forbearance? both incumbent and competitive LECs. public interest that might result from Would forbearance from any of these Do commenters agree? For instance, are our proposed forbearance from the provisions assist in or hinder the commenters aware of substantial interexchange dialing parity implementation of NNP? complaints stemming from our requirements for competitive LECs? For 32. In the 2015 USTelecom forbearance from the interexchange instance, will there be any effects upon Forbearance Order, we forbore from the dialing parity requirements in the 2015 911, Next Generation 911, or other all remaining equal access requirements, USTelecom Forbearance Order? As aspects of emergency calling? including dialing parity, preserved in described in the 2015 USTelecom 30. Furthermore, section 10(b) section 251(g), with the exception of the Forbearance Order, wireline customers requires that the Commission account grandfathering condition. We do not today have more choices than they did for the effects of forbearance on believe the dialing parity requirements in 1982 or 1996, including ensuring a competitive marketplace in preserved in section 251(g) apply to interconnected VoIP services. Similarly, making its public interest competitive LECs. We seek comment on stand-alone long-distance has not been determination. Since the whether there are any dialing parity

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requirements (applied via section number of such customers, and benefit or should the Commission defer until 251(g)) from which we must forbear. If they receive from use of stand-alone any technical solutions are in place? there are any remaining dialing parity long-distance carriers, significant IV. Notice of Inquiry requirements, we propose to forbear enough to justify maintaining this from those requirements and seek grandfathered status when weighed 37. While we believe it is important comment on such forbearance. against the burdens and costs it imposes to move toward NNP, and invite on LECs? Would eliminating the comment above on steps that would lay 2. Seeking Comment on Extending grandfathering and extending this the groundwork for doing so, we also Forbearance From Interexchange Dialing forbearance to them meet the criteria of seek input on how best to implement Parity Rules to Customers With Pre- section 10? NNP, as well as its potential impacts on Existing Stand-Alone Long-Distance consumers and carriers. We therefore Carriers 3. Proposing Elimination of Toll Dialing seek comment in this NOI on a variety 33. We also seek comment on the Parity Rules of issues related to the deployment of continuing need to preserve the choices 35. Because we propose to forbear NNP. We also note that while the focus of existing customers who are from the long-distance dialing parity of this NOI is to seek perspectives on presubscribed to stand-alone long- provisions of section 251(b)(3), for both the most feasible way to implement distance services, whose choices were incumbent and competitive LECs, we NNP, the goals of this proceeding could grandfathered in the 2015 USTelecom propose to eliminate the rules also be facilitated by larger changes to Forbearance Order. Will LECs serving implementing those requirements. We the current system of numbering these customers be hindered from believe that sections 51.209 (‘‘Toll administration. To that end, we also implementing NNP if these dialing parity’’), 51.213 (‘‘Toll dialing seek comment on how number grandfathered customers continue to fall parity implementation plans’’), and administration might be improved to outside of the scope of forbearance? 51.215 (‘‘Dialing parity; Cost recovery’’ realize more efficient technical, What costs would LECs or other carriers for toll dialing parity), serve only to operational, administrative, and legal face in implementing NNP with or implement the provisions of section processes. without the preservation of these 251(b)(3) relating to toll dialing parity, choices? How many people still and thus should be eliminated if our A. Scope of Inquiry purchase long-distance calling from proposed forbearances are to be effective 38. The ATIS Report and the NANC stand-alone long-distance carriers? Will in facilitating the development of NNP. Report focus on NNP across wireline these subscribers face any additional We also propose modifying section and wireless telecommunications costs, burdens, or harms if we forbear 51.205 (‘‘Dialing parity: General’’) to services. Early efforts on this issue, from interexchange dialing parity rules? omit references to toll dialing parity. We however, focused merely on ensuring We seek estimates that quantify the cost seek comment on this proposal. Do that wireless customers can retain their of adjustment that such subscribers these rule provisions serve any purpose numbers when porting to other wireless might face. Do interexchange carriers or implement any other portions of the carriers that lack a nationwide service place material competitive pressure on Act other than section 251(b)(3)? Are area. We believe broader, intermodal LECs, and if so, what consumer benefit there any other rules whose only NNP efforts will benefit consumers and would be lost if we forbear as discussed purpose is to implement toll dialing competition, as well as potentially allow herein? Are there additional benefits to parity requirements? Are there any for useful reforms of the numbering retaining current grandfathered interests beyond those articulated in the system, and we explore means of subscribers? In the 2015 USTelecom Act’s dialing parity provisions that achieving this goal below. Forbearance Order, we found that a require these rules? How are these 39. While our goal is to ensure broad, significant number of retail customers considerations affected by the retention intermodal NNP, are there any benefits still presubscribed to a stand-alone long- or elimination of grandfathered to a gradual implementation of NNP? Is distance carrier, and that the public customer relationships with such a partial deployment technically interest and protection of consumers presubscribed interexchange carriers? feasible? For instance, would it be required limiting the forbearance of Will the elimination of these rules have possible for NNP to first be equal access and dialing parity rules for any effect upon slamming? For example, implemented for a particular subset of these customers. We seek comment on can elimination of these rules reduce entities using numbering resources whether or not extending this the mechanisms by which unscrupulous (such as wireless providers) before forbearance would meet the criteria of entities slam consumers? Conversely, applying it to all entities? What section 10. are there useful consumer protections advantages and disadvantages are there 34. We seek comment on whether the against slamming in these rules that are to a partial implementation of NNP? rationales for the grandfathering in the not effectively implemented elsewhere? 2015 USTelecom Forbearance Order 36. We seek comment on whether B. NNP Alternatives Identified in the still apply. Have conditions there are other rules that should be ATIS Report significantly changed since 2015? We rescinded or modified to promote NNP. 40. We seek comment on four of the seek comment on the present number of Should we consider forbearing from any specific models of NNP outlined by retail customers in the United States other statutory provisions to allow the ATIS in its report: (1) Nationwide who presubscribe to stand-alone long- benefits of NNP to competition and implementation of LRNs; (2) non- distance carriers. Would extending consumers? We also seek comment on Geographic LRNs (NGLRNs); (3) forbearance to these customers affect the the interplay of the proposed commercial agreements; and (4) costs they bear, considering the forbearance and rule changes discussed iconectiv’s GR–2982–CORE competition for all-distance packages? in the NPRM with the technical specification. Are any of the models Are there any harms to customers solutions discussed below in the NOI. preferable to others in terms of affected by the 2015 USTelecom Specifically, to make NNP workable, feasibility, cost, and adaptability to Forbearance Order that suggest that we should any forbearance and rule changing markets and technologies? should retain the forbearance for changes happen first, in advance of Have ATIS and the NANC adequately grandfathered customers? Are the implementing any technical solutions, considered the potential costs, benefits,

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and barriers to implementation of each additional changes necessary? We seek implicated with interstate porting. We of these proposals? More generally, we comment on these issues. seek comment on what issues may arise seek evidence quantifying the benefit 43. The national LRN proposal also and how they may be resolved. Can consumers would gain from being able implicates several non-routing issues. existing systems and agreements in to keep their number whenever they Industry processes, including the bordering states serve as models for move outside a rate center and, handling of call detail records, interstate cooperation? alternatively, whether NNP would subscriber billing, and caller ID, will be 48. How will consumer experiences impose costs that outweigh those impacted. We also anticipate that tariffs, be affected by a national LRN system? benefits as phone numbers increasingly toll free database processing, enhanced Would calls to numbers ported outside become less informative about the 911 processes, and other systems that of a specific rate center have completion dialed party’s location. We also rely upon the relationship between a issues? Consumers would also need to anticipate that NNP will have beneficial telephone number and its rate center/ be informed about any effects upon rates competitive effects, by allowing small, LATA will likely be affected. What and billing, if they subscribe to a rural, and regional carriers to compete systems will be affected, and to what geographically-based rate plan keyed to more effectively with larger, nationwide extent? We seek comment from their rate center or LATA. How might providers. We seek comment on this providers, end users, and other this be done? Some consumers use perspective. We also seek comment on stakeholders on what dependencies software that blocks calls which incur other effects that these NNP proposals exist that would require changes, as tolls, based upon the number’s NPA– might have upon small carriers, well as how changes brought about by NXX. How will such programs be including precisely what costs they national LRN can improve existing affected, and how can they be adapted, might impose upon them, and how. We systems. if necessary, to accommodate a national also seek comment on the impacts these 44. The ATIS Report anticipates that LRN system? What effects will there be various alternatives pose to routing calls a porting-in service provider may not on caller ID? have a presence in the ported-out area. to ported telephone numbers. To the 49. Certain services are set up with While such situations currently exist extent that commenters believe that restrictions on toll free calling based on and are generally handled by other NNP proposals, in addition to the calling party’s location. A customer agreements between providers, many those outlined below, are promising who ports his number to a new location more such situations are likely to arise solutions for NNP, we seek comment on might therefore have problems calling in a national LRN environment. What those proposals and their potential the same toll-free number. We seek effects will this increase in demand implications. comment on the effects on toll free have? 41. National LRN. One conceptually 45. Local systems, including Local calling and potential implications of simple way of implementing NNP Service Management Systems (LSMS) national LRN. would be to allow a ported number to and Service Order Administration 50. Non-Geographic LRN (NGLRN). be associated with any LRN. Instead of (SOA), will also be affected by a Another mechanism to allow NNP is to limiting the geographic area within national LRN system. Current systems designate a new area code unaffiliated which the number can be ported, the may rely in part upon an assumed with any particular location. This non- system could associate it with an LRN structure whereby numbers are only geographic area code would be the area associated with any location in the ported within LATAs or NPAC regions; code for NGLRNs. Under an NGLRN country. Although this approach allows an LRN can only be associated with a system, ported numbers are associated many existing systems and processes to single NPAC region; or a ported with an NGLRN, instead of an LRN be used, it also requires changes to telephone number record can only exist associated with the new location. When NPAC rules, may complicate other in one NPAC region. We seek comment a service provider queries the NPAC and routing and critical processes, and may on what dependencies exist based on receives an NGLRN, the call is then require many carriers to upgrade or these assumptions, and how they might routed to a non-geographic gateway replace existing equipment. The NGNP be resolved. (NGGW) that resides on an IP network subcommittee found that such an 46. What is necessary to ensure that and routes the call appropriately. This approach would require the NPAC to a national LRN system is compatible system can also support the creation of relax existing LRN changes to allow any with the variation in dialing plans non-geographic telephone numbers. An LRN to be added to any NPAC region across the country? Different customers NGLRN solution would support both (there are eight NPAC regions—one in have different requirements when wireline and wireless NNP. It also Canada and seven in the United States). dialing—some need only dial seven allows many existing processes to In addition, it might require carriers to digits of a local number; others must continue working, but as noted by ATIS accept downloads from all NPAC dial ten digits, others must dial 1 and and the NGNP subcommittee, it requires regions, or keep port records in the ten digits. Is nationwide consistency the creation and setup of the non- region that is servicing the ported required for national LRN geographic area code, NGLRNS, telephone number. compatibility? NGGWs, and likely changes to certain 42. National LRN may require 47. What effects will a national LRN regulations, including the N–1 query carriers’ existing switches to handle system have on state regulators and requirement. more numbering plan areas, since a systems? Porting numbers across state 51. The ATIS Report anticipates that given switch may have to accommodate lines raises questions of existing state aspects of interLATA call processing telephone numbers being ported in from regulatory authority, and policy, requirements, such as the dialing parity a wider range of original areas. National including numbering resource provisions, may interfere with an LRN likely also requires changes to management. For example, would NNP NGLRN system. Likewise, the ATIS number portability rules. We have affect state regulatory commission Report suggests that the N–1 query proposed eliminating the N–1 query processes for reviewing tariffs, handling requirement could create problems. Are requirement and remaining customer complaints, and ensuring these concerns adequately dealt with by interexchange dialing parity public safety? Provider responsibilities, our proposed forbearance from these requirements in the NPRM above. Are obligations, and liabilities may also be rules as discussed above?

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52. To route calls to non-geographic virtue of the calling telephone number, service order administrations and local telephone numbers, carriers will need to but rather from databases such as the service management systems across the access relevant routing information and Master Service Address Guide (MSAG) industry. route to NGGWs. Carriers that cannot or the emergency service number that 59. Do commenters agree with the route to NGGWs will need to route calls has been assigned to the cell site. Will NGNP subcommittee’s assessments? Are to a carrier that can, possibly requiring systems that depend on pseudo- there other issues or factors we should agreements with non-geographic Automatic Number Identification (p- take into consideration in exploring the transport providers. What policies are ANI), in use for wireless and VoIP calls, various approaches? How should the necessary to ensure continued and be appropriate for other non-geographic subcommittee’s assessments affect any reliable call routing in an NGLRN calls? future action on these solutions? system? What criteria should be 56. Commercial Agreements. One 60. The ATIS Report suggests that this required for NGGWs? The ATIS Report proposed solution for wireless carriers solution may require the NPAC to relax recommends that an industry-led body uses a third party entity that would existing LRN changes; that porting data create a certification process. What install points of interconnection in may need to change to include GUBB bodies are best placed to conduct such various LATAs, using its own network information; and that these changes may certification, and what oversight should as a way to route interLATA calls to impact all switches and number they have to ensure effectiveness, ported numbers. This proposal requires portability databases, as well as many efficiency, transparency, and significant evaluation of LRN SOAs and LSMS systems. What do these competition? We also seek comment on assignments in addition to the nature, effects suggest for the viability of this criteria for NGGWs, such as categorization, and operation of the solution currently? What is the likely interconnection requirements. The ATIS third party. The NGNP subcommittee timing for this option? found that the commercial agreement Report recommends that carriers not be C. Necessary Changes and Challenges to solution was the only one that could be required to provide NGGW service or Achieving NNP NNP service and that the only supported without significant changes requirement be that carriers have the or impacts to NPAC or service provider 61. Apart from the implications raised ability to route calls to NGLRNs. systems. by each specific proposal outlined by Furthermore, ATIS suggests that carriers 57. In a commercial agreement ATIS and the NANC, most, if not all, that do choose to provide NGGW do so solution, what entities would act as the NNP proposals will have consequences ‘‘for their own customers only.’’ We third-party network, and what abilities for a variety of other aspects of the seek comment on this recommendation. and obligations would they need to have network. We seek comment on these Relatedly, the NGLRN system is for effective and competitive operation? implications in the specific areas below. designed such that carriers are not What would such a system require with 62. Routing and Interconnection. Are required to implement NNP. What respect to LRN assignments? Would there NNP solutions that can improve would be an appropriate timeline for such a proposal provide a pathway for the efficiency of existing routing NNP adoption, if any? wireline and intermodal NNP? systems? Conversely, are there NNP 53. What characteristics should any 58. GR–2982–CORE. iconectiv’s GR– proposals that burden or render non-geographic area code have? Should 2982–CORE specification details inefficient particular systems or it be easily recognizable? Should another NNP system called Portability industry databases? Can such systems various non-geographic area codes Outside the Rate Center (PORC). PORC and databases be modified, improved, or resemble each other for ease of calls for dividing the country into small, obviated with NNP solutions? recognition? How should the system non-overlapping geographic blocks 63. Public Safety. We seek comment address integration with other NANP called Geographic Unit Building Blocks on the effects that NNP might have upon countries? What impact would (GUBBs). Each GUBB is represented by public safety, including users’ ability to assignment and use of a non-geographic a telephone number-like identifier, and use 911 in the knowledge that their calls area code or codes within the NANP acts as the vehicle for the recipient will be routed appropriately, and that have on number exhaust in the United switch to identify the geographic Public Safety Answering Points (PSAP) States and other NANP countries? We location of the end user receiving the will receive accurate callback and also seek comment on whether a single call. A call to a ported telephone location information. Can an NNP non-geographic area code will scale for number will be routed using an LRN, as system provide this information? To the the total set of NGLRNs. Will a single it is today, with the difference that the extent that existing systems lack the non-geographic area code be sufficient GUBB is used for carrier selection and ability to provide this information in for the future? rating purposes. This includes changes various NNP scenarios, are there 54. The ATIS Report also raises in how the caller is billed, and may modifications, adaptations, or several specific questions with regard to include the need to alter porting data workarounds that can supply it? administration of non-geographic and NPAC policies and procedures. GR– 64. For instance, how can proposed resources with an NGLRN system. The 2982–CORE also recognizes that NNP solutions work with legacy ATIS Report notes that certain current participating carriers must have systems that rely upon ANI to report the systems can be simplified with the compatible switches, depending upon location of users calling 911? Are adoption of non-geographic codes, such their role in the call flow. The NGNP enhanced or next generation 911 as combining the processes of number subcommittee found that this proposal services affected by the proposals? The allocation and porting, or allowing might require the NPAC to relax LRN ATIS Report details several number distributed registries to handle changes, and may impact porting data if portability issues affecting emergency processes currently managed by a single systems need to transmit additional calls, and we seek comment on their authoritative registry. We seek comment routing data about the newly-created resolution. on the potential for such reforms, and geographic building blocks of the 65. The ATIS Report similarly notes their integration with existing systems system. The NGNP subcommittee also potential effects of NNP proposals on and authorities. reports that changes to the porting the use of national security and 55. With an NGLRN system, a call to records would impact all switches and emergency preparedness systems like 911 does not indicate its location by number portability databases and many Emergency Telecommunications Service

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(ETS), including the Government these existing systems. If we VI. Initial Regulatory Flexibility Emergency Telecommunication Service significantly simplify the assignment Analysis (GETS) and the Priority Access Service and porting of numbers, would these 71. As required by the Regulatory (PAS), which provide priority calling for changes require modifications to the Flexibility Act of 1980, as amended emergency telecommunications. What current systems? Would it be possible, (RFA), the Commission has prepared are the effects of the various proposals and beneficial, to allow multiple entities this Initial Regulatory Flexibility on the ability of ETS calls to be to provide competitive numbering Analysis (IRFA) of the possible prioritized? Are there beneficial or administration services? Are there other significant economic impact on small deleterious effects on the network systems of addressing what can serve as entities by the policies and rules capacity, routing, or signaling of ETS? models for an evolving and increasingly proposed in this Notice of Proposed 66. Access by Individuals with IP-based network? Rulemaking (NPRM). The Commission Disabilities. We seek comment on how requests written public comments on NNP implementations might affect V. Legal Authority this IRFA. Comments must be identified access to communications services by as responses to the IRFA and must be 69. As noted above, section 251(e)(1) individuals with disabilities. Can filed by the deadlines for comments of the Act gives the Commission increased intermodal and geographic provided on the first page of the NPRM. porting provide increased access to ‘‘exclusive jurisdiction over those The Commission will send a copy of the communications networks by portions of the North American NPRM, including this IRFA, to the Chief individuals using assistive Numbering Plan that pertain to the Counsel for Advocacy of the Small technologies? The Commission has United States’’ and provides that Business Administration (SBA). In permitted video relay service (VRS) and numbers must be made ‘‘available on an addition, the NPRM and IRFA (or IP Relay users to register and obtain 10- equitable basis.’’ The Commission summaries thereof) will be published in digit geographic numbers, allowing retains ‘‘authority to set policy with the Federal Register. users to be reached through a single respect to all facets of numbering A. Need for, and Objectives of, the number that will automatically connect administration in the United States.’’ to the registered user’s primary VRS or Proposed Rules The Commission has promulgated local IP Relay provider and allow the number portability rules to satisfy these 72. In this NPRM, we propose changes provider to determine the user’s IP congressional mandates, and the to, and seek comment on, our rules on address for the purpose of delivering Local Number Portability incoming calls made to that number. proposed actions in this NPRM are intended to further and better satisfy Administration, and Nationwide The Commission also adopted Number Portability (NNP). In the these mandates. We seek comment on requirements allowing VRS and IP Relay NPRM, the Commission proposes to this assessment. users to have both their 10-digit number rescind the N–1 query requirement. and registered location information 70. Moreover, section 10 of the Act Further, based on the ATIS Report and forwarded to the appropriate PSAP. We states that the Commission shall forbear the marketplace findings in the 2015 seek comment on how any NNP from applying any regulation or USTelecom Forbearance Order, we implementations might benefit these provision of the Act if it determines propose to eliminate remaining services, equivalent services, or any that: (1) Enforcement of such regulation interexchange dialing parity other services that serve individuals or provision is not necessary to ensure requirements. The objectives of the with hearing and speech disabilities. that the charges, practices, proposed modifications are to remove Can widespread NNP adoption promote classifications, or regulations by, for, or impediments to NNP. technologies and systems that allow for in connection with that more efficient or user-friendly ways to B. Legal Basis telecommunications carrier or achieve these, or better, effects? What 73. The legal basis for any action that telecommunications service are just and steps would be necessary to ensure that may be taken pursuant to this NPRM is access to communications services for reasonable and are not unjustly or contained in sections 1, 4(i), 10, 201(b), Americans with disabilities continues to unreasonably discriminatory; (2) and 251(e)(1) of the Communications be robust and secure in an NNP enforcement of such regulation or Act of 1934, as amended, 47 U.S.C. 151, scenario, such as if numbers are provision is not necessary for the 154(i), 160, 201(b), and 251(e)(1). assigned without regard to geography? protection of consumers; and (3) 67. Tariffs and Intercarrier forbearance from applying such C. Description and Estimate of the Compensation. We also seek comment provision or regulation is consistent Number of Small Entities to Which the on the various ways that NNP could with the public interest. We believe that Proposed Rules Will Apply affect carriers’ pricing issues. How will our proposals discussed here satisfy 74. The RFA directs agencies to proposed NNP implementations affect these criteria as the remaining provide a description of, and where existing carrier tariffs? What are the interexchange dialing parity feasible, an estimate of the number of ways in which various NNP proposals requirements for competitive LECs are small entities that may be affected by may alter the existing system of no longer necessary in today’s all the proposed rules and by the rule intercarrier compensation? Are there distance market to ensure that the revisions on which the NPRM seeks comment, if adopted. The RFA generally systems that can support or encourage a charges and practices of competitive defines the term ‘‘small entity’’ as bill-and-keep system? What costs and LECs are just and reasonable and are not benefits would such systems generate? having the same meaning as the terms unjustly or unreasonably ‘‘small business,’’ ‘‘small organization,’’ D. Number Administration discriminatory, and are no longer and ‘‘small governmental jurisdiction.’’ 68. We also seek comment on how necessary for the protection of In addition, the term ‘‘small business’’ changes to our current methods of consumers. We seek comment on our has the same meaning as the term numbering plan, number pooling, and forbearance analysis, as well as any ‘‘small-business concern’’ under the number portability administration might other issues pertinent to our legal Small Business Act. A ‘‘small-business facilitate NNP, or how NNP might affect authority to facilitate NNP. concern’’ is one which: (1) Is

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independently owned and operated; (2) operate are included in this industry.’’ firms operated during that year. Of that is not dominant in its field of operation; The SBA has developed a small number, 3,083 operated with fewer than and (3) satisfies any additional criteria business size standard for Wired 1,000 employees. Based on this data, the established by the SBA. Telecommunications Carriers, which Commission concludes that the majority 75. Small Businesses, Small consists of all such companies having of Competitive LECS, CAPs, Shared- Organizations, Small Governmental 1,500 or fewer employees. Census data Tenant Service Providers, and Other Jurisdictions. Our actions, over time, for 2012 show that there were 3,117 Local Service Providers, are small may affect small entities that are not firms that operated that year. Of this entities. According to Commission data, easily categorized at present. We total, 3,083 operated with fewer than 1,442 carriers reported that they were therefore describe here, at the outset, 1,000 employees. Thus, under this size engaged in the provision of either three comprehensive small entity size standard, the majority of firms in this competitive local exchange services or standards that could be directly affected industry can be considered small. competitive access provider services. Of herein. First, while there are industry 77. Local Exchange Carriers (LECs). these 1,442 carriers, an estimated 1,256 specific size standards for small Neither the Commission nor the SBA have 1,500 or fewer employees. In businesses that are used in the has developed a size standard for small addition, 17 carriers have reported that regulatory flexibility analysis, according businesses specifically applicable to they are Shared-Tenant Service to data from the SBA’s Office of local exchange services. The closest Providers, and all 17 are estimated to Advocacy, in general a small business is applicable NAICS Code category is have 1,500 or fewer employees. Also, 72 an independent business having fewer Wired Telecommunications Carriers as carriers have reported that they are than 500 employees. These types of defined above. Under the applicable Other Local Service Providers. Of this small businesses represent 99.9% of all SBA size standard, such a business is total, 70 have 1,500 or fewer employees. businesses in the United States which small if it has 1,500 or fewer employees. Consequently, based on internally translates to 28.8 million businesses. According to Commission data, census researched FCC data, the Commission Next, the type of small entity described data for 2012 shows that there were estimates that most providers of as a ‘‘small organization’’ is generally 3,117 firms that operated that year. Of competitive local exchange service, ‘‘any not-for-profit enterprise which is this total, 3,083 operated with fewer competitive access providers, Shared- independently owned and operated and than 1,000 employees. The Commission Tenant Service Providers, and Other is not dominant in its field.’’ therefore estimates that most providers Local Service Providers are small Nationwide, as of 2007, there were of local exchange carrier service are entities. approximately 1,621,215 small small entities that may be affected by 80. We have included small organizations. Finally, the small entity the rules adopted. incumbent LECs in this present RFA described as a ‘‘small governmental 78. Incumbent LECs. Neither the analysis. As noted above, a ‘‘small jurisdiction’’ is defined generally as Commission nor the SBA has developed business’’ under the RFA is one that, ‘‘governments of cities, towns, a small business size standard inter alia, meets the pertinent small townships, villages, school districts, or specifically for incumbent local business size standard (e.g., a telephone special districts, with a population of exchange services. The closest communications business having 1,500 less than fifty thousand.’’ U.S. Census applicable NAICS Code category is or fewer employees), and ‘‘is not Bureau data published in 2012 indicate Wired Telecommunications Carriers as dominant in its field of operation.’’ The that there were 89,476 local defined above. Under that size standard, SBA’s Office of Advocacy contends that, governmental jurisdictions in the such a business is small if it has 1,500 for RFA purposes, small incumbent United States. We estimate that, of this or fewer employees. According to LECs are not dominant in their field of total, as many as 88,761 entities may Commission data, 3,117 firms operated operation because any such dominance qualify as ‘‘small governmental in that year. Of this total, 3,083 operated is not ‘‘national’’ in scope. We have jurisdictions.’’ Thus, we estimate that with fewer than 1,000 employees. therefore included small incumbent most governmental jurisdictions are Consequently, the Commission LECs in this RFA analysis, although we small. estimates that most providers of emphasize that this RFA action has no 76. Wired Telecommunications incumbent local exchange service are effect on Commission analyses and Carriers. The U.S. Census Bureau small businesses that may be affected by determinations in other, non-RFA defines this industry as ‘‘establishments the rules and policies adopted. Three contexts. primarily engaged in operating and/or hundred and seven (307) Incumbent 81. Interexchange Carriers (IXCs). providing access to transmission Local Exchange Carriers reported that Neither the Commission nor the SBA facilities and infrastructure that they they were incumbent local exchange has developed a definition for own and/or lease for the transmission of service providers. Of this total, an Interexchange Carriers. The closest voice, data, text, sound, and video using estimated 1,006 have 1,500 or fewer NAICS Code category is Wired wired communications networks. employees. Telecommunications Carriers as defined Transmission facilities may be based on 79. Competitive Local Exchange above. The applicable size standard a single technology or a combination of Carriers (Competitive LECs), under SBA rules is that such a business technologies. Establishments in this Competitive Access Providers (CAPs), is small if it has 1,500 or fewer industry use the wired Shared-Tenant Service Providers, and employees. U.S. Census data for 2012 telecommunications network facilities Other Local Service Providers. Neither indicates that 3,117 firms operated that they operate to provide a variety of the Commission nor the SBA has during that year. Of that number, 3,083 services, such as wired telephony developed a small business size operated with fewer than 1,000 services, including VoIP services, wired standard specifically for these service employees. According to internally (cable) audio and video programming providers. The appropriate NAICS Code developed Commission data, 359 distribution, and wired broadband category is Wired Telecommunications companies reported that their primary internet services. By exception, Carriers, as defined above. Under that telecommunications service activity was establishments providing satellite size standard, such a business is small the provision of interexchange services. television distribution services using if it has 1,500 or fewer employees. U.S. Of this total, an estimated 317 have facilities and infrastructure that they Census data for 2012 indicate that 3,117 1,500 or fewer employees.

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Consequently, the Commission estimates that the majority of toll entire year. Of this total, 955 firms had estimates that the majority of IXCs are resellers are small entities. employment of 999 or fewer employees small entities that may be affected by 84. Other Toll Carriers. Neither the and 12 had employment of 1000 our proposed rules. Commission nor the SBA has developed employees or more. Thus under this 82. Local Resellers. The SBA has a definition for small businesses category and the associated size developed a small business size specifically applicable to Other Toll standard, the Commission estimates that standard for the category of Carriers. This category includes toll the majority of wireless Telecommunications Resellers. The carriers that do not fall within the telecommunications carriers (except Telecommunications Resellers industry categories of interexchange carriers, satellite) are small entities. comprises establishments engaged in operator service providers, prepaid 87. The Commission’s own data— purchasing access and network capacity calling card providers, satellite service available in its Universal Licensing from owners and operators of carriers, or toll resellers. The closest System—indicate that, as of October 25, telecommunications networks and applicable NAICS Code category is for 2016, there are 280 Cellular licensees reselling wired and wireless Wired Telecommunications Carriers as that will be affected by our actions telecommunications services (except defined above. Under the applicable today. The Commission does not know satellite) to businesses and households. SBA size standard, such a business is how many of these licensees are small, Establishments in this industry resell small if it has 1,500 or fewer employees. as the Commission does not collect that telecommunications; they do not Census data for 2012 shows that there information for these types of entities. operate transmission facilities and were 3,117 firms that operated that year. Similarly, according to internally infrastructure. Mobile virtual network Of this total, 3,083 operated with fewer developed Commission data, 413 operators (MVNOs) are included in this than 1,000 employees. Thus, under this carriers reported that they were engaged industry. Under that size standard, such category and the associated small in the provision of wireless telephony, a business is small if it has 1,500 or business size standard, the majority of including cellular service, Personal fewer employees. Census data for 2012 Other Toll Carriers can be considered Communications Service, and show that 1,341 firms provided resale small. According to internally Specialized Telephony services during that year. Of that developed Commission data, 284 services. Of this total, an estimated 261 number, all operated with fewer than companies reported that their primary have 1,500 or fewer employees, and 152 1,000 employees. Thus, under this telecommunications service activity was have more than 1,500 employees. Thus, category and the associated small the provision of other toll carriage. Of using available data, we estimate that business size standard, the majority of these, an estimated 279 have 1,500 or the majority of wireless firms can be these prepaid calling card providers can fewer employees. Consequently, the considered small. be considered small entities. Commission estimates that most Other 88. Wireless Communications 83. Toll Resellers. The Commission Toll Carriers are small entities that may Services. This service can be used for has not developed a definition for Toll be affected by rules adopted pursuant to fixed, mobile, radiolocation, and digital Resellers. The closest NAICS Code the Second Further Notice. audio broadcasting satellite uses. The Category is Telecommunications 85. Prepaid Calling Card Providers. Commission defined ‘‘small business’’ Resellers. The Telecommunications The SBA has developed a definition for for the wireless communications Resellers industry comprises small businesses within the category of services (WCS) auction as an entity with establishments engaged in purchasing Telecommunications Resellers. Under average gross revenues of $40 million access and network capacity from that SBA definition, such a business is for each of the three preceding years, owners and operators of small if it has 1,500 or fewer employees. and a ‘‘very small business’’ as an entity telecommunications networks and According to the Commission’s Form with average gross revenues of $15 reselling wired and wireless 499 Filer Database, 500 companies million for each of the three preceding telecommunications services (except reported that they were engaged in the years. The SBA has approved these satellite) to businesses and households. provision of prepaid calling cards. The definitions. Establishments in this industry resell Commission does not have data 89. Wireless Telephony. Wireless telecommunications; they do not regarding how many of these 500 telephony includes cellular, personal operate transmission facilities and companies have 1,500 or fewer communications services, and infrastructure. Mobile virtual network employees. Consequently, the specialized mobile radio telephony operators (MVNOs) are included in this Commission estimates that there are 500 carriers. As noted, the SBA has industry. The SBA has developed a or fewer prepaid calling card providers developed a small business size small business size standard for the that may be affected by the rules. standard for Wireless category of Telecommunications 86. Wireless Telecommunications Telecommunications Carriers (except Resellers. Under that size standard, such Carriers (except Satellite). This industry Satellite). Under the SBA small business a business is small if it has 1,500 or comprises establishments engaged in size standard, a business is small if it fewer employees. Census data for 2012 operating and maintaining switching has 1,500 or fewer employees. show that 1,341 firms provided resale and transmission facilities to provide According to Commission data, 413 services during that year. Of that communications via the airwaves. carriers reported that they were engaged number, 1,341 operated with fewer than Establishments in this industry have in wireless telephony. Of these, an 1,000 employees. Thus, under this spectrum licenses and provide services estimated 261 have 1,500 or fewer category and the associated small using that spectrum, such as cellular employees and 152 have more than business size standard, the majority of services, paging services, wireless 1,500 employees. Therefore, a little less these resellers can be considered small , and wireless video than one third of these entities can be entities. According to Commission data, services. The appropriate size standard considered small. 881 carriers have reported that they are under SBA rules is that such a business 90. Cable and Other Subscription engaged in the provision of toll resale is small if it has 1,500 or fewer Programming. This industry comprises services. Of this total, an estimated 857 employees. For this industry, U.S. establishments primarily engaged in have 1,500 or fewer employees. Census data for 2012 show that there operating studios and facilities for the Consequently, the Commission were 967 firms that operated for the broadcasting of programs on a

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subscription or fee basis. The broadcast requests nor collects information on recordkeeping, or other compliance programming is typically narrowcast in whether cable system operators are requirements. nature (e.g., limited format, such as affiliated with entities whose gross 95. As reported in the Final news, sports, education, or youth- annual revenues exceed $250 million. Regulatory Flexibility Analysis (1996 oriented). These establishments produce Although it seems certain that some of FRFA) of the 1996 order instituting the programming in their own facilities or these cable system operators are dialing parity rules, the compliance acquire programming from external affiliated with entities whose gross sources. The programming material is annual revenues exceed $250 million, requirements of the Section 251 dialing usually delivered to a third party, such we are unable at this time to estimate parity rules include ‘‘dialing-parity as cable systems or direct-to-home with greater precision the number of specific software, hardware, signaling satellite systems, for transmission to cable system operators that would system upgrades and necessary viewers. The SBA has established a size qualify as small cable operators under consumer education.’’ Such compliance standard for this industry stating that a the definition in the Communications entailed the ‘‘use of engineering, business in this industry is small if it Act. technical, operational, and accounting has 1,500 or fewer employees. The 2012 93. All Other Telecommunications. skills.’’ We seek comment on whether Economic Census indicates that 367 ‘‘All Other Telecommunications’’ is withdrawing these proposed rules will firms were operational for that entire defined as follows: This U.S. industry is enable LECs, including small entities, to year. Of this total, 357 operated with comprised of establishments that are reduce or eliminate these costs via a less than 1,000 employees. Accordingly primarily engaged in providing lesser compliance burden. we conclude that a substantial majority specialized telecommunications of firms in this industry are small under services, such as satellite tracking, E. Steps Taken To Minimize the the applicable SBA size standard. communications telemetry, and radar Significant Economic Impact on Small 91. Cable Companies and Systems station operation. This industry also Entities, and Significant Alternatives (Rate Regulation). The Commission has includes establishments primarily Considered developed its own small business size engaged in providing satellite terminal standards for the purpose of cable rate stations and associated facilities 96. The RFA requires an agency to regulation. Under the Commission’s connected with one or more terrestrial describe any significant alternatives that rules, a ‘‘small cable company’’ is one systems and capable of transmitting it has considered in reaching its serving 400,000 or fewer subscribers telecommunications to, and receiving proposed approach, which may include nationwide. Industry data indicate that telecommunications from, satellite the following four alternatives (among there are currently 4,600 active cable systems. Establishments providing others): (1) The establishment of systems in the United States. Of this Internet services or voice over Internet differing compliance or reporting total, all but eleven cable operators protocol (VoIP) services via client- requirements or timetables that take into nationwide are small under the 400,000- supplied telecommunications account the resources available to small subscriber size standard. In addition, connections are also included in this entities; (2) the clarification, under the Commission’s rate regulation industry. The SBA has developed a consolidation, or simplification of rules, a ‘‘small system’’ is a cable system small business size standard for ‘‘All compliance and reporting requirements serving 15,000 or fewer subscribers. Other Telecommunications,’’ which under the rules for such small entities; Current Commission records show 4,600 consists of all such firms with gross (3) the use of performance rather than cable systems nationwide. Of this total, annual receipts of $32.5 million or less. design standards; and (4) an exemption 3,900 cable systems have fewer than For this category, census data for 2012 from coverage of the rule, or any part 15,000 subscribers, and 700 systems show that there were 1,442 firms that thereof, for such small entities. have 15,000 or more subscribers, based operated for the entire year. Of these on the same records. Thus, under this firms, a total of 1,400 had gross annual 97. The 1996 FRFA states that the standard as well, we estimate that most receipts of less than $25 million. dialing parity provisions allowed ‘‘LECs cable systems are small entities. Consequently, we estimate that the and competing providers of telephone 92. Cable System Operators (Telecom majority of All Other toll service’’ including small entities ‘‘to Act Standard). The Communications Telecommunications firms are small not be subject to an array of differing Act also contains a size standard for entities that might be affected by our state standards and timetables requiring small cable system operators, which is action. them to research and tailor their ‘‘a cable operator that, directly or operations to the unique requirements D. Description of Projected Reporting, through an affiliate, serves in the of each state.’’ We seek comment as to Recordkeeping, and Other Compliance aggregate fewer than 1 percent of all the extent all LECs, including small Requirements for Small Entities subscribers in the United States and is entities, will be economically impacted not affiliated with any entity or entities 94. This NPRM proposes changes to, by the removal of nationwide whose gross annual revenues in the and seeks comment on, Commission provisions. aggregate exceed $250,000,000.’’ There rules on Local Number Portability are approximately 52,403,705 cable Administration, and Nationwide 98. The 1996 FRFA also explains that video subscribers in the United States Number Portability (NNP). The NPRM as result of the dialing parity rules, a today. Accordingly, an operator serving seeks to amend our rules by removing carrier could not automatically fewer than 524,037 subscribers shall be the N–1 query requirement and designate itself as a ‘‘toll carrier without deemed a small operator if its annual proposes to forbear from remaining notifying the customer of the revenues, when combined with the total interexchange dialing parity opportunity to choose an alternative annual revenues of all its affiliates, do requirements of section 251(b)(3). The carrier, one or more of which may be a not exceed $250 million in the objectives of the proposed modifications small business.’’ We seek comment as to aggregate. Based on available data, we are to remove impediments to NNP. As any additional economic burden find that all but nine incumbent cable the NPRM seeks comment on rule incurred by small entities as a result of operators are small entities under this withdrawal and forbearance, we the withdrawal of the dialing parity size standard. The Commission neither therefore do not adopt new reporting, rule.

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F. Federal Rules That May Duplicate, 101. This proceeding shall be treated Information Center, will send a copy of Overlap, or Conflict With the Proposed as a ‘‘permit-but-disclose’’ proceeding in this Notice of Proposed Rulemaking, Rules accordance with the Commission’s ex including the IRFA, to the Chief parte rules. Persons making ex parte Counsel for Advocacy of the Small 99. None. presentations must file a copy of any Business Administration (SBA). VII. Procedural Matters written presentation or a memorandum summarizing any oral presentation C. Paperwork Reduction Act A. Deadlines and Filing Procedures within two business days after the 103. This document may contain 100. Pursuant to sections 1.415 and presentation (unless a different deadline proposed new or modified information 1.419 of the Commission’s rules, 47 CFR applicable to the Sunshine period collection requirements. The 1.415, 1.419, interested parties may file applies). Persons making oral ex parte Commission, as part of its continuing comments and reply comments on or presentations are reminded that effort to reduce paperwork burdens, before the dates indicated on the first memoranda summarizing the invites the general public and the Office page of this document in Dockets WC presentation must (1) list all persons of Management and Budget (OMB) to 17–244, and WC 13–97. Comments may attending or otherwise participating in comment on the information collection be filed using the Commission’s the meeting at which the ex parte requirements contained in this Electronic Comment Filing System presentation was made, and (2) document, as required by the Paperwork (ECFS). See Electronic Filing of summarize all data presented and Reduction Act of 1995, Public Law 104– Documents in Rulemaking Proceedings, arguments made during the 13. In addition, pursuant to the Small 63 FR 24121 (1998). presentation. If the presentation Business Paperwork Relief Act of 2002, D Electronic Filers: Comments may be consisted in whole or in part of the Public Law 107–198, we seek specific filed electronically using the Internet by presentation of data or arguments comment on how we might further accessing the ECFS: http://apps.fcc.gov/ already reflected in the presenter’s reduce the information collection ecfs/. written comments, memoranda or other burden for small business concerns with D Paper Filers: Parties who choose to filings in the proceeding, the presenter fewer than 25 employees. may provide citations to such data or file by paper must file an original and D. Contact Persons one copy of each filing. If more than one arguments in his or her prior comments, docket or rulemaking number appears in memoranda, or other filings (specifying 104. For further information about the caption of this proceeding, filers the relevant page and/or paragraph this proceeding, please contact Sherwin must submit two additional copies for numbers where such data or arguments Siy, FCC Wireline Competition Bureau, each additional docket or rulemaking can be found) in lieu of summarizing Competition Policy Division, Room 5– number. them in the memorandum. Documents C225, 445 12th Street SW., Washington, Filings can be sent by hand or shown or given to Commission staff DC 20554, (202) 418–2783, messenger delivery, by commercial during ex parte meetings are deemed to [email protected]. be written ex parte presentations and overnight courier, or by first-class or VIII. Ordering Clauses overnight U.S. Postal Service mail. All must be filed consistent with rule filings must be addressed to the 1.1206(b). In proceedings governed by 105. Accordingly, it is ordered, Commission’s Secretary, Office of the Rule 1.49(f) or for which the pursuant to sections 1, 4(i), 10, 201(b), Secretary, Federal Communications Commission has made available a and 251(e) of the Communication Act of Commission. method of electronic filing, written ex 1934, as amended, 47 U.S.C. 151, 154(i), parte presentations and memoranda 160, 201(b), and 251(e) that this Notice D All hand-delivered or messenger- summarizing oral ex parte of Proposed Rulemaking and Notice of delivered paper filings for the presentations, and all attachments Inquiry is adopted. Commission’s Secretary must be thereto, must be filed through the 106. It is further ordered that the delivered to FCC Headquarters at 445 electronic comment filing system Commission’s Consumer and 12th St. SW., Room TW–A325, available for that proceeding, and must Governmental Affairs Bureau, Reference Washington, DC 20554. The filing hours be filed in their native format (e.g., .doc, Information Center, shall send a copy of are 8:00 a.m. to 7:00 p.m. All hand .xml, .ppt, searchable .pdf). Participants this Notice of Proposed Rulemaking, deliveries must be held together with in this proceeding should familiarize including the IRFA, to the Chief rubber bands or fasteners. Any themselves with the Commission’s ex Counsel for Advocacy of the Small envelopes and boxes must be disposed parte rules. Business Administration. of before entering the building. D Commercial overnight mail (other B. Initial Regulatory Flexibility Analysis List of Subjects than U.S. Postal Service Express Mail 102. Pursuant to the Regulatory 47 CFR Part 51 and Priority Mail) must be sent to 9050 Flexibility Act (RFA), the Commission Junction Drive, Annapolis Junction, MD has prepared an Initial Regulatory Interconnection. 20701. Flexibility Analysis (IRFA) of the 47 CFR Part 52 D U.S. Postal Service first-class, possible significant economic impact on Express, and Priority mail must be small entities of the policies and actions Numbering. addressed to 445 12th Street SW., considered in this Notice of Proposed Federal Communications Commission. Washington DC 20554. Rulemaking. The text of the IRFA is set Marlene H. Dortch, D People With Disabilities: To request forth in Appendix B. Written public Secretary. materials in accessible formats for comments are requested on this IRFA. people with disabilities (braille, large Comments must be identified as Proposed Rules print, electronic files, audio format), responses to the IRFA and must be filed For the reasons set forth above, The send an email to [email protected] or call by the deadlines for comment on the Federal Communications Commission the Consumer & Governmental Affairs Notice of Proposed Rulemaking. The proposes to amend parts 51 and 52 of Bureau at 202–418–0530 (voice), 202– Commission’s Consumer and Title 47 of the Code of Federal 418–0432 (TTY). Governmental Affairs Bureau, Reference Regulations as follows:

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PART 51—INTERCONNECTION § 51.209 [Removed] § 52.26 NANC Recommendations on Local Remove § 51.209. Number Portability Administration. ■ ■ 1. The authority citation for part 51 4. Remove § 51.213 (a) Local number portability continues to read as follows: § 51.213 [Removed] administration shall comply with the Authority: 47 U.S.C. 151–55, 201–05, 207– Remove § 51.213. recommendations of the North 09, 218, 220, 225–27, 251–54, 256, 271, ■ 5. Remove § 51.215. American Numbering Council (NANC) 303(r), 332, 1302. as set forth in the report to the § 51.215 [Removed] Commission prepared by the NANC’s Subpart C—Obligations of All Local Remove § 51.215. Local Number Portability Exchange Carriers PART 52—NUMBERING Administration Selection Working Group, dated April 25, 1997 (Working ■ 2. Amend § 51.205 by revising it to ■ 6. The authority citation for part 52 Group Report) and its appendices, read as follows: continues to read as follows: which are incorporated by reference § 51.205 Dialing parity: General. Authority: Secs. 1, 2, 4, 5, 48 Stat. 1066, pursuant to 5 U.S.C. 552(a) and 1 CFR as amended; 47 U.S.C. 151, 152, 154 and 155 part 51. Except that: Sections 7.8 and A local exchange carrier (LEC) shall unless otherwise noted. Interpret or apply 7.10 of Appendix D and the following provide local dialing parity to secs. 3, 4, 201–05, 207–09, 218, 225–27, 251– portions of Appendix E: Section 7, Issue competing providers of telephone 52, 271 and 332, 48 Stat. 1070, as amended, 1077; 47 U.S.C. 153, 154, 201–05, 207–09, Statement I of Appendix A, and exchange service, with no unreasonable 218, 225–27, 251–52, 271 and 332 unless Appendix B in the Working Group dialing delays. Dialing parity shall be otherwise noted. Report are not incorporated herein. provided for originating Subpart C—Number Portability * * * * * telecommunications services that [FR Doc. 2017–25458 Filed 11–24–17; 8:45 am] require dialing to route a call. ■ 7. In § 52.26 revise paragraph (a) to BILLING CODE 6712–01–P ■ 3. Remove § 51.209. read as follows:

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Notices Federal Register Vol. 82, No. 226

Monday, November 27, 2017

This section of the FEDERAL REGISTER number and the agency informs DEPARTMENT OF AGRICULTURE contains documents other than rules or potential persons who are to respond to proposed rules that are applicable to the the collection of information that such Departmental Management; public. Notices of hearings and investigations, persons are not required to respond to Performance Review Board committee meetings, agency decisions and Membership; Notice Appointments rulings, delegations of authority, filing of the collection of information unless it petitions and applications and agency displays a currently valid OMB control AGENCY: Office of Human Resource statements of organization and functions are number. Management, Departmental examples of documents appearing in this Management, USDA. section. Foreign Agricultural Service ACTION: Notice of Performance Review Title: Pima Agriculture Cotton Trust Board appointments. Fund. DEPARTMENT OF AGRICULTURE SUMMARY: This notice announces the OMB Control Number: 0551–0044. members of the Senior Executive Submission for OMB Review; Summary of Collection: Section 12314 Comment Request Service (SES) and Senior Level (SL) and of the Agricultural Act of 2014 (Pub. L. Scientific or Professional (ST) November 21, 2017. 113–79) authorizes distribution out of Performance Review Board. Agriculture The Department of Agriculture has the Pima Agriculture Cotton Trust Fund has one PRB that is represented by each submitted the following information in each of calendar years 2014 through Mission Area. The PRB is comprised of collection requirement(s) to OMB for 2018, payable to qualifying claimants. a Chairperson and a mix of career and review and clearance under the Eligible claimants are directed to submit noncareer senior executives that meets Paperwork Reduction Act of 1995, a notarized affidavit, following the annually to review and evaluate Public Law 104–13. Comments are statutory procedures specified Section performance appraisal documents and requested regarding (1) whether the 12314(c) or (d) of the Act. provides a written recommendation to collection of information is necessary Need and Use of the Information: the Secretary for final approval of each for the proper performance of the Distributions out of the Trust Fund is executive’s performance rating, functions of the agency, including payable to (1) One or more nationally performance-based pay adjustment, and whether the information will have recognized associations established for performance award. practical utility; (2) the accuracy of the the promotion of pima cotton for use in DATES: The board membership is agency’s estimate of burden including textile and apparel goods; (2) yarn applicable beginning on October 24, the validity of the methodology and spinners of pima cotton that produce 2017. assumptions used; (3) ways to enhance ring spun cotton yarns in the United FOR FURTHER INFORMATION CONTACT: the quality, utility and clarity of the States; and (3) manufacturers who cut information to be collected; and (4) Marsha A. Wiggins, Acting Director, and sew cotton shirts in the United Office of Human Resources ways to minimize the burden of the States who certify that they used collection of information on those who Management, telephone: (202) 720– imported cotton fabric during calendar 3585, or Terri Meighan, Acting Director, are to respond, including through the year 2013. Eligible claimants for a use of appropriate automated, Executive Resources Management distribution from the Pima Cotton Trust electronic, mechanical, or other Division, telephone: (202) 720–2655. Fund are directed to submit a notarized technological collection techniques or SUPPLEMENTARY INFORMATION: In affidavit. The Foreign Agriculture other forms of information technology. accordance with 5 U.S.C. 4314(c)(4), the Comments regarding this information Service (FAS) will use the information USDA PRB members are named below: provided in the affidavits to certify the collection received by December 27, Office of the Secretary 2017 will be considered. Written claimants’ eligibility and to authorize comments should be addressed to: Desk payment from the Pima Cotton Trust Adcock, Rebeckah F. and Lyons, Officer for Agriculture, Office of Fund. If eligible claimants do not Margaret P. submit an affidavit with the required Information and Regulatory Affairs, Assistant Secretary for Administration Office of Management and Budget information they will not be entitled to (OMB), New Executive Office Building, a distribution from the Pima Cotton Salguero, Francisco; William, Duane Trust Fund. 725 17th Street NW., Washington, DC Assistant Secretary for Civil Rights 20502. Commenters are encouraged to Description of Respondents: Business Lake Scott, Winona M. submit their comments to OMB via or other-for-profit. _ email to: OIRA Submission@ Number of Respondents: 7. Food, Nutrition and Consumer Services OMB.EOP.GOV or fax (202) 395–5806 Lipps, Brandon R. and to Departmental Clearance Office, Frequency of Responses: USDA, OCIO, Mail Stop 7602, Recordkeeping, Reporting: Annually. Farm Production and Conservation Washington, DC 20250–7602. Copies of Total Burden Hours: 14. Christensen, Thomas W. the submission(s) may be obtained by calling (202) 720–8958. Ruth Brown, Food Safety An agency may not conduct or Departmental Information Collection Rottenberg, Carmen M. sponsor a collection of information Clearance Officer. unless the collection of information [FR Doc. 2017–25575 Filed 11–24–17; 8:45 am] Marketing and Regulatory Programs displays a currently valid OMB control BILLING CODE 3410–10–P Morris, Erin and Shea, A. Kevin

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Natural Resources and Environment 1568, telephone (202) 720–9452 or U.S. Department of Commerce, 1401 Jiron, Daniel J.; Millar, Constance I.; email to [email protected]. Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4987 or and Velasco, Robert Correction (202) 482–6274, respectively. Office of Budget and Program Analysis In the Federal Register of October 12, SUPPLEMENTARY INFORMATION: 2017, in FR Doc. 2017–22042, on page Bice, Donald 47462, in the first column, the heading Background Office of the Chief Economist ‘‘a. High Poverty Areas (15 Points)’’ In June 2017, the Department received Hohenstein, William G. should read ‘‘a. High Poverty Areas (10 multiple timely requests to conduct an Points).’’ administrative review of the Office of the Chief Financial Officer Also, in the same FR Doc. 2017– antidumping duty order on TRBs from Moaney, Lynn M. 22042, on page 47462, in the first the PRC. Based upon these requests, on column, under the heading ‘‘a. High August 1, 2017, in accordance with Office of the General Counsel Poverty Areas’’ in the first paragraph, section 751(a) of the Tariff Act of 1930, Leland, Arlean and Ricci, Carrie F. the third sentence should begin as as amended (the Act), the Department follows: ‘‘In support of this USDA published a notice of initiation of an Rural Development initiative, RUS will award 10 priority administrative review covering the McLean, Christopher and Primrose, points for projects that serve period June 1, 2016, through May 31, Edna communities in counties that are 2017, with respect to 24 companies.1 On classified as High Poverty or Persistent Research Education and Economics September 13, 2017, CPZ/SKF and Poverty by the USDA Economic SGBC withdrew their requests for an Bretting, Peter K.; Hamer Jr., Hubert; Research Service . . .’’ administrative review. On September Jacobs-Young, Chavonda J.; Liu, Simon Dated: November 20, 2017. 13, 2017, and October 30, 2017, The Y.; and Mattoo, Autar K. Christopher A. McLean, Timken Company (the petitioner) Trade and Foreign Agricultural Affairs Acting Administrator, Rural Utilities Service. withdrew its requests for an [FR Doc. 2017–25527 Filed 11–24–17; 8:45 am] administrative review on SGBC, Hafemeister, Jason T. BILLING CODE P Wanxiang, and New Torch. Dated: November 17, 2017. Partial Rescission Marsha A. Wiggins, Pursuant to 19 CFR 351.213(d)(1), the Acting Chief Human Capital Officer. DEPARTMENT OF COMMERCE Department will rescind an [FR Doc. 2017–25525 Filed 11–24–17; 8:45 am] International Trade Administration administrative review, in whole or in BILLING CODE P part, if a party who requested the review [A–570–601] withdraws the request within 90 days of DEPARTMENT OF AGRICULTURE the date of publication of notice of Tapered Roller Bearings and Parts initiation of the requested review. CPZ/ Thereof, Finished and Unfinished, Rural Utilities Service SKF and SGBC timely withdrew their From the People’s Republic of China: requests for an administrative review of Announcement of Grant Application Rescission, in Part, of Antidumping themselves. The petitioner timely Deadlines and Funding Levels for the Duty Administrative Review; 2016– withdrew its requests for review Assistance to High Energy Cost Rural 2017 concerning SGBC, Wanxiang, and New Communities Grant Program AGENCY: Enforcement and Compliance, Torch. No other party requested a review of these four companies. AGENCY: Rural Utilities Service, USDA. International Trade Administration, United States Department of Commerce. Accordingly, we are rescinding this ACTION: Notice of Solicitation of review, in part, with respect to these SUMMARY: On August 1, 2017, the Applications (NOSA); correction. companies, pursuant to 19 CFR Department of Commerce (Department) 351.213(d)(1). SUMMARY: The Rural Utilities Service initiated an administrative review of the (RUS), an agency of the United States antidumping duty order on tapered Assessment roller bearings and parts thereof, Department of Agriculture (USDA) The Department will instruct U.S. finished and unfinished (TRBs) from the published a document in the Federal Customs and Border Protection (CBP) to People’s Republic of China (PRC) for 24 Register on October 12, 2017 assess antidumping duties on all companies. Based on timely withdrawal announcing the availability of up to $10 appropriate entries. For the companies of requests for review, we are now million in fiscal year 2017 (FY17) and for which this review is rescinded, rescinding this administrative review application deadlines for competitive antidumping duties shall be assessed at with respect to four of these companies, grants to assist communities with rates equal to the cash deposit of Changshan Peer Bearing Co., Ltd. (CPZ/ extremely high energy costs. The estimated antidumping duties required SKF), Hubei New Torch Science & priority points to be awarded for at the time of entry, or withdrawal from Technology Co Ltd (New Torch), projects serving communities identified warehouse, for consumption, in Shanghai General Bearing Co., Ltd as high poverty communities is 10 accordance with 19 CFR (SGBC), and Wanxiang Group Corp points. This notice is to correct 351.212(c)(1)(i). The Department (Wanxiang). inconsistencies on this matter in the intends to issue appropriate assessment NOSA that was published on October DATES: Applicable November 27, 2017. 12th. FOR FURTHER INFORMATION CONTACT: 1 See Initiation of Antidumping and FOR FURTHER INFORMATION CONTACT: Andrew Medley or Whitley Herndon, Countervailing Duty Administrative Reviews, 82 FR 35749 (August 1, 2017). See also Initiation of Robin Meigel, USDA—Rural Utilities AD/CVD Operations, Office II, Antidumping and Countervailing Duty Service, 1400 Independence Avenue Enforcement and Compliance, Administrative Reviews, 82 FR 42974, 42981 SW., Stop 1568, Washington, DC 20250– International Trade Administration, (September 13, 2017).

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instructions to CBP 15 days after circumstances reviews to consider the Accordingly, on November 10, 2017, publication of this notice. possible revocation, in part, of the Pitsco submitted the following revised antidumping duty (AD) and exclusion language: 6 Notification to Importers countervailing duty (CVD) orders on Excluded from the scope of these orders This notice serves as a reminder to crystalline silicon photovoltaic cells, are panels with surface area from 3,450 mm2 importers of their responsibility under whether or not assembled into modules, to 33,782 mm2 with one black wire and one 19 CFR 351.402(f)(2) to file a certificate from the People’s Republic of China red wire (each of type 22 AWG or 24 AWG regarding the reimbursement of (PRC) with respect to certain solar not more than 206 mm in length when antidumping duties prior to liquidation panels, as described below. measured from panel extrusion), and not of the relevant entries during this DATES: Applicable November 27, 2017. exceeding 2.9 volts, 1.1 amps, and 3.19 watts. review period. Failure to comply with No panel shall contain an internal battery or FOR FURTHER INFORMATION CONTACT: external computer peripheral ports. this requirement could result in the Lauren Caserta or Kaitlin Wojnar, AD/ presumption that reimbursement of CVD Operations, Office VII, On November 13, 2017, SolarWorld antidumping duties occurred and the Enforcement and Compliance, submitted a letter stating that it does not subsequent assessment of doubled International Trade Administration, oppose the revised exclusion language antidumping duties. U.S. Department of Commerce, 1401 submitted by Pitsco on November 10, Notification Regarding Administrative Constitution Avenue NW., Washington, 2017.7 Protective Orders DC 20230; telephone: (202) 482–4737 Scope of the Antidumping and This notice also serves as a reminder and (202) 482–3857, respectively. Countervailing Duty Orders on Certain to parties subject to administrative SUPPLEMENTARY INFORMATION: Crystalline Silicon Photovoltaic Cells, protective order (APO) of their Background Whether or Not Assembled Into responsibility concerning the return or Modules, From the People’s Republic of destruction of proprietary information On December 7, 2012, the Department China disclosed under APO in accordance published AD and CVD orders on The merchandise covered by the with 19 CFR 351.305, which continues certain crystalline silicon photovoltaic orders is crystalline silicon photovoltaic to govern business proprietary cells, whether or not assembled into 1 cells, and modules, laminates, and information in this segment of the modules, from the PRC. On October 6, 2017, Pitsco, an panels, consisting of crystalline silicon proceeding. Timely written notification importer of the subject merchandise, photovoltaic cells, whether or not of the return/destruction of APO requested through a changed partially or fully assembled into other materials or conversion to judicial circumstances review revocation, in products, including, but not limited to, protective order is hereby requested. part, of the Orders pursuant to section modules, laminates, panels and building Failure to comply with the regulations 751(b)(1) of the Tariff Act of 1930, as integrated materials. and terms of an APO is a violation amended (the Act) and 19 CFR The orders cover crystalline silicon which is subject to sanction. 351.216(b),2 with respect to certain solar This notice is issued and published in photovoltaic cells of thickness equal to panels. On October 13, 2017, accordance with sections 751 and or greater than 20 micrometers, having SolarWorld Americas, Inc. (the 777(i)(1) of the Act, and 19 CFR a p/n junction formed by any means, petitioner) submitted a letter stating that 351.213(d)(4). whether or not the cell has undergone it does not oppose the scope exclusion other processing, including, but not Dated: November 16, 2017. language proposed by Pitsco.3 From limited to, cleaning, etching, coating, James Maeder, October 25, 2017, through November 8, and/or addition of materials (including, Senior Director performing the duties of 2017,4 the Department consulted with but not limited to, metallization and Deputy Assistant Secretary for Antidumping both Pitsco and SolarWorld regarding conductor patterns) to collect and and Countervailing Duty Operations. revisions to the proposed exclusion forward the electricity that is generated [FR Doc. 2017–25535 Filed 11–24–17; 8:45 am] language; specifically, the Department by the cell. BILLING CODE 3510–DS–P suggested limiting the language to a Merchandise under consideration description of the physical may be described at the time of characteristics of the product and also importation as parts for final finished DEPARTMENT OF COMMERCE expressed concerns regarding the products that are assembled after dimensions indicated in the importation, including, but not limited International Trade Administration 5 description. to, modules, laminates, panels, [A–570–979, C–570–980] building-integrated modules, building- 1 See Crystalline Silicon Photovoltaic Cells, integrated panels, or other finished Whether or Not Assembled into Modules, from the Crystalline Silicon Photovoltaic Cells, goods kits. Such parts that otherwise Whether or Not Assembled Into People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value, meet the definition of merchandise Modules, From the People’s Republic and Antidumping Duty Order, 77 FR 73018 under consideration are included in the of China: Notice of Initiation of (December 7, 2012) and Crystalline Silicon scope of the orders. Changed Circumstances Reviews, and Photovoltaic Cells, Whether or Not Assembled into Excluded from the scope of the orders Consideration of Revocation of the Modules, From the People’s Republic of China: Countervailing Duty Order, 77 FR 73017 (December are thin film photovoltaic products Antidumping and Countervailing Duty 7, 2012) (collectively, Orders). produced from amorphous silicon (a-Si), Orders in Part 2 See Pitsco’s Letter, ‘‘Request for Changed cadmium telluride (CdTe), or copper Circumstances Review (A–570–980; C–570–979),’’ AGENCY: Enforcement and Compliance, dated October 6, 2017. indium gallium selenide (CIGS). International Trade Administration, 3 See SolarWorld’s Letter, ‘‘Pitsco, Inc.’s Scope Department of Commerce. Exclusion Language—Letter of No Opposition,’’ 6 See Pitsco’s Letter, ‘‘Amended Changed SUMMARY: Based on a request from dated October 13, 2017. Circumstances Review (A–570–980; C–570–979),’’ 4 See Memorandum, ‘‘Ex Parte Communications dated November 10, 2017. Pitsco, Inc. d/b/a Pitsco Education with Adduci, Mastriani and Wiley Rein,’’ dated 7 See SolarWorld’s Letter, ‘‘Pitsco, Inc.’s Scope (Pitsco), the Department of Commerce November 13, 2017. Exclusion Language—Letter of No Opposition,’’ (the Department) is initiating changed 5 Id. dated November 13, 2017.

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Also excluded from the scope of the interest in the order, in whole or in part. based, and, in accordance with 19 CFR orders are crystalline silicon In addition, in the event the Department 351.221(c)(3)(i), will include a photovoltaic cells, not exceeding 10,000 determines that expedited action is description of any action proposed mm 2 in surface area, that are warranted, 19 CFR 351.221(c)(3)(ii) because of those results. Pursuant to 19 permanently integrated into a consumer permits the Department to combine the CFR 351.221(b)(4)(ii), interested parties good whose function is other than notices of initiation and preliminary will have an opportunity to comment on power generation and that consumes the results. In its administrative practice, the preliminary results of these reviews. electricity generated by the integrated the Department has interpreted In accordance with 19 CFR 351.216(e), crystalline silicon photovoltaic cell. ‘‘substantially all’’ to mean producers the Department intends to issue the Where more than one cell is accounting for at least 85 percent of the final results of these AD and CVD permanently integrated into a consumer total U.S. production of the domestic changed circumstance reviews within good, the surface area for purposes of like product covered by the order.10 270 days after the date on which the this exclusion shall be the total The petitioner states that it agrees reviews are initiated, or within 45 days combined surface area of all cells that with the exclusion request; however, if all parties to the proceeding agree to are integrated into the consumer good. because the petitioner did not indicate the outcome of the review. This Modules, laminates, and panels whether it accounts for substantially all initiation is published in accordance produced in a third-country from cells of the domestic production of with section 751(b)(1) of the Act and 19 produced in the PRC are covered by the crystalline silicon photovoltaic cells, we CFR 351.221(b)(1). orders; however, modules, laminates, are providing interested parties with the Dated: November 20, 2017. and panels produced in the PRC from opportunity to address the issue of James Maeder, cells produced in a third-country are not domestic industry support with respect covered by the orders. to this requested partial revocation of Senior Director performing the duties of Deputy Assistant Secretary for Antidumping Merchandise covered by these orders the orders, as explained below. After and Countervailing Duty Operations. is currently classified in the examining comments, if any, concerning [FR Doc. 2017–25538 Filed 11–24–17; 8:45 am] Harmonized Tariff System of the United domestic industry support, the BILLING CODE 3510–DS–P States (HTSUS) under subheadings Department will issue the preliminary 8501.61.0000, 8507.20.80, 8541.40.6020, results of these changed circumstances 8541.40.6030, and 8501.31.8000. These reviews. DEPARTMENT OF COMMERCE HTSUS subheadings are provided for Public Comment convenience and customs purposes; the International Trade Administration written description of the scope of the Interested parties are invited to orders is dispositive. provide comments and/or factual Quarterly Update to Annual Listing of information regarding these changed Foreign Government Subsidies on Initiation of Changed Circumstances circumstances reviews, including Articles of Cheese Subject to an In- Reviews, and Consideration of comments concerning industry support. Quota Rate of Duty Revocation of the Orders in Part Comments and factual information may AGENCY: Pursuant to section 751(b) of the Act, be submitted to the Department no later Enforcement and Compliance, the Department will conduct a changed than ten days after the date of International Trade Administration Department of Commerce. circumstances review upon receipt of a publication of this notice. Rebuttal request from an interested party 8 that comments and rebuttal factual DATES: Applicable November 27, 2017. shows changed circumstances sufficient information may be filed with the FOR FURTHER INFORMATION CONTACT: to warrant a review of an order.9 Based Department no later than seven days Stephanie Moore, AD/CVD Operations, on the information provided by Pitsco, after the comments and/or factual Office III, Enforcement and Compliance, the Department has determined that information are filed.11 All submissions International Trade Administration, there exist changed circumstances must be filed electronically using U.S. Department of Commerce, 1401 sufficient to warrant changed Enforcement and Compliance’s AD and Constitution Ave. NW., Washington, DC circumstances reviews of the AD and CVD Centralized Electronic Service 20230, telephone: (202) 482–3692. CVD orders on crystalline silicon System (ACCESS).12 An electronically SUPPLEMENTARY INFORMATION: Section photovoltaic cells, whether or not filed document must be received 702 of the Trade Agreements Act of assembled into modules, from the PRC. successfully in its entirety by ACCESS, 1979 (as amended) (the Act) requires the We find that the petitioner’s affirmative by 5 p.m. Eastern Time on the due dates Department of Commerce (the statement of no interest in the Orders set forth in this notice. Department) to determine, in with respect to the exclusionary text The Department will issue consultation with the Secretary of proposed by Pitsco, as revised by the preliminary results of these changed Agriculture, whether any foreign Department and described above, circumstances reviews, which will set government is providing a subsidy with constitutes good cause for the conduct forth the factual and legal conclusions respect to any article of cheese subject of these reviews. upon which the preliminary results are to an in-quota rate of duty, as defined Section 782(h)(2) of the Act and 19 in section 702(h) of the Act, and to CFR 351.222(g)(1)(i) provide that the 10 See, e.g., Certain Cased Pencils from the publish quarterly updates to the type Department may revoke an order (in People’s Republic of China: Initiation and and amount of those subsidies. We whole or in part) if it determines that Preliminary Results of Antidumping Duty Changed hereby provide the Department’s producers accounting for substantially Circumstances Review, and Intent To Revoke Order in Part, 77 FR 42276 (July 18, 2012), unchanged in quarterly update of subsidies on articles all of the production of the domestic Certain Cased Pencils from the People’s Republic of of cheese that were imported during the like product have expressed a lack of China: Final Results of Antidumping Duty Changed periods April 1, 2017, through June 30, Circumstances Review, and Determination To 2017. 8 Pitsco stated in its October 6, 2017 CCR request Revoke Order, in Part, 77 FR 53176 (August 31, The Department has developed, in that it is an importer of subject merchandise and as 2012). such is an interested party pursuant to 19 CFR 11 Submission of rebuttal factual information consultation with the Secretary of 351.102(b)(29). must comply with 19 CFR 351.301(b)(2). Agriculture, information on subsidies, 9 See 19 CFR 351.216. 12 See, generally, 19 CFR 351.303. as defined in section 702(h) of the Act,

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being provided either directly or on the subsidy programs listed, as the This determination and notice are in indirectly by foreign governments on information is developed. accordance with section 702(a) of the articles of cheese subject to an in-quota The Department encourages any Act. person having information on foreign rate of duty. The appendix to this notice Dated: November 20, 2017. government subsidy programs which lists the country, the subsidy program or Gary Taverman, programs, and the gross and net benefit articles of cheese subject to an Deputy Assistant Secretary for Antidumping amounts of each subsidy for which in-quota rate of duty to submit such information in writing to the Assistant and Countervailing Duty Operations, information is currently available. The performing the non-exclusive functions and Department will incorporate additional Secretary for Enforcement and Compliance, U.S. Department of duties of the Assistant Secretary for programs which are found to constitute Enforcement and Compliance. Commerce, 1401 Constitution Ave. NW., subsidies, and additional information Washington, DC 20230. Appendix

SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTY

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

28 European Union Member States 3 ...... European Union Restitution Payments ...... $0.00 $0.00 Canada ...... Export Assistance on Certain Types of Cheese ...... 0.47 0.47 Norway ...... Indirect (Milk) Subsidy Consumer Subsidy ...... 0.00 0.00 0.00 0.00

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

[FR Doc. 2017–25551 Filed 11–24–17; 8:45 am] Republic of China (PRC).1 Currently, the it finds compelling reasons to deny the BILLING CODE 3510–DS–P preliminary determination is due no request. later than December 20, 2017. On November 14, 2017, the Cast Iron Soil Pipe Institute 2 (the petitioner) DEPARTMENT OF COMMERCE Postponement of Preliminary Determination submitted a timely request that the International Trade Administration Department postpone the preliminary Section 733(b)(1)(A) of the Tariff Act determination in this LTFV of 1930, as amended (the Act), requires investigation.3 The petitioner stated that [A–570–062] the Department to issue the preliminary it requests postponement because it Cast Iron Soil Pipe Fittings From determination in a LTFV investigation believes that ‘‘the Department needs within 140 days after the date on which more time to analyze the information People’s Republic of China: 4 Postponement of Preliminary the Department initiated the submitted to date.’’ Determination in the Less-Than-Fair- investigation. However, section For the reason stated above, and Value Investigation 733(c)(1) of the Act permits the because there are no compelling reasons Department to postpone the preliminary to deny the request, the Department, in AGENCY: Enforcement and Compliance, determination until no later than 190 accordance with section 733(c)(1)(A) of International Trade Administration, days after the date on which the the Act, is postponing the deadline for Department of Commerce. Department initiated the investigation the preliminary determination by 50 DATES: Applicable November 27, 2017. if: (A) The petitioner makes a timely days (i.e., 190 days after the date on FOR FURTHER INFORMATION CONTACT: request for a postponement; or (B) the which this investigation was initiated). Sergio Balbontin at (202) 482–6478 or Department concludes that the parties As a result, the Department will issue its Michael Bowen at (202) 482–0768, AD/ concerned are cooperating, that the preliminary determination no later than CVD Operations, Office VIII, investigation is extraordinarily February 8, 2018. In accordance with Enforcement and Compliance, complicated, and that additional time is section 735(a)(1) of the Act and 19 CFR International Trade Administration, necessary to make a preliminary 351.210(b)(1), the deadline for the final U.S. Department of Commerce, 1401 determination. Under 19 CFR determination of this investigation will Constitution Avenue NW., Washington, 351.205(e), the petitioner must submit a continue to be 75 days after the date of DC 20230. request for postponement 25 days or the preliminary determination, unless postponed at a later date. SUPPLEMENTARY INFORMATION: more before the scheduled date of the preliminary determination and must Background state the reasons for the request. The 2 The members of the Cast Iron Soil Pipe Institute are AB&I Foundry, Charlotte Pipe & Foundry, and On August 2, 2017, the Department of Department will grant the request unless Tyler Pipe. Commerce (the Department) initiated a 3 See Letter from the petitioner, ‘‘Cast Iron Soil less-than-fair-value (LTFV) investigation 1 See Cast Iron Soil Pipe Fittings from the People’s Pipe Fittings from the People’s Republic of China: Republic of China: Initiation of Less-Than-Fair Request to Extend the Preliminary Determination,’’ of imports of cast iron soil pipe fittings Value Investigation, 82 FR 37053 (August 8, 2017) dated November 14, 2017. (soil pipe fittings) from the People’s (Initiation Notice). 4 Id.

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This notice is issued and published likely to prevail should the orders be revocation of the antidumping duty pursuant to section 733(c)(2) of the Act revoked.2 orders would be likely to lead to and 19 CFR 351.205(f)(1). On October 27, 2017, the ITC continuation or recurrence of dumping Dated: November 20, 2017. published its determination, pursuant to and material injury to an industry in the section 751(c)(1) of the Act, that Gary Taverman, United States, pursuant to section revocation of the antidumping duty 751(d)(2) of the Act, the Department Deputy Assistant Secretary for Antidumping orders on certain stilbenic OBAs from hereby orders the continuation of the and Countervailing Duty Operations, the PRC and Taiwan would be likely to performing the non-exclusive functions and antidumping orders on certain stilbenic duties of the Assistant Secretary for lead to continuation or recurrence of OBAs from the PRC and Taiwan. U.S. Enforcement and Compliance. material injury to an industry in the Customs and Border Protection will [FR Doc. 2017–25536 Filed 11–24–17; 8:45 am] United States within a reasonably continue to collect antidumping duty foreseeable time.3 BILLING CODE 3510–DS–P cash deposits at the rates in effect at the Scope of the Orders time of entry for all imports of subject merchandise. The effective date of the The stilbenic OBAs covered by the DEPARTMENT OF COMMERCE continuation of these orders will be the orders are all forms (whether free acid date of publication in the Federal International Trade Administration or salt) of compounds known as Register of this notice of continuation. triazinylaminostilbenes (i.e., all [A–570–972; A–583–848] ′ Pursuant to section 751(c)(2) of the Act, derivatives of 4,4 -bis [1,3,5-triazin-2- the Department intends to initiate the 4 ′ yl] amino-2,2 -stilbenedisulfonic acid), next five-year review of the orders not Certain Stilbenic Optical Brightening except for compounds listed in the Agents From the People’s Republic of later than 30 days prior to the fifth following paragraph. The stilbenic anniversary of the effective date of China and Taiwan: Continuation of OBAs covered by the orders include Antidumping Duty Orders continuation. final stilbenic OBA products, as well as This five-year (sunset) review and this AGENCY: Enforcement and Compliance, intermediate products that are notice are in accordance with section International Trade Administration, themselves triazinylaminostilbenes 751(c) of the Act and published Department of Commerce. produced during the synthesis of pursuant to section 777(i)(1) of the Act. stilbenic OBA products. DATES: Applicable November 27, 2017. Excluded from the orders are all forms Dated: November 20, 2017. SUMMARY: As a result of the of 4,4′-bis[4-anilino-6-morpholino-1,3,5- Gary Taverman, determinations by the Department of triazin-2-yl] 5 amino-2,2′- Deputy Assistant Secretary for Antidumping Commerce (the Department) and the stilbenedisulfonic acid, C40H40N12O8S2 and Countervailing Duty Operations, U.S. International Trade Commission (Fluorescent Brightener 71). The orders performing the non-exclusive functions and (ITC) that revocation of the antidumping cover the above-described compounds duties of the Assistant Secretary for Enforcement and Compliance. duty orders on certain stilbenic optical in any state (including but not limited brightening agents (stilbenic OBAs) to powder, slurry, or solution), of any [FR Doc. 2017–25537 Filed 11–24–17; 8:45 am] from the People’s Republic of China concentrations of active stilbenic OBA BILLING CODE 3510–DS–P (PRC) and Taiwan would likely lead to ingredient, as well as any compositions continuation or recurrence of dumping regardless of additives (i.e., mixtures or DEPARTMENT OF COMMERCE and material injury to an industry in the blends, whether of stilbenic OBAs with United States, the Department is each other, or of stilbenic OBAs with publishing a notice of continuation of National Oceanic and Atmospheric additives that are not stilbenic OBAs), Administration the antidumping duty orders. and in any type of packaging. FOR FURTHER INFORMATION CONTACT: Eli These stilbenic OBAs are classifiable RIN 0648–XF582 Lovely, AD/CVD Operations, Office IV, under subheading 3204.20.8000 of the Takes of Marine Mammals Incidental to Enforcement and Compliance, Harmonized Tariff Schedule of the Specified Activities; Taking Marine International Trade Administration, United States (HTSUS), but they may Mammals Incidental to Bravo Wharf U.S. Department of Commerce, 1401 also enter under subheadings Recapitalization Project, Year 2 Constitution Avenue NW., Washington, 2933.69.6050, 2921.59.4000 and DC 20230; telephone (202) 482–1593. 2921.59.8090. Although the HTSUS AGENCY: National Marine Fisheries SUPPLEMENTARY INFORMATION: On April subheadings are provided for Service (NMFS), National Oceanic and 3, 2017, the Department published the convenience and customs purposes, the Atmospheric Administration (NOAA), notice of initiation of the first sunset written description of the merchandise Commerce. reviews of the antidumping duty orders is dispositive. ACTION: Notice; proposed incidental on stilbenic OBAs from the PRC and Continuation of the Orders harassment authorization; request for Taiwan pursuant to section 751(c) of the comments. Tariff Act of 1930, as amended (the As a result of these determinations by Act).1 the Department and the ITC that SUMMARY: NMFS has received a request As a result of its review, the from Naval Facilities Engineering Department determined that revocation 2 See Certain Stilbenic Optical Brightening Agents Command Southeast and Naval from the People’s Republic of China and Taiwan: Facilities Engineering Command of the antidumping duty orders on Final Results of the Expedited Sunset Reviews of certain stilbenic OBAs from the PRC the Antidumping Duty Orders, 82 FR 36732 (August Atlantic (the Navy) for authorization to and Taiwan would likely lead to 7, 2017). take marine mammals incidental to continuation or recurrence of dumping 3 See USITC Publication 4737 (October 2017), Bravo Wharf Recapitalization, Year 2 in entitled Certain Stilbenic Optical Brightening Naval Station Mayport (NSM), and, therefore, notified the ITC of the Agents from China and Taiwan: Investigation Nos. magnitude of the margins of dumping 731–TA–1186–1187 (Review). Jacksonville, Florida. Pursuant to the 4 The brackets in this sentence are part of the Marine Mammal Protection Act 1 See Initiation of Five-Year (Sunset) Reviews, 82 chemical formula. (MMPA), NMFS is requesting comments FR 16159 (April 3, 2017). 5 Id. on its proposal to issue an incidental

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harassment authorization (IHA) to limited to harassment, a notice of a or making a final decision on the IHA incidentally take marine mammals proposed authorization is provided to request. during the specified activities. NMFS the public for review. Summary of Request will consider public comments prior to An authorization for incidental making any final decision on the takings shall be granted if NMFS finds On July 12, 2017, NMFS received a issuance of the requested MMPA that the taking will have a negligible request from the Navy for an IHA to take authorizations and agency responses impact on the species or stock(s), will marine mammals incidental to pile will be summarized in the final notice not have an unmitigable adverse impact driving in association with the Bravo of our decision. on the availability of the species or Wharf recapitalization project at NSM, DATES: Comments and information must stock(s) for subsistence uses (where FL. The Navy’s request is for take of be received no later than December 27, relevant), and if the permissible bottlenose dolphins (Tursiops truncatus 2017. methods of taking and requirements truncatus) by Level B harassment only. pertaining to the mitigation, monitoring ADDRESSES: Comments should be Neither the Navy nor NMFS expect addressed to Jolie Harrison, Chief, and reporting of such takings are set mortality to result from this activity Permits and Conservation Division, forth. and, therefore, an IHA is appropriate. NMFS has defined ‘‘negligible Office of Protected Resources, National NMFS previously issued IHAs to the impact’’ in 50 CFR 216.103 as an impact Marine Fisheries Service. Physical Navy for similar work at Bravo Wharf resulting from the specified activity that comments should be sent to 1315 East- (81 FR 52637, 1 December 2016; revised cannot be reasonably expected to, and is West Highway, Silver Spring, MD 20910 IHA for this activity: 82 FR 11344, 13 not reasonably likely to, adversely affect and electronic comments should be sent March 2017) and Wharf C–2, also the species or stock through effects on to [email protected]. located within NSM (80 FR 55598, 8 Instructions: NMFS is not responsible annual rates of recruitment or survival. September 2015; 78 FR 71566, 1 The MMPA states that the term ‘‘take’’ for comments sent by any other method, December 2013 and revised IHA for this means to harass, hunt, capture, kill or to any other address or individual, or activity: 79 FR 27863, 1 September attempt to harass, hunt, capture, or kill received after the end of the comment 2014). The Navy complied with all the any marine mammal. period. Comments received requirements (e.g., mitigation, Except with respect to certain monitoring, and reporting) of previous electronically, including all activities not pertinent here, the MMPA attachments, must not exceed a 25- IHAs at Wharf C–2 (80 FR 55598, 8 defines ‘‘harassment’’ as any act of September 2015; 79 FR 27863, 1 megabyte file size. Attachments to pursuit, torment, or annoyance which (i) electronic comments will be accepted in September 2014) and information has the potential to injure a marine regarding their monitoring results may Microsoft Word or Excel or Adobe PDF mammal or marine mammal stock in the file formats only. All comments be found at http://www.nmfs.noaa.gov/ wild (Level A harassment); or (ii) has pr/permits/incidental/construction.htm. received are a part of the public record the potential to disturb a marine and will generally be posted online at This proposed IHA would cover one mammal or marine mammal stock in the year of a larger project for which the www.nmfs.noaa.gov/pr/permits/ wild by causing disruption of behavioral incidental/construction.htm without Navy obtained a prior IHA at Bravo patterns, including, but not limited to, Wharf. The larger project involves change. All personal identifying migration, breathing, nursing, breeding, information (e.g., name, address) recapitalization of Bravo Wharf at three feeding, or sheltering (Level B berths in NSM spread across Phase I and voluntarily submitted by the commenter harassment). may be publicly accessible. Do not Phase II, which involves installing 880 submit confidential business National Environmental Policy Act single sheet piles through the two phases. The majority of construction information or otherwise sensitive or To comply with the National activity is occurring in the first year of protected information. Environmental Policy Act of 1969 the project, with Phase I estimated to be FOR FURTHER INFORMATION CONTACT: (NEPA; 42 U.S.C. 4321 et seq.) and fully complete and Phase II estimated to Brianna Elliott, Office of Protected NOAA Administrative Order (NAO) be 60 percent complete by March 13, Resources, NMFS, (301) 427–8401. 216–6A, NMFS must review our 2018, the proposed start date for this Electronic copies of the application and proposed action (i.e., the issuance of an proposed IHA; therefore, this IHA is for supporting documents, as well as a list incidental harassment authorization) the remaining work at Bravo Wharf. of the references cited in this document, with respect to potential impacts on the may be obtained online at human environment. Description of Proposed Activity www.nmfs.noaa.gov/pr/permits/ This action is consistent with Overview incidental/construction.htm. In case of categories of activities identified in CE problems accessing these documents, B4 of the Companion Manual for NOAA Bravo Wharf is a medium draft, please call the contact listed above. Administrative Order 216–6A, which do general purpose berthing wharf that was SUPPLEMENTARY INFORMATION: not individually or cumulatively have constructed in 1970 and lies at the the potential for significant impacts on western edge of the NSM turning basin. Background the quality of the human environment Bravo Wharf is approximately 2,000 feet Sections 101(a)(5)(A) and (D) of the and for which we have not identified (ft) long, 125 ft wide, and has a berthing MMPA (16 U.S.C. 1361 et seq.) direct any extraordinary circumstances that depth of 50 ft mean lower low water. the Secretary of Commerce (as delegated would preclude this categorical The wharf is one of two primary deep to NMFS) to allow, upon request, the exclusion. Accordingly, NMFS has draft berths at the basin and is capable incidental, but not intentional, taking of preliminarily determined that the of berthing ships up to and including small numbers of marine mammals by issuance of the proposed IHA qualifies large amphibious ships; it is one of three U.S. citizens who engage in a specified to be categorically excluded from primary ordnance handling berths at the activity (other than commercial fishing) further NEPA review. basin. The wharf is a diaphragm steel within a specified geographical region if We will review all comments sheet pile cell structure with a concrete certain findings are made and either submitted in response to this notice apron, partial concrete encasement of regulations are issued or, if the taking is prior to concluding our NEPA process the piling, and asphalt paved deck. The

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wharf is currently in poor condition due containing ship-berthing facilities at through the waters nearby NSM at the to advanced deterioration of the steel sixteen locations along wharves around mouth of the St. Johns River and in sheeting and lack of corrosion the basin perimeter. The basin was nearby nearshore Atlantic waters. These protection. This structural deterioration constructed during the early 1940s by include the bottlenose dolphin has resulted in the institution of load dredging the eastern part of Ribault Bay (Tursiops truncatus truncatus), Atlantic restrictions within 60 ft of the wharf (at the mouth of the St. Johns River), spotted dolphin (Stenella frontalis), face. The purpose of the second year of with dredge material from the basin North Atlantic right whale (Eubalaena this project is to finish installing used to fill parts of the bay and other glacialis), and humpback whale remaining sheet piles by vibratory pile low-lying areas in order to elevate the (Megaptera novaeangliae). Multiple driving, though contingency impact land surface. The basin is currently additional cetacean species occur in driving may be necessary, in order to maintained through regular dredging at south Atlantic waters but would not be complete necessary repairs to Bravo a depth of 50 ft, with depths at the expected to occur in shallow nearshore Wharf. Please refer to the Navy’s berths ranging from 30–50 ft. The waters of the action area. application for a schematic of the turning basin, connected to the St. Johns Sections 3 and 4 of the application project plan. River by a 500-ft-wide entrance channel, summarize available information Both vibratory and impact pile will largely contain sound produced by regarding status and trends, distribution driving could result in take, by Level B project activities, with the exception of and habitat preferences, and behavior harassment only, of bottlenose dolphins sound propagating east into nearshore and life history, of the potentially through exposure to the sound source in Atlantic waters through the entrance affected species. Additional information waters surrounding NSM. Activity will channel (see Figure 2–2 of the Navy’s regarding population trends and threats be confined to forty days, including 30 application). Bravo Wharf is located in may be found in NMFS’s Stock days for vibratory pile driving and 10 the western corner of the Mayport Assessment Reports (SAR; contingency days for impact pile turning basin. www.nmfs.noaa.gov/pr/sars/) and more driving. general information about these species Detailed Description of Specific Activity (e.g., physical and behavioral Dates and Duration In order to rehabilitate Bravo Wharf, descriptions) may be found on NMFS’s The total project, including the first the Navy proposes to install a new steel Web site (www.nmfs.noaa.gov/pr/ year of construction for which an IHA sheet pile bulkhead at Bravo Wharf. The species/mammals/). Please also refer to was issued (82 FR 11344; 22 February entire recapitalization project consists of the Navy’s Marine Resource Assessment 2017) is expected to require a maximum installing a total of approximately 880 for the Charleston/Jacksonville of 130 days of in-water pile driving. The single sheet piles. By March 2018, it is Operating Area, which documents and second year of the project, reflected in estimated that Phase I will be 100 describes the marine resources that this proposed IHA, will involve a percent complete and Phase II will be 60 occur in Navy operating areas of the maximum of 40 days of in-water percent complete, with 234 piles Southeast (DoN 2008). The document is construction. Vibratory pile driving is remaining to be installed. The wall will publicly available at expected to take 30 days, with a be anchored at the top and fill www.navfac.navy.mil/products_and_ contingent 10 days of impact pile consisting of clean gravel and concrete services/ev/products_and_services/ driving. Operators would only conduct fill will be placed behind the wall. A marine_resources/marine_resource_ pile driving during daylight hours as concrete cap will be formed along the assessments.html (accessed October 12, determined by NOAA data, and no in- top and outside face of the wall to tie 2017). water construction activities could the entire structure together and provide Table 1 lists all species with expected occur between 10 p.m. to 6 a.m. at any a berthing surface for vessels. The new potential for occurrence in the vicinity point during the year. The specified bulkhead will be designed for a 50-year of NSM and summarizes information activities are expected to occur between service life. related to the population or stock, March 13, 2018 and March 12, 2019. All piles would be driven by vibratory including regulatory status under the hammer, although impact pile driving MMPA and ESA and potential Specific Geographic Region may be used as a contingency in cases biological removal (PBR), where known. NSM is located in northeastern when vibratory driving is not sufficient For taxonomy, we follow Committee on Florida, at the mouth of the St. Johns to reach the necessary depth. In the Taxonomy (2016). PBR is defined by the River and adjacent to the Atlantic Ocean unlikely event that impact driving is MMPA as the maximum number of (see Figures 1–1, 2–1, and 2–2 of the required, either impact or vibratory animals, not including natural Navy’s application). The St. Johns River driving could occur on a given day, but mortalities, that may be removed from a is the longest river in Florida, with the concurrent use of vibratory and impact marine mammal stock while allowing final 35 miles (mi) flowing through the drivers would not occur. The Navy that stock to reach or maintain its city of Jacksonville. This portion of the estimates that a total of 40 in-water optimum sustainable population (as river is significant for commercial work days may be required to complete described in NMFS’s SARs). While no shipping and military use. At the mouth pile driving activity, which includes 10 mortality is anticipated or authorized of the river, near the action area, the days for contingency impact driving, if here, PBR and annual serious injury and Atlantic Ocean is the dominant necessary. mortality from anthropogenic sources influence and typical salinities are Proposed mitigation, monitoring, and are included here as gross indicators of above 30 parts per million. Outside the reporting measures are described in the status of the species and other river mouth, in nearshore waters, detail later in this document (please see threats. moderate oceanic currents tend to flow Proposed Mitigation and Proposed Marine mammal abundance estimates southward parallel to the coast. Sea Monitoring and Reporting). presented in this document represent surface temperatures range from around the total number of individuals that 16 °C in winter to 28 °C in summer. Description of Marine Mammals in the make up a given stock or the total The specific action area consists of Area of Specified Activities number estimated within a particular the NSM turning basin, an area of There are four marine mammal study or survey area. NMFS’s stock approximately 2,000 by 3,000 ft species which may inhabit or transit abundance estimates for most species

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represent the total estimate of NMFS’s U.S. 2016 SARs (Hayes et al., In addition, the West Indian manatees individuals within the geographic area, 2016). All values presented in Table 1 may be found in the vicinity of NSM. if known, that comprises that stock. For are the most recent available at the time However, West Indian manatees are some species, this geographic area may of publication and are available in the managed by the U.S. Fish and Wildlife extend beyond U.S. waters. All managed 2016 SARs (Hayes et al., 2016). Service and are not considered further stocks in this region are assessed in in this document.

TABLE 1—MARINE MAMMALS POTENTIALLY PRESENT IN THE VICINITY OF NSM

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

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

Family Eschrichtiidae

North Atlantic Right Eubalaena glacialis ...... Western North Atlantic .. E/D; Y 440 (0; 440; 2013) ...... 1 5.66 Whale. Humpback whale ...... Megaptera novaeangliae Gulf of Maine ...... -; N 823 (0; 823; 2011) ...... 13 9.05

Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

Family Delphinidae

Atlantic Spotted Dolphin Stenella frontalis ...... Western North Atlantic .. -; N 44,715 (0.43; 31,610; 316 0 2011). Common bottlenose dol- Tursiops truncatus Jacksonville Estuarine -; Y 412 (0.06; unk; 1994– unk 1.2 phin. truncatus. System. 97) 4. Common bottlenose dol- Tursiops truncatus Western North Atlantic, -/D; Y 1,219 (0.67; 730; 2010– 7 0.4 phin. truncatus. northern Florida 11). coastal. Common bottlenose dol- Tursiops truncatus Western North Atlantic, -; N 77,532 (0.40; 56,053; 63 0–12 phin. truncatus. offshore. 2011). Common bottlenose dol- Tursiops truncatus Western North Atlantic, -/D; Y 9,173 (0.46; 6,326; 63 0–12 phin. truncatus. southern migratory 2010–11). coastal. 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. 3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases. 4 This abundance estimate is considered an overestimate because it includes non- and seasonally-resident animals. Note—Italicized species are not expected to be taken or proposed for authorization.

All species that could potentially boat traffic (Gibbons 2011; Cravey 2016). (Wiley et al., 1995; Laerm et al., 1997; occur in the proposed survey areas are Therefore, the potential for interaction Norris et al., 2013; Waring et al., 2014). included in Table 1. However, the with this species is unlikely and NMFS When considering the low frequency of temporal and/or spatial occurrence of does not believe take authorization is occurrence, small size of ensonified North Atlantic right whales, humpback warranted for right whales. The Navy area, short duration (40 days total), and whales, and Atlantic spotted dolphins is has not requested, and NMFS is not proposed monitoring and mitigation such that take is not expected to occur. proposing to authorize, incidental take (see Proposed Mitigation and Proposed Regarding North Atlantic right of right whales. Monitoring and Reporting below), we whales, an estimate of potential The likelihood of encountering a consider the possibility for harassment exposures shows that there is potential humpback whale in NSM or around the of humpback and right whales to be for two Level B exposures of North mouth of the river is similarly discountable. Atlantic right whales from vibratory pile considered discountable. In the winter, Concerning Atlantic spotted dolphins, driving. However, the North Atlantic some humpback whales migrate from no acoustic exposures were predicted right whale density used in this analysis their summer foraging grounds in the and, from recent observation reports reflects their expected occurrence in Gulf of Maine to their winter breeding from the Navy from previous waters outside of the St. Johns River, as habitat around the Cape Verde Islands construction activity at Naval Station there is no applicable density for waters and West Indies (Stevick et al., 1998; Mayport, no spotted dolphins were affected by the specified activity. We Wenzel et al., 2009, Stevick et al., 2016). observed. Similarly, dolphin research consider the likelihood of occurrence to Significant numbers of whales do not studies that have been conducted in the be extremely low, given that the only migrate to these wintering grounds, and area also reported zero observed spotted known sighting of a North Atlantic right there have been a number of humpback dolphins in the project area (Q. Gibson, whale in the St. Johns River occurred in whale sightings and detections in the pers. comm. with L. McCue, NMFS 2011, resulting in a disruption of all southeastern U.S. during the winter Office of Protected Resources, 2015). We

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consider the likelihood of Atlantic during marine mammal surveys depths between 20–100 m (Waring et spotted dolphins being impacted by the conducted during 2012–2013 in the al., 2014), which is generally deeper construction activities to be Mayport turning basin show bottlenose than waters in the action area. This discountable based on this information, dolphins typically occurring stock is thus excluded from further combined with the zero estimated individually or in pairs, or less analysis. exposures. Therefore, the North Atlantic frequently in larger groups. The Western North Atlantic, southern right whale, humpback whale, and maximum observed group size during migratory coastal—The coastal Atlantic spotted dolphins are excluded these surveys was six, while the mode morphotype of bottlenose dolphin is from further analysis and are not was one. Navy observations indicate continuously distributed from the Gulf discussed further in this document. that bottlenose dolphins rarely linger in of Mexico to the Atlantic and north approximately to Long Island (Waring et Bottlenose Dolphins a particular area in the turning basin, but rather appear to move purposefully al., 2014). On the Atlantic coast, Scott Bottlenose dolphins are found through the basin and then leave, which et al. (1988) hypothesized a single worldwide in tropical to temperate likely reflects a lack of biological coastal stock, citing stranding patterns waters and can be found in all depths importance for these dolphins in the during a high mortality event in 1987– from estuarine inshore to deep offshore basin. Based on currently available 88 and observed density patterns. More waters. Temperature appears to limit the information, it is not possible to recent studies demonstrate that there is range of the species, either directly, or determine the stock to which the instead a complex mosaic of stocks indirectly, for example, through dolphins occurring in the action area (Zolman 2002; McLellan et al., 2002; distribution of prey. Off North American may belong. These stocks are described Rosel et al., 2009). The coastal coasts, common bottlenose dolphins are in greater detail below. morphotype was managed by NMFS as found where surface water temperatures a single stock until 2009, when it was Western North Atlantic Offshore— range from about 10 °C to 32 °C. In many split into five separate stocks, including This stock, consisting of the deep-water regions, including the southeastern U.S., northern and southern migratory stocks. ecotype or offshore form of bottlenose separate coastal and offshore The original, single stock of coastal dolphin in the western North Atlantic, populations are known. There is dolphins recognized from 1995–2001 is distributed primarily along the outer significant genetic, morphological, and was listed as depleted under the MMPA continental shelf and continental slope, hematological differentiation evident as a result of a 1987–88 mortality event. between the two ecotypes (e.g., Walker but has been documented to occur That designation was retained when the 1981; Duffield et al., 1983; Duffield relatively close to shore (Waring et al., single stock was split into multiple 1987; Hoelzel et al., 1998), which 2014). The separation between offshore coastal stocks. Therefore, all coastal correspond to shallow, warm water and and coastal morphotypes varies stocks of bottlenose dolphins are listed deep, cold water. Both ecotypes have depending on location and season, with as depleted under the MMPA, and are been shown to inhabit the western the ranges overlapping to some degree also considered strategic stocks. North Atlantic (Hersh and Duffield south of Cape Hatteras. Based on genetic According to the Scott et al. (1988) 1990; Mead and Potter 1995), where the analysis, Torres et al. (2003) found a hypothesis, a single stock was thought deep-water ecotype tends to be larger distributional break at 34 km from to migrate seasonally between New and darker. In addition, several lines of shore, with the offshore form found Jersey (summer) and central Florida evidence, including photo-identification exclusively seaward of 34 km and in (winter). Instead, it was more recently and genetic studies, support a waters deeper than 34 m. Within 7.5 km determined that a mix of resident and distinction between dolphins inhabiting of shore, all animals were of the coastal migratory stocks exists, with the coastal waters near the shore and those morphotype. More recently, coastwide, migratory movements and spatial present in the inshore waters of bays, systematic biopsy collection surveys distribution of the southern migratory sounds and estuaries. This complex were conducted during the summer and stock the most poorly understood of differentiation of bottlenose dolphin winter to evaluate the degree of spatial these. Stable isotope analysis and populations is observed throughout the overlap between the two morphotypes. telemetry studies provide evidence for Atlantic and Gulf of Mexico coasts South of Cape Hatteras, spatial overlap seasonal movements of dolphins where bottlenose dolphins are found, was found although the probability of a between North Carolina and northern although estuarine populations have not sampled group being from the offshore Florida (Knoff 2004; Waring et al., been fully defined. morphotype increased with increasing 2014), and genetic analyses and tagging In the Mayport area, four stocks of depth, and the closest distance for studies support differentiation of bottlenose dolphins are currently offshore animals was 7.3 km from shore, northern and southern migratory stocks managed, none of which are protected in water depths of 13 m just south of (Rosel et al., 2009; Waring et al., 2014). under the ESA. Of the four stocks— Cape Lookout (Garrison et al., 2003). Although there is significant uncertainty offshore, southern migratory coastal, The maximum radial distance for the regarding the southern migratory stock’s northern Florida coastal, and largest ZOI is approximately 1.2 km spatial movements, telemetry data Jacksonville estuarine system—only the (Table 2); therefore, it is unlikely that indicates that the stock occupies waters latter three are likely to occur in the any individuals of the offshore of southern North Carolina (south of action area. Bottlenose dolphins morphotype would be affected by Cape Lookout) during the fall (October- typically occur in groups of 2–15 project activities. In terms of water December). In winter months (January– individuals (Shane et al., 1986; Kerr et depth, the affected area is generally in March), the stock moves as far south as al., 2005). Although significantly larger the range of the shallower depth northern Florida where it overlaps groups have also been reported, smaller reported for offshore dolphins by spatially with the northern Florida groups are typical of shallow, confined Garrison et al. (2003), but is far coastal and Jacksonville estuarine waters. In addition, such waters shallower than the depths reported by system stocks. In spring (April-June), typically support some degree of Torres et al. (2003). South of Cape the stock returns north to waters of regional site fidelity and limited Lookout, the zone of spatial overlap North Carolina, and is presumed to movement patterns (Shane et al., 1986; between offshore and coastal ecotypes is remain north of Cape Lookout during Wells et al., 1987). Observations made generally considered to occur in water the summer months. Therefore, the

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potential exists for harassment of potential seasonal movements, and their a study conducted near Jacksonville southern migratory dolphins, most relationships with estuarine stocks are demonstrated significant genetic likely during the winter only. poorly understood. During summer differences between coastal and Bottlenose dolphins are ubiquitous in months, when the migratory stocks are estuarine dolphins (Caldwell 2001; coastal waters from the mid-Atlantic known to be in North Carolina waters Rosel et al., 2009). Despite evidence for through the Gulf of Mexico, and and further north, bottlenose dolphins genetic differentiation between therefore interact with multiple coastal are still seen in coastal waters of South estuarine and nearshore populations, fisheries, including gillnet, trawl, and Carolina, Georgia and Florida, the degree of spatial overlap between trap/pot fisheries. Stock-specific total indicating the presence of additional these populations remains unclear. fishery-related mortality and serious stocks of coastal animals. Speakman et Photo-identification studies within injury cannot be directly estimated al. (2006) documented dolphins in estuaries demonstrate seasonal because of the spatial overlap among coastal waters off Charleston, South immigration and emigration and the stocks of bottlenose dolphins, and Carolina, that are not known resident presence of transient animals (e.g., because of unobserved fisheries. The members of the estuarine stock, and Speakman et al., 2006). In addition, the primary known source of fishery genetic analyses indicate significant degree of movement of resident mortality for the southern migratory differences between coastal dolphins estuarine animals into coastal waters on stock is the mid-Atlantic gillnet fishery from northern Florida, Georgia and seasonal or shorter time scales is poorly (Waring et al., 2014). Between 2004 and central South Carolina (NMFS 2001; understood (Waring et al., 2014). 2008, 588 bottlenose dolphins stranded Rosel et al., 2009). The northern Florida The Jacksonville estuarine system along the Atlantic coast between Florida stock is thought to be present from (JES) stock has been defined as separate and Maryland that could potentially be approximately the Georgia-Florida primarily by the results of photo- assigned to the southern migratory border south to 29.4° N. (Waring et al., identification and genetic studies. The stock, although the assignment of 2014). stock range is considered to be bounded animals to a particular stock is The northern Florida coastal stock in the north by the Georgia-Florida impossible in some seasons and regions ventures into the St. Johns River in large border at Cumberland Sound, extending due to spatial overlap amongst stocks numbers, but rarely moves past NSM. south to approximately Jacksonville (Waring et al., 2014). Many of these The mouth of the St. Johns River may Beach, Florida. This encompasses an animals exhibited some evidence of serve as a foraging area for this stock area defined during a photo- human interaction, such as line/net and the Jacksonville estuarine stock (Q. identification study of bottlenose marks, gunshot wounds, or vessel strike. Gibson, pers. comm. with L. McCue, dolphin residency patterns in the area In addition, nearshore and estuarine NMFS Office of Protected Resources, (Caldwell 2001), and the borders are habitats occupied by the coastal 2015). subject to change upon further study of morphotype are adjacent to areas of high The northern Florida coastal stock is dolphin residency patterns in estuarine human population and some are highly susceptible to interactions with similar waters of southern Georgia and industrialized. It should also be noted fisheries as those described above for northern/central Florida. The habitat is that stranding data underestimate the the southern migratory stock, including comprised of several large brackish extent of fishery-related mortality and gillnet, trawl, and trap/pot fisheries. rivers, including the St. Johns River, as serious injury because not all of the From 2004–08, 78 stranded dolphins well as tidal marshes and shallow marine mammals that die or are were recovered in northern Florida riverine systems. Three behaviorally seriously injured in fishery interactions waters, although it was not possible to different communities were identified are discovered, reported or investigated, determine whether there was evidence during Caldwell’s (2001) study: The nor will all of those that are found of human interaction for the majority of estuarine waters north (Northern) and necessarily show signs of entanglement these (Waring et al., 2014). The same south (Southern) of the St. Johns River or other fishery interaction. The level of concerns discussed above regarding and the coastal area, all of which technical expertise among stranding underestimation of mortality hold for differed in density, habitat fidelity and network personnel varies widely as does this stock and, as for southern migratory social affiliation patterns. The coastal the ability to recognize signs of fishery dolphins, pollutant loading is a concern. dolphins are believed to be members of interactions. Finally, multiple resident Western North Atlantic, Jacksonville a coastal stock, however (Waring et al., populations of bottlenose dolphins have Estuarine System—Please see above for 2014). Although Northern and Southern been shown to have high concentrations description of the differences between members of the JES stock show strong of organic pollutants (e.g., Kuehl et al., coastal and offshore ecotypes and the site fidelity, members of both groups 1991) and, despite little study of delineation of coastal dolphins into have been observed outside their contaminant loads in migrating coastal management stocks primarily inhabiting preferred areas. Dolphins residing dolphins, exposure to environmental nearshore waters. The coastal within estuaries south of Jacksonville pollutants and subsequent effects on morphotype of bottlenose dolphin is Beach down to the northern boundary of population health is an area of concern also resident to certain inshore estuarine the Indian River Lagoon Estuarine and active research. waters (Caldwell 2001; Gubbins 2002; System (IRLES) stock are currently not Western North Atlantic, Northern Zolman 2002; Gubbins et al., 2003). included in any stock, as there are Florida Coastal—Please see above for Multiple lines of evidence support insufficient data to determine whether description of the differences between demographic separation between coastal animals in this area exhibit affiliation to coastal and offshore ecotypes and the dolphins found in nearshore waters and the JES stock, the IRLES stock, or are delineation of coastal dolphins into those in estuarine waters, as well as simply transient animals associated management stocks. The northern between dolphins residing within with coastal stocks. Further research is Florida coastal stock is one of five estuaries along the Atlantic and Gulf needed to establish affinities of stocks of coastal dolphins and one of coasts (e.g., Wells et al., 1987; Scott et dolphins in the area between the ranges, three known resident stocks (other al., 1990; Wells et al., 1996; Cortese as currently understood, of the JES and resident stocks include South Carolina/ 2000; Zolman 2002; Speakman et al. IRLES stocks. Georgia and central Florida dolphins). 2006; Stolen et al., 2007; Balmer et al., The JES stock is susceptible to similar The spatial extent of these stocks, their 2008; Mazzoil et al., 2008). In particular, fisheries interactions as those described

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above for coastal stocks, although only considered vulnerable to impacts from estimated to occur between trap/pot fisheries are likely to occur in future activities due to this recent event. approximately 275 Hz and 160 kHz. estuarine waters frequented by the For more detail concerning these Marine Mammal Hearing stock. Only one dolphin carcass bearing groups and associated frequency ranges, evidence of fisheries interaction was Hearing is the most important sensory please see NMFS (2016) for a review of recovered during 2003–07 in the JES modality for marine mammals available information. Bottlenose area, and an additional 16 stranded underwater, and exposure to dolphins, the species that could co- dolphins were recovered during this anthropogenic sound can have occur with proposed survey activities time, but no determinations regarding deleterious effects. To appropriately and for which take is estimated, are are human interactions could be made for assess the potential effects of exposure classified as mid-frequency cetaceans. the majority (Waring et al., 2014). to sound, it is necessary to understand Potential Effects of Specified Activities Nineteen bottlenose dolphins died in the frequency ranges marine mammals on Marine Mammals and Their Habitat the St. Johns River (SJR), Florida are able to hear. Current data indicate between May 24 and November 7, 2010, that not all marine mammal species This section includes a summary and all of which came from the JES stock. have equal hearing capabilities (e.g., discussion of the ways that components The cause of these deaths was Richardson et al., 1995; Wartzok and of the specified activity may impact undetermined. The same concerns Ketten 1999; Au and Hastings 2008). To marine mammals and their habitat. The discussed above regarding reflect this, Southall et al. (2007) Estimated Take section later in this underestimation of mortality hold for recommended that marine mammals be document includes a quantitative this stock and, as for stocks discussed divided into functional hearing groups analysis of the number of individuals above, pollutant loading is a concern. based on directly measured or estimated that are expected to be taken by this Although no contaminant analyses have hearing ranges on the basis of available activity. The Negligible Impact Analysis yet been conducted in this area, the JES behavioral response data, audiograms and Determination section considers the content of this section, the Estimated stock inhabits areas with significant derived using auditory evoked potential Take section, and the Proposed drainage from industrial and urban techniques, anatomical modeling, and Mitigation section, to draw conclusions sources, and as such is exposed to other data. Note that no direct regarding the likely impacts of these contaminants in runoff from these. In measurements of hearing ability have activities on the reproductive success or other estuarine areas where such been successfully completed for survivorship of individuals and how analyses have been conducted, exposure mysticetes (i.e., low-frequency those impacts on individuals are likely to anthropogenic contaminants has been cetaceans). Subsequently, NMFS (2016) to impact marine mammal species or found to likely have an effect (Hansen described generalized hearing ranges for et al. 2004; Schwacke et al., 2004; Reif stocks. these marine mammal hearing groups. We provided discussion of the et al., 2008). Generalized hearing ranges were chosen The original, single stock of coastal potential effects of the specified activity based on the approximately 65 decibels on marine mammals and their habitat in dolphins recognized from 1995–2001 (dB) threshold from the normalized was listed as depleted under the MMPA our Federal Register notice of proposed composite audiograms, with the authorization associated with the first as a result of a 1987–88 mortality event. exception for lower limits for low- That designation was retained when the IHA for recapitalization at Bravo Wharf frequency cetaceans where the lower (80 FR 75978; 7 December 2015). The single stock was split into multiple bound was deemed to be biologically coastal stocks. However, Scott et al. specified activity associated with this implausible and the lower bound from proposed IHA is substantially similar to (1988) suggested that dolphins residing Southall et al. (2007) retained. The in the bays, sounds and estuaries that considered for the first IHA, and the functional groups and the associated adjacent to these coastal waters were not potential effects of the specified activity frequencies are indicated below (note affected by the mortality event and these are nearly the same as those identified that these frequency ranges correspond animals were explicitly excluded from in those documents. In the to the range for the composite group, the depleted listing (Waring et al., aforementioned Federal Register notice, with the entire range not necessarily 2014). Gubbins et al. (2003), using data we also provided general background reflecting the capabilities of every from Caldwell (2001), estimated the information on sound and a description species within that group): of sound sources and ambient sound stock size to be 412 (CV = 0.06). • However, NMFS considers abundance Low-frequency cetaceans and refer the reader to those documents. unknown because this estimate likely (mysticetes): Generalized hearing is Therefore, we briefly summarize includes an unknown number of non- estimated to occur between potential effects here, but refer the resident and seasonally-resident approximately 7 hertz (Hz) and 35 reader to that document (80 FR 75978; dolphins. It nevertheless represents the kilohertz (kHz), with best hearing 7 December 2015). best available information regarding estimated to be from 100 Hz to 8 kHz; An increase in noise levels from pile • stock size. Because the stock size is Mid-frequency cetaceans (larger driving in waters surrounding NSM is likely small, and relatively few toothed whales, beaked whales, and the primary means by which marine mortalities and serious injuries would most delphinids): Generalized hearing is mammals and their habitat could be exceed PBR, the stock is considered to estimated to occur between impacted. Marine mammals exposed to be a strategic stock (Waring et al., 2014). approximately 150 Hz and 160 kHz, elevated sound levels could experience A UME occurred between 2013 and with best hearing from 10 to less than physical and behavioral effects, though 2015 spanning the Atlantic coast, which 100 kHz; the magnitude of potential impact impacted all stocks of bottlenose • High-frequency cetaceans depends on a range of factors on the dolphins in the area. Over 1,800 (porpoises, river dolphins, and members physical environment and biological dolphins stranded in this time period. of the genera Kogia and state of marine mammals, such as sound The preliminary conclusion of the cause Cephalorhynchus; including two type (e.g. impulsive sounds of impact of this UME was morbillivirus. The members of the genus Lagenorhynchus, driving or non-impulsive sound of bottlenose dolphin stocks in this area on the basis of recent echolocation data vibratory pile driving), bottom profile (SJR and coastal areas) may be and genetic data): Generalized hearing is characteristics, species, age and sex

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class, duration of exposure, and many which will inform both NMFS’s degree (equated to Level A harassment) other factors (Wartzok et al., 2003; consideration of whether the number of (Table 2). Southall et al., 2007; Hildebrand 2009). takes is ‘‘small’’ and the negligible Level B Harassment for non-explosive Potential effects include potential impact determination. sources—Though significantly driven by behavioral harassment (e.g. avoidance Harassment is the only type of take received level, the onset of behavioral behavior or temporary displacement), expected to result from these activities. disturbance from anthropogenic noise masking—or interference, with marine Except with respect to certain activities exposure is also informed to varying mammals’ ability to receive other not pertinent here, section 3(18) of the degrees by other factors related to the sounds vital for biological functioning, MMPA defines ‘‘harassment’’ as: Any source (e.g., frequency, predictability, and increased stress. act of pursuit, torment, or annoyance duty cycle), the environment (e.g., which (i) has the potential to injure a Marine Mammal Habitat Effects bathymetry), and the receiving animals marine mammal or marine mammal (hearing, motivation, experience, There are no known foraging hotspots stock in the wild (Level A harassment); demography, behavioral context) and or other ocean bottom structure of or (ii) has the potential to disturb a can be difficult to predict (Southall et significant biological importance to marine mammal or marine mammal al., 2007, Ellison et al., 2011). NMFS marine mammals present in the marine stock in the wild by causing disruption uses a generalized acoustic threshold waters of the project area, though the of behavioral patterns, including, but based on received level to estimate the surrounding areas may be foraging not limited to, migration, breathing, onset of behavioral harassment. NMFS habitat for the dolphins. The most likely nursing, breeding, feeding, or sheltering predicts that marine mammals are likely impact to marine mammal habitat (Level B harassment). to be behaviorally harassed in a manner occurs from pile driving effects on likely Authorized takes would be by Level B we consider Level B harassment when marine mammal prey (i.e., fish) within harassment only, in the form of exposed to underwater anthropogenic NSM. Hastings and Popper (2005) disruption of behavioral patterns for noise above received levels of 120 dB re identified several studies that suggest individual marine mammals resulting 1 micro Pascal (mPa) root mean square fish may relocate to avoid certain areas from exposure to vibratory and impact (rms) for continuous (e.g. vibratory pile- of sound energy. Furthermore, sound pile driving. Based on the nature of the driving, drilling) and above 160 dB re 1 pulses at received levels of 160 dB re 1 activity, Level A harassment is neither mPa (rms) for non-explosive impulsive mPa (all dB values in this document are anticipated nor proposed to be (e.g., seismic airguns) or intermittent referenced to a pressure of 1 mPa) may authorized. (e.g., scientific sonar) sources. In order to estimate the potential cause subtle changes in fish behavior, Recapitalization of Bravo Wharf incidents of take that may occur while SPLs of 180 dB may cause includes the use of continuous incidental to the specified activity, we noticeable changes in behavior (Pearson (vibratory pile driving) and impulsive must first estimate the extent of the et al., 1992; Skalski et al., 1992). SPLs (impact pile driving) sources, and sound field that may be produced by the of sufficient strength have been known therefore the 120 and 160 dB re 1 mPa activity and then consider in to cause injury to fish and fish (rms) thresholds are applicable. mortality, though the most likely impact combination with information about to fish from pile driving activities at the marine mammal density or abundance Level A harassment for non-explosive project area would be temporary in the project area. Below we describe sources—NMFS’ Technical Guidance behavioral avoidance of the area. The how the take is estimated. for Assessing the Effects of duration of fish avoidance of this area Described in the most basic way, we Anthropogenic Sound on Marine after pile driving stops is unknown, but estimate take by considering: (1) Mammal Hearing (Technical Guidance, a rapid return to normal recruitment, Acoustic thresholds above which NMFS 2016) identifies dual criteria to assess distribution and behavior is anticipated. believes the best available science auditory injury (Level A harassment) to The Mayport turning basin itself is a indicates marine mammals will be five different marine mammal groups man-made basin with significant levels behaviorally harassed or incur some (based on hearing sensitivity) as a result of industrial activity and regular degree of permanent hearing of exposure to noise from two different dredging, and is unlikely to harbor impairment; (2) the area or volume of types of sources (impulsive or non- significant amounts of forage fish. Thus, water that will be ensonified above impulsive) (Table 2). The Navy’s any impacts to marine mammal habitat these levels in a day; (3) the density or proposed recapitalization of Bravo are not expected to cause significant or occurrence of marine mammals within Wharf includes the use of impulsive long-term consequences for individual these ensonified areas; and, (4) and the (impact pile driving) and non-impulsive marine mammals or their populations. number of days of activities. Below, we (vibratory pile driving) sources. In summary, given the short daily describe these components in more These thresholds were developed by duration of sound associated with detail and present the proposed take compiling and synthesizing the best individual pile driving events and the estimate. available science and soliciting input relatively small areas being affected, multiple times from both the public and Acoustic Thresholds pile driving activities associated with peer reviewers to inform the final the proposed action are not likely to Using the best available science, product, and are provided in the table have a permanent, adverse effect on NMFS has developed acoustic below. The references, analysis, and marine mammal prey or their habitat. thresholds that identify the received methodology used in the development level of underwater sound above which of the thresholds are described in NMFS Estimated Take exposed marine mammals would be 2016 Technical Guidance, which may This section provides an estimate of reasonably expected to be behaviorally be accessed at http:// the number of incidental takes proposed harassed (equated to Level B www.nmfs.noaa.gov/pr/acoustics/ for authorization through this IHA, harassment) or to incur PTS of some guidelines.htm.

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TABLE 2—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

PTS Onset thresholds Hearing group Impulsive Non-impulsive

Low-Frequency (LF) Cetaceans ...... Lpk,flat: 219 dB; LE,LF,24h: 183 dB ...... LE,LF,24h: 199 dB. Mid-Frequency (MF) Cetaceans ...... Lpk,flat: 230 dB; LE,MF,24h: 185 dB ...... LE,MF,24h: 198 dB. High-Frequency (HF) Cetaceans ...... Lpk,flat: 202 dB; LE,HF,24h: 155 dB ...... LE,HF,24h: 173 dB. * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impul- sive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered. Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa2s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.

Ensonified Area conditions including in-water structures Vibratory driving of steel sheet piles Here, we describe operational and and sediments. Spherical spreading was monitored during the first year of environmental parameters of the activity occurs in a perfectly unobstructed (free- construction at the nearby Wharf C–2 at that will feed into identifying the area field) environment not limited by depth Naval Station Mayport during 2015. ensonified above the acoustic or water surface, resulting in a 6 dB Measurements were conducted from a thresholds. reduction in sound level for each small boat in the turning basin and from doubling of distance from the source the construction barge itself. Average Distance to Sound Thresholds (20*log[range]). Cylindrical spreading SPLs for steel sheet piles ranged from Underwater Sound Propagation occurs in an environment in which 135 to 158 dB (DoN 2015) and SPLs for Formula—Pile driving generates sound propagation is bounded by the a 10-second period of driving averaged underwater noise that can potentially water surface and sea bottom, resulting 156 dB re 1mPa rms (DoN, 2017a). No result in disturbance to marine in a reduction of 3 dB in sound level for impact driving was measured at this mammals in the project area. each doubling of distance from the location; therefore, proxy levels for Transmission loss (TL) is the decrease source (10*log[range]). A practical impact driving have been calculated in acoustic intensity as an acoustic spreading value of fifteen is often used from other available source levels. pressure wave propagates out from a under conditions, such as at the NSM In order to determine reasonable SPLs source. TL parameters vary with turning basin, where water increases and their associated effects on marine frequency, temperature, sea conditions, with depth as the receiver moves away mammals that are likely to result from current, source and receiver depth, from the shoreline, resulting in an impact pile driving at NSM, we water depth, water chemistry, and expected propagation environment that considered existing measurements from bottom composition and topography. would lie between spherical and similar physical environments (sandy The general formula for underwater TL cylindrical spreading loss conditions. sediments and water depths greater than is: Practical spreading loss (4.5 dB 15 ft) for driving of steel sheet piles (all TL = B * log10 (R1/R2), reduction in sound level for each measured at 10 m; e.g., Laughlin, 2005a, Where: doubling of distance) is assumed here. 2005b; Illingworth and Rodkin, 2010, R1 = the distance of the modeled SPL from Underwater Sound—The intensity of 2012, 2013; CalTrans 2012; CalTrans the driven pile, and pile driving sounds is greatly influenced 2015). Proxy source values based on R2 = the distance from the driven pile of the by factors such as the type of piles, similarity to the physical environment initial measurement. hammers, and the physical environment at NSM and measurement location in This formula neglects loss due to in which the activity takes place. A the mid-water column were selected for scattering and absorption, which is number of studies, primarily on the acoustic modeling: 156 dB for vibratory assumed to be zero here. The degree to west coast, have measured sound driving (DoN 2017a) and 190 dB for which underwater sound propagates produced during underwater pile impact driving (CalTrans 2015). All away from a sound source is dependent driving projects. However, these data calculated distances to and the total area on a variety of factors, most notably the are largely for impact driving of steel encompassed by the marine mammal water bathymetry and presence or pipe piles and concrete piles as well as sound thresholds are provided in absence of reflective or absorptive vibratory driving of steel pipe piles. Table 3.

TABLE 3—DISTANCE TO RELEVANT UNDERWATER SOUND TRESHOLDS AND AREAS OF ENSONIFICATION

Pile type Method Threshold Distance Area (m) (km2)

Steel sheet piles ...... Vibratory ...... MF Level A (injury): 198 dB SELcum ...... 0.1 0 Level B (behavior): 120 dB re 1μPa rms ...... 2,512 1.3550776 Impact (contingency only) MF Level A (injury): 185 dB SELcum ...... 7.7 0.004 Level B (behavior): 160 dB re 1μPa rms ...... 1,000 0.5313217 1 Sound pressure levels used for calculations are 156 dB rms and 190 dB rms for vibratory and impact driving, respectively.

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The Mayport turning basin does not mammal movements and behavior Where: represent open water, or free field, within the observation area, with n = density estimate used for each species/ conditions. Therefore, sounds would observations recorded for five-minute season attenuate as per the confines of the intervals every half-hour. Morning ZOI = sound threshold ZOI area; the area basin, and may only reach the full sessions typically ran from 7:00–11:30 encompassed by all locations where the estimated distances to the harassment and afternoon sessions from 1:00 to SPLs equal or exceed the threshold being thresholds via the narrow, east-facing 5:30. evaluated entrance channel. Distances shown in Most observations of bottlenose dolphins were of individuals or pairs, The ZOI impact area is estimated Table 3 are estimated for free-field using the relevant distances in Table 3, conditions, but areas are calculated per although larger groups were occasionally observed (median number taking into consideration the possible the actual conditions of the action area. affected area with attenuation due to the See Figures 6–1 and 6–2 of the Navy’s of dolphins observed ranged from 1–3.5 across seasons). Densities were constraints of the basin. Because the application for a depiction of areas in basin restricts sound from propagating which each underwater sound threshold calculated using observational data from the primary observer supplemented outward, with the exception of the east- is predicted to occur at the project area facing entrance channel, the radial due to pile driving. with data from the secondary observer for grids not visible by the primary distances to thresholds are not generally Marine Mammal Occurrence observer. Season-specific density was reached. In this section we provide the then adjusted by applying a correction There are a number of reasons why information about the presence, density, factor for observer error (i.e., perception estimates of potential incidents of take or group dynamics of marine mammals bias). The seasonal densities range from may be conservative, assuming that that will inform the take calculations. 1.98603 (winter) to 4.15366 (summer) available density or abundance dolphins/km2. We conservatively use estimates and estimated ZOI areas are Marine Mammal Densities the largest density value to assess take, accurate. We assume, in the absence of For all species, the best scientific as the Navy does not have specific information supporting a more refined information available was considered information about when in-water work conclusion, that the output of the for use in the marine mammal take may occur during the proposed period calculation represents the number of assessment calculations. All densities of validity. individuals that may be taken by the for marine mammals with the Take Calculation and Estimation specified activity. In fact, in the context of stationary activities such as pile possibility of occurring in the project Here we describe how the information area were calculated from the Navy’s driving and in areas where resident provided above is brought together to animals may be present, this number Marine Species Density Database and produce a quantitative take estimate. Technical Report (DoN 2017b). Density more realistically represents the number The following assumptions are made of incidents of take that may accrue to for bottlenose dolphins is derived from when estimating potential incidents of site-specific surveys conducted by the a smaller number of individuals. While take: pile driving can occur any day Navy (see Appendix C of the Navy’s • All marine mammal individuals throughout the in-water work window, application for more information); it is potentially available are assumed to be and the analysis is conducted on a per not currently possible to identify present within the relevant area, and day basis, only a fraction of that time observed individuals to stock. This thus incidentally taken; survey effort consists of 24 half-day • An individual can only be taken (typically a matter of hours on any given observation periods covering mornings once during a 24-h period; day) is actually spent pile driving. The and afternoons during four seasons • There will be 30 total days of potential effectiveness of mitigation (December 10–13, 2012, March 4–7, vibratory driving and 10 days of measures in reducing the number of 2013, June 3–6, 2013, and September 9– contingency of impact pile driving; takes is typically not quantified in the 12, 2013). During each observation • Exposures to sound levels at or take estimation process. For these period, two observers (a primary above the relevant thresholds equate to reasons, these take estimates may be observer at an elevated observation take, as defined by the MMPA. conservative. point and a secondary observer at The estimation of marine mammal The quantitative exercise described ground level) monitored for the takes typically uses the following above indicates that no incidents of presence of marine mammals in the calculation: Level A harassment would be expected, turning basin (0.712 km2) and an Exposure estimate (rounded to the independent of the implementation of additional grid east of the basin nearest whole number) = n * ZOI * required mitigation measures. See Table entrance. Observers tracked marine total activity days 4 for total estimated incidents of take.

TABLE 4—CALCULATIONS FOR INCIDENTAL TAKE ESTIMATION

n Proposed Species Activity n * ZOI 1 authorized (animals/km2) takes 2

Phase II (40 days)

Bottlenose dolphin 1 ...... 4.15366 Vibratory driving (30 days) ...... 6 169 Bottlenose dolphin 3 ...... 4.15366 Contingency impact driving (10 days) ...... 2 22

Total exposures ...... 191 1 See Table 3 for relevant ZOIs. The product of this calculation is rounded to the nearest whole number. 2 The product of n * ZOI * total activity days (rounded to the nearest whole number) is used to estimate the number of takes. 3 It is impossible to estimate from available information which stock these takes may accrue to.

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Proposed Mitigation addition to the specific measures monitoring is discussed in greater detail In order to issue an IHA under described later in this section, the Navy later (see Proposed Monitoring and Section 101(a)(5)(D) of the MMPA, would conduct briefings between Reporting). Nominal radial distances for NMFS must set forth the permissible construction supervisors and crews, disturbance zones are shown in Table 3. methods of taking pursuant to such marine mammal monitoring team, and Given the size of the disturbance zone activity, and other means of effecting Navy staff prior to the start of all pile for vibratory pile driving, it is the least practicable impact on such driving activity, and when new impossible to guarantee that all animals species or stock and its habitat, paying personnel join the work, in order to would be observed or to make particular attention to rookeries, mating explain responsibilities, communication comprehensive observations of fine- procedures, marine mammal monitoring grounds, and areas of similar scale behavioral reactions to sound, and protocol, and operational procedures. significance, and on the availability of only a portion of the zone (e.g., what such species or stock for taking for Monitoring and Shutdown for Pile may be reasonably observed by visual certain subsistence uses (latter not Driving observers stationed within the turning applicable for this action). NMFS basin) would be observed. Shutdown Zone—For all pile driving In order to document observed regulations require applicants for activities, the Navy will establish a incidental take authorizations to include incidents of harassment, monitors shutdown zone intended to contain the record all marine mammal observations, information about the availability and area in which SPLs equal or exceed the feasibility (economic and technological) regardless of location. The observer’s acoustic injury criteria for mid- location, as well as the location of the of equipment, methods, and manner of frequency hearing specialists (e.g. conducting such activity or other means pile being driven, is known from a GPS. bottlenose dolphins) at 198 dB SELcum The location of the animal is estimated of effecting the least practicable adverse for vibratory driving and 185 dB SELcum as a distance from the observer, which impact upon the affected species or for impact driving. The purpose of a stocks and their habitat (50 CFR is then compared to the location from shutdown zone is to define an area the pile. It may then be estimated 216.104(a)(11)). within which shutdown of activity whether the animal was exposed to In evaluating how mitigation may or would occur upon sighting of a marine sound levels constituting incidental may not be appropriate to ensure the mammal (or in anticipation of an animal harassment on the basis of predicted least practicable adverse impact on entering the defined area), thus distances to relevant thresholds in post- species or stocks and their habitat, as preventing injury of marine mammals processing of observational and acoustic well as subsistence uses where (as described previously under Potential data, and a precise accounting of applicable, we carefully consider two Effects of the Specified Activity on observed incidences of harassment primary factors: Marine Mammals, serious injury or created. This information may then be (1) The manner in which, and the death are unlikely outcomes even in the used to extrapolate observed takes to degree to which, the successful absence of mitigation measures). implementation of the measure(s) is Modeled radial distances for shutdown reach an approximate understanding of expected to reduce impacts to marine zones are shown in Table 3. However, actual total takes. mammals, marine mammal species or a minimum shutdown zone of 15 m Monitoring Protocols—Monitoring stocks, and their habitat. This considers (which is larger than the maximum would be conducted before, during, and the nature of the potential adverse predicted injury zone) will be after pile driving activities. In addition, impact being mitigated (likelihood, established during all pile driving observers shall record all incidents of scope, range). It further considers the activities, regardless of the estimated marine mammal occurrence within the likelihood that the measure will be zone. Vibratory pile driving activities ZOI and shall document any behavioral effective if implemented (probability of are not predicted to produce sound reactions in concert with distance from piles being driven. Observations made accomplishing the mitigating result if exceeding 198 dB SELcum threshold, but implemented as planned) the likelihood these precautionary measures are outside the shutdown zone will not of effective implementation (probability intended to prevent the already unlikely result in shutdown; that pile segment implemented as planned). and; possibility of physical interaction with would be completed without cessation, (2) The practicability of the measures construction equipment and to further unless the animal approaches or enters for applicant implementation, which reduce any possibility of acoustic the shutdown zone, at which point all may consider such things as cost, injury. pile driving activities would be halted. impact on operations, and, in the case Disturbance Zone—Disturbance zones Monitoring will take place from 15 of a military readiness activity, are the areas in which SPLs equal or minutes prior to initiation through 30 personnel safety, practicality of exceed 160 and 120 dB rms (for impulse minutes post-completion of pile driving implementation, and impact on the and continuous sound, respectively). activities. Pile driving activities include effectiveness of the military readiness Disturbance zones provide utility for the time to install or remove a single activity. monitoring conducted for mitigation pile or series of piles, as long as the time Measurements from similar pile purposes (i.e., shutdown zone elapsed between uses of the pile driving driving events were coupled with monitoring) by establishing monitoring equipment is no more than thirty practical spreading loss to estimate protocols for areas adjacent to the minutes. Please see the Monitoring Plan zones of influence (ZOI; see Estimated shutdown zones. Monitoring of (www.nmfs.noaa.gov/pr/permits/ Take); these values were used to disturbance zones enables observers to incidental/construction.htm), developed develop mitigation measures for pile be aware of and communicate the by the Navy in agreement with NMFS, driving activities at NSM. The ZOIs presence of marine mammals in the for full details of the monitoring effectively represent the mitigation zone project area but outside the shutdown protocols. that would be established around each zone and thus prepare for potential The following additional measures pile to prevent Level A harassment to shutdowns of activity. However, the apply to visual monitoring: marine mammals, while providing primary purpose of disturbance zone (1) Marine mammal observer (MMO) estimates of the areas within which monitoring is for documenting incidents requirements for this construction Level B harassment might occur. In of Level B harassment; disturbance zone action are as follows:

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(a) At least one observer must have that is already underway, the activity monitoring and reporting of such taking. prior experience working as an observer. would be halted. The MMPA implementing regulations at (b) Other observers may substitute (3) If a marine mammal approaches or 50 CFR 216.104(a)(13) indicate that education (undergraduate degree in enters the shutdown zone during the requests for authorizations must include biological science or related field) or course of pile driving operations, the suggested means of accomplishing training for experience. activity will be halted and delayed until the necessary monitoring and reporting (c) Where a team of three or more either the animal has voluntarily left that will result in increased knowledge observers are required, one observer and been visually confirmed beyond the of the species and of the level of taking should be designated as lead observer or shutdown zone or 15 minutes (30 or impacts on populations of marine monitoring coordinator. The lead minutes in the case of a large whale) mammals that are expected to be observer must have prior experience have passed without re-detection of the present in the proposed action area. working as an observer. animal. Should any marine mammal not Effective reporting is critical both to (2) Qualified MMOs are trained authorized for Level B harassment in compliance as well as ensuring that the biologists, and need the following this IHA enter the ensonified area, pile most value is obtained from the required additional minimum qualifications: driving will cease until the animal(s) monitoring. (a) Visual acuity in both eyes leaves the area and will resume after the Monitoring and reporting (correction is permissible) sufficient for observer has determined through re- requirements prescribed by NMFS discernment of moving targets at the sighting or by waiting 15 minutes that should contribute to improved water’s surface with ability to estimate the animal moved outside the understanding of one or more of the target size and distance; use of ensonified area. Monitoring will be following: • binoculars may be necessary to correctly conducted throughout the time required Occurrence of marine mammal identify the target; to drive a pile. species or stocks in the area in which (4) Monitoring of the shutdown zone (b) Ability to conduct field take is anticipated (e.g., presence, will continue for 30 minutes following observations and collect data according abundance, distribution, density); completion of construction activity. • to assigned protocols Nature, scope, or context of likely Soft-Start—The use of a soft start marine mammal exposure to potential (c) Experience or training in the field procedure is believed to provide identification of marine mammals, stressors/impacts (individual or additional protection to marine cumulative, acute or chronic), through including the identification of mammals by warning or providing a behaviors; better understanding of: (1) Action or chance to leave the area prior to the environment (e.g., source (d) Sufficient training, orientation, or hammer operating at full capacity, and experience with the construction characterization, propagation, ambient typically involves a requirement to noise); (2) affected species (e.g., life operation to provide for personal safety initiate sound from the hammer at during observations; history, dive patterns); (3) co-occurrence reduced energy followed by a waiting of marine mammal species with the (e) Writing skills sufficient to prepare period. This procedure is repeated two a report of observations including but action; or (4) biological or behavioral additional times. It is difficult to specify context of exposure (e.g., age, calving or not limited to the number and species the reduction in energy for any given of marine mammals observed; dates and feeding areas); hammer because of variation across • Individual marine mammal times when in-water construction drivers and, for impact hammers, the responses (behavioral or physiological) activities were conducted; dates and actual number of strikes at reduced to acoustic stressors (acute, chronic, or times when in-water construction energy will vary because operating the cumulative), other stressors, or activities were suspended to avoid hammer at less than full power results cumulative impacts from multiple potential incidental injury from in ‘‘bouncing’’ of the hammer as it stressors; construction sound of marine mammals strikes the pile, resulting in multiple • How anticipated responses to observed within a defined shutdown ‘‘strikes.’’ For impact driving, we stressors impact either: (1) Long-term zone; and marine mammal behavior; require an initial set of three strikes fitness and survival of individual and from the impact hammer at reduced marine mammals; or (2) populations, (f) Ability to communicate orally, by energy, followed by a 30-second waiting species, or stocks; radio or in person, with project period, then two subsequent three strike • Effects on marine mammal habitat personnel to provide real-time sets. Soft start will be required at the (e.g., marine mammal prey species, information on marine mammals beginning of each day’s impact pile acoustic habitat, or other important observed in the area as necessary. driving work and at any time following physical components of marine (2) Prior to the start of pile driving a cessation of impact pile driving of mammal habitat); activity, the shutdown zone will be thirty minutes or longer. • Mitigation and monitoring monitored for fifteen minutes to ensure Based on our evaluation of the effectiveness. that it is clear of marine mammals. Pile applicant’s proposed measures, NMFS The Navy’s proposed monitoring and driving will only commence once has preliminarily determined that the reporting is also described in their observers have declared the shutdown proposed mitigation measures provide Marine Mammal Monitoring Plan, on zone clear of marine mammals; animals the means effecting the least practicable the Internet at www.nmfs.noaa.gov/pr/ will be allowed to remain in the impact on the affected species or stocks permits/incidental/construction.htm. shutdown zone (i.e., must leave of their and their habitat, paying particular Visual Marine Mammal Observations own volition) and their behavior will be attention to rookeries, mating grounds, monitored and documented. The and areas of similar significance. The Navy will collect sighting data shutdown zone may only be declared and behavioral responses to clear, and pile driving started, when the Proposed Monitoring and Reporting construction for marine mammal entire shutdown zone is visible (i.e., In order to issue an IHA for an species observed in the region of when not obscured by dark, rain, fog, activity, Section 101(a)(5)(D) of the activity during the period of activity. All etc.). In addition, if such conditions MMPA states that NMFS must set forth, marine mammal observers (MMOs) will should arise during impact pile driving requirements pertaining to the be trained in marine mammal

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identification and behaviors and are • Description of any observable was not required under the respective required to have no other construction- marine mammal behavior patterns, IHA, and is thus not discussed below for related tasks while conducting including bearing and direction of the second IHA at Wharf C–2. monitoring. The Navy will monitor the travel, and if possible, the correlation to An IHA for the second year of shutdown zone and disturbance zone SPLs; construction (covering a period from before, during, and after pile driving, • Duration of marine mammals September 8, 2015 to September 7, with observers located at the best within the shutdown area; 2016) authorized incidental take of 304 practicable vantage points. Based on our • Distance from pile driving activities total bottlenose dolphins. After applying requirements, the Navy would to marine mammals and distance from correction factors to derive a total implement the following procedures for the marine mammals to the observation number of estimated takes, estimated pile driving: point; Level B takes were calculated to be 128 • MMOs would be located at the best • Description of implementation of bottlenose dolphins (DoN 2016). mitigation measures (e.g., shutdown or vantage point(s) in order to properly see Negligible Impact Analysis and the entire shutdown zone and as much delay); • Determination of the disturbance zone as possible; Locations of all marine mammal • During all observation periods, observations; and NMFS has defined negligible impact • observers will use binoculars and the Other human activity in the area. as an impact resulting from the specified activity that cannot be naked eye to search continuously for Reporting marine mammals; reasonably expected to, and is not • If the shutdown zones are obscured A draft report would be submitted to reasonably likely to, adversely affect the by fog or poor lighting conditions, pile NMFS within 90 days of the completion species or stock through effects on driving at that location will not be of marine mammal monitoring, or sixty annual rates of recruitment or survival initiated until that zone is visible. days prior to the requested date of (50 CFR 216.103). A negligible impact Should such conditions arise while issuance of any future IHA for projects finding is based on the lack of likely impact driving is underway, the activity at the same location, whichever comes adverse effects on annual rates of would be halted; and first. The report will include marine recruitment or survival (i.e., population- • The shutdown and disturbance mammal observations pre-activity, level effects). An estimate of the number zones around the pile will be monitored during-activity, and post-activity during of takes alone is not enough information for the presence of marine mammals pile driving days, and will also provide on which to base an impact before, during, and after any pile driving descriptions of any behavioral responses determination. In addition to or removal activity. to construction activities by marine considering estimates of the number of Individuals implementing the mammals and a complete description of marine mammals that might be ‘‘taken’’ monitoring protocol will assess its all mitigation shutdowns and the results through harassment, NMFS considers effectiveness using an adaptive of those actions and an extrapolated other factors, such as the likely nature approach. The monitoring biologists total take estimate based on the number of any responses (e.g., intensity, will use their best professional of marine mammals observed during the duration), the context of any responses judgment throughout implementation course of construction. A final report (e.g., critical reproductive time or and seek improvements to these must be submitted within thirty days location, migration), as well as effects methods when deemed appropriate. following resolution of comments on the on habitat, and the likely effectiveness Any modifications to protocol will be draft report. of the mitigation. We also assess the number, intensity, and context of coordinated between NMFS and the Prior Monitoring Navy. estimated takes by evaluating this The Navy met all monitoring information relative to population Data Collection requirements for similar construction status. Consistent with the 1989 We require that observers use activity at nearby Wharf C–2 in NSM (80 preamble for NMFS’s implementing approved data forms. Among other FR 55598, 8 September 2015; 78 FR regulations (54 FR 40338; September 29, pieces of information, the Navy will 71566, 1 December 2013 and revised 1989), the impacts from other past and record detailed information about any IHA for this activity: 79 FR 27863, 1 ongoing anthropogenic activities are implementation of shutdowns, September 2014). During the course of incorporated into this analysis via their including the distance of animals to the both IHAs, the Navy did not exceed impacts on the environmental baseline pile and description of specific actions authorized take levels. The first IHA (e.g., as reflected in the regulatory status that ensued and resulting behavior of (covering the period of May 26 to of the species, population size and the animal, if any. In addition, the Navy August 17, 2015) authorized incidental growth rate where known, ongoing will attempt to distinguish between the take of 365 bottlenose dolphins and 95 sources of human-caused mortality, or number of individual animals taken and Atlantic spotted dolphins by Level B ambient noise levels). the number of incidences of take. We harassment. Observers documented 272 Pile driving activities associated with require that, at a minimum, the bottlenose dolphins based on derived the wharf construction project, as following information be collected on correction factors, and no Atlantic outlined previously, have the potential the sighting forms: spotted dolphins were observed (DoN to disturb or displace marine mammals. • Date and time that monitored 2015b). As mentioned in the Estimated Specifically, the specified activities may activity begins or ends; Take section, the Navy also monitored result in take, in the form of Level B • Construction activities occurring underwater acoustics during vibratory harassment (behavioral disturbance) during each observation period; installation of king piles and steel sheet only, from underwater sounds generated • Weather parameters (e.g., percent piles during the period of this IHA at from pile driving. Potential takes could cover, visibility); NSM; the sound pressure level average occur if individuals of these species are • Water conditions (e.g., sea state, ranged from 135 to 158 dB and averaged present in the ensonified zone when tide state); 21 seconds to install a sheet pile (DoN pile driving is happening. • Species, numbers, and, if possible, 2015b). Collection of underwater sound No injury, serious injury, or mortality sex and age class of marine mammals; and production of a subsequent report is anticipated given the nature of the

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activities and measures designed to to result in hearing impairment or to areas, the majority of which are within minimize the possibility of injury to significantly disrupt foraging behavior. the industrialized turning basin. marine mammals. The potential for Thus, even repeated Level B harassment Based on the analysis contained these outcomes is minimized through of some small subset of the overall stock herein of the likely effects of the the construction method and the is unlikely to result in any significant specified activity on marine mammals implementation of the planned realized decrease in viability for the and their habitat, and taking into mitigation measures. Specifically, affected individuals, and thus would consideration the implementation of the vibratory hammers will be the primary not result in any adverse impact to the proposed monitoring and mitigation method of installation (impact driving is stock as a whole. Level B harassment measures, NMFS preliminarily finds included only as a contingency). will be reduced to the level of least that the total marine mammal take from Vibratory pile driving does have the practicable impact through use of the proposed activity will have a potential to cause injury to marine mitigation measures described herein negligible impact on all affected marine mammals, but sound pressure levels in and, if sound produced by project mammal species or stocks. this activity (156 dB rms) do not exceed activities is sufficiently disturbing, Small Numbers the threshold for injury in mid- animals are likely to simply avoid the frequency cetaceans. Impact pile driving turning basin while the activity is As noted above, only small numbers produces short, sharp pulses with occurring. of incidental take may be authorized higher peak levels and much sharper The turning basin is not considered under Section 101(a)(5)(D) of the MMPA rise time to reach those peaks. If impact important habitat for marine mammals, for specified activities other than driving is necessary, implementation of as it is a man-made, semi-enclosed basin military readiness activities. The MMPA does not define small numbers and so, soft start and shutdown zones with frequent industrial activity and in practice, where estimated numbers significantly reduces any possibility of regular maintenance dredging. The are available, NMFS compares the injury. Given sufficient ‘‘notice’’ surrounding waters may be an number of individuals taken to the most through use of soft start (for impact important foraging habitat for the appropriate estimation of abundance of driving), marine mammals are expected dolphins, but the small area of the relevant species or stock in our to move away from a sound source that ensonification does not extend outside determination of whether an is annoying prior to it becoming of the turning basin and into this authorization is limited to small potentially injurious. Environmental foraging habitat (see Figure 6–1 in the numbers of marine mammals. conditions in the confined and Navy’s application). Therefore, Additionally, other qualitative factors protected Mayport turning basin mean behavioral disturbances that could result from anthropogenic sound may be considered in the analysis, such that marine mammal detection ability as the temporal or spatial scale of the by trained observers is high, enabling a associated with these activities are expected to affect only a relatively small activities. high rate of success in implementation Of the 191 incidents of behavioral of shutdowns to avoid injury. number of individual marine mammals that may venture near the turning basin, harassment proposed to be authorized Effects on individuals that are taken although those effects could be for bottlenose dolphins, we have no by Level B harassment, on the basis of recurring over the life of the project if information allowing us to parse the reports in the literature as well as the same individuals remain in the predicted incidents amongst the four monitoring from other similar activities, project vicinity. In summary and as stocks that may occur in the project will likely be limited to reactions such described above, the following factors area. Therefore, we assessed the total as increased swimming speeds, primarily support our preliminary number of predicted incidents of take increased surfacing time, or decreased determination that the impacts resulting against the best abundance estimate for foraging (if such activity were occurring) from this activity are not expected to each stock, as though the total would (e.g., Thorson and Reyff 2006; HDR Inc. adversely affect the species or stock occur for the stock in question. For two 2012). Most likely, individuals will through effects on annual rates of of the bottlenose dolphin stocks— simply move away from the sound recruitment or survival: Western North Atlantic Southern source and be temporarily displaced • No mortality or injury is anticipated Migratory Coastal and Western North from the areas of pile driving, although or authorized; Atlantic Northern Florida coastal even this reaction has been observed • Behavioral disturbance is possible, stock—the total predicted number of primarily only in association with but the significance to the affected incidents of take authorized would be impact pile driving. The pile driving stocks is expected to be minimal due to: considered small at 2.82 percent and activities analyzed here are similar to, or Æ No more than 40 days of pile 15.67 percent, respectively. This less impactful than, numerous other driving during the proposed authorized estimate assumes that estimated take construction activities conducted in San year; occurs to a new individual, which is an Francisco Bay and in the Puget Sound Æ The time required to drive each pile extremely unlikely scenario and region, which have taken place with no is brief, with no more than 60 seconds therefore a conservative estimate, as reported injuries or mortality to marine per pile via vibratory driving and no there is likely to be some overlap in mammals, and no known long-term more than 10 minutes per pile via both bottlenose dolphin stocks and adverse consequences from behavioral impact driving; individuals from day to day. Likelihood harassment. These activities are also Æ Proposed mitigation (e.g. shut- of actual take to the latter Northern nearly identical to the pile driving downs and soft start) would reduce Florida coastal stock is relatively low, activities that took place at Wharf C–2 acoustic impacts to species in the area and this estimate assumes all takes at NSM, which also reported zero of activities; would occur to this one stock. In the injuries or mortality to marine mammals • The absence of any significant western North Atlantic, the Northern and no known long-term adverse habitat within the project area, Florida Coastal Stock is present in consequences from behavioral including known areas or features of coastal Atlantic waters from the harassment. Repeated exposures of special significance for foraging or Georgia/Florida border south to 29.4° N. individuals to levels of sound that may reproduction; Noise associated with pile (Waring et al., 2014), a span of more cause Level B harassment are unlikely driving will ensonify relatively small than 90 miles. There is no obvious

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boundary defining the offshore extent of of further context (e.g. quality of species implicated by this action. this stock. They occur in waters less surrounding habitat, site fidelity, etc.), Therefore, NMFS has determined that than 20 m deep; however, they may also has limitations. It is common practice to the total taking of affected species or occur in lower densities over the estimate how many animals are likely to stocks would not have an unmitigable continental shelf (waters between 20 m be present within a particular distance adverse impact on the availability of and 100 m depth) and overlap spatially of a given activity, or exposed to a such species or stocks for taking for with the offshore morphotype (Waring particular level of sound, given the subsistence purposes. et al., 2014). many uncertainties in predicting the Endangered Species Act (ESA) For the other stock, the Jacksonville quantity and types of impacts of sound Estuarine System stock, if all takes on marine mammals. In practice, Section 7(a)(2) of the Endangered occurred to this one stock, this could depending on the amount of Species Act of 1973 (ESA: 16 U.S.C. take 46.36 percent of the stock (n=412). information available to characterize 1531 et seq.) requires that each Federal It is, however, highly unlikely that all daily and seasonal movement and agency insure that any action it takes would occur to this one stock due distribution of affected marine authorizes, funds, or carries out is not to their distribution relative to Bravo mammals, it can be difficult to likely to jeopardize the continued Wharf and social patterns within stock distinguish between the number of existence of any endangered or range. JES bottlenose dolphins range individuals harassed and the instances threatened species or result in the from Cumberland Sound at the Georgia- of harassment and, when duration of the destruction or adverse modification of Florida border south to approximately activity is considered, it can result in a designated critical habitat. Jacksonville Beach, FL, an area take estimate that overestimates the No incidental take of ESA-listed consisting of coastline and complex number of individuals harassed. In species is proposed for authorization or estuarine habitat of riverines and tidal particular, for stationary activities, it is expected to result from this activity. marshes. Three behaviorally different more likely that some smaller number of Therefore, NMFS has determined that communities exist within the JES stock: individuals may accrue a number of consultation under Section 7 of the ESA In estuarine waters north of St. Johns incidences of harassment per individual is not required for this action. River (termed the Northern area), than for each incidence to accrue to a Proposed Authorization estuarine waters south of St. Johns River new individual, especially if those to Jacksonville Beach (the Southern individuals display some degree of As a result of these preliminary area), and the coastal area (Caldwell residency or site fidelity and the determinations, NMFS proposes to issue 2001). Caldwell (2001) found that impetus to use the site (e.g., because of an IHA to the U.S. Navy for conducting dolphins in the northern area exhibit foraging opportunities) is stronger than pile driving associated with year-round site fidelity and are the most the deterrence presented by the recapitalization of Bravo Wharf at NSM, isolated of the three communities. They harassing activity. Given stock Jacksonville, FL from March 13, 2018 to are also not known to socialize with distribution, site fidelity, social March 12, 2019, provided the dolphins in the Southern area, which patterns, the small likelihood that all previously mentioned mitigation, show summer site fidelity but traverse takes would occur to new individuals monitoring, and reporting requirements in and out of the Jacksonville area each within this stock, and that fact that NSM are incorporated. This section contains year (Caldwell 2001). Dolphins in the does not include any particularly a draft of the IHA itself. The wording coastal area are much more mobile, unique habitat to aggregate dolphins, contained in this section is proposed for exhibit fluid social patterns, and show the majority of JES dolphins are not inclusion in the IHA (if issued). no long-term site fidelity. Furthermore, expected to occur within ensonified 1. This Incidental Harassment genetic analysis also supports waters of project activities. Therefore, Authorization (IHA) is valid for one year differentiation from JES dolphins proposed takes are not expected to from March 13, 2018 to March 12, 2019. between the Northern and Southern exceed small numbers relative to stock 2. This IHA is valid only for pile areas (Caldwell 2011). Although abundance. driving activities associated with the members of both groups have been Based on the analysis contained Bravo Wharf Recapitalization Project at observed outside their preferred areas, it herein of the proposed activity Naval Station Mayport, Florida. is likely that the majority of JES (including the proposed mitigation and 3. General Conditions dolphins would not occur within waters monitoring measures) and the (a) A copy of this IHA must be in the ensonified by project activities. In anticipated take of marine mammals, possession of the Navy, its designees, summary, JES dolphins largely comprise NMFS preliminarily finds that small and work crew personnel operating two predominant groups and exhibit numbers of marine mammals will be under the authority of this IHA. strong site fidelity to those areas, which taken relative to the population size of (b) The species authorized for taking does not significantly overlap with the the affected species or stocks. is the bottlenose dolphin (Tursiops larger ZOI, which is almost entirely truncatus). Unmitigable Adverse Impact Analysis confined within NSM. (c) The taking, by Level B harassment Furthermore, assessing potential and Determination only, is limited to the species listed in impacts to individuals or stocks based There are no relevant subsistence uses condition 3(b). See Table 1 for numbers on take estimates alone, in the absence of the affected marine mammal stocks or of take authorized.

TABLE 1—AUTHORIZED TAKE NUMBERS

Proposed authorized take Species Level B Level A

Bottlenose dolphin ...... 191 0

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(d) The taking by injury (Level A in the shutdown zone, animals shall be monitoring during pile driving activity. harassment), serious injury, or death of allowed to remain in the shutdown zone Marine mammal monitoring and the species listed in condition 3(b) of (i.e., must leave of their own volition) reporting shall be conducted in the Authorization or any taking of any and their behavior shall be monitored accordance with the Monitoring Plan. other species of marine mammal is and documented. Monitoring shall (a) The Navy shall collect sighting prohibited and may result in the occur throughout the time required to data and behavioral responses to pile modification, suspension, or revocation drive a pile. The shutdown zone must driving for marine mammal species of this IHA. be determined to be clear during periods observed in the region of activity during (e) The Navy shall conduct briefings of good visibility (i.e., the entire the period of activity. All observers between construction supervisors and shutdown zone and surrounding waters shall be trained in marine mammal crews, marine mammal monitoring must be visible to the naked eye); identification and behaviors, and shall team, and Navy staff prior to the start of (d) If a marine mammal approaches or have no other construction-related tasks all pile driving activity, and when new enters the shutdown zone, all pile while conducting monitoring. personnel join the work, in order to driving activities at that location shall (b) For all marine mammal explain responsibilities, communication be halted. If pile driving is halted or monitoring, the information shall be procedures, marine mammal monitoring delayed due to the presence of a marine recorded as described in the Monitoring protocol, and operational procedures. mammal, the activity may not Plan. 4. Mitigation measures commence or resume until either the 6. Reporting The holder of this Authorization is animal has voluntarily left and been The holder of this Authorization is required to implement the following visually confirmed beyond the required to: mitigation measures: shutdown zone or fifteen minutes have (a) Submit a draft report on all (a) For all pile driving, the Navy shall passed without re-detection of the monitoring conducted under the IHA implement a minimum shutdown zone animal. No pile driving may occur if any within ninety days of the completion of of 15 m radius around the pile. If a whale is detected within the Level B marine mammal monitoring, or sixty marine mammal comes within or harassment zone (e.g. pile driving must days prior to the issuance of any approaches the shutdown zone, such be delayed or cease until the animal subsequent IHA for projects at NSM, operations shall cease; leaves the ZOI for at least 30 minutes). whichever comes first. A final report (b) The Navy shall establish (e) Monitoring shall be conducted by shall be prepared and submitted within monitoring locations as described qualified observers, as described in the thirty days following resolution of below. Please also refer to the Marine Monitoring Plan. Trained observers comments on the draft report from Mammal Monitoring Plan (see shall be placed from the best vantage NMFS. This report must contain the www.nmfs.noaa.gov/pr/permits/ point(s) practicable to monitor for informational elements described in the incidental/construction.htm); marine mammals and implement Monitoring Plan, at minimum, and shall i. For all pile driving activities, a shutdown or delay procedures when also include: minimum of two observers shall be applicable through communication with i. Detailed information about any deployed, with one positioned to the equipment operator. Observer implementation of shutdowns, achieve optimal monitoring of the training must be provided prior to including the distance of animals to the shutdown zone and the second project start and in accordance with the pile and description of specific actions positioned to achieve optimal monitoring plan, and shall include that ensued and resulting behavior of monitoring of surrounding waters of the instruction on species identification the animal, if any; turning basin, the entrance to that basin, (sufficient to distinguish the species ii. Description of attempts to and portions of the Atlantic Ocean. If listed in 3(b)), description and distinguish between the number of practicable, the second observer should categorization of observed behaviors individual animals taken and the be deployed to an elevated position, and interpretation of behaviors that may number of incidents of take, such as preferably opposite Bravo Wharf and be construed as being reactions to the ability to track groups or individuals; with clear sight lines to the wharf and specified activity, proper completion of and out the entrance channel; data forms, and other basic components iii. An estimated total take estimate ii. These observers shall record all of biological monitoring, including extrapolated from the number of marine observations of marine mammals, tracking of observed animals or groups mammals observed during the course of regardless of distance from the pile of animals such that repeat sound construction activities, if necessary; being driven, as well as behavior and exposures may be attributed to (b) Reporting injured or dead marine potential behavioral reactions of the individuals (to the extent possible); mammals: animals. Observations within the (f) The Navy shall use soft start i. In the unanticipated event that the turning basin shall be distinguished techniques recommended by NMFS for specified activity clearly causes the take from those in the entrance channel and impact pile driving. Soft start requires of a marine mammal in a manner nearshore waters of the Atlantic Ocean; contractors to provide an initial set of prohibited by this IHA, such as an and strikes at reduced energy, followed by a injury (Level A harassment), serious iii. All observers shall be equipped for thirty-second waiting period, then two injury, or mortality, Navy shall communication of marine mammal subsequent reduced energy strike sets. immediately cease the specified observations amongst themselves and to Soft start shall be implemented at the activities and report the incident to the other relevant personnel (e.g., those start of each day’s impact pile driving Office of Protected Resources, NMFS, necessary to effect activity delay or and at any time following cessation of and the Southeast Regional Stranding shutdown); impact pile driving for a period of thirty Coordinator, NMFS. The report must (c) Monitoring shall take place from minutes or longer; and include the following information: fifteen minutes prior to initiation of pile (g) Pile driving shall only be A. Time and date of the incident; driving activity through thirty minutes conducted during daylight hours. B. Description of the incident; post-completion of pile driving activity. 5. Monitoring C. Environmental conditions (e.g., In the event of a delay or shutdown of The holder of this Authorization is wind speed and direction, Beaufort sea activity resulting from marine mammals required to conduct marine mammal state, cloud cover, and visibility);

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D. Description of all marine mammal help inform our final decision on the Review proposed MSA observations in the 24 hours preceding request for MMPA authorization. reauthorization legislation and CCC the incident; Dated: November 20, 2017. Working Paper Tilefish Survey Project Report E. Species identification or Donna S. Wieting, description of the animal(s) involved; Update of the fisheries-independent Director, Office of Protected Resources, pilot survey for tilefish F. Fate of the animal(s); and National Marine Fisheries Service. G. Photographs or video footage of the [FR Doc. 2017–25482 Filed 11–24–17; 8:45 am] Tuesday, December 12, 2017 animal(s). BILLING CODE 3510–22–P Activities shall not resume until Executive Committee—CLOSED NMFS is able to review the SESSION Ricks E Savage Award circumstances of the prohibited take. DEPARTMENT OF COMMERCE NMFS will work with Navy to Squid Buffer Zone Framework—Meeting determine what measures are necessary National Oceanic and Atmospheric 1 Discuss framework goals and review to minimize the likelihood of further Administration prohibited take and ensure MMPA and approve preliminary compliance. Navy may not resume their RIN 0648–XF857 alternatives Chub Mackerel Amendment activities until notified by NMFS. Mid-Atlantic Fishery Management Review scoping comments and ii. In the event that Navy discovers an Council (MAFMC); Public Meetings discuss next steps injured or dead marine mammal, and Law Enforcement Reports AGENCY: National Marine Fisheries the lead observer determines that the Reports will be received from the Service (NMFS), National Oceanic and cause of the injury or death is unknown NOAA Office of Law Enforcement Atmospheric Administration (NOAA), and the death is relatively recent (e.g., and the U.S. Coast Guard in less than a moderate state of Commerce. Scup Recreational Specifications decomposition), Navy shall immediately ACTION: Notice of public meetings. Review Monitoring Committee and report the incident to the Office of Advisory Panel recommendations SUMMARY: The Mid-Atlantic Fishery Protected Resources, NMFS, and the and adopt recommendations for Management Council (Council) will Southeast Regional Stranding 2018 Federal waters management hold public meetings of the Council and Coordinator, NMFS. measures its Committees. The report must include the same Summer Flounder Recreational information identified in 6(b)(i) of this DATES: The meetings will be held Specifications IHA. Activities may continue while Monday, December 11, 2017 through Review Monitoring Committee and NMFS reviews the circumstances of the Thursday, December 14, 2017. For Advisory Panel recommendations incident. NMFS will work with Navy to agenda details, see SUPPLEMENTARY and recommend Conservation determine whether additional INFORMATION. Equivalency or coastwide mitigation measures or modifications to ADDRESSES: The meeting will be held at: management and associated the activities are appropriate; and The Westin Annapolis, 100 Westgate measures for 2018 iii. In the event that Navy discovers Circle, Annapolis, MD 21401, Summer Flounder Amendment an injured or dead marine mammal, and telephone: (410) 972–4300. Review and approve November 2017 the lead observer determines that the Council address: Mid-Atlantic Fishery Demersal Committee injury or death is not associated with or Management Council, 800 N. State St., recommendations for further staff related to the activities authorized in the Suite 201, Dover, DE 19901; telephone: analysis IHA (e.g., previously wounded animal, (302) 674–2331. carcass with moderate to advanced Wednesday, December 13, 2017 FOR FURTHER INFORMATION CONTACT: decomposition, scavenger damage), Black Sea Bass Recreational Christopher M. Moore, Ph.D., Executive Navy shall report the incident to the Specifications Director, Mid-Atlantic Fishery Office of Protected Resources, NMFS, Review Monitoring Committee and Management Council; telephone: (302) and the Southeast Regional Stranding Advisory Panel recommendations 526–5255. The Council’s Web site, Coordinator, NMFS, within 24 hours of and adopt recommendations for www.mafmc.org also has details on the the discovery. Navy shall provide 2018 Federal waters management meeting location, proposed agenda, photographs or video footage or other measures. Review Wave 1 fishery webinar listen-in access, and briefing documentation of the stranded animal implementation. Board Addendum materials. sighting to NMFS. XXX 7. This Authorization may be SUPPLEMENTARY INFORMATION: The Black Sea Bass Wave 1 Letter of modified, suspended or withdrawn if following items are on the agenda, Authorization Framework the holder fails to abide by the though agenda items may be addressed Review background and provide conditions prescribed herein, or if out of order (changes will be noted on guidance for development of draft NMFS determines the authorized taking the Council’s Web site when possible.) alternatives is having more than a negligible impact Black Sea Bass Amendment Monday, December 11, 2017 on the species or stock of affected Review initiation of black sea bass marine mammals. Ecosystem Approach to Fisheries amendment (December 2015 Management Risk Assessment motion) Request for Public Comments Review and approve EAFM based Bluefish Amendment We request comment on our analyses, assessment Initiate Bluefish Amendment and the draft authorization, and any other Risk Policy Framework—Meeting 2 discuss next steps aspect of this Notice of Proposed IHA Review and approve recommended Bureau of Ocean Energy Management for the proposed construction activities. modifications to Council’s Risk Presentation Please include with your comments any Policy Updates of Atlantic Offshore supporting data or literature citations to Magnuson-Stevens Act Reauthorization Renewable Projects and Atlantic

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Renewable Energy Studies DATES: Comments must be received on 7510–01–600–7622/Wall Calendar, Dated or before: December 27, 2017. 2017, Wire Bound w/Hanger, 12″ x 17″ Thursday, December 14, 2017 7530–01–600–7578/Daily Desk Planner, ADDRESSES: Committee for Purchase 2018 Implementation Plan Dated 2017, Wire bound, Non-refillable, From People Who Are Blind or Severely Black Cover Review and approve 2018 Disabled, 1401 S. Clark Street, Suite Implementation Plan 7530–01–600–7592/Weekly Desk Planner, 715, Arlington, Virginia 22202–4149. Dated 2017, Wire Bound, Non-refillable, Business Session FOR FURTHER INFORMATION CONTACT: For Black Cover Committee Reports; Executive further information or to submit 7530–01–600–7600/Weekly Planner Book, Director’s Report (Golden Tilefish ″ ″ comments contact: Amy B. Jensen, Dated 2017, 5 x 8 , Digital Camouflage IFQ review and NEFMC Framework Telephone: (703) 603–7740, Fax: (703) 7530–01–600–7611/Monthly Desk Planner, 57 update); Science Report; Dated 2017, Wire Bound, Non-refillable, 603–0655, or email CMTEFedReg@ Organization Reports; Liaison Black Cover AbilityOne.gov. Reports Mandatory Source of Supply: Chicago Continuing and New Business SUPPLEMENTARY INFORMATION: This Lighthouse Industries, Chicago, IL Contracting Activity: GSA/FSS OFC SUP Although non-emergency issues not notice is published pursuant to 41 U.S.C. 8503(a)(2) and 41 CFR 51–2.3. Its CTR—PAPER PRODUCTS, NEW YORK, contained in this agenda may come NY before this group for discussion, in purpose is to provide interested persons an opportunity to submit comments on NSN/Product Name: 7510–01–600–8034/ accordance with the Magnuson-Stevens Dated 2017 12-Month 2-Sided Laminated Fishery Conservation and Management the proposed actions. Wall Planner, 24″ x 37″ Act (Magnuson-Stevens Act), those Addition Contracting Activity: GSA/FSS HOUSEHOLD issues may not be the subject of formal AND INDUSTRIAL FURNITURE action during these meetings. Actions If the Committee approves the NSN/Product Name: 3990–00–NSH–0078/ will be restricted to those issues proposed addition, the entities of the Pallet, Treated Wood, 70″ x 42″ specifically identified in this notice and Federal Government identified in this Contracting Activity: DEPT OF JUST/ any issues arising after publication of notice will be required to procure the FEDERAL PRISON SYSTEM this notice that require emergency service listed below from nonprofit NSNs/Product Names: action under Section 305(c) of the agencies employing persons who are 8415–01–542–8496—Jacket, Loft, Extreme Magnuson-Stevens Act, provided the blind or have other severe disabilities. Cold Weather Level 7, Type 2, PCU, The following service is proposed for Army, Alpha Green, MR public has been notified of the Council’s 8415–01–542–8497—Jacket, Loft, Extreme intent to take final action to address the addition to the Procurement List for production by the nonprofit agencies Cold Weather Level 7, Type 1, PCU, emergency. Army, Alpha Green, LR listed: Special Accommodations 8415–01–542–8498—Jacket, Loft, Extreme Service Cold Weather Level 7, Type 2, PCU, These meetings are physically Service Type: Grounds Maintenance Army, Alpha Green, XL accessible to people with disabilities. Mandatory for: US Navy NAVFAC Mid 8415–01–542–8499—Jacket, Loft, Extreme Requests for sign language Atlantic, Greater Sandy Run Area, Camp Cold Weather Level 7, Type 2, PCU, interpretation or other auxiliary aid Davis, Onslow Beach, Wilson Bay, Hwy Army, Alpha Green, XL should be directed to M. Jan Saunders, 24 Bell Fork foot Bridge & Verona Loop, 8415–01–542–8500—Jacket, Loft, Extreme Marine Corps Base, Camp Lejeune, NC Cold Weather Level 7, Type 2, PCU, (302) 526–5251, at least 5 days prior to Army, Alpha Green, XXL the meeting date. Mandatory Source of Supply: Coastal Enterprises of Jacksonville, Inc., 8415–01–542–8501—Jacket, Loft, Extreme Dated: November 21, 2017. Jacksonville, NC Cold Weather Level 7, Type 2, PCU, Jeffrey N. Lonergan, Contracting Activity: DEPT OF THE NAVY, Army, Alpha Green, XXLL 8415–01–542–8502—Jacket, Loft, Extreme Acting Deputy Director, Office of Sustainable NAVAL FAC ENGINEERING CMD MID LANT Cold Weather Level 7, Type 2, PCU, Fisheries, National Marine Fisheries Service. Army, Alpha Green, XS [FR Doc. 2017–25640 Filed 11–24–17; 8:45 am] Deletion 8415–01–542–8504—Jacket, Loft, Extreme BILLING CODE 3510–22–P Cold Weather Level 7, Type 1, PCU, The following products and service Army, Alpha Green, LL are proposed for deletion from the 8415–01–542–8505—Jacket, Loft, Extreme Procurement List: Cold Weather Level 7, Type 2, PCU, COMMITTEE FOR PURCHASE FROM Army, Alpha Green, XXXLL Products PEOPLE WHO ARE BLIND OR 8415–01–542–8575—Trousers, Loft Level SEVERELY DISABLED NSNs/Product Names: 9905–02–000–8089/ 7, ECWCS, PCU, Army, Alpha Green, Holder, Label, Brass 9905–02–000–8698/ XXLL Procurement List; Proposed Addition Holder, Label, Brass 8415–01–542–8576—Trousers, Loft Level and Deletions Mandatory Source of Supply: CW Resources, 7, ECWCS, PCU, Army, Alpha Green, Inc., New Britain, CT XXXLL AGENCY: Committee for Purchase From Contracting Activity: U.S. Postal Service, 8415–01–542–8577—Trousers, Loft Level People Who Are Blind or Severely Eagan, Eagan, MN 7, ECWCS, PCU, Army, Alpha Green, Disabled. NSN/Product Name: 3920–02–000–1915/Bar XXXLL Assembly, Door ACTION: Proposed addition to and 8415–01–542–8580—Trousers, Loft Level Mandatory Source of Supply: Rauch, Inc., deletions from the Procurement List. 7, ECWCS, PCU, Army, Alpha Green, LL New Albany, IN 8415–01–542–8581—Trousers, Loft Level Contracting Activity: USPS, Topeka SUMMARY: 7, ECWCS, PCU, Army, Alpha Green, MR The Committee is proposing Purchasing Center, Topeka, KS to add service to the Procurement List 8415–01–542–8582—Trousers, Loft Level NSNs/Product Names: 7, ECWCS, PCU, Army, Alpha Green, SR that will be furnished by nonprofit 7510–01–600–7561/Wall Calendar, Dated 8415–01–542–8584—Trousers, Loft Level agencies employing persons who are 2017, Wire Bound w/hanger, 15.5″ x 22″ 7, ECWCS, PCU, Army, Alpha Green, XL blind or have other severe disabilities, 7510–01–600–7564/Monthly Wall 8415–01–542–8586—Trousers, Loft Level and deletes products and service Calendar, Dated 2017, Jan–Dec, 81⁄2″ x 7, ECWCS, PCU, Army, Alpha Green, previously furnished by such agencies. 11″ XXL

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8415–01–542–8587—Trousers, Loft Level COMMITTEE FOR PURCHASE FROM connection with the service proposed 7, ECWCS, PCU, Army, Alpha Green, PEOPLE WHO ARE BLIND OR for addition to the Procurement List. XLL SEVERELY DISABLED 8415–01–542–8588—Trousers, Loft Level End of Certification 7, ECWCS, PCU, Army, Alpha Green, XS Procurement List; Addition and Accordingly, the following service is 8415–01–542–8589—Trousers, Loft Level Deletions added to the Procurement List: 7, ECWCS, PCU, Army, Alpha Green, LR 8415–01–543–0377—Vest, Loft, Rainproof, AGENCY: Committee for Purchase From Service Level 7, PCU, Army, Alpha Green, People Who Are Blind or Severely Service Type: Custodial Service XXXLL Disabled. Mandatory for: USDA Forest Service, 8415–01–543–0382—Vest, Loft, Rainproof, Bridger-Teton National Forest Supervisor’s Level 7, PCU, Army, Alpha Green, XXL ACTION: Addition to and deletions from the Procurement List. Office, Jackson Ranger District & Teton 8415–01–543–0384—Vest, Loft, Rainproof, Interagency Helibase, Jackson, WY Level 7, PCU, Army, Alpha Green, LR SUMMARY: Mandatory Source of Supply: Development 8415–01–543–0386—Vest, Loft, Rainproof, This action adds a service to the Procurement List that will be Workshop, Inc., Idaho Falls, ID Level 7, PCU, Army, Alpha Green, Contracting Activity: USDA FOREST XXXLL provided by nonprofit agency SERVICE 8415–01–543–0391—Vest, Loft, Level 7 employing persons who are blind or Epic by Nextec, PCU, Army, Alpha have other severe disabilities, and Deletions Green, SR deletes a product and services from the On 10/10/2017 (82 FR, No. 194) and 8415–01–543–0392—Vest, Loft, Level 7 Procurement List previously furnished 10/20/2017 (82 FR, No. 202), the Epic by Nextec, PCU, Army, Alpha by such agencies. Committee for Purchase From People Green, MR DATES: Date added to the Procurement 8415–01–543–0396—Vest, Loft, Rainproof, Who Are Blind or Severely Disabled Level 7, PCU, Army, Alpha Green, LL List: December 27, 2017. published notices of proposed deletions 8415–01–543–0399—Vest, Loft, Rainproof, ADDRESSES: Committee for Purchase from the Procurement List. Level 7, PCU, Army, Alpha Green, XL From People Who Are Blind or Severely After consideration of the relevant 8415–01–543–0401—Vest, Loft, Rainproof, Disabled, 1401 S. Clark Street, Suite matter presented, the Committee has Level 7, PCU, Army, Alpha Green, XLL 715, Arlington, Virginia 22202–4149. determined that the product and 8415–01–543–0403—Vest, Loft, Rainproof, FOR FURTHER INFORMATION CONTACT: services listed below are no longer Level 7, PCU, Army, Alpha Green, Amy B. Jensen, Telephone: (703) 603– suitable for procurement by the Federal XXXLL 7740, Fax: (703) 603–0655, or email Government under 41 U.S.C. 8501–8506 8415–01–543–0404—Vest, Loft, Level 7 and 41 CFR 51–2.4. Epic by Nextec, PCU, Army, Alpha [email protected]. Green, XS SUPPLEMENTARY INFORMATION: Regulatory Flexibility Act Certification 8415–01–543–1605— Jacket, Loft, Extreme I certify that the following action will Cold Weather Level 7, PCU, Type 1, Addition Army, Alpha Green, XXXL On 9/22/2017 (82 FR, No. 183), the not have a significant impact on a 8415–01–543–1613—Jacket, Loft, Extreme Committee for Purchase From People substantial number of small entities. Cold Weather Level 7, Type 1, PCU, Who Are Blind or Severely Disabled The major factors considered for this Army, Alpha Green, SR published notice of proposed addition certification were: 1. The action will not result in 8415–01–543–7022—Pants, Loft, Level 7, to the Procurement List. PCU, Army, Alpha Green, ML After consideration of the material additional reporting, recordkeeping or 8415–01–543–7042—Jacket, Loft, Extreme other compliance requirements for small Cold Weather Level 7, Type 1, PCU, presented to it concerning capability of qualified nonprofit agency to provide entities. Army, Alpha Green, ML 2. The action may result in the service and impact of the additions 8415–01–576–2044—Jacket, Wet Weather authorizing small entities to furnish the on the current or most recent Level 6, PCU, Army, Men’s, Desert product and services to the Government. Camouflage, XSR contractors, the Committee has 3. There are no known regulatory 8415–01–576–0098—Jacket, Wet Weather determined that the service listed below alternatives which would accomplish Level 6, PCU, Army, Men’s, Desert is suitable for procurement by the Camouflage, MR the objectives of the Javits-Wagner- Federal Government under 41 U.S.C. O’Day Act (41 U.S.C. 8501–8506) in 8415–01–576–2048—Jacket, Wet Weather 8501–8506 and 41 CFR 51–2.4. Level 6, PCU, Army, Men’s, Desert connection with the product and Camouflage, XXL Regulatory Flexibility Act Certification services deleted from the Procurement 8415–01–543–7044 PCU Level 7 Loft Vest List. Alpha Green ML I certify that the following action will Contracting Activity: W6QK ACC–APG not have a significant impact on a End of Certification NATICK, DEPT OF THE ARMY substantial number of small entities. Accordingly, the following product The major factors considered for this Service and services are deleted from the certification were: Procurement List: Service Type/Location: Custodial Services/ 1. The action will not result in any Little Creek Naval Amphibious Base, additional reporting, recordkeeping or Product Norfolk, VA other compliance requirements for small NSN—Product Name: 8470–00–NSH–0031— Mandatory Source of Supply: Didlake, Inc., entities other than the small Center Mounted Weapon Harness Manassas, VA Mandatory Source of Supply: Employment Contracting Activity: DEPT OF THE NAVY, organization that will provide the Source, Inc., Fayetteville, NC NAVAL FAC ENGINEERING CMD MID service to the Government. Contracting Activity: Army Contracting LANT. 2. The action will result in authorizing a small entity to provide the Command—Aberdeen Proving Ground, Patricia Briscoe, service to the Government. Natick Contracting Division, Natick, MA Deputy Director, Business Operations, 3. There are no known regulatory Services (Pricing and Information Management). alternatives which would accomplish Service Type: Mail and Messenger Service [FR Doc. 2017–25545 Filed 11–24–17; 8:45 am] the objectives of the Javits-Wagner- Mandatory for: Naval Facilities Engineering BILLING CODE 6353–01–P O’Day Act (41 U.S.C. 8501–8506) in Command (NAVFAC) Southern Division,

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Charleston, SC Comments will be accepted at any with the requirements and objectives of Mandatory Source of Supply: Goodwill time during the environmental impact Executive Order 11990, ‘‘Protection of Industries of Lower South Carolina, Inc., analysis process. However, to ensure the Wetlands,’’ and Executive Order 11988, North Charleston, SC Air Force has sufficient time to consider ‘‘Floodplain Management,’’ as amended Contracting Activity: DEPT OF THE NAVY, NAVY FACILITIES ENGINEERING public input in the preparation of the by Executive Order 13690, ‘‘Establishing COMMAND Draft Environmental Impact Statement, a Federal Flood Risk Management Service Type: Janitorial/Custodial Service scoping comments should be submitted Standard and a Process for Further Mandatory for: GSA, Parking Facilities by January 12, 2017. Soliciting and Considering Stakeholder Spring and Pearl Streets, Columbus, OH SUPPLEMENTARY INFORMATION: The Solar Input,’’ state and federal regulatory Mandatory Source of Supply: VGS, Inc., Enhanced Use Lease Project will be agencies with special expertise in Cleveland, OH sited up to 4,000 acres of available, non- wetlands and floodplains will be Contracting Activity: PUBLIC BUILDINGS excess Air Force land located on contacted to request comment. SERVICE, ACQUISITION Consistent with Executive Order 11988, MANAGEMENT DIVISION Edwards Air Force Base. Alternatives which meet the purpose and need for Executive Order 13690, and Executive Patricia Briscoe, the Proposed Action have been Order 11990, this Notice of Intent Deputy Director, Business Operations, identified and include the No Action initiates early public review of the (Pricing and Information Management) Alternative and two additional alternatives that have the potential to be [FR Doc. 2017–25544 Filed 11–24–17; 8:45 am] alternatives. Alternative A includes full- located in a floodplain and/or wetland. BILLING CODE 6353–01–P scale project development of a 600 Notification of the meeting locations, Megawatt solar PV project and dates, and times will be published and construction of a 150 Megawatt battery announced in local news media no later than 15 days prior to public scoping DEPARTMENT OF DEFENSE storage facility on up to 4,000 acres of Edwards Air Force Base property meetings. The scoping process will help identify Department of the Air Force located in the northwestern corner of the base. Alternative B represents a the full range of reasonable alternatives, Notice of Intent To Prepare An reduced-scale alternative for the potential impacts, and key issues to be Environmental Impact Statement And construction and operation of a 200 emphasized in the environmental Environmental Impact Report for the Megawatt solar PV project and analysis. The Air Force has identified Edwards Air Force Base Solar construction of a 150 Megawatt battery potential impacts to the following Enhanced Use Lease Project storage facility. Under Alternative B, the resources: Air Quality, Biological reduced-scale project will be sited on up Resources, Cultural and Historical AGENCY: Department of the States Air to 1,500 acres of Edwards Air Force Resources, Water Resources, Land Use, Force. Base non-excess property within the Paleontological Resources, Soils, and ACTION: Notice of intent. same project footprint as Alternative A. Visual Resources. Scoping will assist The project also includes construction the Air Force and Kern County in SUMMARY: The United States Air Force of a Gen-tie line of approximately 10– identifying and addressing other issues (The Air Force) is issuing this notice to 14 miles in total length. The Gen-tie of concern. advise the public of the intent to includes a north-south component and Oral and written comments presented prepare a joint Environmental Impact an east-west component. There are three at the public scoping meetings, as well Statement and Environmental Impact alternatives for the north-south Gen-tie as written comments received by the Air Report with the County of Kern, connection. The Proposed Action will Force or County of Kern will be California. The Environmental Impact include only one of these three north- considered in the preparation of the Statement and Environmental Impact south route options. There are two Draft Environmental Impact Statement Report will assess the potential alternatives for the east-west Gen-tie and Environmental Report. environmental consequences of various connection. The Proposed Action will Henry Williams, alternatives for development of the include only one of these two east-west Edwards Air Force Base Solar Enhanced Acting Air Force Federal Register Liaison route options. The Proposed Action is Officer. Use Lease Project. subject to the requirements and [FR Doc. 2017–25556 Filed 11–24–17; 8:45 am] DATES: The Air Force invites the public, objectives of Executive Order 11988, BILLING CODE 5001–10–P stakeholders, and other interested Floodplain Management, as amended. parties to attend an open house public All alternatives for the Proposed Action, scoping meeting on December 12, 2017 including alternatives for the Gen-tie DEPARTMENT OF DEFENSE from 5 p.m. to 8 p.m. at the Mojave line will result in impacts to Veterans Memorial Building located at floodplains. Department of the Air Force address 15580 O Street, Mojave, Scoping and Agency Coordination: To California 93501. effectively define the full range of issues U.S. Air Force Scientific Advisory ADDRESSES: Scoping comments may also to be evaluated in the Environmental Board; Notice of Meeting be submitted to: Gary Hatch, Impact Statement and Environmental AGENCY: Department of the Air Force, Environmental Public Affairs, Bldg. Impact Report, the Air Force will Air Force Scientific Advisory Board. 1405 Room 400, Edwards Air Force determine the scope of the analysis by ACTION: Meeting notice. Base, California 93524; email: soliciting comments from interested [email protected], Phone: 661– local, state and federal elected officials Under the provisions of the Federal 277–4127, Fax: (661) 277–2732. and agencies, as well as interested Advisory Committee Act of 1972 (5 Handicap assistance or translation members of the public and others. U.S.C., Appendix, as amended), the service at public meetings can be made Implementation of the Edwards Solar Government in the Sunshine Act of available by providing advance notice to Enhanced Use Lease Project would have 1976 (5 U.S.C. 552b, as amended), and Mr. Hatch at the contact information the potential to be located in a 41 CFR 102–3.150, the Department of listed above. floodplain and/or wetland. Consistent Defense announces that the United

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States Air Force (USAF) Scientific DEPARTMENT OF DEFENSE Comments received generally will be Advisory Board (SAB) Winter Board posted without change to http:// meeting will take place on 23 January Defense Acquisition Regulations www.regulations.gov, including any 2018 at the Beckman Center of National System personal information provided. Academies of Science and Engineering, Instructions: Search for ‘‘Docket located at 100 Academy Drive, Irvine, [Docket DARS–2017–0018; OMB Control Number: DARS–2017–0018.’’ Select Number 0704–0525] California 92617. The purpose of this ‘‘Comment Now’’ and follow the Air Force Scientific Advisory Board Information Collection Requirement; instructions provided to submit a quarterly meeting is to kick-off the Defense Federal Acquisition comment. All submissions received Scientific Advisory Board’s FY18 Regulation Supplement; Part 225 and must include the agency name and studies, offering board members the 252 Provision on Prohibition of docket number for this notice. opportunity to hear directly from a Foreign Commercial Satellite Services Comments received generally will be wide-range of Department of Defense From Certain Foreign Entities- posted without change to http:// subject matter experts and provide Representations www.regulations.gov, including any dedicated time to begin collaboration on personal information provided. To research. The meeting will occur from AGENCY: Defense Acquisition confirm receipt of your comment(s), 8:30 a.m.–4:15 p.m. on Tuesday, 23 Regulations System, Department of please check www.regulations.gov, January 2018. The session that will be Defense (DoD). approximately two to three days after open to the general public will be held ACTION: Notice and request for submission to verify posting (except from 8:30 a.m. to 9:00 a.m. on 23 comments regarding a proposed allow 30 days for posting of comments January 2018. In accordance with 5 extension of an approved information submitted by mail). U.S.C. 552b, as amended, and 41 CFR collection requirement. FOR FURTHER INFORMATION CONTACT: Ms. 102–3.155, a number of sessions of the Amy Williams, 571–372–6106. Air Force Scientific Advisory Board SUMMARY: In compliance with the SUPPLEMENTARY INFORMATION: Winter Board meeting will be closed to Paperwork Reduction Act of 1995, DoD the general public because they will announces the proposed extension of a Title and OMB Number: Defense discuss classified information and public information collection Federal Acquisition Regulation matters covered by Section 552b of Title requirement and seeks public comment Supplement (DFARS) Part 225 and 5, United States Code, subsection (c), on the provisions thereof. DoD invites 252.225–7049, Prohibition on subparagraph (1). comments on: Whether the proposed Acquisition of Commercial Satellite Any member of the public that wishes collection of information is necessary Services from Certain Foreign Entities- to attend this meeting or provide input for the proper performance of the Representations; OMB Control Number to the Air Force Scientific Advisory functions of DoD, including whether the 0704–0525. Board must contact the Scientific information will have practical utility; Needs and Uses: Defense Federal Advisory Board meeting organizer at the the accuracy of the estimate of the Acquisition Regulation Supplement phone number or email address listed in burden of the proposed information (DFARS) provision 252.225–7049, this announcement at least five working collection; ways to enhance the quality, Prohibition on Acquisition of days prior to the meeting date. Please utility, and clarity of the information to Commercial Satellite Services from ensure that you submit your written be collected; and ways to minimize the Certain Foreign Entities— statement in accordance with 41 CFR burden of the information collection on Representations, is used by contracting 102–3.140(c) and section 10(a)(3) of the respondents, including the use of officers to determine whether the offeror Federal Advisory Committee Act. automated collection techniques or is subject to the statutory prohibition on Statements being submitted in response other forms of information technology. award of contracts for commercial to the agenda mentioned in this notice The Office of Management and Budget satellite services to certain foreign must be received by the Scientific (OMB) has approved this information entities. Type of Collection: Revision of a Advisory Board meeting organizer at collection requirement for use through currently approved collection. least five calendar days prior to the January 31, 2018. DoD proposes that Obligation to Respond: Required to meeting commencement date. The OMB extend its approval for use for obtain or retain benefits. Scientific Advisory Board meeting three additional years beyond the Affected Public: Businesses or other organizer will review all timely current expiration date. submissions and respond to them prior for-profit and not-for-profit institutions. DATES: to the start of the meeting identified in DoD will consider all comments Number of Respondents: 256. this notice. Written statements received received by January 26, 2018. Responses per Respondent: 1. after this date may not be considered by ADDRESSES: You may submit comments, Annual Responses: 256. the Scientific Advisory Board until the identified by OMB Control Number Average Burden per Response: .25 next scheduled meeting. 0704–0525, using any of the following hours. FOR FURTHER INFORMATION CONTACT: The methods: Annual Burden Hours: 64. Æ Scientific Advisory Board meeting Federal eRulemaking Portal: http:// Frequency: On Occasion. www.regulations.gov. Follow the organizer, Lt Col Mike Rigoni at Summary of Information Collection [email protected] or 703– instructions for submitting comments. Æ 695–4297, United States Air Force Email: [email protected]. Include The provision is included in Scientific Advisory Board, 1500 West OMB Control Number 0704–0525 in the solicitations for the acquisition of Perimeter Road, Ste. #3300, Joint Base subject line of the message. foreign commercial satellite services Æ Andrews, MD 20762. Fax: 571–372–6094. and requires the offeror to represent Æ Mail: Defense Acquisition whether it is or is not a foreign entity Henry Williams, Regulations System, Attn: Ms. Amy subject to the prohibitions of the statute, Acting Air Force Federal Register Officer. Williams, OUSD (AT&L) DPAP/DARS, or is or is not offering foreign [FR Doc. 2017–25555 Filed 11–24–17; 8:45 am] Room 3B941, 3060 Defense Pentagon, commercial satellite services provided BILLING CODE 5001–10–P Washington, DC 20301–3060. by such a foreign entity. If the offeror

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responds affirmatively to any of the opportunity to comment on proposed, Dated: November 22, 2017. representations, then the offeror must revised, and continuing collections of Stephanie Valentine, provide further information. information. This helps the Department Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Jennifer L. Hawes, assess the impact of its information collection requirements and minimize Officer, Office of Management. Regulatory Control Officer, Defense [FR Doc. 2017–25702 Filed 11–24–17; 8:45 am] Acquisition Regulations System. the public’s reporting burden. It also BILLING CODE 4000–01–P [FR Doc. 2017–25560 Filed 11–24–17; 8:45 am] helps the public understand the Department’s information collection BILLING CODE 5001–06–P requirements and provide the requested DEPARTMENT OF EDUCATION data in the desired format. ED is DEPARTMENT OF EDUCATION soliciting comments on the proposed [Docket No.: ED–2017–ICCD–0100] information collection request (ICR) that [Docket No.: ED–2017–ICCD–0097] is described below. The Department of Agency Information Collection Education is especially interested in Activities; Submission to the Office of Agency Information Collection public comment addressing the Management and Budget for Review Activities; Submission to the Office of and Approval; Comment Request; following issues: (1) Is this collection Management and Budget for Review Annual State Application Under Part B necessary to the proper functions of the and Approval; Comment Request; of the Individuals With Disabilities State and Local Educational Agency Department; (2) will this information be Education Act Record and Reporting Requirements processed and used in a timely manner; Under Part B of the Individuals With (3) is the estimate of burden accurate; AGENCY: Department of Education (ED), Disabilities Education Act (4) how might the Department enhance Office of Special Education and the quality, utility, and clarity of the Rehabilitative Services (OSERS). AGENCY: Department of Education (ED), information to be collected; and (5) how ACTION: Notice. Office of Special Education and might the Department minimize the Rehabilitative Services (OSERS). burden of this collection on the SUMMARY: In accordance with the ACTION: Notice. respondents, including through the use Paperwork Reduction Act of 1995, ED is proposing a revision of an existing of information technology. Please note SUMMARY: In accordance with the information collection. that written comments received in Paperwork Reduction Act of 1995, ED is DATES: response to this notice will be Interested persons are invited to proposing a revision of an existing submit comments on or before considered public records. information collection. December 27, 2017. DATES: Interested persons are invited to Title of Collection: State and Local ADDRESSES: To access and review all the submit comments on or before Educational Agency Record and documents related to the information December 27, 2017. Reporting Requirements Under Part B of collection listed in this notice, please ADDRESSES: To access and review all the the Individuals with Disabilities use http://www.regulations.gov by documents related to the information Education Act. searching the Docket ID number ED– collection listed in this notice, please OMB Control Number: 1820–0600. 2017–ICCD–0100. Comments submitted use http://www.regulations.gov by Type of Review: A revision of an in response to this notice should be searching the Docket ID number ED– submitted electronically through the existing information collection. 2017–ICCD–0097. Comments submitted Federal eRulemaking Portal at http:// in response to this notice should be Respondents/Affected Public: State, www.regulations.gov by selecting the submitted electronically through the Local, and Tribal Governments. Docket ID number or via postal mail, Federal eRulemaking Portal at http:// Total Estimated Number of Annual commercial delivery, or hand delivery. www.regulations.gov by selecting the Responses: 73,503. Please note that comments submitted by Docket ID number or via postal mail, fax or email and those submitted after Total Estimated Number of Annual commercial delivery, or hand delivery. the comment period will not be Burden Hours: 347,449. Please note that comments submitted by accepted. Written requests for fax or email and those submitted after Abstract: OMB Information Collection information or comments submitted by the comment period will not be 1820–0600 reflects the provisions in the postal mail or delivery should be accepted. Written requests for Act and the Part B regulations requiring addressed to the Director of the information or comments submitted by States and/or local educational agencies Information Collection Clearance postal mail or delivery should be (LEAs) to collect and maintain Division, U.S. Department of Education, addressed to the Director of the information or data and, in some cases, 400 Maryland Avenue SW., LBJ, Room Information Collection Clearance report information or data to other 216–32, Washington, DC 20202–4537. Division, U.S. Department of Education, public agencies or to the public. FOR FURTHER INFORMATION CONTACT: For 400 Maryland Avenue SW., LBJ, Room However, such information or data are specific questions related to collection 216–32, Washington, DC 20202–4537. not reported to the Secretary. Data are activities, please contact Rebecca FOR FURTHER INFORMATION CONTACT: For collected in the areas of private schools, Walawender, 202–245–7399. specific questions related to collection parentally placed private school SUPPLEMENTARY INFORMATION: The activities, please contact Rebecca students, State high cost fund, Department of Education (ED), in Walawender, 202–245–7399. notification of free and low cost legal accordance with the Paperwork SUPPLEMENTARY INFORMATION: The services, early intervening services, Reduction Act of 1995 (PRA) (44 U.S.C. Department of Education (ED), in notification of hearing officers and 3506(c)(2)(A)), provides the general accordance with the Paperwork mediators, State complaint procedures, public and Federal agencies with an Reduction Act of 1995 (PRA) (44 U.S.C. and the LEA application under Part B. opportunity to comment on proposed, 3506(c)(2)(A)), provides the general revised, and continuing collections of public and Federal agencies with an information. This helps the Department

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assess the impact of its information ACTION: Notice of public availability of located near the Town of Eagle River, in collection requirements and minimize FY 2016 Service Contract inventories. the Municipality of Anchorage, Alaska. the public’s reporting burden. It also g. Filed Pursuant to: Section 23(b)(1) helps the public understand the SUMMARY: In accordance with Section of the Federal Power Act, 16 U.S.C. Department’s information collection 743 of Division C of the Consolidated 817(b) (2012). requirements and provide the requested Appropriations Act of 2010 (Pub. L. h. Applicant Contact: David Brailey, data in the desired format. ED is 111–117), the Department of Energy managing member, Ram Valley LLC, soliciting comments on the proposed (DOE) is publishing this notice to advise 3527 North Point Drive, Anchorage, AK information collection request (ICR) that the public on the availability of the FY 99502, telephone: (907) 248–0058; is described below. The Department of 2016 Service Contract inventory. This email: [email protected]; Agent Education is especially interested in inventory provides information on Contact: David Brailey, owner, Brailey public comment addressing the service contract actions over $25,000 Hydrologic, 3527 North Point Drive, following issues: (1) Is this collection that DOE completed in FY 2016. The Anchorage, AK 99502, telephone: (907) necessary to the proper functions of the inventory has been developed in 248–0058 Department; (2) will this information be accordance with guidance issued by the i. FERC Contact: Any questions on processed and used in a timely manner; Office of Management and Budget’s this notice should be addressed to (3) is the estimate of burden accurate; Office of Federal Procurement Policy Jennifer Polardino, (202) 502–6437, or (4) how might the Department enhance (OFPP). email: [email protected]. j. Deadline for filing comments, the quality, utility, and clarity of the FY 2016 government-wide service protests, and motions to intervene is: 30 information to be collected; and (5) how contract inventory can be found at days from the issuance date of this might the Department minimize the https://www.acquisition.gov/service- notice by the Commission. This burden of this collection on the contract-inventory. The Department of supersedes the due date of the October respondents, including through the use Energy’s service contract inventory data 4, 2017 public notice issued for this of information technology. Please note is included in the government-wide proceeding. that written comments received in inventory posted on the above link and the government-wide inventory can be The Commission strongly encourages response to this notice will be electronic filing. Please file comments, considered public records. filtered to display the inventory data for the Department. protests, and motions to intervene using Title of Collection: Annual State the Commission’s eFiling system at Application Under Part B of the DOE has posted its FY 2015 Analysis and the FY 2016 Analysis Plan at: http://www.ferc.gov/docs-filing/ Individuals with Disabilities Education efiling.asp. Commenters can submit Act. http://energy.gov/management/ downloads/service-contract-inventory. brief comments up to 6,000 characters, OMB Control Number: 1820–0030. without prior registration, using the FOR FURTHER INFORMATION CONTACT: Type of Review: A revision of an eComment system at http:// existing information collection. Questions regarding the service contract www.ferc.gov/docs-filing/ Respondents/Affected Public: State, inventory should be directed to Jeff ecomment.asp. You must include your Local, and Tribal Governments. Davis in the Strategic Programs Division name and contact information at the end Total Estimated Number of Annual at 202–287–1877 or jeff.davis@ of your comments. For assistance, Responses: 60. hq.doe.gov. please contact FERC Online Support at Total Estimated Number of Annual Dated: October 5, 2017. [email protected], (866) Burden Hours: 840. John R. Bashista, 208–3676 (toll free), or (202) 502–8659 Abstract: The Individuals with Director, Office of Acquisition Management. (TTY). In lieu of electronic filing, please Disabilities Education Act, signed on [FR Doc. 2017–25511 Filed 11–24–17; 8:45 am] send a paper copy to: Secretary, Federal December 3, 2004, became Public Law BILLING CODE 6450–01–P Energy Regulatory Commission, 888 108–446. In accordance with 20 U.S.C. First Street NE., Washington, DC 20426. 1412(a) a State is eligible for assistance The first page of any filing should under Part B for a fiscal year if the State DEPARTMENT OF ENERGY include docket number DI17–12–000. submits a plan that provides assurances k. Description of Project: The to the Secretary that the State has in Federal Energy Regulatory proposed run-of-river Juniper Creek effect policies and procedures to ensure Commission Hydroelectric Project would consist of: (1) A low-head diversion structure on that the State meets each of the [Docket No. DI17–12–000] conditions found in 20 U.S.C. 1412. Juniper Creek; (2) a 16-inch-diameter, Dated: November 22, 2017. Notice of Declaration of Intention and 1,125-foot-long buried penstock; (3) a 20-foot-wide, 20-foot-long powerhouse Stephanie Valentine, Soliciting Comments, Protests, and Motions To Intervene; Ram Valley, LLC containing a 320-kilowatt generating Acting Director, Information Collection unit; (4) a 40-foot-long tailrace returning Clearance Division, Office of the Chief Privacy Take notice that the following Officer, Office of Management. water to Juniper Creek; (5) a 1,700-foot- application has been filed with the long, 13.8-kilovolt underground [FR Doc. 2017–25705 Filed 11–24–17; 8:45 am] Commission and is available for public ; (6) access trails; and BILLING CODE 4000–01–P inspection: (7) appurtenant facilities. a. Application Type: Declaration of When a Declaration of Intention is Intention. filed with the Federal Energy Regulatory b. Docket No: DI17–12–000. Commission, the Federal Power Act DEPARTMENT OF ENERGY c. Date Filed: September 22, 2017. requires the Commission to investigate Public Availability of Department of d. Applicant: Ram Valley, LLC. and determine if the project would Energy FY 2016 Service Contract e. Name of Project: Juniper Creek affect the interests of interstate or Inventory Hydroelectric Project. foreign commerce. The Commission also f. Location: The proposed Juniper determines whether or not the project: AGENCY: Department of Energy. Creek Hydroelectric Project would be (1) Would be located on a navigable

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waterway; (2) would occupy public filing comments, it will be presumed to market-based power sales as a condition lands or reservations of the United have no comments. One copy of an for retaining that authorization.2 States; (3) would utilize surplus water agency’s comments must also be sent to Commission staff’s review of the or water power from a government dam; the Applicant’s representatives. Electric Quarterly Reports indicates that or (4) would be located on a non- Dated: November 20, 2017. the following seven public utilities with navigable stream over which Congress Kimberly D. Bose, market-based rate authorization have has Commerce Clause jurisdiction and Secretary. failed to file their Electric Quarterly would be constructed or enlarged after Reports: Niagara Generation, LLC, C2K [FR Doc. 2017–25483 Filed 11–24–17; 8:45 am] 1935. Energy, LLC, RDAF Energy Solutions, BILLING CODE 6717–01–P l. Locations of the Application: This LLC, Castlebridge Energy Group LLC, filing may be viewed on the Intercom Energy, Inc., Chesapeake Commission’s Web site at http:// DEPARTMENT OF ENERGY Renewable Energy LLC, and EmpireCo www.ferc.gov/docs-filing/elibrary.asp. Limited Partnership. This order notifies Enter the docket number excluding the Federal Energy Regulatory these public utilities that their market- last three digits in the docket number Commission based rate authorizations will be field to access the document. You may revoked unless they comply with the also register online at http:// Order on Intent To Revoke Market- Commission’s requirements within 15 www.ferc.gov/docs-filing/ Based Rate Authority days of the date of issuance of this esubscription.asp to be notified via order. email of new filings and issuances Before Commissioners: Neil Chatterjee, related to this or other pending projects. Chairman; Cheryl A. LaFleur, and Robert F. 3. In Order No. 2001, the Commission For assistance, call 1–866–208–3676 or Powelson. stated that, email [email protected], for Docket Nos. [i]f a public utility fails to file a[n] TTY, call (202) 502–8659. A copy is also Electric Quarterly Report (without an available for inspection and Electric Quarterly Reports ER02–2001–020 appropriate request for extension), or reproduction at the address in item (h) Niagara Generation, LLC ER10–3154–000 fails to report an agreement in a report, above and in the Commission’s Public C2K Energy, LLC ...... ER14–1751–001 that public utility may forfeit its market- Reference Room located at 888 First RDAF Energy Solutions, ER16–895–002 based rate authority and may be Street NE., Room 2A, Washington, DC LLC. Castlebridge Energy ER11–4629–000 required to file a new application for 20426, or by calling (202) 502–8371. market-based rate authority if it wishes m. Individuals desiring to be included Group LLC. Intercom Energy, Inc...... ER11–125–000 to resume making sales at market-based on the Commission’s mailing list should Chesapeake Renewable ER13–28–001 rates.3 so indicate by writing to the Secretary Energy LLC. 4. The Commission further stated that, of the Commission. EmpireCo Limited Partner- ER11–2882–001 n. Comments, Protests, or Motions to ship. [o]nce this rule becomes effective, the Intervene: Anyone may submit requirement to comply with this rule comments, a protest, or a motion to 1. Section 205 of the Federal Power will supersede the conditions in public intervene in accordance with the Act (FPA), 16 U.S.C. 824d (2012), and utilities’ market-based rate requirements of Rules of Practice and 18 CFR part 35 (2017), require, among authorizations, and failure to comply Procedure, 18 CFR 385.210, .211, and other things, that all rates, terms, and with the requirements of this rule will .214. In determining the appropriate conditions for jurisdictional services be subject public utilities to the same action to take, the Commission will filed with the Commission. In Order No. consequences they would face for not consider all protests or other comments 2001, the Commission revised its public satisfying the conditions in their rate filed, but only those who file a motion utility filing requirements and authorizations, including possible to intervene in accordance with the established a requirement for public revocation of their authority to make Commission’s Rules may become a utilities, including power marketers, to wholesale power sales at market-based party to the proceeding. Any comments, file Electric Quarterly Reports.1 rates.4 protests, or motions to intervene must 2. The Commission requires sellers 5. Pursuant to these requirements, the be received on or before the specified with market-based rate authorization to Commission has revoked the market- comment date for the particular file Electric Quarterly Reports based rate tariffs of market-based rate application. summarizing contractual and o. Filing and Service of Responsive transaction information related to their Documents: All filings must bear in all 2 See Refinements to Policies and Procedures for 1 Market-Based Rates for Wholesale Sales of Electric capital letters the title COMMENTS, Revised Public Utility Filing Requirements, Energy, Capacity and Ancillary Services by Public Order No. 2001, FERC Stats. & Regs. ¶ 31,127, reh’g PROTESTS, and MOTIONS TO Utilities, Order No. 816, FERC Stats. & Regs. ¶ denied, Order No. 2001–A, 100 FERC ¶ 61,074, 31,374 (2015), order on reh’g, Order No. 816–A, 155 INTERVENE, as applicable, and the reh’g denied, Order No. 2001–B, 100 FERC ¶ FERC ¶ 61,188 (2016); Market-Based Rates for Docket Number of the particular 61,342, order directing filing, Order No. 2001–C, Wholesale Sales of Electric Energy, Capacity and 101 FERC ¶ 61,314 (2002), order directing filing, application to which the filing refers. A Ancillary Services by Public Utilities, Order No. copy of any Motion to Intervene must Order No. 2001–D, 102 FERC ¶ 61,334, order refining filing requirements, Order No. 2001–E, 105 697, FERC Stats. & Regs. ¶ 31,252, at P 3, clarified, also be served upon each representative FERC ¶ 61,352 (2003), order on clarification, Order 121 FERC ¶ 61,260 (2007), order on reh’g, Order No. of the Applicant specified in the No. 2001–F, 106 FERC ¶ 61,060 (2004), order 697–A, FERC Stats. & Regs. ¶ 31,268, clarified, 124 revising filing requirements, Order No. 2001–G, 120 FERC ¶ 61,055, order on reh’g, Order No. 697–B, particular application. FERC Stats. & Regs. ¶ 31,285 (2008), order on reh’g, p. Agency Comments: Federal, state, FERC ¶ 61,270, order on reh’g and clarification, Order No. 2001–H, 121 FERC ¶ 61,289 (2007), order Order No. 697–C, FERC Stats. & Regs. ¶ 31,291 and local agencies are invited to file revising filing requirements, Order No. 2001–I, (2009), order on reh’g, Order No. 697–D, FERC comments on the described application. FERC Stats. & Regs. ¶ 31,282 (2008). See also Filing Stats. & Regs. ¶ 31,305 (2010), aff’d sub nom. Mont. A copy of the application may be Requirements for Electric Utility Service Consumer Counsel v. FERC, 659 F.3d 910 (9th Cir. Agreements, 155 FERC ¶ 61,280, order on reh’g and 2011), cert. denied, 133 S. Ct. 26 (2012). obtained by agencies directly from the 3 clarification, 157 FERC ¶ 61,180 (2016) (clarifying Order No. 2001, FERC Stats. & Regs. ¶ 31,127 Applicant. If an agency does not file Electric Quarterly Reports reporting requirements at P 222. comments within the time specified for and updating Data Dictionary). 4 Id. P 223.

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sellers that failed to submit their Secretary is hereby directed, upon intervene, and protests must be served Electric Quarterly Reports.5 expiration of the filing deadline in this on the Complainant. 6. Sellers must file Electric Quarterly order, to promptly issue a notice, The Commission encourages Reports consistent with the procedures effective on the date of issuance, listing electronic submission of protests and set forth in Order Nos. 2001, 768,6 and the public utilities whose tariffs have interventions in lieu of paper using the 770.7 The exact filing dates for Electric been revoked for failure to comply with eFiling link at http://www.ferc.gov. Quarterly Reports are prescribed in 18 the requirements of this order and the Persons unable to file electronically CFR 35.10b (2017). As noted above, Commission’s Electric Quarterly Report should submit an original and 5 copies Commission staff’s review of the filing requirements. of the protest or intervention to the Electric Quarterly Reports for the period (B) The Secretary is hereby directed to Federal Energy Regulatory Commission, up to the second quarter of 2017 publish this order in the Federal 888 First Street NE., Washington, DC identified seven public utilities with Register. 20426. market-based rate authorization that By the Commission. This filing is accessible on-line at http://www.ferc.gov, using the eLibrary failed to file Electric Quarterly Reports. Issued: November 20, 2017. Commission staff contacted or link and is available for review in the Kimberly D. Bose, attempted to contact these entities to Commission’s Public Reference Room in remind them of their regulatory Secretary. Washington, DC. There is an obligations. Despite these reminders, the [FR Doc. 2017–25485 Filed 11–24–17; 8:45 am] eSubscription link on the Web site that public utilities listed in the caption of BILLING CODE 6717–01–P enables subscribers to receive email this order have not met these notification when a document is added obligations. Accordingly, this order to a subscribed docket(s). For assistance notifies these public utilities that their DEPARTMENT OF ENERGY with any FERC Online service, please email [email protected], or market-based rate authorizations will be Federal Energy Regulatory call (866) 208–3676 (toll free). For TTY, revoked unless they comply with the Commission Commission’s requirements within 15 call (202) 502–8659. days of the issuance of this order. [Docket No. EL18–31–000] Comment Date: 5:00 p.m. Eastern 7. In the event that any of the above- Time on December 7, 2017. captioned market-based rate sellers has Notice of Complaint; Clear River Energy Center LLC v. ISO New Dated: November 20, 2017. already filed its Electric Quarterly Kimberly D. Bose, Reports in compliance with the England Inc., New England Power Secretary. Commission’s requirements, its Company, New England Participating inclusion herein is inadvertent. Such Transmission Owners [FR Doc. 2017–25484 Filed 11–24–17; 8:45 am] BILLING CODE 6717–01–P market-based rate seller is directed, Take notice that on November 17, within 15 days of the date of issuance 2017, pursuant to section 206 of the of this order, to make a filing with the Federal Power Act, 16 U.S.C. 824e, and DEPARTMENT OF ENERGY Commission identifying itself and Rule 206 of the Federal Energy providing details about its prior filings Regulatory Commission’s (Commission) Federal Energy Regulatory that establish that it complied with the Rules of Practice and Procedure, 18 CFR Commission Commission’s Electric Quarterly Report 385.206, Clear River Energy Center LLC, [Docket No. CP18–13–000] filing requirements. (Complainant) filed a formal complaint 8. If any of the above-captioned against ISO New England Inc. (ISO–NE), Notice of Application; Columbia Gas market-based rate sellers does not wish New England Power Company, New Transmission, LLC to continue having market-based rate England Participating Transmission authority, it may file a notice of Owners (collectively, Respondents) Take notice that on November 3, cancellation with the Commission alleging that ISO–NE’s Transmission, 2017, Columbia Gas Transmission, LLC pursuant to section 205 of the FPA to Markets and Services Tariff is unjust (Columbia Gas), 700 Louisiana Street, cancel its market-based rate tariff. and unreasonable, anticompetitive and Suite 700, Houston, Texas 77002–2700, The Commission orders: unduly discriminatory, all as more fully filed in Docket No. CP18–13–000, an (A) Within 15 days of the date of explained in the complaint. application under sections 7(b) and 7(c) issuance of this order, each public Complainants certifies that a copy of of the Natural Gas Act for the proposed utility listed in the caption of this order the complaint was served on Line 8000 Replacement Project (Project). shall file with the Commission all respondents. Specifically, Columbia Gas requests delinquent Electric Quarterly Reports. If Any person desiring to intervene or to authorization to: (i) Replace a public utility subject to this order fails protest this filing must file in approximately 14 miles of bare steel to make the filings required in this accordance with Rules 211 and 214 of pipeline; and (ii) abandon multiple taps, order, the Commission will revoke that the Commission’s Rules of Practice and all located in Mineral County, West public utility’s market-based rate Procedure (18 CFR 385.211 and Virginia and Allegany County, authorization and will terminate its 385.214). Protests will be considered by Maryland, all as more fully set forth in electric market-based rate tariff. The the Commission in determining the the application which is on file with the appropriate action to be taken, but will Commission and open to public 5 See, e.g., Electric Quarterly Reports, 80 FR 58,243 (Sep. 28, 2015); Electric Quarterly Reports, not serve to make protestants parties to inspection. The project costs 79 FR 65,651 (Nov. 5, 2014). the proceeding. Any person wishing to approximately $18.2 million and 6 Electricity Market Transparency Provisions of become a party must file a notice of Columbia Gas requests pre- Section 220 of the Federal Power Act, Order No. intervention or motion to intervene, as determination of rolled-in rate treatment 768, FERC Stats. & Regs. ¶ 31,336 (2012), order on appropriate. The Respondents’ answer and surcharges. The Project is part of reh’g, Order No. 768–A, 143 FERC ¶ 61,054 (2013). 7 Revisions to Electric Quarterly Report Filing and all interventions, or protests must Columbia Gas’s multi-year, Process, Order No. 770, FERC Stats. & Regs. ¶ be filed on or before the comment date. comprehensive modernization program 31,338 (2012). The Respondents’ answer, motions to to address its aging infrastructure. This

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filing may be viewed on the web at considered. The second way to ENVIRONMENTAL PROTECTION http://www.ferc.gov using the participate is by filing with the AGENCY ‘‘eLibrary’’ link. Enter the docket Secretary of the Commission, as soon as [9970–26–OEI] number excluding the last three digits in possible, an original and two copies of the docket number field to access the comments in support of or in opposition Cross-Media Electronic Reporting: document. For assistance, please contact to this project. The Commission will Authorized Program Revision FERC at [email protected] consider these comments in Approval, State of Tennessee or call toll-free, (886)208–3676 or TYY, determining the appropriate action to be AGENCY: (202) 502–8659. taken, but the filing of a comment alone Environmental Protection Any questions regarding this Agency (EPA). will not serve to make the filer a party Application should be directed counsel ACTION: Notice. for Columbia, Lauri Newton, Director of to the proceeding. The Commission’s Regulatory and Commercial Law, rules require that persons filing SUMMARY: This notice announces EPA’s TransCanada Corporation, 700 comments in opposition to the project approval of the State of Tennessee’s Louisiana St, Houston, TX 77002; provide copies of their protests only to request to revise its EPA Administered Telephone: (832) 320–5177. the party or parties directly involved in Permit Programs: The National Pollutant Pursuant to section 157.9 of the the protest. Discharge Elimination System EPA- Commission’s rules, 18 CFR 157.9, Persons who wish to comment only authorized program to allow electronic within 90 days of this Notice the on the environmental review of this reporting. Commission staff will either: Complete project should submit an original and DATES: EPA approves the State of its environmental assessment (EA) and two copies of their comments to the Tennessee’s authorized program place it into the Commission’s public Secretary of the Commission. revision as of November 27, 2017. record (eLibrary) for this proceeding; or Environmental commenter’s will be FOR FURTHER INFORMATION CONTACT: issue a Notice of Schedule for placed on the Commission’s Karen Seeh, U.S. Environmental Environmental Review. If a Notice of environmental mailing list, will receive Protection Agency, Office of Schedule for Environmental Review is Environmental Information, Mail Stop issued, it will indicate, among other copies of the environmental documents, and will be notified of meetings 2823T, 1200 Pennsylvania Avenue NW., milestones, the anticipated date for the Washington, DC 20460, (202) 566–1175, Commission staff’s issuance of the final associated with the Commission’s [email protected]. environmental impact statement (FEIS) environmental review process. or EA for this proposal. The filing of the Environmental commenter’s will not be SUPPLEMENTARY INFORMATION: On EA in the Commission’s public record required to serve copies of filed October 13, 2005, the final Cross-Media for this proceeding or the issuance of a documents on all other parties. Electronic Reporting Rule (CROMERR) Notice of Schedule for Environmental However, the non-party commentary, was published in the Federal Register Review will serve to notify federal and will not receive copies of all documents (70 FR 59848) and codified as part 3 of state agencies of the timing for the filed by other parties or issued by the title 40 of the CFR. CROMERR establishes electronic reporting as an completion of all necessary reviews, and Commission (except for the mailing of acceptable regulatory alternative to the subsequent need to complete all environmental documents issued by the paper reporting and establishes federal authorizations within 90 days of Commission) and will not have the right the date of issuance of the Commission requirements to assure that electronic to seek court review of the documents are as legally dependable as staff’s FEIS or EA. Commission’s final order. There are two ways to become their paper counterparts. Subpart D of involved in the Commission’s review of The Commission strongly encourages CROMERR requires that state, tribal or this project. First, any person wishing to electronic filings of comments, protests local government agencies that receive, obtain legal status by becoming a party and interventions in lieu of paper using or wish to begin receiving, electronic to the proceedings for this project the eFiling link at http://www.ferc.gov. reports under their EPA-authorized should, on or before the comment date Persons unable to file electronically programs must apply to EPA for a stated below, file with the Federal should submit an original and 5 copies revision or modification of those Energy Regulatory Commission, 888 of the protest or intervention to the programs and obtain EPA approval. First Street NE., Washington, DC 20426, Federal Energy Regulatory Commission, Subpart D provides standards for such a motion to intervene in accordance 888 First Street NE., Washington, DC approvals based on consideration of the with the requirements of the 20426. See, 18 CFR 385.2001(a) (1) (iii) electronic document receiving systems Commission’s Rules of Practice and and the instructions on the that the state, tribe, or local government Procedure (18 CFR 385.214 or 385.211) Commission’s Web site under the e- will use to implement the electronic and the Regulations under the NGA (18 Filing link. reporting. Additionally, § 3.1000(b) CFR 157.10). A person obtaining party through (e) of 40 CFR part 3, subpart D status will be placed on the service list Comment Date: 5:00 p.m. Eastern provides special procedures for program maintained by the Secretary of the Time on December 8, 2017. revisions and modifications to allow Commission and will receive copies of Dated: November 17, 2017. electronic reporting, to be used at the all documents filed by the applicant and Kimberly D. Bose, option of the state, tribe or local government in place of procedures by all other parties. A party must submit Secretary. 7 copies of filings made with the available under existing program- Commission and must mail a copy to [FR Doc. 2017–25486 Filed 11–24–17; 8:45 am] specific authorization regulations. An the applicant and to every other party in BILLING CODE 6717–01–P application submitted under the subpart the proceeding. Only parties to the D procedures must show that the state, proceeding can ask for court review of tribe or local government has sufficient Commission orders in the proceeding. legal authority to implement the However, a person does not have to electronic reporting components of the intervene in order to have comments programs covered by the application

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and will use electronic document • Federal eRulemaking Portal: http:// the part or all of the information that receiving systems that meet the www.regulations.gov. Follow the online you claim to be CBI. For CBI applicable subpart D requirements. instructions for submitting comments. information in a disk or CD–ROM that On October 17, 2017, the Tennessee Do not submit electronically any you mail to EPA, mark the outside of the Department of Environment and information you consider to be disk or CD–ROM as CBI and then Conservation (TDEC) submitted an Confidential Business Information (CBI) identify electronically within the disk or application titled ‘‘Construction or other information whose disclosure is CD–ROM the specific information that Stormwater System’’ for revision to its restricted by statute. is claimed as CBI. In addition to one EPA-approved program under title 40 • Mail: OPP Docket, Environmental complete version of the comment that CFR to allow new electronic reporting. Protection Agency Docket Center (EPA/ includes information claimed as CBI, a EPA reviewed TDEC’s request to revise DC), (28221T), 1200 Pennsylvania Ave. copy of the comment that does not its EPA-authorized Part 123—EPA NW., Washington, DC 20460–0001. contain the information claimed as CBI Administered Permit Programs: The • Hand Delivery: To make special must be submitted for inclusion in the National Pollutant Discharge arrangements for hand delivery or public docket. Information so marked Elimination System program and, based delivery of boxed information, please will not be disclosed except in on this review, EPA determined that the follow the instructions at http:// accordance with procedures set forth in application met the standards for www.epa.gov/dockets/contacts.html. 40 CFR part 2. approval of authorized program Additional instructions on commenting 2. Tips for preparing your comments. revision/modification set out in 40 CFR or visiting the docket, along with more When preparing and submitting your part 3, subpart D. In accordance with 40 information about dockets generally, is comments, see the commenting tips at CFR 3.1000(d), this notice of EPA’s available at http://www.epa.gov/ http://www.epa.gov/dockets/ decision to approve Tennessee’s request dockets. comments.html. to revise its Part 123—EPA FOR FURTHER INFORMATION CONTACT: II. Registration Applications Administered Permit Programs: The Robert McNally, Biopesticides and National Pollutant Discharge EPA has received applications to Pollution Prevention Division (7511P), register pesticide products containing Elimination System program to allow main telephone number: (703) 305– electronic reporting under 40 CFR part active ingredients not included in any 7090; email address: BPPDFRNotices@ currently registered pesticide products. 122 and 125 is being published in the epa.gov; or Michael Goodis, Registration Federal Register. Pursuant to the provisions of FIFRA Division (7505P), main telephone section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA TDEC was notified of EPA’s number: (703) 305–7090; email address: determination to approve its application is hereby providing notice of receipt and [email protected]. The mailing opportunity to comment on these with respect to the authorized program address for each contact person is: listed above. applications. Notice of receipt of these Office of Pesticide Programs, applications does not imply a decision Matthew Leopard, Environmental Protection Agency, 1200 by the Agency on these applications. Director, Office of Information Management. Pennsylvania Ave. NW., Washington, III. New Active Ingredients [FR Doc. 2017–25572 Filed 11–24–17; 8:45 am] DC 20460–0001. As part of the mailing address, include the contact person’s BILLING CODE 6560–50–P 1. File symbol: 279–GAGR and 279– name, division, and mail code. The GAGN. Docket ID number: EPA–HQ– division to contact is listed at the end OPP–2017–0417. Applicant: FMC ENVIRONMENTAL PROTECTION of each application summary. Corporation, 1735 Market Street, AGENCY SUPPLEMENTARY INFORMATION: Philadelphia, PA 19103. Product names: Valifenalate Technical and F9177–2 [EPA–HQ–OPP–2017–0007; FRL–9968–48] I. General Information WG. Active ingredient: Fungicide and Pesticide Product Registration; A. Does this action apply to me? Valifenalate at 98.4% (Valifenalate Receipt of Applications for New Active You may be potentially affected by Technical) and 10% (F9177–2 WG). Ingredients this action if you are an agricultural Proposed use: Classification/Use Bulb producer, food manufacturer, or vegetable crop group 3–07, cucurbit AGENCY: Environmental Protection pesticide manufacturer. The following vegetable crop group 9, fruiting Agency (EPA). list of North American Industrial vegetable crop group 8, celery, and ACTION: Notice. Classification System (NAICS) codes is potatoes. Contact: RD. not intended to be exhaustive, but rather 2. File Symbol: 87645–G. Docket ID SUMMARY: EPA has received applications number: EPA–HQ–OPP–2017–0461. to register pesticide products containing provides a guide to help readers determine whether this document Applicant: Envera, LLC, 220 Garfield active ingredients not included in any Ave., West Chester, PA 19380. Product currently registered pesticide products. applies to them. Potentially affected entities may include: name: ENV503 Biofungicide MUP. Pursuant to the Federal Insecticide, • Active ingredient: Fungicide and Fungicide, and Rodenticide Act Crop production (NAICS code 111). • Animal production (NAICS code Bactericide—Bacillus amyloliquefaciens (FIFRA), EPA is hereby providing notice 112). strain ENV503 at 1.30%. Proposed use: of receipt and opportunity to comment • Food manufacturing (NAICS code Manufacturing use. Contact: BPPD. on these applications. 311). 3. File Symbol: 87645–U. Docket ID DATES: Comments must be received on • Pesticide manufacturing (NAICS number: EPA–HQ–OPP–2017–0461. or before December 27, 2017. code 32532). Applicant: Envera, LLC, 220 Garfield ADDRESSES: Submit your comments, Ave., West Chester, PA 19380. Product identified by the Docket Identification B. What should I consider as I prepare name: ENV503 Biofungicide Wettable (ID) Number and the File Symbol of my comments for EPA? Powder. Active ingredient: Fungicide interest as show in the body of this 1. Submitting CBI. Do not submit this and Bactericide—Bacillus document, by one of the following information to EPA through amyloliquefaciens strain ENV503 at methods: regulations.gov or email. Clearly mark 0.15%. Proposed use: Broad-spectrum,

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preventative biofungicide for control or main telephone number: (703) 305– 3. Environmental justice. EPA seeks to suppression of fungal and bacterial 7090; email address: BPPDFRNotices@ achieve environmental justice, the fair plant diseases in agricultural, field, epa.gov., Michael Goodis, Registration treatment and meaningful involvement nursery, and forested areas and as a seed Division (7505P), main telephone of any group, including minority and/or treatment. Contact: BPPD. number: (703) 305–7090; email address: low-income populations, in the Authority: 7 U.S.C. 136 et seq. [email protected]. The mailing development, implementation, and address for each contact person is: enforcement of environmental laws, Dated: October 2, 2017. Office of Pesticide Programs, regulations, and policies. To help Delores Barber, Environmental Protection Agency, 1200 address potential environmental justice Director, Information Technology and Pennsylvania Ave. NW., Washington, issues, the Agency seeks information on Resources Management Division, Office of DC 20460–0001. any groups or segments of the Pesticide Programs. SUPPLEMENTARY INFORMATION: population who, as a result of their [FR Doc. 2017–25566 Filed 11–24–17; 8:45 am] location, cultural practices, or other I. General Information BILLING CODE 6560–50–P factors, may have atypical or A. Does this action apply to me? disproportionately high and adverse ENVIRONMENTAL PROTECTION You may be potentially affected by human health impacts or environmental AGENCY this action if you are an agricultural effects from exposure to the pesticides producer, food manufacturer, or discussed in this document, compared [EPA–HQ–OPP–2017–0006; FRL–9968–55] pesticide manufacturer. The following to the general population. Receipt of Several Pesticide Petitions list of North American Industrial II. What action is the Agency taking? Filed for Residues of Pesticide Classification System (NAICS) codes is Chemicals in or on Various not intended to be exhaustive, but rather EPA is announcing its receipt of Commodities provides a guide to help readers several pesticide petitions filed under determine whether this document section 408 of the Federal Food, Drug, AGENCY: Environmental Protection applies to them. Potentially affected and Cosmetic Act (FFDCA), 21 U.S.C. Agency (EPA). entities may include: 346a, requesting the establishment or ACTION: Notice of filing of petitions and • Crop production (NAICS code 111). modification of regulations in 40 CFR request for comment. • Animal production (NAICS code part 180 for residues of pesticide 112). chemicals in or on various food SUMMARY: This document announces the • Food manufacturing (NAICS code commodities. The Agency is taking Agency’s receipt of several initial filings 311). public comment on the requests before of pesticide petitions requesting the • Pesticide manufacturing (NAICS responding to the petitioners. EPA is not establishment or modification of code 32532). proposing any particular action at this regulations for residues of pesticide If you have any questions regarding time. EPA has determined that the chemicals in or on various commodities. the applicability of this action to a pesticide petitions described in this DATES: Comments must be received on particular entity, consult the person document contain the data or or before December 27, 2017. listed under FOR FURTHER INFORMATION information prescribed in FFDCA ADDRESSES: Submit your comments, CONTACT for the division listed at the section 408(d)(2), 21 U.S.C. 346a(d)(2); identified by docket identification (ID) end of the pesticide petition summary of however, EPA has not fully evaluated number and the pesticide petition interest. the sufficiency of the submitted data at number (PP) of interest as shown in the B. What should I consider as I prepare this time or whether the data support body of this document, by one of the my comments for EPA? granting of the pesticide petitions. After following methods: considering the public comments, EPA • Federal eRulemaking Portal: http:// 1. Submitting CBI. Do not submit this intends to evaluate whether and what www.regulations.gov. Follow the online information to EPA through action may be warranted. Additional instructions for submitting comments. regulations.gov or email. Clearly mark data may be needed before EPA can Do not submit electronically any the part or all of the information that make a final determination on these information you consider to be you claim to be CBI. For CBI pesticide petitions. Confidential Business Information (CBI) information in a disk or CD–ROM that or other information whose disclosure is you mail to EPA, mark the outside of the Pursuant to 40 CFR 180.7(f), a restricted by statute. disk or CD–ROM as CBI and then summary of each of the petitions that • Mail: OPP Docket, Environmental identify electronically within the disk or are the subject of this document, Protection Agency Docket Center (EPA/ CD–ROM the specific information that prepared by the petitioner, is included DC), (28221T), 1200 Pennsylvania Ave. is claimed as CBI. In addition to one in a docket EPA has created for each NW., Washington, DC 20460–0001. complete version of the comment that rulemaking. The docket for each of the • Hand Delivery: To make special includes information claimed as CBI, a petitions is available at http:// arrangements for hand delivery or copy of the comment that does not www.regulations.gov. delivery of boxed information, please contain the information claimed as CBI As specified in FFDCA section follow the instructions at http:// must be submitted for inclusion in the 408(d)(3), 21 U.S.C. 346a(d)(3), EPA is www.epa.gov/dockets/contacts.html. public docket. Information so marked publishing notice of the petition so that Additional instructions on will not be disclosed except in the public has an opportunity to commenting or visiting the docket, accordance with procedures set forth in comment on this request for the along with more information about 40 CFR part 2. establishment or modification of dockets generally, is available at http:// 2. Tips for preparing your comments. regulations for residues of pesticides in www.epa.gov/dockets. When preparing and submitting your or on food commodities. Further FOR FURTHER INFORMATION CONTACT: comments, see the commenting tips at information on the petition may be Robert McNally, Biopesticides and http://www.epa.gov/dockets/ obtained through the petition summary Pollution Prevention Division (7511P), comments.html. referenced in this unit.

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IV. New Tolerances for Non-Inerts instant at 20 ppm. Liquid approvals based on consideration of the 1. PP 7F8557. (EPA–HQ–OPP–2017– chromatography with tandem mass electronic document receiving systems 0429). E. I. Du Pont De Nemours and spectrometry detection is used to that the state, tribe, or local government Company, Chestnut Run Plaza, 974 measure and evaluate the residues of will use to implement the electronic Centre Road, Wilmington, DE 19805, methoxyfenozide. Contact: RD. reporting. Additionally, § 3.1000(b) requests to establish a tolerance in 40 Authority: 21 U.S.C. 346a. through (e) of 40 CFR part 3, subpart D provides special procedures for program CFR part 180 for residues of the Dated: October 2, 2017. fungicide picoxystrobin in or on alfalfa, revisions and modifications to allow Delores Barber, electronic reporting, to be used at the forage at 4 parts per million (ppm); Director, Information Technology and alfalfa, hay at 5 ppm; alfalfa, seed at 9 option of the state, tribe or local Resources Management Division, Office of government in place of procedures ppm; almond hulls at 15 ppm; cotton, Pesticide Programs. gin by-products at 40 ppm; cottonseed available under existing program- [FR Doc. 2017–25564 Filed 11–24–17; 8:45 am] specific authorization regulations. An (Crop Subgroup 20C) at 4 ppm; grass, BILLING CODE 6560–50–P application submitted under the subpart forage (Grown for Seed) at 40 ppm; D procedures must show that the state, grass, hay (Grown for Seed) at 80 ppm; tribe or local government has sufficient head lettuce at 7 ppm; onion, bulb (Crop ENVIRONMENTAL PROTECTION legal authority to implement the Subgroup 3–07A) at 0.8 ppm; onion, AGENCY electronic reporting components of the green (Crop Subgroup 3–07B) at 15; pea [9970–09–OEI] programs covered by the application and bean, succulent shelled (Crop and will use electronic document Subgroup 6B) at 3 ppm; peanut at 0.1 Cross-Media Electronic Reporting: receiving systems that meet the ppm; peanut, hay at 40 ppm; sunflower Authorized Program Revision applicable subpart D requirements. (Crop Subgroup 20B) at 3 ppm; tree nut Approval, Commonwealth of Kentucky On October 9, 2017, the Kentucky except hulls (Crop Group 14–12) at 0.15 Department for Environmental AGENCY: Environmental Protection ppm; vegetable, brassica head and stem Protection (KY DEP) submitted an Agency (EPA). (Crop Group 5–16) at 5 ppm; vegetable, application titled ‘‘Compliance cucurbit (Crop Group 9) at 0.7 ppm; ACTION: Notice. Monitoring Data Portal’’ for revision to vegetable, fruiting (Crop Group 8–10) at SUMMARY: its EPA-approved drinking water 1.5 ppm; vegetable, leaf petiole (Crop This notice announces EPA’s approval of the Commonwealth of program under title 40 CFR to allow Subgroup 22B) at 40 ppm; vegetable, new electronic reporting. EPA reviewed leafy except head lettuce (Crop Group Kentucky’s request to revise its National Primary Drinking Water Regulations KY DEP’s request to revise its EPA- 4–16) at 60 ppm; vegetable, leaves of Implementation EPA-authorized authorized program and, based on this root and tuber (Crop Group 2) at 40 program to allow electronic reporting. review, EPA determined that the ppm; vegetable, legume, edible podded application met the standards for (Crop Subgroup 6A) at 4 ppm; vegetable, DATES: EPA approves the authorized program revision for the Commonwealth approval of authorized program revision root (Crop Subgroup 1A) at 0.6 ppm; set out in 40 CFR part 3, subpart D. In and vegetable, tuberous and corm (Crop of Kentucky’s National Primary Drinking Water Regulations accordance with 40 CFR 3.1000(d), this Subgroup 1C) at 0.06 ppm. The LC/MS/ notice of EPA’s decision to approve MS is used to measure and evaluate the Implementation program as of December 27, 2017 if no timely request for a public Kentucky’s request to revise its Part 142 chemical picoxystrobin. Contact: RD. —National Primary Drinking Water 2. PP 7F8582. (EPA–HQ–OPP–2017– hearing is received and accepted by the Agency. Regulations Implementation program to 0417). FMC Corporation, 1735 Market allow electronic reporting under 40 CFR FOR FURTHER INFORMATION CONTACT: Street, Philadelphia, PA 19103 requests part 141 is being published in the to establish a tolerance in 40 CFR 180 Karen Seeh, U.S. Environmental Federal Register. for residues of the fungicide, Protection Agency, Office of KY DEP was notified of EPA’s valifenalate, in or on the raw Environmental Information, Mail Stop determination to approve its application agricultural commodities: Bulb 2823T, 1200 Pennsylvania Avenue NW., with respect to the authorized program vegetable crop group 3–07 at 0.40 ppm; Washington, DC 20460, (202) 566–1175, listed above. celery at 6.0 ppm; cucurbit crop group [email protected]. Also, in today’s notice, EPA is 9 at 0.3 ppm; fruiting vegetable crop SUPPLEMENTARY INFORMATION: On informing interested persons that they group 8 at 0.60 ppm; grape at 3.0 ppm; October 13, 2005, the final Cross-Media may request a public hearing on EPA’s potato at 0.04 ppm; potato-chips at 0.05 Electronic Reporting Rule (CROMERR) action to approve the Commonwealth of ppm; potato-dried pulp at 0.06 ppm; was published in the Federal Register Kentucky’s request to revise its potato-granules/flakes at 0.15 ppm; and (70 FR 59848) and codified as part 3 of authorized public water system program tomato-wet peel at 1.8 ppm. The LC/ title 40 of the CFR. CROMERR under 40 CFR part 142, in accordance MS/MS method is used to measure and establishes electronic reporting as an with 40 CFR 3.1000(f). Requests for a evaluate the chemical valifenalate (beta- acceptable regulatory alternative to hearing must be submitted to EPA Alanine, N-[(1-methylethoxy)carbonyl]- paper reporting and establishes within 30 days of publication of today’s L-valyl-3-(4-chlorophenyl)-, methyl requirements to assure that electronic Federal Register notice. Such requests ester). Contact: RD. documents are as legally dependable as should include the following 3. PP7E8601. (EPA–HQ–OPP–2017– their paper counterparts. Subpart D of information: 0494). Dow AgroSciences LLC, 9330 CROMERR requires that state, tribal or (1) The name, address and telephone Zionsville Road, Indianapolis, IN 46268, local government agencies that receive, number of the individual, organization requests to establish import tolerances or wish to begin receiving, electronic or other entity requesting a hearing; in 40 CFR part 180 for residues of the reports under their EPA-authorized (2) A brief statement of the requesting insecticide methoxyfenozide [3- programs must apply to EPA for a person’s interest in EPA’s methoxy-2-methylbenzoic acid 2-(3,5- revision or modification of those determination, a brief explanation as to dimethylbenzoyl)-2-(1,1-dimethylethyl) programs and obtain EPA approval. why EPA should hold a hearing, and hydrazide] in or on tea, dried, and tea, Subpart D provides standards for such any other information that the

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requesting person wants EPA to information on the respondents, Number of Respondents and consider when determining whether to including the use of automated Responses: 21,000 respondents; 21,000 grant the request; collection techniques or other forms of responses. (3) The signature of the individual information technology; and ways to Estimated Time per Response: 1 to 2 making the request, or, if the request is further reduce the information hours. made on behalf of an organization or collection burden on small business other entity, the signature of a concerns with fewer than 25 employees. Frequency of Response: Third party responsible official of the organization The FCC may not conduct or sponsor disclosure requirement. or other entity. In the event a hearing is a collection of information unless it Total Annual Burden: 41,000 hours. requested and granted, EPA will provide displays a currently valid Office of Total Annual Cost: None. notice of the hearing in the Federal Management and Budget (OMB) control Register not less than 15 days prior to number. No person shall be subject to Obligation To Respond: Required to the scheduled hearing date. Frivolous or any penalty for failing to comply with obtain or retain benefits. The statutory insubstantial requests for hearing may a collection of information subject to the authority for this collection of be denied by EPA. Following such a PRA that does not display a valid OMB information is contained in Section public hearing, EPA will review the control number. 154(i) of the Communications Act of record of the hearing and issue an order 1934, as amended. DATES: Written comments should be either affirming today’s determination submitted on or before January 26, 2018. Nature and Extent of Confidentiality: or rescinding such determination. If no If you anticipate that you will be There is no need for confidentiality with timely request for a hearing is received submitting comments, but find it this collection of information. and granted, EPA’s approval of the difficult to do so within the period of Commonwealth of Kentucky’s request to Privacy Impact Assessment(s): No time allowed by this notice, you should revise its part 142—National Primary impact(s). advise the contacts below as soon as Drinking Water Regulations possible. Needs and Uses: The information Implementation program to allow collection requirements approved under electronic reporting will become ADDRESSES: Direct all PRA comments to this collection are contained under the effective 30 days after today’s notice is Cathy Williams, FCC, via email PRA@ following rule sections: published, pursuant to CROMERR fcc.gov and to [email protected]. section 3.1000(f)(4). 47 CFR 73.88 states that the licensee FOR FURTHER INFORMATION CONTACT: For of each broadcast station is required to Matthew Leopard, additional information about the satisfy all reasonable complaints of Director, Office of Information Management. information collection, contact Cathy blanketing interference within the [FR Doc. 2017–25571 Filed 11–24–17; 8:45 am] Williams at (202) 418–2918. 1 V/m contour. BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: As part of 47 CFR 73.318(b) states that after its continuing effort to reduce January 1, 1985, permittees or licensees paperwork burdens, and as required by who either (1) commence program tests, the PRA of 1995 (44 U.S.C. 3501–3520), FEDERAL COMMUNICATIONS (2) replace the antennas, or (3) request COMMISSION the FCC invites the general public and facilities modifications and are issued a other Federal agencies to take this [OMB 3060–0716] opportunity to comment on the new construction permit must satisfy all complaints of blanketing interference Information Collection Being Reviewed following information collections. Comments are requested concerning: which are received by the station during by the Federal Communications a one year period. Commission whether the proposed collection of information is necessary for the proper 47 CFR 73.318(c) states that a AGENCY: Federal Communications performance of the functions of the permittee collocating with one or more Commission. Commission, including whether the existing stations and beginning program ACTION: Notice and request for information shall have practical utility; tests on or after January 1, 1985, must comments. the accuracy of the Commission’s assume full financial responsibility for burden estimate; ways to enhance the remedying new complaints of SUMMARY: As part of its continuing effort quality, utility, and clarity of the to reduce paperwork burdens, and as blanketing interference for a period of information collected; ways to minimize one year. required by the Paperwork Reduction the burden of the collection of Act (PRA), the Federal Communications information on the respondents, Under 47 CFR 73.88, and 73.685(d), Commission (FCC or Commission) including the use of automated the license is financially responsible for invites the general public and other collection techniques or other forms of resolving complaints of interference Federal agencies to take this information technology; and ways to within one year of program test opportunity to comment on the further reduce the information authority when certain conditions are following information collections. collection burden on small business met. After the first year, a license is only Comments are requested concerning: concerns with fewer than 25 employees. required to provide technical assistance Whether the proposed collection of OMB Control Number: 3060–0716. to determine the cause of interference. information is necessary for the proper performance of the functions of the Title: Sections 73.88, 73.318 and Federal Communications Commission. Commission, including whether the 73.685, Blanketing Interference. Marlene H. Dortch, information shall have practical utility; Form Number: N/A. Secretary. Office of the Secretary. the accuracy of the Commission’s Type of Review: Extension of a [FR Doc. 2017–25460 Filed 11–24–17; 8:45 am] currently approved collection. burden estimate; ways to enhance the BILLING CODE 6712–01–P quality, utility, and clarity of the Respondents: Business or other for- information collected; ways to minimize profit entities; and Not-for-profit the burden of the collection of institutions.

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FEDERAL COMMUNICATIONS Ongele at (202) 418–2991. To view a Data Improvement Act of 2008, Public COMMISSION copy of this information collection Law 110–385, Stat 4096, 103(c)(1). request (ICR) submitted to OMB: (1) Go Total Annual Burden: 46,667 hours. [OMB 3060–1139] to the Web page http://www.reginfo.gov/ Total Annual Costs: No Cost. Information Collection Being public/do/PRAMain, (2) look for the Nature and Extent of Confidentiality: Submitted for Review and Approval to section of the Web page called All participation in the Measuring the Office of Management and Budget ‘‘Currently Under Review,’’ (3) click on Broadband America Program is the downward-pointing arrow in the voluntary and any participant can AGENCY: Federal Communications ‘‘Select Agency’’ box below the decline to participate at any time. No Commission. ‘‘Currently Under Review’’ heading, (4) volunteers’ personally identifying ACTION: Notice and request for select ‘‘Federal Communications information (PII) such as name, phone comments. Commission’’ from the list of agencies number, or street addresses will be presented in the ‘‘Select Agency’’ box, transmitted to the Commission from the SUMMARY: As part of its continuing effort (5) click the ‘‘Submit’’ button to the contractor as a matter of vendor policy to reduce paperwork burdens, and as right of the ‘‘Select Agency’’ box, (6) and agency privacy policy. SamKnows required by the Paperwork Reduction when the list of FCC ICRs currently maintains a series of administrative, Act (PRA) of 1995, the Federal under review appears, look for the OMB technical, and physical safeguards to Communications Commission (FCC or control number of this ICR and then protect against the transmission of PII. the Commission) invites the general click on the ICR Reference Number. A At point of registration, individuals will public and other Federal agencies to copy of the FCC submission to OMB be given full disclosure in a ‘‘privacy take this opportunity to comment on the will be displayed. statement’’ highlighting what following information collection. SUPPLEMENTARY INFORMATION: As part of information will be collected. Fixed Comments are requested concerning: its continuing effort to reduce Broadband ISP Partners receive PII Whether the proposed collection of paperwork burdens, and as required by about volunteers to confirm the validity information is necessary for the proper the Paperwork Reduction Act (PRA) of of the information against their performance of the functions of the 1995 (44 U.S.C. 3501–3520), the Federal subscription records, but will be bound Commission, including whether the Communications Commission (FCC or by a non-disclosure agreement that will information shall have practical utility; the Commission) invites the general maintain various administrative, the accuracy of the Commission’s public and other Federal agencies to technical and physical safeguards to burden estimate; ways to enhance the take this opportunity to comment on the protect the information and limit its use. quality, utility, and clarity of the following information collection. Mobile Broadband ISP Partners have information collected; ways to minimize Comments are requested concerning: access to five kinds of information, the burden of the collection of Whether the proposed collection of including location and time of data information on the respondents, information is necessary for the proper collection, device type and operating including the use of automated performance of the functions of the system version, cellular performance collection techniques or other forms of Commission, including whether the and characteristics, and download, information technology; and ways to information shall have practical utility; upload speed and other broadband further reduce the information the accuracy of the Commission’s performance, also restricted by a non- collection burden on small business burden estimate; ways to enhance the disclosure agreement that will maintain concerns with fewer than 25 employees. quality, utility, and clarity of the various administrative, technical and The Commission may not conduct or information collected; ways to minimize physical safeguards to protect the sponsor a collection of information the burden of the collection of information and limit its use. ISP unless it displays a currently valid information on the respondents, Partners providing support to the testing Office of Management and Budget including the use of automated program will likewise be bound to the (OMB) control number. No person shall collection techniques or other forms of same series of administrative, technical be subject to any penalty for failing to information technology; and ways to and physical safeguards developed by comply with a collection of information further reduce the information SamKnows. In addition all third parties subject to the PRA that does not display collection burden on small business supporting the program directly will be a valid OMB control number. concerns with fewer than 25 employees. bound by a ‘‘Code of Conduct’’ to ensure DATES: Written comments should be OMB Control Number: 3060–1139. all participate and act in good faith and submitted on or before December 27, Title: FCC Consumer Broadband with other legally enforceable 2017. If you anticipate that you will be Services Testing and Measurement. documents such as non-disclosure submitting comments, but find it Form Number: N/A. agreements. difficult to do so within the period of Type of Review: Extension of a Privacy Act Impact Assessment: This time allowed by this notice, you should currently approved collection. information collection effects advise the contacts listed below as soon Respondents: Businesses or other for- individuals or households. However, as possible. profit and individuals or households. personally identifiable information (PII) ADDRESSES: Direct all PRA comments to Number of Respondents and such as name, phone number, or street Nicholas A. Fraser, OMB, via email Responses: 501,020 respondents and addresses is not being collected by, [email protected]; and 501,020 responses. made available to or made accessible by to Nicole Ongele, FCC, via email PRA@ Estimated Time per Response: 1 the Commission but instead by third fcc.gov and to [email protected]. hour–200 hours. parties including SamKnows, a third Include in the comments the OMB Frequency of Response: Biennial party contractor, and Internet Service control number as shown in the reporting requirement and third party Provider (ISP) Partners. SUPPLEMENTARY INFORMATION below. disclosure requirement. Needs and Uses: The Commission FOR FURTHER INFORMATION CONTACT: For Obligation to Respond: Voluntary. will submit this expiring collection after additional information or copies of the Statutory authority for this information this 60-day comment period to the information collection, contact Nicole collection is contained in the Broadband Office of Management and Budget

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(OMB) to obtain the full three-year broadband services they provide is FEDERAL DEPOSIT INSURANCE clearance. unavailable from other sources. CORPORATION This study’s collection of information Federal Communications Commission. on actual speeds and performance of Notice to All Interested Parties of Marlene H. Dortch, fixed and mobile broadband Intent To Terminate the Receivership connections delivered to consumers by Secretary, Office of the Secretary. of 10176, Columbia River Bank, The ISPs has been reported to be of great [FR Doc. 2017–25459 Filed 11–24–17; 8:45 am] Dalles, Oregon value to academic researchers, BILLING CODE 6712–01–P Notice is hereby given that the manufacturers and technology Federal Deposit Insurance Corporation providers, broadband providers, public (FDIC or Receiver) as Receiver for interest groups and other diverse Columbia River Bank, The Dalles, FEDERAL DEPOSIT INSURANCE stakeholders. Validation of fixed Oregon, intends to terminate its CORPORATION broadband subscribed speeds as receivership for said institution. The opposed to actual speeds by Notice to All Interested Parties of FDIC was appointed Receiver of participating ISPs remains unique to Columbia River Bank on January 22, Intent To Terminate the Receivership this program and provides a context for 2010. The liquidation of the 10399, The RiverBank, Wyoming, measured speeds. Mobile broadband receivership assets has been completed. Minnesota performance information is measured To the extent permitted by available using the FCC Speed Test app for funds and in accordance with law, the Notice is hereby given that the Android and iPhone devices to test the Receiver will be making a final dividend Federal Deposit Insurance Corporation upload and download speed, latency payment to proven creditors. and packet loss, as well as the wireless (FDIC or Receiver) as Receiver for The Based upon the foregoing, the performance characteristics of the RiverBank, Wyoming, Minnesota, Receiver has determined that the broadband connection and the kind of intends to terminate its receivership for continued existence of the receivership handsets and versions of operating said institution. The FDIC was will serve no useful purpose. systems tested. Information the FCC appointed Receiver of The RiverBank on Consequently, notice is given that the Speed Test App (‘‘Application’’) collects October 7, 2011. The liquidation of the receivership shall be terminated, to be is limited to information used to receivership assets has been completed. effective no sooner than thirty days after measure volunteers’ mobile broadband To the extent permitted by available the date of this notice. If any person service and no personally identifiable funds and in accordance with law, the wishes to comment concerning the information, such as subscribers’ name, Receiver will be making a final dividend termination of the receivership, such phone number or unique identifiers payment to proven creditors. comment must be made in writing and associated with a device is collected. sent within thirty days of the date of Software-based tools and online tools Based upon the foregoing, the Receiver has determined that the this notice to: Federal Deposit Insurance exist that can test consumer’s broadband Corporation, Division of Resolutions connections, including a set of continued existence of the receivership will serve no useful purpose. and Receiverships, Attention: consumer tools launched by the FCC in Receivership Oversight Department Consequently, notice is given that the conjunction with the National 34.6, 1601 Bryan Street, Dallas, TX receivership shall be terminated, to be Broadband Plan. However, these tools 75201. effective no sooner than thirty days after track speeds experienced by consumers, No comments concerning the rather than speeds delivered directly to the date of this notice. If any person termination of this receivership will be a consumer by an ISP. The distinction wishes to comment concerning the considered which are not sent within is important for supporting Agency termination of the receivership, such this time frame. broadband policy analysis, as ISPs comment must be made in writing and advertise speeds and performance sent within thirty days of the date of Dated: November 21, 2017. delivered rather than speeds this notice to: Federal Deposit Insurance Federal Deposit Insurance Corporation. experienced, which suffers from Corporation, Division of Resolutions Robert E. Feldman, degradation outside of an ISP’s control. and Receiverships, Attention: Executive Secretary. No other dedicated panel of direct Receivership Oversight Department [FR Doc. 2017–25502 Filed 11–24–17; 8:45 am] fixed and mobile broadband 34.6, 1601 Bryan Street, Dallas, TX BILLING CODE 6714–01–P performance measurement using 75201. publicly documented methodologies No comments concerning the using free and add-free technologies FEDERAL RESERVE SYSTEM exists today in the country. The program termination of this receivership will be considered which are not sent within will continue to support existing Agency information collection software-based tools and online tools this time frame. activities: Announcement of Board but the focus of the program will remain Dated: November 21, 2017. approval under delegated authority the direct measurement of broadband Federal Deposit Insurance Corporation. and submission to OMB performance delivered to the consumer. Robert E. Feldman, The collection effort also has specific AGENCY: Board of Governors of the elements focused on further network Executive Secretary. Federal Reserve System. performance statistics, time of day [FR Doc. 2017–25503 Filed 11–24–17; 8:45 am] SUMMARY: The Board of Governors of the parameters, and other elements affecting BILLING CODE 6714–01–P Federal Reserve System (Board) is consumers’ broadband experience that adopting a proposal to extend for three are not tracked elsewhere. The years, without revision, the Application information to be confirmed by ISP for Exemption from Prohibited Service Partners about their subscribers or at Savings and Loan Holding Companies technical and market data regarding the (FR LL–12, OMB No. 7100–0338).

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FOR FURTHER INFORMATION CONTACT: company (SLHC) or any of its Board of Governors of the Federal Reserve Federal Reserve Board Clearance subsidiaries without the written consent System, November 21, 2017. Officer—Nuha Elmaghrabi—Office of of the Board. In order for such a person Ann E. Misback, the Chief Data Officer, Board of to participate in the conduct of the Secretary of the Board. Governors of the Federal Reserve affairs of any SLHC, the SLHC or the [FR Doc. 2017–25498 Filed 11–24–17; 8:45 am] System, Washington, DC 20551 (202) individual must file an application BILLING CODE 6210–01–P 452–3829. Telecommunications Device seeking to obtain an exemption from the for the Deaf (TDD) users may contact Board. The Board will use any (202) 263–4869, Board of Governors of information provided by the applicant FEDERAL RESERVE SYSTEM the Federal Reserve System, when considering an exemption request Proposed Agency Information Washington, DC 20551. concerning a prohibited person. Such OMB Desk Officer—Shagufta Collection Activities; Comment considerations will include, but are not Ahmed—Office of Information and Request Regulatory Affairs, Office of limited to, whether the prohibited AGENCY: Board of Governors of the Management and Budget, New person would participate in the major Federal Reserve System. Executive Office Building, Room 10235, policymaking functions of the SLHC or 725 17th Street NW., Washington, DC would threaten the safety and ACTION: Notice, request for comment. soundness of any subsidiary insured 20503 or by fax to (202) 395–6974. SUMMARY: The Board of Governors of the depository institution of the SLHC or SUPPLEMENTARY INFORMATION: On June Federal Reserve System (Board) invites the public confidence in the insured 15, 1984, the Office of Management and comment on a proposal to extend for Budget (OMB) delegated to the Board depository institution. three years, without revision, the authority under the Paperwork Legal authorization and Recordkeeping and Disclosure Reduction Act (PRA) to approve of and confidentiality: The Board has Requirements Associated with assign OMB control numbers to determined that this information Securities Transactions Pursuant to collection of information requests and collection is authorized by section Regulation H (Reg H–3; OMB No. 7100– requirements conducted or sponsored 19(e)(2) of the FDI Act, which states that 0196). by the Board. Board-approved the ‘‘Board . . . may provide DATES: Comments must be submitted on collections of information are exemptions [from the prohibition] by or before January 26, 2018. incorporated into the official OMB regulation or order . . . if the exemption ADDRESSES: You may submit comments, inventory of currently approved is consistent with the purposes of this identified by Reg H–3, by any of the collections of information. Copies of the subsection’’ (12 U.S.C. 1829(e)(2)). The following methods: Paperwork Reduction Act Submission, Board exercises general supervision • Agency Web site: http:// supporting statements and approved over SLHCs, which includes www.federalreserve.gov. Follow the collection of information instrument(s) examination authority and the instructions for submitting comments at are placed into OMB’s public docket http://www.federalreserve.gov/apps/ files. The Federal Reserve may not imposition of reporting and recordkeeping requirements (12 U.S.C. foia/proposedregs.aspx. conduct or sponsor, and the respondent • Federal eRulemaking Portal: http:// is not required to respond to, an 1467a(b)(2)). This information collection is required in order for prohibited www.regulations.gov. Follow the information collection that has been instructions for submitting comments. extended, revised, or implemented on or persons to obtain the benefit of • becoming, or continuing service as, an Email: regs.comments@ after October 1, 1995, unless it displays federalreserve.gov. Include OMB institution-affiliated party of an SLHC, a currently valid OMB control number. number in the subject line of the and for an SLHC to permit that Final Approval Under OMB Delegated message. prohibited person to engage in any • Fax: (202) 452–3819 or (202) 452– Authority of the Extension for Three conduct or continue any relationship Years, Without Revision, of the 3102. prohibited by section 19(e) of the FDI • Following Report Mail: Ann E. Misback, Secretary, Act. Board of Governors of the Federal Report title: Application for Some or all of the information Reserve System, 20th Street and Exemption from Prohibited Service at submitted may be withheld pursuant to Constitution Avenue NW., Washington, Savings and Loan Holding Companies. DC 20551. Agency form number: FR LL–12. sections (b)(4), (b)(6), and (b)(8) of the OMB control number: 7100–0338. Freedom of Information Act (5 U.S.C. All public comments are available Frequency: On occasion. 552(b)(4), (b)(6), (b)(8)). The from the Board’s Web site at http:// Respondents: Individuals and savings applicability of these exemptions would www.federalreserve.gov/apps/foia/ and loan holding companies. need to be determined on a case-by-case proposedregs.aspx as submitted, unless Estimated number of respondents: 15. basis. modified for technical reasons. Estimated average hours per response: Accordingly, your comments will not be Current actions: On July 24, 2017, the 16. edited to remove any identifying or Estimated annual burden hours: 240. Board published a notice in the Federal contact information. Public comments General description of report: The Register (82 FR 34311) requesting may also be viewed electronically or in Federal Deposit Insurance (FDI) Act and public comment for 60 days on the paper form in Room 3515, 1801 K Street Regulation LL (12 CFR part 238) extension, without revision, of the (between 18th and 19th Streets NW.), prohibit individuals who have been Application for Exemption from Washington, DC 20006 between 9:00 convicted of certain criminal offenses or Prohibited Service at Savings and Loan a.m. and 5:00 p.m. on weekdays. who have agreed to enter into a pretrial Holding Companies. The comment Additionally, commenters may send a diversion or similar program in period for this notice expired on copy of their comments to the OMB connection with a prosecution for such September 22, 2017. The Board did not Desk Officer—Shagufta Ahmed—Office criminal offenses from participating in receive any comments. The extension of Information and Regulatory Affairs, the affairs of a savings and loan holding will be implemented as proposed. Office of Management and Budget, New

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Executive Office Building, Room 10235, e. Estimates of capital or startup costs Legal authorization and 725 17th Street NW., Washington, DC and costs of operation, maintenance, confidentiality: The Board has 20503 or by fax to (202) 395–6974. and purchase of services to provide determined that the Regulation H FOR FURTHER INFORMATION CONTACT: A information. requirements are authorized by Section copy of the PRA OMB submission, At the end of the comment period, the 23 of the Securities Exchange Act, 15 including the proposed reporting form comments and recommendations U.S.C. 78w, which empowers the Board and instructions, supporting statement, received will be analyzed to determine to make rules and regulations and other documentation will be placed the extent to which the Federal Reserve implementing those portions of the into OMB’s public docket files, once should modify the proposal prior to Securities Exchange Act for which it is approved. These documents will also be giving final approval. responsible. The requirements of 12 made available on the Federal Reserve Proposal To Approve Under OMB CFR 208.34(c), (d), and (g) also are Board’s public Web site at: http:// Delegated Authority the Extension for impliedly authorized by Section 9 of the www.federalreserve.gov/apps/ Three Years, Without Revision, of the Federal Reserve Act (12 U.S.C. 321– reportforms/review.aspx or may be Following Report 328a), which establishes the Board’s requested from the agency clearance officer, whose name appears below. Report title: Recordkeeping and supervisory authority with respect to Federal Reserve Board Clearance Disclosure Requirements Associated the safety and soundness of state Officer—Nuha Elmaghrabi—Office of with Securities Transactions Pursuant to member banks. Accordingly, the Board the Chief Data Officer, Board of Regulation H. is authorized to impose these Governors of the Federal Reserve Agency form number: Reg H–3. recordkeeping, disclosure, and policy System, Washington, DC 20551, (202) OMB control number: 7100–0196. establishment requirements. The 452–3829. Telecommunications Device Frequency: Event-generated. obligation of a state member bank to for the Deaf (TDD) users may contact Respondents: State member banks. comply with the Regulation H (202) 263–4869, Board of Governors of Estimated number of respondents: requirements is mandatory, save for the the Federal Reserve System, State member banks (de novo): 1; state limited exceptions set forth in 12 CFR Washington, DC 20551. member banks with trust departments: 208.34(a). SUPPLEMENTARY INFORMATION: On June 228; state member banks without trust Inasmuch as the Board does not 15, 1984, the Office of Management and departments: 601. collect or receive any information Budget (OMB) delegated to the Board Estimated average hours per response: concerning securities transactions authority under the Paperwork State member banks (de novo): pursuant to these requirements, no Reduction Act (PRA) to approve of and recordkeeping, 40 hours. State member assign OMB control numbers to issues of confidentiality normally will banks with trust departments: arise. If, however, these records were to collection of information requests and recordkeeping, 2 hours; disclosure, 16 requirements conducted or sponsored come into the possession of the Board, hours. State member banks without trust they may be protected from disclosure by the Board. In exercising this departments: recordkeeping, 15 pursuant to exemption 4 of the Freedom delegated authority, the Board is minutes; disclosure, 5 hours. of Information Act (‘‘FOIA’’), 5 U.S.C. directed to take every reasonable step to Estimated annual burden hours: State 552(b)(4), under the standards set forth solicit comment. In determining member banks (de novo): recordkeeping, whether to approve a collection of 40 hours. State member banks with trust in National Parks & Conservation Ass’n information, the Board will consider all departments: recordkeeping, 12,768 v. Morton, 498 F.2d 765 (D.C. Cir. 1974), comments received from the public and hours; disclosure, 43,776 hours. State to the extent an institution can establish other agencies. member banks without trust the potential for substantial competitive Request for Comment on Information departments: recordkeeping, 4,207 harm. They also may be subject to Collection Proposal hours; disclosure, 36,060 hours. withholding under FOIA exemption 6, 5 General description of report: These U.S.C. 552(b)(6), should disclosure The Board invites public comment on constitute an unwarranted invasion of the following information collection, recordkeeping and disclosure personal privacy. which is being reviewed under requirements are pursuant to Sections authority delegated by the OMB under 208.34(c), (d), and (g) of the Board’s Additionally, if such information the PRA. Comments are invited on the Regulation H, which require that state were included in the work papers of following: member banks effecting securities System examiners or abstracted in a. Whether the proposed collection of transactions for customers establish and System reports of examination, the information is necessary for the proper maintain a system of records of these information also may be protected performance of the Federal Reserve’s transactions, furnish confirmations of under exemption 8 of FOIA, 5 U.S.C. functions; including whether the transactions to customers that disclose 552(b)(8). Any withholding certain information, and establish information has practical utility; determination would be made on a case- written policies and procedures relating b. The accuracy of the Federal by-case basis in response to a specific to securities trading. State member Reserve’s estimate of the burden of the request for disclosure of the banks are required to maintain records proposed information collection, information. including the validity of the created per these requirements for three methodology and assumptions used; years following a securities transaction. Board of Governors of the Federal Reserve c. Ways to enhance the quality, These requirements are necessary to System, November 21, 2017. utility, and clarity of the information to protect the customer, to avoid or settle Ann E. Misback, be collected; customer disputes, and to protect the Secretary of the Board. d. Ways to minimize the burden of institution against potential liability [FR Doc. 2017–25499 Filed 11–24–17; 8:45 am] information collection on respondents, arising under the anti-fraud and insider including through the use of automated trading provisions of the Securities BILLING CODE 6210–01–P collection techniques or other forms of Exchange Act of 1934 (‘‘Securities information technology; and Exchange Act’’).

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DEPARTMENT OF DEFENSE ACTION: Notice of request for comments SUPPLEMENTARY INFORMATION: regarding an extension to an existing GENERAL SERVICES OMB information collection. A. Purpose ADMINISTRATION SUMMARY: Under the provisions of the Clause 552.239–71 requires contractors, within 30 days after NATIONAL AERONAUTICS AND Paperwork Reduction Act of 1995, the contract award, to submit an IT Security SPACE ADMINISTRATION Regulatory Secretariat Division will be submitting to the Office of Management Plan to the Contracting Officer and [OMB Control No. 9000–0153; Docket 2017– and Budget (OMB) a request to review Contacting Officer’s Representative that 0053; Sequence 17] and approve a renewal of the currently describes the processes and procedures approved information collection that will be followed to ensure Information Collection; OMB Circular requirement regarding Implementation appropriate security of IT resources that A–119 of Information Technology Security are developed, processed, or used under AGENCY: Department of Defense (DOD), Provision. A notice was published in the contract. The clause will also General Services Administration (GSA), the Federal Register at 82 FR 43021 on require that contractors submit written and National Aeronautics and Space September 13, 2017. No comments were proof of IT security authorization six Administration (NASA). received. months after contract award, and verify DATES: Submit comments on or before ACTION: Correction. that the IT Security Plan remains valid December 27, 2017. annually. SUMMARY: This document contains a ADDRESSES: Submit comments regarding correction to the information collection this burden estimate or any other aspect B. Annual Reporting Burden of this collection of information, notice that was published in the Federal Respondents: 160. Register at 82 FR 51256, on November including suggestions for reducing this 3, 2017. burden to: Office of Information and Responses per Respondent: 2. FOR FURTHER INFORMATION CONTACT: Mr. Regulatory Affairs of OMB, Attention: Total Annual Responses: 320. Desk Officer for GSA, Room 10236, Michael O. Jackson, Procurement Hours per Response: 5. Analyst, Acquisition Policy Division, NEOB, Washington, DC 20503. Total Burden Hours: 1600. GSA, 202–208–4949, or email Additionally submit a copy to GSA by [email protected]. any of the following methods: C. Public Comments • Regulations.gov: http:// SUPPLEMENTARY INFORMATION: www.regulations.gov. Submit comments Public comments are particularly Correction via the Federal eRulemaking portal by invited on: Whether this collection of searching the OMB control number In the information collection information is necessary for the proper 3090–0300. Select the link ‘‘Comment performance of functions of the GSAR, document appearing at 82 FR 51256, on Now’’ that corresponds with November 3, 2017, on page 51256, and whether it will have practical ‘‘Information Collection 3090–0300, utility; whether our estimate of the second column, paragraph 1, lines 1 Implementation of Information public burden of this collection of through 7 are corrected to replace the Technology Security Provision’’. Follow reference to an outdated version of the instructions provided on the screen. information is accurate, and based on Office of Management and Budget Please include your name, company valid assumptions and methodology; (OMB) Circular A–119. The 1998 name (if any), and ‘‘Information ways to enhance the quality, utility, and version was superseded in 2016. Collection 3090–0300, Implementation clarity of the information to be The current version may be found on of Information Technology Security collected; and ways in which we can Standards.gov: https://www.nist.gov/ minimize the burden of the collection of _ _ Provision’’ on your attached document. sites/default/files/revised circular a- • Mail: General Services information on those who are to _ _ _ 119 as of 01–22–2016.pdf. Administration, Regulatory Secretariat respond, through the use of appropriate Dated: November 21, 2017. Division (MVCB), 1800 F Street NW., technological collection techniques or Lorin S. Curit, Washington, DC 20405. ATTN: Ms. other forms of information technology. Director, Federal Acquisition Policy Division, Mandell/IC 3090–0300. Obtaining Copies of Proposals: Instructions: Please submit comments Office of Government-wide Acquisition Requesters may obtain a copy of the only and cite Information Collection Policy, Office of Acquisition Policy, Office information collection documents from of Government-wide Policy. 3090–0300, Implementation of the General Services Administration, [FR Doc. 2017–25553 Filed 11–24–17; 8:45 am] Information Technology Security Regulatory Secretariat Division (MVCB), BILLING CODE 6820–EP–P Provision, in all correspondence related to this collection. Comments received 1800 F Street NW., Washington, DC generally will be posted without change 20405, telephone 202–501–4755. GENERAL SERVICES to http://www.regulations.gov, including Please cite OMB Control No. 3090– ADMINISTRATION any personal and/or business 0300, Implementation of Information confidential information provided. To Technology Security Provision, in all [OMB Control No. 3090–0300: Docket No. confirm receipt of your comment(s), correspondence. 2017–0001; Sequence 9] please check www.regulations.gov, approximately two to three days after Jeffrey A. Koses, Submission for OMB Review; General submission to verify posting (except Services Administration Acquisition Director, Office of Acquisition Policy, Office allow 30 days for posting of comments of Government-wide Policy. Regulation; Implementation of submitted by mail). Information Technology Security [FR Doc. 2017–25500 Filed 11–24–17; 8:45 am] Provision FOR FURTHER INFORMATION CONTACT: Mr. BILLING CODE 6820–61–P Kevin Funk, Program Analyst, Office of AGENCY: Office of Acquisition Policy, Acquisition Policy, at 202–357–5805 or General Services Administration (GSA). via email at [email protected].

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DEPARTMENT OF HEALTH AND Washington, DC 20503 or by fax to (202) gather data on outreach initiatives HUMAN SERVICES 395–5806. Provide written comments NIOSH has undertaken in recent years. within 30 days of notice publication. The findings from the study completed Centers for Disease Control and in 2010 confirmed that NIOSH Proposed Project Prevention continues to be a credible source of Evaluation of Effectiveness of NIOSH [30Day–17–0544] occupational safety and health Publications: NIOSH Customer information, NIOSH publications were Agency Forms Undergoing Paperwork Satisfaction and Impact (CSI) Survey being used more frequently than in Reduction Act Review (OMB Control Number 0920–0544, previous years, and respondents are Expiration Date 4/30/2010)— relying more on the NIOSH Web site In accordance with the Paperwork Reinstatement with Changes—National and other electronic resources. Reduction Act of 1995, the Centers for Institute for Occupational Safety and However, the 2010 CSS also revealed Disease Control and Prevention (CDC) Health (NIOSH), Centers for Disease that the percentage of respondents who has submitted the information Control and Prevention (CDC). looked to NIOSH for Occupational collection request titled Evaluation of Background and Brief Description Safety and Health information dropped Effectiveness of NIOSH Publications: from 84% in 2003 to 76% in 2009 (2010 NIOSH Customer Satisfaction and As mandated in the Occupational survey data collection). Results from the Impact Survey to the Office of Safety and Health Act of 1970 (Pub. L. 2010 CSS suggest that NIOSH needs to Management and Budget (OMB) for 91–596), the mission of the National collaborate more with stakeholder review and approval. CDC previously Institute for Occupational Safety and associations to assess the needs of those published a ‘‘Proposed Data Collection Health (NIOSH) is to conduct research in the OSH community who are not Submitted for Public Comment and and investigations on work-related using NIOSH resources. Since then, Recommendations’’ notice on disease and injury and to disseminate NIOSH has established a partner September 19, 2016 to obtain comments information for preventing identified database, which documents the private from the public and affected agencies. workplace hazards (Sections 20 (a)(1) companies, professional associations, CDC did not receive comments related and (d)). NIOSH is proposing a and labor unions listed as partners on to the previous notice. This notice Reinstatement with Changes to continue various projects. Another serves to allow an additional 30 days for a two-year study to collect stakeholder recommendation is that NIOSH develop public and affected agency comments. feedback on the effectiveness of its strategies to increase awareness of CDC will accept all comments for this products and their dissemination. This electronic resources and newsletters and proposed information collection project. dual responsibility of NIOSH’s mission develop a broader range of tools that The Office of Management and Budget recognizes the need to translate research have direct application and provide is particularly interested in comments into workplace application if it is to clearer guidance on policy. that: impact worker safety and well-being. The currently proposed Customer (a) Evaluate whether the proposed NIOSH, through its communication Satisfaction and Impact (CSI) Survey is collection of information is necessary efforts, seeks to promote greater a reinstatement of the 2010 study with for the proper performance of the awareness of occupational hazards and changes to the instrument and data functions of the agency, including their control, influence public policy collection methods to account for new whether the information will have and regulatory action, shape national products and technologies that did not practical utility; research priorities, change exist in 2010. It is an effort by the (b) Evaluate the accuracy of the organizational practices and individual agency to obtain current estimates of agencies estimate of the burden of the behavior, and ultimately, improve consumer use/benefit from NIOSH proposed collection of information, American working life. NIOSH’s communication products as a whole, as including the validity of the primary communication vehicle is its well as to determine the adequacy of the methodology and assumptions used; series of numbered publications agency’s circulation/delivery practices (c) Enhance the quality, utility, and catalogued by the Institute as Policy in light of changing distribution clarity of the information to be Documents, Technical Documents, and approaches and technologies. The CSI collected; Educational Documents. will account for changes in NIOSH (d) Minimize the burden of the The aforementioned types of publications, digital product formats, collection of information on those who documents are available to the public and new dissemination channels are to respond, including, through the through the use of mailing lists, NIOSH emerging since the last collection of use of appropriate automated, eNews, the NIOSH Web site, promotion survey data. As offered with many electronic, mechanical, or other at conferences, and by other means. In NIOSH publications, the CSI will also technological collection techniques or FY 2015, combined digital downloads solicit more audience-based information other forms of information technology, and hard copy distributions of NIOSH that reflects the new media e.g., permitting electronic submission of publications registered at over 790,000. environment. Such expansions will responses; and Yet, these numbers tell little of whether yield findings that show how well (e) Assess information collection the reports are reaching all of the customer service practices at NIOSH costs. appropriate audiences, or whether the have followed the 2003 and 2010 To request additional information on information is perceived as credible and recommendations, as well as provide the proposed project or to obtain a copy useful by the recipients. Therefore, a insights into how users seek and use of the information collection plan and Customer Satisfaction Survey (CSS) was NIOSH information in the current instruments, call (404) 639–7570 or conducted in 2003 and a follow-up CSS digital environment. send an email to [email protected]. Direct in 2010 to assess customer satisfaction NIOSH will direct the survey to written comments and/or suggestions and perceived impact of NIOSH members of the following occupational regarding the items contained in this publications. The proposed survey seeks safety and health organizations: notice to the Attention: CDC Desk to update the data collected for the 2010 American Industrial Hygiene Officer, Office of Management and survey (OMB Control Number 0920– Association (AIHA), American College Budget, 725 17th Street NW., 0544, expiration date 4/30/10) and of Occupational and Environmental

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Medicine (ACOEM), American occupational groups: AIHA, ACOEM, ‘‘employer’’ and whether they complete Association of Occupational Health AAOHN, ASSE, and other (includes the full or short version. Nurses (AAOHN), American Society of members of AIA, ILCA, and NFPA). The NIOSH estimates that it will take 312 Safety Engineers (ASSE), American annual number of respondents is 1500. total burden hours to complete Insurance Association (AIA), Insurance Each participant will complete one of information collections, compared to Loss Control Association (ILCA) and the four data collection instruments, 205 burden hours estimated for the 2010 National Fire Protection Association depending on whether they are CSS. There are no costs to the (NFPA). NIOSH will randomly sample identified as an ‘‘intermediary’’ or within each of the five following respondents other than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

AIHA, AAOHN, ACOEM, ASSE, and NIOSH Customer Satisfaction Sur- 375 1 20/60 125 Other members. vey—full version, intermediary. AIHA, AAOHN, ACOEM, ASSE, and NIOSH Customer Satisfaction Sur- 375 1 5/60 31 Other members. vey—short version, intermediary. AIHA, AAOHN, ACOEM, ASSE, and NIOSH Customer Satisfaction Sur- 375 1 20/60 125 Other members. vey—full version, employer. AIHA, AAOHN, ACOEM, ASSE, and NIOSH Customer Satisfaction Sur- 375 1 5/60 31 Other members. vey—short version, employer.

Leroy A. Richardson, CDC will accept all comments for this Proposed Project Chief, Information Collection Review Office, proposed information collection project. CDC Diabetes Prevention Recognition Office of Scientific Integrity, Office of the The Office of Management and Budget Program (DPRP)(OMB Control Number Associate Director for Science, Office of the is particularly interested in comments 0920–0909, exp. 12/31/2017)— Director, Centers for Disease Control and that: Prevention. Revision—National Center for Chronic (a) Evaluate whether the proposed Disease Prevention and Health [FR Doc. 2017–25493 Filed 11–24–17; 8:45 am] collection of information is necessary Promotion (NCCDPHP), Centers for BILLING CODE 4163–18–P for the proper performance of the Disease Control and Prevention. functions of the agency, including whether the information will have Background and Brief Description DEPARTMENT OF HEALTH AND practical utility; Evidence from efficacy and HUMAN SERVICES (b) Evaluate the accuracy of the effectiveness research studies has agencies estimate of the burden of the Centers for Disease Control and shown that lifestyle modifications proposed collection of information, Prevention leading to weight loss and increased including the validity of the physical activity can prevent or delay methodology and assumptions used; [30Day–17–0909] type 2 diabetes in persons with (c) Enhance the quality, utility, and prediabetes or those at high risk of Agency Forms Undergoing Paperwork clarity of the information to be developing type 2. To translate these Reduction Act Review collected; research findings into practice, Section (d) Minimize the burden of the 399V–3 of Public Law 111–148, directed In accordance with the Paperwork collection of information on those who CDC ‘‘to determine eligibility of entities Reduction Act of 1995, the Centers for are to respond, including, through the to deliver community-based type 2 Disease Control and Prevention (CDC) use of appropriate automated, diabetes prevention services,’’ monitor has submitted the information electronic, mechanical, or other and evaluate the services, and provide collection request titled CDC Diabetes technological collection techniques or technical assistance. To this end, CDC’s Prevention Recognition Program (DPRP) other forms of information technology, Division of Diabetes Translation (DDT) to the Office of Management and Budget e.g., permitting electronic submission of established and administers the DPRP as (OMB) for review and approval. CDC responses; and part of the National Diabetes Prevention previously published a ‘‘Proposed Data (e) Assess information collection Program, which recognizes Collection Submitted for Public costs. organizations that deliver type 2 Comment and Recommendations’’ To request additional information on diabetes prevention programs according notice on July 14, 2017 to obtain the proposed project or to obtain a copy to requirements set forth in the ‘‘Centers comments from the public and affected of the information collection plan and for Disease Control and Prevention agencies. CDC received and responded instruments, call (404) 639–7570 or Recognition Program Standards and to 33 unique public comments that were send an email to [email protected]. Direct Operating Procedures’’ (Standards). related to this notice from both written comments and/or suggestions Currently CDC has 1,363 individuals and organizations that are regarding the items contained in this organizations in its DPRP registry. On outside of CDC. Within those 33 of notice to the Attention: CDC Desk July 7, 2016, the Centers for Medicare comments, there were 119 unique Officer, Office of Management and and Medicaid Services (CMS) proposed questions/comments that CDC Budget, 725 17th Street NW., the Medicare Diabetes Prevention answered. This notice serves to allow an Washington, DC 20503 or by fax to (202) Program (MDPP). Sections 1102 and additional 30 days for public and 395–5806. Provide written comments 1871 of the Social Security Act (42 affected agency comments. within 30 days of notice publication. U.S.C. 1302 and 1395hh § 424.59)

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authorized CDC-recognized these Standards for three years (OMB the Standards. CMS allows for a new organizations to prepare for enrollment No. 0920–0909, expires 12/31/2017) to recognition status, Preliminary, in as MDPP suppliers in order to bill CMS continue collecting information needed addition to Pending and Full. MDPP for these services beginning in 2018; to manage the DPRP. Virtual reimbursement is directly tied to only organizations in good standing organizations were added in the 2015 Preliminary and Full statuses. The with the CDC DPRP are eligible as Standards based on new published intent of this current Standards’ revision MDPP suppliers. CDC anticipates an evidence and to reach a broader is to align with the CMS MDPP that will additional 500 organizations per year audience. be finalized in 2017 and is scheduled to Two levels of CDC recognition have will apply for recognition. go in effect January 1, 2018, and to Previously, in 2011, CDC received been provided: Pending recognition for account for new evidence in the type 2 OMB approval to collect organizational new applicants that have submitted an and de-identified participant application and meet eligibility criteria diabetes prevention literature. The information needed to administer the defined by the Standards, and Full MDPP benefit will scale type 2 diabetes DPRP (OMB No. 0920–0909, expired recognition for programs that have prevention programs more broadly. 11/30/2014). In 2015, CDC renewed demonstrated effectiveness according to

ESTIMATED ANNUALIZED BURDEN HOURS

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

Public sector organizations that deliver type 2 di- DPRP Application Form 150 1 1 150 abetes prevention programs. DPRP Evaluation Data 350 2 2 1,400 Private sector organizations that deliver type 2 DPRP Application Form 350 1 1 350 diabetes prevention programs. DPRP Evaluation Data 1,444 2 2 5,776

Total ...... 7,676

Leroy A. Richardson, Medical Care Survey (NHAMCS). 30329; phone: 404–639–7570; Email: Chief, Information Collection Review Office, NHAMCS collects facility and visit [email protected]. Office of Scientific Integrity, Office of the information on ambulatory care services SUPPLEMENTARY INFORMATION: Under the Associate Director for Science, Office of the utilization in non-Federal, short stay Paperwork Reduction Act of 1995 (PRA) Director, Centers for Disease Control and hospitals in the United States. Prevention. (44 U.S.C. 3501–3520), Federal agencies DATES [FR Doc. 2017–25494 Filed 11–24–17; 8:45 am] : CDC must receive written must obtain approval from the Office of comments on or before January 26, Management and Budget (OMB) for each BILLING CODE 4163–18–P 2018. collection of information they conduct or sponsor. In addition, the PRA also ADDRESSES: You may submit comments, requires Federal agencies to provide a DEPARTMENT OF HEALTH AND identified by Docket No. CDC–2018– HUMAN SERVICES 60-day notice in the Federal Register 0101 by any of the following methods: concerning each proposed collection of Centers for Disease Control and Federal eRulemaking Portal: information, including each new Prevention Regulations.gov. Follow the instructions proposed collection, each proposed for submitting comments. extension of existing collection of [60Day–18–0278; Docket No. CDC–2017– • Mail: Leroy A. Richardson, 0101] information, and each reinstatement of Information Collection Review Office, previously approved information Proposed Data Collection Submitted Centers for Disease Control and collection before submitting the for Public Comment and Prevention, 1600 Clifton Road NE., MS– collection to the OMB for approval. To Recommendations D74, Atlanta, Georgia 30329. comply with this requirement, we are Instructions: All submissions received publishing this notice of a proposed AGENCY: Centers for Disease Control and must include the agency name and data collection as described below. Prevention (CDC), Department of Health Docket Number. CDC will post, without The OMB is particularly interested in and Human Services (HHS). change, all relevant comments to comments that will help: ACTION: Notice with comment period. Regulations.gov. 1. Evaluate whether the proposed SUMMARY: The Centers for Disease Please note: Submit all comments collection of information is necessary Control and Prevention (CDC), as part of through the Federal eRulemaking portal for the proper performance of the its continuing effort to reduce public (regulations.gov) or by U.S. mail to the functions of the agency, including burden and maximize the utility of address listed above. whether the information will have government information, invites the FOR FURTHER INFORMATION CONTACT: To practical utility; general public and other Federal request more information on the 2. Evaluate the accuracy of the agencies the opportunity to comment on proposed project or to obtain a copy of agency’s estimate of the burden of the a proposed and/or continuing the information collection plan and proposed collection of information, information collection, as required by instruments, contact Leroy A. including the validity of the the Paperwork Reduction Act of 1995. Richardson, Information Collection methodology and assumptions used; This notice invites comment on a Review Office, Centers for Disease 3. Enhance the quality, utility, and proposed information collection project Control and Prevention, 1600 Clifton clarity of the information to be titled the National Hospital Ambulatory Road NE., MS–D74, Atlanta, Georgia collected; and

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4. Minimize the burden of the OMB approval to extend this survey for determining health care work force collection of information on those who an additional three years. needs, and assessing the health status of are to respond, including through the The target universe of the NHAMCS is the population. use of appropriate automated, in-person visits made to emergency Starting 2018, CDC will implement electronic, mechanical, or other departments (EDs) of non-Federal, short- the ED component of NHAMCS. technological collection techniques or stay hospitals (hospitals with an average However, between December 2017 and other forms of information technology, length of stay of less than 30 days) that May 2018, the 2017 survey will run e.g., permitting electronic submissions have at least six beds for inpatient use, concurrently with the 2018 survey. This of responses. and with a specialty of general (medical is typical with any data collection cycle: 5. Assess information collection costs. or surgical) or children’s general. It begin in the last month of the NHAMCS was initiated to preceding year and ends around the Proposed Project complement the National Ambulatory middle of the following year. For the Medical Care Survey (NAMCS, OMB 2017 data collection, CDC will collect National Hospital Ambulatory Control Number 0920–0234, Expiration Medical Care Survey (NHAMCS) (OMB information on all three settings (ED, Date 03/31/2019), which provides OPD, and ASL). For this three-year Control Number 0920–0278, Expiration similar data concerning patient visits to request, CDC does not expect Date 02/28/2018)—Revision—National physicians’ offices. NAMCS and substantive changes or supplements for Center for Health Statistics (NCHS), NHAMCS are the principal sources of the survey. Centers for Disease Control and data on ambulatory care provided in the Prevention (CDC). United States. Users of NHAMCS data include, but are not limited to, congressional offices, Background and Brief Description NHAMCS provides a range of baseline data on the characteristics of the users Federal agencies, state and local Section 306 of the Public Health and providers of hospital ambulatory governments, schools of public health, Service (PHS) Act (42 U.S.C. 242k), as medical care. Data collected include colleges and Universities, private amended, authorizes that the Secretary patients’ demographic characteristics, industry, nonprofit foundations, of Health and Human Services (DHHS), reason(s) for visit, providers’ diagnoses, professional associations, clinicians, acting through NCHS, shall collect diagnostic services, medications, and researchers, administrators, and health statistics on ‘‘utilization of health care’’ disposition. These data, together with planners. in the United States. The National trend data, may be used to monitor the There are no costs to the respondents Hospital Ambulatory Medical Care effects of change in the health care other than their time. The total Survey (NHAMCS) has conducted system, for the planning of health estimated annualized burden hours are annually since 1992. NCHS is seeking services, improving medical education, 1,806.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Hospital Chief Executive Officer ...... Hospital Induction 2017 Data Col- 60 1 75/60 75 lection. Hospital Chief Executive Officer ...... Hospital Induction 2018+ Data Col- 340 1 75/60 425 lection. Ancillary Service Executive ...... Ambulatory Unit Induction (ED, OPD 810 1 15/60 203 and ASL). Ancillary Service Executive ...... Ambulatory Unit Induction (ED only) 583 1 15/60 146 Medical Record Clerk...... Retrieving Patient Records (ED, 396 144 1/60 950 OPD and ASL). Ancillary Service Executive—Re- Reabstraction Telephone Call (ED, 29 1 5/60 2 abstraction. OPD and ASL). Medical Record Clerk—Reabstrac- Pulling and re-filing Patient Records 29 10 1/60 5 tion. (ED, OPD and ASL).

Total ...... 1,806

Leroy A. Richardson, DEPARTMENT OF HEALTH AND collection request titled ZEN Colombia Chief, Information Collection Review Office, HUMAN SERVICES Study: Zika in Pregnant Women and Office of Scientific Integrity, Office of the Children in Colombia to the Office of Associate Director for Science, Office of the Centers for Disease Control and Management and Budget (OMB) for Director, Centers for Disease Control and Prevention review and approval. CDC previously Prevention. published a ‘‘Proposed Data Collection [30Day–18–1190] [FR Doc. 2017–25496 Filed 11–24–17; 8:45 am] Submitted for Public Comment and BILLING CODE 4163–18–P Agency Forms Undergoing Paperwork Recommendations’’ notice on August Reduction Act Review 30, 2017 to obtain comments from the public and affected agencies. CDC did In accordance with the Paperwork not receive comments related to the Reduction Act of 1995, the Centers for previous notice. This notice serves to Disease Control and Prevention (CDC) allow an additional 30 days for public has submitted the information and affected agency comments.

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CDC will accept all comments for this America. Common symptoms of ZIKV ZIKV infection in pregnant women and proposed information collection project. in humans include rash, fever, their infants. These include behaviors The Office of Management and Budget arthralgia, and nonpurulent such as use of mosquito-bite prevention is particularly interested in comments conjunctivitis. The illness is usually measures or condoms, and factors that: mild and self-limited, with symptoms associated with maternal-to-child (a) Evaluate whether the proposed lasting for several days to a week; transmission; (3) Assess the risk for collection of information is necessary however, based on previous outbreaks, adverse maternal, fetal, and infant for the proper performance of the some infections are asymptomatic. The outcomes associated with ZIKV functions of the agency, including prevalence of asymptomatic infection in infection; (4) Assess modifiers of the whether the information will have the current Central and South American risk for adverse outcomes among practical utility; epidemic is unknown. pregnant women and their infants (b) Evaluate the accuracy of the Although the clinical presentation of following ZIKV infection. This includes agencies estimate of the burden of the ZIKV infection is typically mild, ZIKV investigating associations with proposed collection of information, infection in pregnancy can cause gestational age at infection, presence of including the validity of the microcephaly and related brain ZIKV symptoms, extended viremia, methodology and assumptions used; abnormalities when fetuses are exposed mode of transmission, prior infections (c) Enhance the quality, utility, and in utero. Other adverse pregnancy or immunizations, and co-infections. clarity of the information to be outcomes related to ZIKV infection The project aims to enroll collected; remain under study, and include approximately 5,000 women, 1,250 male (d) Minimize the burden of the pregnancy loss, other major birth partners, 4,500 newborns, and a subset collection of information on those who defects, arthrogryposis, eye of 900 infants/children. Pregnant are to respond, including, through the abnormalities, and neurologic women will be recruited in the first use of appropriate automated, abnormalities. trimester of pregnancy for study electronic, mechanical, or other As the spectrum of adverse health enrollment, followed by assessments technological collection techniques or outcomes potentially related to ZIKV during pregnancy (every other week other forms of information technology, infection continues to grow, large gaps until 32 weeks gestation and monthly e.g., permitting electronic submission of remain in our understanding of ZIKV thereafter), and within 10 days responses; and infection in pregnancy. These include postpartum. At all visits, participants (e) Assess information collection the full spectrum of adverse health will complete visit-specific costs. outcomes in pregnant women, fetuses, questionnaires. In addition to the To request additional information on and infants associated with ZIKV questionnaires, at all pregnancy and the proposed project or to obtain a copy infection; the relative contributions of delivery visits, participants will receive of the information collection plan and sexual transmission and mosquito-borne Colombian national recommended instruments, call (404) 639–7570 or transmission to occurrence of infections clinical care and provide samples for send an email to [email protected]. Direct in pregnancy; and variability in the risk laboratory testing. written comments and/or suggestions of adverse fetal outcomes by gestational Researchers will recruit male partners regarding the items contained in this week of maternal infection or symptoms around the time of the pregnant notice to the Attention: CDC Desk of infection. There is an urgency to fill partners’ study enrollment, followed by Officer, Office of Management and these large gaps in our understanding monthly visits until his pregnant Budget, 725 17th Street NW., given the rapidity of the epidemic’s partner reaches the third trimester Washington, DC 20503 or by fax to (202) spread and the severe health outcomes (approximately 27 weeks gestation). If 395–5806. Provide written comments associated with ZIKV to date. the male partner contracts ZIKV during within 30 days of notice publication. Colombia’s Instituto Nacional de this time, visits will occur every other Salud (INS) began surveillance for ZIKV week until the partner has two negative Proposed Project in 2015, reporting the first consecutive tests for ZIKV or the ZEN Colombia Study: Zika in autochthonous transmission in October pregnancy ends. At all study visits, male Pregnant Women and Children in 2015 in the north of the country. As of partners will complete visit-specific Colombia (OMB Control Number 0920– December 2016, Colombia has reported questionnaires and provide samples for 1190, expires 07/31/2019)—Revision— over 106,000-suspected ZIKV cases, laboratory testing. National Center on Birth Defects and with over 19,000 of them among Researchers will follow all newborns Developmental Disabilities, Centers for pregnant women. With a causal link of mothers participating in the study Disease Control and Prevention (CDC). established between ZIKV infection in every other week from birth to 6 months pregnancy and microcephaly, there is an of age. At all visits, infants will receive Background and Brief Description urgent need to understand: How to national recommended clinical care (at Zika virus (ZIKV) infection is a prevent ZIKV transmission; the full birth and follow-up visits at 1, 2, 3, and mosquito-borne flavivirus transmitted spectrum of adverse maternal, fetal, and 6 months), provide samples for by Aedes species mosquitoes, and also infant health outcomes associated with laboratory testing, and mothers will through sexual and mother-to-child ZIKV infection; and risk factors for complete study-specific questionnaires transmission; laboratory-acquired occurrence of these outcomes. To about infant ZIKV symptoms and infections have also been reported. answer these questions, INS and the developmental milestones. During Health officials observed sporadic CDC will follow 5,000 women enrolled follow-up, infants will also have cranial evidence of human ZIKV infection in in the first trimester of pregnancy, their ultrasounds, their head circumference Africa and Asia prior to 2007, when an male partners, and their infants, in measured, and hearing and vision tests. outbreak of ZIKV caused an estimated various cities in Colombia where ZIKV For mothers and their infants and as 5,000 infections in the State of Yap, transmission is currently ongoing. part of clinical care, researchers will Federated States of Micronesia. Since The primary study objectives are to: abstract relevant information from then, health officials have found (1) Describe the sociodemographic and medical records. evidence of ZIKV in 65 countries and clinical characteristics of the study The revised information collection territories, mostly in Central and South population; (2) Identify risk factors for package includes the following changes.

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During the data collection period, assessments performed to examine their partners, and their infants; and to researchers will follow a subset of 900 developmental delays. help agencies prepare to provide infants until 2-years of age. A parent of CDC will use study results to guide services to affected children and each of these infants will answer a recommendations made by both INS families. Participation in this study is questionnaire at 6, 9, 12, 18, and 24 and CDC to prevent ZIKV infection; to voluntary and there are no costs to months, as well as have other clinical improve counseling of patients about participants other than their time. risks to themselves, their pregnancies, The total burden hours are 14,210.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Pregnant Women ...... Pregnant Women Eligibility Questionnaire .... 600 1 5/60 Pregnant Women Enrollment Questionnaire 500 1 35/60 Adult Symptoms Questionnaire ...... 500 15 10/60 Pregnant Women Follow-up Questionnaire ... 500 8 15/60 Infant Symptoms Questionnaire ...... 2,250 14 10/60 Parent-Child Eligibility Questionnaire ...... 1,000 1 5/60 Parent-Child Enrollment Questionnaire ...... 900 1 20/60 Parent-Child Follow-up Questionnaire ...... 900 4 15/60 Ages and Stages Questionnaire: 2 and 6 2,250 2 15/60 Month Visits. Ages and Stages Questionnaire: 12 and 24 900 2 15/60 Month Visits. Bayley Scales of Infant and Toddler Devel- 900 3 30/60 opment. Strengths and Difficulties Questionnaire ...... 900 1 5/60 Peabody Developmental Motor Scales ...... 900 1 30/60 Parenting Stress Index IV ...... 900 5 10/60 Center for Epidemiologic Studies Depression 900 5 5/60 Scale. Test of Nonverbal Intelligence ...... 900 1 20/60 Male partners ...... Male Partner Eligibility Questionnaire ...... 150 1 5/60 Male Enrollment Questionnaire ...... 125 1 25/60 Adult Symptoms Questionnaire ...... 125 7 10/60

Leroy A. Richardson, Description: The Family and Youth Performance Analysis Study, and an Chief, Information Collection Review Office, Services Bureau (FYSB) and the Office Impact and In-Depth Implementation Office of Scientific Integrity, Office of the of Planning, Research, Evaluation Study. Data collection related to the Associate Director for Science, Office of the (OPRE) in the Administration for Design and Implementation Study is Director, Centers for Disease Control and Children and Families (ACF) are complete; data collection related to the Prevention. requesting an extension without change Performance Analysis Study will be [FR Doc. 2017–25495 Filed 11–24–17; 8:45 am] of a currently approved information complete in late summer 2017. This BILLING CODE 4163–18–P collection (OMB No. 0970–0398). The notice is specific to data collection purpose of the extension is to complete activities for the Impact and In-Depth the ongoing follow-up data collection Implementation Study, which is being DEPARTMENT OF HEALTH AND for the Personal Responsibility conducted in four sites. The proposed HUMAN SERVICES Education Program (PREP) Multi- extension is necessary to complete Administration for Children and Component Evaluation, which was ongoing follow-up data collection. The Families designed to document how PREP resulting data will be used in a rigorous programs are designed and program impact analysis to assess the Submission for OMB Review; implemented in the field, collect effectiveness of each program in Comment Request performance measure data for PREP reducing teen sexual activity and programs, and assess the effectiveness of associated risk behaviors. Title: Personal Responsibility selected PREP-funded programs. Respondents: Youth participants who Education Program (PREP) Multi- The PREP Multi-Component agreed to participate in the study upon Component Evaluation Extension. Evaluation contains three components: enrollment in the four impact study OMB No.: 0970–0398. A Design and Implementation Study, a sites.

ANNUAL BURDEN ESTIMATES

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

Second follow-up survey ...... 325 1 .75 244

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Estimated Total/Annual Burden Desk Officer for the Administration for been approved by the Office of Hours: 244. Children and Families. Management and Budget (OMB) under the Paperwork Reduction Act of 1995. Additional Information: Copies of the Mary Jones, proposed collection may be obtained by ACF/OPRE Certifying Officer. FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations, Food writing to the Administration for [FR Doc. 2017–25444 Filed 11–24–17; 8:45 am] Children and Families, Office of and Drug Administration, Three White BILLING CODE 4184–37–P Planning, Research and Evaluation, 330 Flint North, 10A–12M, 11601 C Street SW., Washington, DC 20201, Landsdown St., North Bethesda, MD Attn: OPRE Reports Clearance Officer. DEPARTMENT OF HEALTH AND 20852, 301–796–7726, PRAStaff@ All requests should be identified by the HUMAN SERVICES fda.hhs.gov. title of the information collection. Email SUPPLEMENTARY INFORMATION: The address: OPREinfocollection@ Food and Drug Administration following is a list of FDA information acf.hhs.gov. [Docket Nos. FDA–2010–N–0601, FDA– collections recently approved by OMB OMB Comment: OMB is required to 2010–N–0598, FDA–2010–N–0600, FDA– under section 3507 of the Paperwork make a decision concerning the 2007–N–0037, FDA–2010–N–0597, FDA– Reduction Act of 1995 (44 U.S.C. 3507). collection of information between 30 2011–N–0017, and FDA–2016–N–2496] The OMB control number and and 60 days after publication of this expiration date of OMB approval for document in the Federal Register. Agency Information Collection each information collection are shown Therefore, a comment is best assured of Activities; Announcement of Office of in Table 1. Copies of the supporting having its full effect if OMB receives it Management and Budget Approvals statements for the information within 30 days of publication. Written AGENCY: Food and Drug Administration, collections are available on the internet comments and recommendations for the HHS. at https://www.reginfo.gov/public/do/ proposed information collection should ACTION: Notice. PRAMain. An Agency may not conduct be sent directly to the following: Office or sponsor, and a person is not required of Management and Budget, Paperwork SUMMARY: The Food and Drug to respond to, a collection of Reduction Project, Email: OIRA_ Administration (FDA) is publishing a information unless it displays a [email protected], Attn: list of information collections that have currently valid OMB control number.

TABLE 1—LIST OF INFORMATION COLLECTIONS APPROVED BY OMB

Date Title of collection OMB approval control No. expires

Current Good Manufacturing Practice for Medicated Feeds ...... 0910–0152 8/31/2020 Current Good Manufacturing Practice for Type A Medicated Articles ...... 0910–0154 8/31/2020 Animal Drug User Fee Cover Sheet, Form FDA 3546 ...... 0910–0539 8/31/2020 Animal Drug User Fee Waivers and Reductions ...... 0910–0540 8/31/2020 Index of Legally Marketed Unappropriated New Animal Drugs for Minor Species ...... 0910–0620 8/31/2020 Voluntary National Retail Food Regulatory Program Standards ...... 0910–0621 8/31/2020 Impact Trade Auxiliary Communication System ...... 0910–0842 8/31/2020

Dated: November 20, 2017. comment on the proposed collection of at the end of January 26, 2018. Leslie Kux, certain information by the Agency. Comments received by mail/hand Associate Commissioner for Policy. Under the Paperwork Reduction Act of delivery/courier (for written/paper [FR Doc. 2017–25452 Filed 11–24–17; 8:45 am] 1995 (PRA), Federal Agencies are submissions) will be considered timely BILLING CODE 4164–01–P required to publish notice in the if they are postmarked or the delivery Federal Register concerning each service acceptance receipt is on or proposed collection of information, before that date. including each proposed extension of an DEPARTMENT OF HEALTH AND Electronic Submissions HUMAN SERVICES existing collection of information, and to allow 60 days for public comment in Submit electronic comments in the Food and Drug Administration response to the notice. This notice following way: solicits comments on export certificates • Federal eRulemaking Portal: [Docket No. FDA–2010–N–0161] for the export of FDA-regulated https://www.regulations.gov. Follow the Agency Information Collection products. instructions for submitting comments. Comments submitted electronically, Activities; Proposed Collection; DATES: Submit either electronic or Comment Request; Export of Food and including attachments, to https:// written comments on the collection of www.regulations.gov will be posted to Drug Administration-Regulated information by January 26, 2018. Products: Export Certificates the docket unchanged. Because your ADDRESSES: You may submit comments comment will be made public, you are AGENCY: Food and Drug Administration, as follows. Please note that late, solely responsible for ensuring that your HHS. untimely filed comments will not be comment does not include any ACTION: Notice. considered. Electronic comments must confidential information that you or a be submitted on or before January 26, third party may not wish to be posted, SUMMARY: The Food and Drug 2018. The https://www.regulations.gov such as medical information, your or Administration (FDA or Agency) is electronic filing system will accept anyone else’s Social Security number, or announcing an opportunity for public comments until midnight Eastern Time confidential business information, such

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as a manufacturing process. Please note provide this information on the cover assumptions used; (3) ways to enhance that if you include your name, contact sheet and not in the body of your the quality, utility, and clarity of the information, or other information that comments and you must identify this information to be collected; and (4) identifies you in the body of your information as ‘‘confidential.’’ Any ways to minimize the burden of the comments, that information will be information marked as ‘‘confidential’’ collection of information on posted on https://www.regulations.gov. will not be disclosed except in respondents, including through the use • If you want to submit a comment accordance with 21 CFR 10.20 and other of automated collection techniques, with confidential information that you applicable disclosure law. For more when appropriate, and other forms of do not wish to be made available to the information about FDA’s posting of information technology. public, submit the comment as a comments to public dockets, see 80 FR written/paper submission and in the 56469, September 18, 2015, or access Export of Food and Drug manner detailed (see ‘‘Written/Paper the information at: https://www.gpo.gov/ Administration-Regulated Products: Submissions’’ and ‘‘Instructions’’). fdsys/pkg/FR-2015-09-18/pdf/2015- Export Certificates Written/Paper Submissions 23389.pdf. OMB Control Number 0910–0498— Docket: For access to the docket to Extension Submit written/paper submissions as read background documents or the follows: • electronic and written/paper comments In April 1996, the FDA Export, Mail/Hand delivery/Courier (for received, go to https:// Reform, and Enhancement Act of 1996 written/paper submissions): Dockets www.regulations.gov and insert the (FDAERA) (Pub. L. 104–134) amended Management Staff (HFA–305), Food and docket number, found in brackets in the sections 801(e) and 802 of the Federal Drug Administration, 5630 Fishers heading of this document, into the Food, Drug, and Cosmetic Act (FD&C Lane, Rm. 1061, Rockville, MD 20852. ‘‘Search’’ box and follow the prompts Act) (21 U.S.C. 381(e) and 382). It was • For written/paper comments and/or go to the Dockets Management designed to ease restrictions on submitted to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, exportation of unapproved Staff, FDA will post your comment, as Rockville, MD 20852. pharmaceuticals, biologics, and devices well as any attachments, except for FOR FURTHER INFORMATION CONTACT: regulated by FDA. Section 801(e)(4) of information submitted, marked and the FDAERA provides that persons identified, as confidential, if submitted Amber Sanford, Office of Operations, exporting certain FDA-regulated as detailed in ‘‘Instructions.’’ Food and Drug Administration, Three Instructions: All submissions received White Flint North, 10A63, 11601 products may request FDA to certify must include the Docket No. FDA– Landsdown St., North Bethesda, MD that the products meet the requirements 2010–N–0161 for ‘‘Agency Information 20852, 301–796–8867, PRAStaff@ of sections 801(e) and 802 or other Collection Activities; Proposed fda.hhs.gov. requirements of the FD&C Act. This Collection; Comment Request; Export of SUPPLEMENTARY INFORMATION: Under the section of the law requires FDA to issue Food and Drug Administration- PRA (44 U.S.C. 3501–3520), Federal certification within 20 days of receipt of Regulated Products: Export Agencies must obtain approval from the the request and to charge firms up to Certificates.’’ Received comments, those Office of Management and Budget $175 for the certifications. In January filed in a timely manner (see (OMB) for each collection of 2011, section 801(e)(4)(A) was amended ADDRESSES), will be placed in the docket information they conduct or sponsor. by the FDA Food Safety Modernization and, except for those submitted as ‘‘Collection of information’’ is defined Act (Pub. L. 111–353) to provide ‘‘Confidential Submissions,’’ publicly in 44 U.S.C. 3502(3) and 5 CFR authorization for export certification viewable at https://www.regulations.gov 1320.3(c) and includes Agency requests fees for food and animal feed. or at the Dockets Management Staff or requirements that members of the This section of the FD&C Act between 9 a.m. and 4 p.m., Monday public submit reports, keep records, or authorizes FDA to issue export through Friday. provide information to a third party. certificates for regulated food, animal • Confidential Submissions—To Section 3506(c)(2)(A) of the PRA (44 feed, pharmaceuticals, biologics, and submit a comment with confidential U.S.C. 3506(c)(2)(A)) requires Federal devices that are legally marketed in the information that you do not wish to be Agencies to provide a 60-day notice in United States, as well as for these same made publicly available, submit your the Federal Register concerning each products that are not legally marketed comments only as a written/paper proposed collection of information, but are acceptable to the importing submission. You should submit two including each proposed extension of an country, as specified in sections 801(e) copies total. One copy will include the existing collection of information, and 802 of the FD&C Act. FDA has information you claim to be confidential before submitting the collection to OMB developed various types of certificates with a heading or cover note that states for approval. To comply with this that satisfy the requirements of section ‘‘THIS DOCUMENT CONTAINS requirement, FDA is publishing notice 801(e)(4)(B) of the FD&C Act. Four of CONFIDENTIAL INFORMATION.’’ The of the proposed collection of those certificates are discussed in this Agency will review this copy, including information set forth in this document. notice: (1) Certificates to Foreign the claimed confidential information, in With respect to the following Governments, (2) Certificates of its consideration of comments. The collection of information, FDA invites Exportability, (3) Certificates of a second copy, which will have the comments on these topics: (1) Whether Pharmaceutical Product, and (4) Non- claimed confidential information the proposed collection of information Clinical Research Use Only Certificates. redacted/blacked out, will be available is necessary for the proper performance FDA has updated the certificates as part for public viewing and posted on of FDA’s functions, including whether of the proposed collection of https://www.regulations.gov. Submit the information will have practical information to account for the both copies to the Division of Dockets utility; (2) the accuracy of FDA’s amendment authorizing export Management. If you do not wish your estimate of the burden of the proposed certification fees for food and animal name and contact information to be collection of information, including the feed. Table 1 lists the different made publicly available, you can validity of the methodology and certificates and details their uses:

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TABLE 1—CERTIFICATES AND USES

Type of certificate Use

‘‘Supplementary Information Certificate to Foreign Government Re- For the export of products legally marketed in the United States. quests‘‘, ‘‘Exporter’s Certification Statement Certificate to Foreign Government‘‘, ‘‘Exporter’s Certification Statement Certificate to For- eign Government (For Human Tissue Intended for Transplantation)‘‘. ‘‘Supplementary Information Certificate of Exportability Requests‘‘, Ex- For the export of products not approved for marketing in the United porter’s Certification Statement Certificate of Exportability’’. States (unapproved products) that meet the requirements of sections 801(e) or 802 of the FD&C Act. ‘‘Supplementary Information Certificate of a Pharmaceutical Product‘‘, Conforms to the format established by the World Health Organization ‘‘Exporter’s Certification Statement Certificate of a Pharmaceutical and is intended for use by the importing country when the product in Product‘‘. question is under consideration for a product license that will author- ize its importation and sale or for renewal, extension, amending, or reviewing a license. ‘‘Supplementary Information Non-Clinical Research Use Only Certifi- For the export of a non-clinical research use only product, material, or cate‘‘, ‘‘Exporter’s Certification Statement (Non-Clinical Research component that is not intended for human use which may be mar- Use Only)‘‘. keted in, and legally exported from the United States under the FD&C Act.

FDA will continue to rely on self- FD&C Act, not only at the time that they The appropriate FDA centers will certification by manufacturers for the submit their request to the appropriate review product information submitted first three types of certificates listed in center, but also at the time that they by firms in support of their certificate table 1. Manufacturers are requested to submit the certification to the foreign and any suspected case of fraud will be self-certify that they are in compliance government. referred to the appropriate offices. with all applicable requirements of the

TABLE 2—ESTIMATED ANNUAL REPORTING BURDEN 1

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

Center for Biologics Evaluation and Research ...... 2,651 1 2,651 1 2,651 Center for Devices and Radiological Health ...... 11,175 1 11,175 2 22,350 Center for Drug Evaluation and Research ...... 3,680 1 3,680 1 3,680 Center for Veterinary Medicine ...... 1,819 1 1,819 1 1,819

Total ...... 30,500 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: November 20, 2017. Homogenous Cases of Product Without • Federal eRulemaking Portal: https:// Leslie Kux, a Product Identifier.’’ This draft www.regulations.gov. Follow the Associate Commissioner for Policy. guidance specifies whether and under instructions for submitting comments. [FR Doc. 2017–25456 Filed 11–24–17; 8:45 am] what circumstances packages and Comments submitted electronically, BILLING CODE 4164–01–P homogenous cases of product not including attachments, to https:// labeled with a product identifier shall www.regulations.gov will be posted to be exempted, as grandfathered, from the docket unchanged. Because your DEPARTMENT OF HEALTH AND certain requirements of the Federal comment will be made public, you are HUMAN SERVICES Food, Drug, and Cosmetic Act (the solely responsible for ensuring that your FD&C Act). comment does not include any Food and Drug Administration DATES: Submit either electronic or confidential information that you or a [Docket No. FDA–2017–D–6526] written comments on the draft guidance third party may not wish to be posted, by January 26, 2018 to ensure that the such as medical information, your or Grandfathering Policy for Packages Agency considers your comment on this anyone else’s Social Security number, or and Homogenous Cases of Product draft guidance before it begins work on confidential business information, such Without a Product Identifier; Draft the final version of the guidance. as a manufacturing process. Please note Guidance for Industry; Availability Submit either electronic or written that if you include your name, contact comments concerning the collection of information, or other information that AGENCY: Food and Drug Administration, information proposed in the draft identifies you in the body of your HHS. guidance by January 26, 2018. comments, that information will be ACTION: Notice of availability. ADDRESSES: You may submit comments posted on https://www.regulations.gov. SUMMARY: The Food and Drug on any guidance at any time as follows: • If you want to submit a comment Administration (FDA, the Agency, or Electronic Submissions with confidential information that you we) is announcing the availability of a do not wish to be made available to the draft guidance for industry entitled Submit electronic comments in the public, submit the comment as a ‘‘Grandfathering Policy for Packages and following way: written/paper submission and in the

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manner detailed (see ‘‘Written/Paper Docket: For access to the docket to homogenous case of product in the Submissions’’ and ‘‘Instructions’’). read background documents or the pharmaceutical distribution supply electronic and written/paper comments chain bear a product identifier that is Written/Paper Submissions received, go to https:// encoded with the product’s Submit written/paper submissions as www.regulations.gov and insert the standardized numerical identifier, lot follows: docket number, found in brackets in the number, and expiration date by specific • Mail/Hand delivery/Courier (for heading of this document, into the dates. Under the statute, manufacturers written/paper submissions): Dockets ‘‘Search’’ box and follow the prompts must begin affixing or imprinting a Management Staff (HFA–305), Food and and/or go to the Dockets Management product identifier to each package and Drug Administration, 5630 Fishers Staff, 5630 Fishers Lane, Rm. 1061, homogenous case of a product intended Lane, Rm. 1061, Rockville, MD 20852. Rockville, MD 20852. to be introduced into commerce no later • For written/paper comments You may submit comments on any than November 27, 2017. Repackagers submitted to the Dockets Management guidance at any time (see 21 CFR are required to do the same no later than Staff, FDA will post your comment, as 10.115(g)(5)). November 27, 2018. well as any attachments, except for Submit written requests for single Sections 582(c)(2), (d)(2), and information submitted, marked and copies of the draft guidance to the (e)(2)(A)(iii) of the FD&C Act restrict identified, as confidential, if submitted Division of Drug Information, Center for trading partners’ ability to engage in as detailed in ‘‘Instructions.’’ Drug Evaluation and Research, Food transactions involving packages and Instructions: All submissions received and Drug Administration, 10001 New homogenous cases of product that are must include the Docket No. FDA– Hampshire Ave., Hillandale Building, not labeled with a product identifier 2017–D–6526 for ‘‘Grandfathering 4th Floor, Silver Spring, MD 20993– after specific dates. Beginning Policy for Packages and Homogenous 0002, or the Office of Communication, November 27, 2018, repackagers may Cases of Product Without a Product Outreach, and Development, Center for not engage in a transaction involving a Identifier; Draft Guidance for Industry.’’ Biologics Evaluation and Research, package or homogenous case of a product that is not encoded with a Received comments will be placed in Food and Drug Administration, 10903 product identifier. Similar restrictions the docket and, except for those New Hampshire Ave., Bldg. 71, Rm. go into effect for wholesale distributors submitted as ‘‘Confidential 3128, Silver Spring, MD 20993–0002. and dispensers on November 27, 2019, Submissions,’’ publicly viewable at Send one self-addressed adhesive label to assist that office in processing your and November 27, 2020, respectively. https://www.regulations.gov or at the Section 582(a)(5)(A) of the FD&C Act Dockets Management Staff between 9 requests. See the SUPPLEMENTARY INFORMATION section for electronic gives FDA authority to exempt packages a.m. and 4 p.m., Monday through and homogenous cases of product Friday. access to the draft guidance document. • without a product identifier from the Confidential Submissions—To FOR FURTHER INFORMATION CONTACT: product tracing requirements discussed submit a comment with confidential Abha Kundi, Office of Compliance, above. We are required to issue information that you do not wish to be Center for Drug Evaluation and guidance that specifies whether and made publicly available, submit your Research, Food and Drug under what circumstances we will comments only as a written/paper Administration, 10903 New Hampshire exercise this authority. The draft submission. You should submit two Ave., Silver Spring, MD 20993–0002, guidance addresses this requirement. As copies total. One copy will include the 301–796–3130, drugtrackandtrace@ explained in the draft guidance, only information you claim to be confidential fda.hhs.gov; or Stephen Ripley, Center packages and homogenous cases of with a heading or cover note that states for Biologics Evaluation and Research, product that are in the pharmaceutical ‘‘THIS DOCUMENT CONTAINS Food and Drug Administration, 10903 distribution supply chain at the time of CONFIDENTIAL INFORMATION.’’ The New Hampshire Ave., Bldg. 71, Rm. the effective date of the requirements of Agency will review this copy, including 7301, Silver Spring, MD 20993–0002, section 582 are eligible for an exemption the claimed confidential information, in 240–402–7911. under section 582(a)(5)(A). its consideration of comments. The SUPPLEMENTARY INFORMATION: This draft guidance is being issued second copy, which will have the consistent with FDA’s good guidance I. Background claimed confidential information practices regulation (21 CFR 10.115). redacted/blacked out, will be available FDA is announcing the availability of The draft guidance, when finalized, will for public viewing and posted on a draft guidance for industry entitled represent the Agency’s current thinking https://www.regulations.gov. Submit ‘‘Grandfathering Policy for Packages and on the grandfathering policy for both copies to the Dockets Management Homogenous Cases of Product Without packages and homogenous cases of Staff. If you do not wish your name and a Product Identifier.’’ On November 27, product without a product identifier. contact information to be made publicly 2013, the Drug Supply Chain Security Guidance documents generally do not available, you can provide this Act (DSCSA) (Title II of Pub. L. 113–54) establish any rights for any person and information on the cover sheet and not was signed into law. Section 202 of the is not binding on FDA or the public. in the body of your comments and you DSCSA added section 582 to the FD&C You can use an alternative approach if must identify this information as Act, which established product tracing it satisfies the requirements of the ‘‘confidential.’’ Any information marked requirements for manufacturers, applicable statutes and regulations. For as ‘‘confidential’’ will not be disclosed repackagers, wholesale distributors, and this particular document, section 582 of except in accordance with 21 CFR 10.20 dispensers. The DSCSA phases in its the FD&C Act gives FDA authority to and other applicable disclosure law. For requirements over a period of 10 years. issue binding guidance specifying the more information about FDA’s posting A critical set of phased product circumstances under which packages of comments to public dockets, see 80 tracing requirements outlined in section and homogenous cases of product that FR 56469, September 18, 2015, or access 582 of the FD&C Act (21 U.S.C. 360eee– are not labeled with a product identifier the information at: https://www.gpo.gov/ 1) relate to the product identifier. shall be exempted from the fdsys/pkg/FR-2015-09-18/pdf/2015- Among its provisions, section 582 requirements of section 582 of the FD&C 23389.pdf. requires that each package and Act. Thus, insofar as section IV of this

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guidance specifies the circumstances DATES: Fax written comments on the electronic records and signatures: (1) under which packages and homogenous collection of information by December § 11.10 specifies procedures and cases of product that are not labeled 27, 2017. controls for persons who use closed with a product identifier and that are in ADDRESSES: To ensure that comments on systems to create, modify, maintain, or the pharmaceutical distribution supply the information collection are received, transmit electronic records; (2) § 11.30 chain at the time of the effective date of OMB recommends that written specifies procedures and controls for the requirements of section 582 of the comments be faxed to the Office of persons who use open systems to create, FD&C Act shall be exempted from Information and Regulatory Affairs, modify, maintain, or transmit electronic certain requirements of section 582, it OMB, Attn: FDA Desk Officer, Fax: 202– records; (3) § 11.50 specifies procedures will have binding effect upon 395–7285, or emailed to oira_ and controls for persons who use finalization. [email protected]. All electronic signatures; and (4) § 11.300 specifies controls to ensure the security II. Electronic Access comments should be identified with the OMB control number 0910–0303. Also and integrity of electronic signatures Persons with access to the internet include the FDA docket number found based upon use of identification codes may obtain the guidance document at in brackets in the heading of this in combination with passwords. The https://www.fda.gov/Drugs/Guidance document. reporting provision (§ 11.100) requires ComplianceRegulatoryInformation/ persons to certify in writing to FDA that FOR FURTHER INFORMATION CONTACT: Guidances/default.htm, https://www. they will regard electronic signatures Domini Bean, Office of Operations, fda.gov/BiologicsBloodVaccines/ used in their systems as the legally Food and Drug Administration, Three GuidanceComplianceRegulatory binding equivalent of traditional White Flint North, 10A–12M, 11601 Information/Guidances/default.htm, or handwritten signatures. Landsdown St., North Bethesda, MD https://www.regulations.gov. 20852, 301–796–7729, PRAStaff@ The burden created by the Dated: November 20, 2017. fda.hhs.gov. information collection provision of this Leslie Kux, regulation is a one-time burden SUPPLEMENTARY INFORMATION: In associated with the creation of standard Associate Commissioner for Policy. compliance with 44 U.S.C. 3507, FDA operating procedures, validation, and [FR Doc. 2017–25457 Filed 11–24–17; 8:45 am] has submitted the following proposed certification. The Agency anticipates the BILLING CODE 4164–01–P collection of information to OMB for use of electronic media will review and clearance. substantially reduce the paperwork DEPARTMENT OF HEALTH AND Electronic Records; Electronic burden associated with maintaining HUMAN SERVICES Signatures FDA required records. The respondents are businesses and other for-profit OMB Control Number 0910–0303— Food and Drug Administration organizations, State or local Extension governments, Federal Agencies, and nonprofit institutions. [Docket No. FDA–2011–N–0076] This information collection supports FDA regulations; specifically, in part 11 In the Federal Register of June 19, Agency Information Collection (21 CFR part 11), which sets forth 2017 (82 FR 27838), we published a 60- Activities; Submission for Office of criteria for acceptance of electronic day notice requesting public comment Management and Budget Review; records, electronic signatures, and on the proposed extension of this Comment Request; Electronic handwritten signatures executed to collection of information. No comments Signatures electronic records as equivalent to paper were received in response to the records. Under these regulations, information collection topics solicited AGENCY: Food and Drug Administration, records and reports may be submitted to in the notice. However, one comment HHS. FDA electronically provided the Agency was received regarding a related Agency ACTION: Notice. has stated its ability to accept the draft guidance entitled, ‘‘Use of records electronically in an Agency- Electronic Records and Electronic SUMMARY: The Food and Drug established public docket and that the Signatures in Clinical Investigations Administration (FDA) is announcing other requirements of part 11 are met. Under 21 CFR part 11—Questions and that a proposed collection of The recordkeeping provisions in part Answers,’’ and the comment has been information has been submitted to the 11 (§§ 11.10, 11.30, 11.50, and 11.300) directed to the appropriate Agency Office of Management and Budget require the following standard operating components for consideration. (OMB) for review and clearance under procedures to assure appropriate use of, We therefore estimate the burden of the Paperwork Reduction Act of 1995. and precautions for, systems using this collection of information as follows:

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)

11.100 ...... 4,500 1 4,500 1 4,500 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

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TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1

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

11.10 ...... 2,500 1 2,500 20 50,000 11.30 ...... 2,500 1 2,500 20 50,000 11.50 ...... 4,500 1 4,500 20 90,000 11.300 ...... 4,500 1 4,500 20 90,000

Total ...... 280,000 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: November 20, 2017. ADDRESSES: The public workshop will that must be submitted to FDA and all Leslie Kux, be held at the Conference Center at 1777 participating investigators under the Associate Commissioner for Policy. F Street NW., Washington, DC 20006. IND safety reporting regulations at [FR Doc. 2017–25453 Filed 11–24–17; 8:45 am] For additional travel and hotel § 312.32. The focus of this draft BILLING CODE 4164–01–P information, please refer to the guidance is on safety information that is following Web site: https:// only interpretable in the aggregate and healthpolicy.duke.edu/events/fda-ind- therefore, this guidance is most DEPARTMENT OF HEALTH AND safety-reporting-meeting. There will also applicable to late-stage studies and drug HUMAN SERVICES be a live webcast for those unable to development programs that have attend the meeting in person (see multiple studies. This guidance Food and Drug Administration Streaming Webcast of Public contains recommendations on the Workshop). following matters that are most relevant [Docket No. FDA–2015–D–4562] FOR FURTHER INFORMATION CONTACT: to sponsors’ review of aggregate data for IND safety reporting: (1) The entity that Safety Assessment for Investigational Lauren Wedlake, Center for Drug Evaluation and Research, Food and reviews aggregate data, (2) methods for New Drug Safety Reporting; Public aggregate analyses of safety data, (3) Workshop Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6362, maintaining trial integrity while AGENCY: Food and Drug Administration, Silver Spring, MD 20993, 301–796– reviewing unblinded data, and (4) HHS. 2728, [email protected]. reporting criteria. This guidance also contains recommendations regarding ACTION: Notice of public workshop. SUPPLEMENTARY INFORMATION: the development of a plan for safety SUMMARY: The Food and Drug I. Background surveillance, and includes Administration (FDA, the Agency, or The IND safety reporting requirements considerations and recommendations. Timely reporting of meaningful safety we) is announcing the public workshop for human drugs and biological information allows FDA to consider entitled ‘‘Safety Assessment for IND products being studied under an IND whether any changes in study conduct Safety Reporting.’’ Convened by the are stated in § 312.32 (21 CFR 312.32). should be made beyond those initiated Duke-Robert J. Margolis, MD, Center for In 2012, FDA published final guidance by the sponsor and allows investigators Health Policy at Duke University and for industry and investigators regarding to make any needed changes to protect supported by a cooperative agreement implementation of these requirements subjects. Simply reporting all serious with FDA, the purpose of the public entitled ‘‘Safety Reporting Requirements adverse events, however, including workshop is to bring the stakeholder for INDs and BA/BE Studies.1 ’’ During those where there is little reason to community together to discuss a variety the evaluation of comments to the draft of topics related to ‘‘Safety Assessment consider them suspected adverse guidance for industry and investigators reactions (suspected adverse reactions for Investigational New Drug (IND) entitled ‘‘Safety Reporting Requirements Safety Reporting.’’ This public being those with a reasonable possibility for INDs and BA/BE Studies’’ (Docket of having been caused by the drug), does workshop is organized in response to No. FDA–2010–D–0482) and at meetings public comments received to Docket No. not serve this purpose because it may with stakeholders, FDA identified the obscure safety information that is FDA–2015–D–4562 for the draft need for additional guidance on IND relevant to the investigational drug. guidance ‘‘Safety Assessment for IND safety reporting. The draft guidance for Sponsors’ effective processes for a Safety Reporting’’ issued in December industry entitled ‘‘Safety Assessment for systematic approach to safety 2015 requesting a public meeting to IND Safety Reporting’’ was issued in surveillance, coupled with IND safety discuss the draft guidance and its 2 December 2015 as a follow-on to the reporting of suspected adverse reactions implications. The public workshop is guidance for industry and investigators to FDA and all participating intended to engage external entitled ‘‘Safety Reporting Requirements investigators (and subsequent reporting stakeholders in discussions related to for INDs and BA/BE Studies’’ and to involved institutional review boards), finalizing the draft guidance entitled provides recommendations for how allows all parties to focus on important ‘‘Safety Assessment for IND Safety sponsors of INDs can identify and safety issues and to take actions to Reporting.’’ evaluate important safety information minimize the risks of participation in a DATES: The public workshop will be clinical trial. Sponsors are encouraged held on January 11, 2018, from 9 a.m. 1 Available at: https://www.fda.gov/downloads/ to have internal processes for governing Drugs/Guidances/UCM227351.pdf. to 4 p.m., Eastern Time. See the 2 https://www.fda.gov/downloads/Drugs/ the safety surveillance and safety SUPPLEMENTARY INFORMATION section for GuidanceComplianceRegulatoryInformation/ reporting for their development registration date and information. Guidances/UCM477584.pdf. programs. Such process may include

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documenting which adverse events are attending this public workshop must DEPARTMENT OF HEALTH AND anticipated in the population under register online by January 8, 2018, HUMAN SERVICES study and would not likely be reported midnight Eastern Time. Early as a single occurrence, but instead registration is recommended because Health Resources and Services would be evaluated by assessing seating is limited; therefore, FDA may Administration whether there are differences in the rate limit the number of participants from Agency Information Collection of occurrence of such events between each organization. Registrants will those receiving the intervention and the Activities: Proposed Collection: Public receive confirmation when they have Comment Request; Information concurrent or historical control. been accepted. Duke-Margolis will post This public workshop is being held in Collection Request Title: Rural Health on its Web site if registration closes response to public comments received Care Services Outreach Program to Docket No. FDA–2015–D–4562 for before the day of the public workshop. Performance Improvement and the draft guidance entitled ‘‘Safety If you need special accommodations Measurement Systems (PIMS) Assessment for IND Safety Reporting’’ due to a disability, please contact Sarah Measures, OMB No. 0906–0009— issued in December 2015 requesting a Supsiri at the Duke-Margolis Center for Revision public meeting to discuss the draft Health Policy, 202–791–9561, AGENCY: Health Resources and Services guidance recommendations and their [email protected], no later than Administration (HRSA), Department of implications, including the new January 4, 2018. Health and Human Services. recommendations regarding the Streaming Webcast of the Public ACTION: Notice. formation of a safety assessment Workshop: This public workshop will committee and the submission of a SUMMARY: also be webcast; archived video footage In compliance with the portion of the safety surveillance plan to requirement for opportunity for public will be available at the Duke-Margolis the IND before initiating phase 2 or 3 comment on proposed data collection Web site (https://healthpolicy.duke.edu/ studies. The public workshop is projects of the Paperwork Reduction Act intended to engage external events/fda-ind-safety-reporting-meeting) of 1995, HRSA announces plans to stakeholders in discussions related to following the workshop. Organizations submit an Information Collection finalizing the draft guidance entitled are requested to register all participants, Request (ICR), described below, to the ‘‘Safety Assessment for IND Safety but to view using one connection per Office of Management and Budget Reporting.’’ location whenever possible. Webcast (OMB). Prior to submitting the ICR to participants will be sent technical II. Topics for Discussion at the Public OMB, HRSA seeks comments from the system requirements in advance of the Workshop public regarding the burden estimate, event. Prior to joining the streaming below, or any other aspect of the ICR. During the public workshop, speakers webcast of the public workshop, we DATES: Comments on this ICR must be and participants will address a range of recommend that you review these received no later than January 26, 2018. issues related to the draft guidance technical system requirements in ADDRESSES: Submit your comments to ‘‘Safety Assessment for IND Safety advance. Reporting’’, issued in December 2015. [email protected] or mail the HRSA Items for discussion will include topics Transcripts: Please be advised that Information Collection Clearance raised in public comments submitted to transcripts will not be available. Officer, Room 14N39, 5600 Fishers the draft guidance docket, including but FDA has verified the Web site Lane, Rockville, MD 20857. not limited to: The entity that conducts addresses in this document, as of the FOR FURTHER INFORMATION CONTACT: To aggregate analysis of safety data for IND date this document publishes in the request more information on the safety reporting, concerns with Federal Register, but Web sites are proposed project or to obtain a copy of the data collection plans and draft unblinding of data and trial integrity, subject to change over time. methods for determining the threshold instruments, email [email protected] for reporting, and developing and Meeting Materials: All event materials or call Lisa Wright-Solomon, the HRSA documenting a plan for safety will be provided to registered attendees Information Collection Clearance Officer surveillance. Furthermore, input will be via email prior to the workshop and at (301) 443–1984. sought on other factors that drive over- publicly available at the Duke-Margolis SUPPLEMENTARY INFORMATION: When reporting of safety events that do not Web site: https://healthpolicy.duke.edu/ submitting comments or requesting meet the definition of a suspected events/fda-ind-safety-reporting-meeting. information, please include the unexpected serious adverse reaction. Dated: November 20, 2017. information request collection title for reference. Leslie Kux, III. Participating in the Public Information Collection Request Title: Workshop Associate Commissioner for Policy. Rural Health Care Services Outreach Registration: To register for the public [FR Doc. 2017–25454 Filed 11–24–17; 8:45 am] Program Performance Improvement and workshop, please visit the following BILLING CODE 4164–01–P Measurement Systems (PIMS) Measures Web site: https://healthpolicy.duke.edu/ OMB No. 0906–0009 Revision. events/fda-ind-safety-reporting-meeting Abstract: The Rural Health Care and register online by January 8, 2018, Services Outreach (Outreach) Program is midnight Eastern Time. There will be no authorized by Section 330A(e) of the onsite registration. Please provide Public Health Service (PHS) Act (42 complete contact information for each U.S.C. 254c(e)), as amended, to attendee, including name, title, ‘‘promote rural health care services affiliation, address, email, and outreach by expanding the delivery of telephone. health care services to include new and Registration is free and based on enhanced services in rural areas.’’ The space availability, with priority given to goals for the Outreach Program are as early registrants. Persons interested in follows: (1) Expand the delivery of

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health care services in rural (d) sustainability; and (f) project specific Likely Respondents: The respondents communities; (2) deliver health care domains. are award recipients of the Rural Health services through a strong consortium, in There are proposed revisions to the Care Services Outreach Program. which every consortium member currently approved Outreach Program Burden Statement: Burden in this PIMS measures. The proposed Outreach organization is actively involved and context means the time expended by PIMS measures reflect a reduced engaged in the planning and delivery of persons to generate, maintain, retain, number of measures including the services; (3) utilize and/or adapt an disclose, or provide the information following: 16 process measures evidence-based or promising practice requested. This includes the time applicable to all awardees (previously model(s) in the delivery of health care needed to review instructions; to services; and (4) improve population 22), consolidation of the project-specific measures (currently 7, previously 8), develop, acquire, install, and utilize health, demonstrate health outcomes technology and systems for the purpose and sustainability. and 8 clinical measures (previously 9). In addition, the proposed measures of collecting, validating, and verifying Need and Proposed Use of the include the addition of two Centers for information, processing and Information: The PIMS measures for the Disease Control and Prevention (CDC) maintaining information, and disclosing Outreach Program enable HRSA and the calculators: The CDC Heart Age and providing information; to train Federal Office of Rural Health Policy to calculator and the CDC BMI Percentile personnel and to be able to respond to capture awardee-level and aggregate Calculator for Child and Teen. Data for a collection of information; to search data that illustrate the impact and scope both calculators will be collected on an data sources; to complete and review of federal funding. The collection of this aggregate level and only from awardees the collection of information; and to information helps further inform and with applicable projects; the CDC Heart transmit or otherwise disclose the substantiate the focus and objectives of Age calculator is specific to awardees information. The total annual burden the grant program. The measures participating in the Health Improvement hours estimated for this ICR are encompass the following topics: (a) Special Project while the CDC BMI summarized in the table below. Access to care; (b) population calculator is for projects focusing on Total Estimated Annualized Burden demographics; (c) consortium/network; childhood obesity. Hours:

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

Name of instrument ...... 25 1 25 3.0 75.0

Total ...... 25 ...... 25 ...... 75.0

HRSA specifically requests comments AGENCY: Health Resources and Services Information Collection Clearance Officer on: (1) The necessity and utility of the Administration (HRSA), Derpartment of at (301) 443–1984. proposed information collection for the Health and Human Services. SUPPLEMENTARY INFORMATION: When proper performance of the agency’s ACTION: Notice functions; (2) the accuracy of the submitting comments or requesting information, please include the estimated burden; (3) ways to enhance SUMMARY: In compliance with the the quality, utility, and clarity of the information request collection title for requirement for opportunity for public reference, in compliance with Section information to be collected; and (4) the comment on proposed data collection use of automated collection techniques 3506(c)(2)(A) of the Paperwork projects of the Paperwork Reduction Act Reduction Act of 1995. or other forms of information of 1995, HRSA announces plans to technology to minimize the information submit an Information Collection Information Collection Request Title: collection burden. Request (ICR), described below, to the Rural Health Network Development Program OMB No. 0906–0010— Amy McNulty, Office of Management and Budget Revision. Acting Director, Division of the Executive (OMB). Prior to submitting the ICR to Secretariat. OMB, HRSA seeks comments from the Abstract: The purpose of the Rural [FR Doc. 2017–25508 Filed 11–24–17; 8:45 am] public regarding the burden estimate, Health Network Development (RHND) BILLING CODE 4165–15–P below, or any other aspect of the ICR. program is to support mature, integrated DATES: Comments on this Information rural health care networks that have Collection Request must be received no combined the functions of the entities DEPARTMENT OF HEALTH AND later than January 26, 2018. participating in the network in order to HUMAN SERVICES address the health care needs of the ADDRESSES: Submit your comments to targeted rural community. Awarded Health Resources and Services [email protected] or mail the HRSA programs combine the functions of the Administration Information Collection Clearance entities participating in the network to Officer, Room 14N39, 5600 Fishers create innovative solutions to local Agency Information Collection Lane, Rockville, MD 20857. healthcare needs while addressing the Activities: Proposed Collection: Public FOR FURTHER INFORMATION CONTACT: Comment Request To following statutory charges: (i) Achieve request more information on the efficiencies; (ii) expand access, Information Collection Request Title: proposed project or to obtain a copy of coordinate, and improve the quality of Rural Health Network Development the data collection plans and draft essential health care services; and (iii) Program, OMB No. 0906–0010— instruments, email [email protected] strengthen the rural health care system Revision or call Lisa Wright-Solomon, the HRSA as a whole.

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RHND funded programs promote performance measures provide data to persons to generate, maintain, retain, population health management and the program staff and enable HRSA to disclose, or provide the information transition towards value based care provide aggregate program data. These requested. This includes the time through diverse network membership measures cover the principal topic areas needed to review instructions; to that include traditional and non- of interest to the Federal Office of Rural develop, acquire, install, and utilize traditional network partners Health Policy, including: (a) Network technology and systems for the purpose collaborating to address the local infrastructure; (b) sustainability; (c) of collecting, validating and verifying healthcare needs of the targeted community impact; and (d) access and information, processing and community. Evidence of program quality of healthcare. maintaining information, and disclosing effectiveness demonstrated by outcome For this revised ICR, there are and providing information; to train data and program sustainability are proposed changes to several measures personnel and to be able to respond to integral components of the program. that include network infrastructure, a collection of information; to search This is a three-year competitive program sustainability, community impact, and data sources; to complete and review for mature networks composed of at access and quality of healthcare. the collection of information; and to least three members that are separate, Likely Respondents: The respondents transmit or otherwise disclose the existing health care providers entities. are the RHND Program grant recipients. information. The total annual burden Need and Proposed Use of the Burden Statement: Burden in this hours estimated for this ICR are Information: For this program, context means the time expended by summarized in the table below.

TOTAL ESTIMATED ANNUALIZED BURDEN HOURS

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

Performance Improvement and Measurement System (PIMS) Database ...... 51 1 51 6 306

Total ...... 51 ...... 51 ...... 306

HRSA specifically requests comments SUMMARY: In compliance with the Abstract: The Ryan White HIV/AIDS on: (1) The necessity and utility of the requirement for opportunity for public Program’s (RWHAP) client-level data proposed information collection for the comment on proposed data collection reporting system, entitled the RWHAP proper performance of the agency’s projects of the Paperwork Reduction Act Services Report or the Ryan White functions; (2) the accuracy of the of 1995, HRSA announces plans to Services Report (RSR), is designed to estimated burden; (3) ways to enhance submit an Information Collection collect information from grant the quality, utility, and clarity of the Request (ICR), described below, to the recipients, as well as their information to be collected; and (4) the Office of Management and Budget subcontracted service providers, funded use of automated collection techniques (OMB). Prior to submitting the ICR to under Parts A, B, C, and D of the or other forms of information OMB, HRSA seeks comments from the RWHAP legislation. The RWHAP, technology to minimize the information public regarding the burden estimate, authorized under Title XXVI of the collection burden. below, or any other aspect of the ICR. Public Health Service Act, as amended Amy McNulty, DATES: Comments on this ICR should be by the Ryan White HIV/AIDS Treatment received no later than January 26, 2018. Extension Act of 2009, is administered Acting Director, Division of the Executive Secretariat. ADDRESSES: Submit your comments to by the HIV/AIDS Bureau (HAB) within the Health Resources and Services [FR Doc. 2017–25509 Filed 11–24–17; 8:45 am] [email protected] or mail the HRSA Information Collection Clearance Administration (HRSA). The RWHAP BILLING CODE 4165–15–P Officer, Room 14N39, 5600 Fishers awards funding to recipients to respond Lane, Rockville, MD 20857. effectively to the changing HIV DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: To epidemic, with an emphasis on HUMAN SERVICES request more information on the providing life-saving and life-extending proposed project or to obtain a copy of services for people living with HIV in Health Resources and Services the data collection plans and draft the United States, as well as to target Administration instruments, email [email protected] resources to areas that have the greatest or call Lisa Wright-Solomon, the HRSA needs. Agency Information Collection Information Collection Clearance Officer Need and Proposed Use of the Activities: Proposed Collection: Public at (301) 443–1984. Information: All Parts of the RWHAP Comment Request Information SUPPLEMENTARY INFORMATION: When specify HRSA’s responsibilities in Collection Request Title: Ryan White submitting comments or requesting administering grant funds, allocating HIV/AIDS Program Client-Level Data information, please include the funding, assessing HIV care outcomes Reporting System, OMB No. 0906– information request collection title for (e.g., viral suppression) and populations XXXX—New reference, pursuant to Section served. The RSR will collect data on the AGENCY: Health Resources and Services 3506(c)(2)(A), the Paperwork Reduction characteristics of RWHAP-funded Administration (HRSA), Department of Act of 1995. recipients, their contracted service Health and Human Services. Information Collection Request Title: providers, and the patients or clients Client-Level Data Reporting System served. The RSR system will consist of ACTION: Notice. OMB No. 0906–XXXX—New. two online data forms, the Recipient

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Report and the Service Provider Report, These revisions will account for Likely Respondents: RWHAP Part A, as well as a data file containing the significant modifications to several Part B, Part C, and Part D recipients and client-level data elements. Data will be variables within the client report and their contracted service providers. submitted annually. The RWHAP XML file, which will improve data Burden Statement: Burden in this statute specifies the importance of quality and align data collection efforts context means the time expended by recipient accountability and linking with recent Policy Clarification Notices persons to generate, maintain, retain, performance to budget. The RSR will be (PCN 16–02). HRSA will continue to disclose, or provide the information used to ensure recipient compliance collect and report the client-level data requested. This includes the time with the law, including evaluating the elements supplied by the existing ICR needed to review instructions; to effectiveness of programs, monitoring through 2019. In 2019, the existing ICR develop, acquire, install, and utilize recipient and provider performance, and will expire and HRSA will collect and informing annual reports to Congress. technology and systems for the purpose report on the data elements defined in Information collected through the RSR of collecting, validating, and verifying the new ICR. While there will be no will be critical for HRSA, state and local information, processing and grant recipients, and individual overlap in the data collected and maintaining information, and disclosing providers to assess the status of existing reported between the existing and new and providing information; to train HIV-related service delivery systems, ICR, HRSA is submitting this new ICR personnel and to be able to respond to assess trends in service utilization, in tandem with the existing ICR to allow a collection of information; to search assess the impact of data reporting and recipients the ability to make data sources; to complete and review identify areas of greatest need. modifications to their RSR systems the collection of information; and to This new ICR is being developed to between the two reporting periods, and transmit or otherwise disclose the replace the existing ICR (OMB control continue to collect and report on both information. The total annual burden number 0915–0323), for which HRSA the old and new variables without hours estimated for this ICR are has collected RSR data since 2009. interruption. summarized in the table below.

TOTAL ESTIMATED ANNUALIZED BURDEN HOURS

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

Grantee Report ...... 595 1 595 7 4,165 Provider Report ...... 1793 1 1793 17 30,481 Client Report ...... 1,312 1 1,312 67 87,904

Total ...... 3,700 ...... 3,700 ...... 122,550

HRSA specifically requests comments DEPARTMENT OF HEALTH AND ADDRESSES: Submit your comments to on (1) the necessity and utility of the HUMAN SERVICES [email protected] or mail the HRSA proposed information collection for the Information Collection Clearance proper performance of the agency’s Health Resources and Services Officer, Room 14N39, 5600 Fishers functions, (2) the accuracy of the Administration Lane, Rockville, MD 20857. FOR FURTHER INFORMATION CONTACT: To estimated burden, (3) ways to enhance Agency Information Collection request more information on the the quality, utility, and clarity of the Activities: Proposed Collection: Public proposed project or to obtain a copy of information to be collected, and (4) the Comment Request; Information the data collection plans and draft use of automated collection techniques Collection Request Title: NURSE Corps instruments, email [email protected] or other forms of information Loan Repayment Program OMB No. or call Lisa Wright-Solomon, the HRSA technology to minimize the information 0915–0140—Revision collection burden. Information Collection Clearance Officer AGENCY: Health Resources and Services at (301) 443–1984. Amy McNulty, Administration (HRSA), Department of SUPPLEMENTARY INFORMATION: When Acting Director, Division of the Executive Health and Human Services. submitting comments or requesting Secretariat. ACTION: Notice. information, please include the ICR title [FR Doc. 2017–25510 Filed 11–24–17; 8:45 am] for reference. SUMMARY: In compliance with the BILLING CODE 4165–15–P Information Collection Request Title: requirement for opportunity for public NURSE Corps Loan Repayment Program comment on proposed data collection OMB No. 0915–0140–Revision. projects of the Paperwork Reduction Act Abstract: The NURSE Corps Loan of 1995, HRSA announces plans to Repayment Program (NURSE Corps submit an Information Collection LRP) assists in the recruitment and Request (ICR), described below, to the retention of professional Registered Office of Management and Budget Nurses (RNs) by decreasing the financial (OMB). Prior to submitting the ICR to barriers associated with pursuing a OMB, HRSA seeks comments from the nursing education. RNs in this instance public regarding the burden estimate, include advanced practice RNs (e.g., below, or any other aspect of the ICR. nurse practitioners, certified registered DATES: Comments on this ICR should be nurse anesthetists, certified nurse- received no later than January 26, 2018. midwives, and clinical nurse

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specialists) dedicated to working at employment information about the develop, acquire, install, and utilize eligible health care facilities with a participant to determine if a participant technology and systems for the purpose critical shortage of nurses (i.e., a Critical is in compliance with the program’s of collecting, validating, and verifying Shortage Facility) or working as nurse service requirements. The Authorization information, processing and faculty in eligible, accredited schools of to Release Employment Information maintaining information, and disclosing nursing. The NURSE Corps LRP Form is now a self-certification within and providing information; to train provides loan repayment assistance to the NURSE Corps LRP application personnel and to be able to respond to these nurses to repay a portion of their process, with applicants clicking a box. a collection of information; to search qualifying educational loans in This revision to the clearance package data sources; to complete and review exchange for full-time service at a will incorporate two new forms for the collection of information; and to public or private nonprofit Critical participants: (1) The CSF Verification transmit or otherwise disclose the Shortage Facility (CSF) or in an eligible, Form, which is used to verify transfers information. The total annual burden accredited school of nursing. to critical shortage facilities not already hours estimated for this ICR are recorded in the online portal; and (2) Need and Proposed Use of the summarized in the table below. The the NURSE Corps Nurse Faculty change in the Authorization to Release Information: The need and purpose of Employment Verification Form, which Employment Information Form has this information collection is to obtain asks for personal and employment reduced the time necessary for information regarding NURSE Corps information to specifically determine if applicants to complete the form from an LRP applicants and participants to be nurse faculty participants are eligible to estimated six minutes to around one used to consider an applicant for a transfer to another approved accredited minute for online applicants. This NURSE Corps LRP contract award and school of nursing. decreases the overall time burden by to monitor a participant’s compliance Likely Respondents: Professional RNs eliminating a form and not increasing with the program’s service or advanced practice RNs who are the ‘‘average’’ time required to complete requirements. Individuals must submit interested in participating in the NURSE the NURSE Corps LRP application. Most an application in order to participate in Corps LRP, and official representatives applicants fill this form out online by the program. The application asks for at their service sites. checking a box, bypassing the need for personal, professional, educational, and Burden Statement: Burden in this the physical form. financial information required to context means the time expended by determine the applicant’s eligibility to persons to generate, maintain, retain, Total Estimated Annualized Burden participate in the NURSE Corps LRP. disclose, or provide the information Hours: The Semi-Annual Employment requested. This includes the time The estimates of reporting burden for Verification Form asks for personal and needed to review instructions; to Applicants are as follows:

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

NURSE Corps LRP Application * ...... 5,500 1 5,500 2.0 11,000 Authorization to Release Employment Information Form ** 5,500 1 5,500 .10 550

Total for Applicants ...... 5,500 1 11,000 2.10 11,550 * The burden hours associated with this instrument account for both new and continuation applications. Additional (uploaded) supporting docu- mentation is included as part of this instrument and reflected in the burden hours. ** The same respondents are completing these instruments.

The estimates of reporting for Participants are as follows:

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

Participant Semi-Annual Employment Verification Form ..... 2,300 2 4,600 .5 2,300 NURSE Corps CSF ...... Verification Form ...... 550 1 550 .10 55 NURSE Corps Nurse Faculty Employment Verification Form ...... 250 1 250 .20 50

Total for Participants ...... 3,100 4 5,400 .8 2,405

Total for Applicants and Participants ...... 8,600 ...... 16,400 ...... *13,955 * The 13,955 figure is a combination of burden hours for applicants and participants. This revision adds two forms (the CSF Verification Form and NURSE Corps Nurse Faculty Employment Verification Form). Participants, not applicants, only use these forms. The 13,955 total burden hours represents the net decrease in applicant burden, and the net increase in participant burden.

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HRSA specifically requests comments syndrome (ME/CFS). The issues can Dated: November 17, 2017. on (1) the necessity and utility of the include factors affecting access and care Gustavo Ceinos, proposed information collection for the for persons with ME/CFS; the science CDR, USPHS, Designated Federal Officer, proper performance of the agency’s and definition of ME/CFS; and broader Chronic Fatigue Syndrome Advisory functions, (2) the accuracy of the public health, clinical, research, and Committee. estimated burden, (3) ways to enhance educational issues related to ME/CFS. [FR Doc. 2017–25550 Filed 11–24–17; 8:45 am] the quality, utility, and clarity of the BILLING CODE 4150–42–P The agenda for this meeting, call-in information to be collected, and (4) the use of automated collection techniques information and location will be posted or other forms of information on the CFSAC Web site http:// DEPARTMENT OF HEALTH AND technology to minimize the information www.hhs.gov/ash/advisory-committees/ HUMAN SERVICES collection burden. cfsac/meetings/index.html. Request to speak to the committee: Office of the Secretary Amy McNulty, Each day of the meeting an hour has Acting Director, Division of the Executive Findings of Research Misconduct Secretariat. been scheduled for public comments via telephone or in person. Individuals will AGENCY: Office of the Secretary, HHS. [FR Doc. 2017–25507 Filed 11–24–17; 8:45 am] have three minutes to present their ACTION: Notice. BILLING CODE 4165–15–P comments. Priority will be given to Notice is hereby given that the Office individuals who have not provided of Research Integrity (ORI) has taken DEPARTMENT OF HEALTH AND public comment within the previous final action in the following case: HUMAN SERVICES twelve months. We are unable to place Mahandranauth Chetram, Ph.D., international calls for public comments. Georgetown University and Emory Meeting of the Chronic Fatigue To request a time slot for public School of Medicine: Based on the report Syndrome Advisory Committee comments, please send an email to of an investigation conducted by AGENCY: Office of the Assistant [email protected] by close of business on Georgetown University (GU), Secretary for Health, Office of the Monday, November 27, 2017. The email Respondent’s admission at Emory Secretary, Department of Health and should contain the speaker’s name and School of Medicine (ESOM), and Human Services. the phone number that will be used for additional analysis conducted by ORI in its oversight review, ORI found that Dr. ACTION: Notice. public comments. Mahandranauth Chetram, former An email from the CFSAC Support postdoctoral fellow, Department of SUMMARY: As stipulated by the Federal Team will be sent back to you Advisory Committee Act, the U.S. Oncology, GU, and former postdoctoral confirming receipt of your request. If the fellow, Department of Pediatrics, ESOM, Department of Health and Human email confirmation is not received Services (HHS) is hereby giving notice engaged in research misconduct in within two working days, please call that a meeting of the Chronic Fatigue research supported by National Cancer 202–690–7650. Syndrome Advisory Committee Institute (NCI), National Institutes of (CFSAC) will take place and will be Request to provide written comments: Health (NIH), grants R01 CA113447, R01 open to the public. Individuals who would like to provide CA092306, and T32 CA09686 while at GU, and National Institute of Diabetes DATES: The CFSAC in person meeting only written testimony to the Committee will be held on Wednesday, December members and do not wish to speak, and Digestive and Kidney Diseases 13, 2017, from 9:00 a.m. until 3:30 p.m. should indicate so in their email when (NIDDK), NIH, grant R01 DK059380 and Thursday, December 14, 2017, from submitting their written testimony. It is while at ESOM. ORI found that Respondent engaged 9:00 a.m. until 5:00 p.m. (EST). preferred, but not required, that the in research misconduct at GU by submitted testimony be prepared in ADDRESSES: U.S. Department of Health falsifying Western blot images and and Human Services, Hubert H. digital format and typed using a 12- polymerase chain reaction (PCR) data Humphrey Building, Room 800, 200 pitch font. Written comments must not included in an unfunded grant Independence Avenue SW., exceed 5 single-space pages, and it is application, R01 CA193344–01A1, and Washington, DC 20201. preferred, but not required that the in a manuscript submitted to Cancer FOR FURTHER INFORMATION CONTACT: document be prepared in the MS Word Cell (‘‘The DNA Repair Protein, NTHL1 Commander Gustavo Ceinos, MPH, format. Please note that PDF files, Functions as an Oncoprotein by Designated Federal Officer, Chronic handwritten notes, charts, and Activating the Canoncial Wnt Pathway.’’ Fatigue Syndrome Advisory Committee, photographs cannot be accepted. Submitted to Cancer Cell; hereafter Department of Health and Human Materials submitted should not include referred to as the ‘‘Cancer Cell Services, 200 Independence Avenue sensitive personal information, such as manuscript’’). Subsequently, after SW., Room 728F6, Washington, DC social security number, birthdates, Respondent was aware of the research 20201. Please direct all inquiries to driver’s license number, passport misconduct findings from GU, [email protected] or 202–690–7650. number, financial account number, or Respondent engaged in research SUPPLEMENTARY INFORMATION: The credit or debit card number. If you wish misconduct at ESOM and falsified RT– CFSAC is authorized under 42 U.S.C. to remain anonymous please specify PCR data on Excel spreadsheets in the 217a, Section 222 of the Public Health this in your email, otherwise your name research record and in a figure Service Act, as amended. The purpose will be included at the top of your generated from the false data included of the CFSAC is to provide advice and written comments. in a manuscript submitted to and recommendations to the Secretary of withdrawn from Scientific Reports Health and Human Services, through The Committee welcomes input on (‘‘Immipramine Blue Sensitively and the Assistant Secretary for Health any topic related to ME/CFS. Selectively Targets FLT3–ITD Positive (ASH), on issues related to myalgic Acute Myeloid Leukemia Cells.’’ encephalomyelitis/chronic fatigue Scientific Reports 7(1):4447, 2017 June

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30; doi:10.1038/s41598–017–04796–1. DEPARTMENT OF HEALTH AND Dated: November 20, 2017. PMID: 28667329. Submitted to HUMAN SERVICES Natasha M. Copeland, Scientific Reports [withdrawn]; Program Analyst, Office of Federal Advisory hereafter referred to as the ‘‘Scientific National Institutes of Health Committee Policy. Reports manuscript’’). [FR Doc. 2017–25449 Filed 11–24–17; 8:45 am] National Eye Institute; Notice of BILLING CODE 4140–01–P Specifically, ORI found: Meeting • While at GU, Respondent falsified Western blot images and qPCR Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND experiments examining mechanisms Federal Advisory Committee Act, as HUMAN SERVICES underlying the hypothesis that the DNA amended, notice is hereby given of a repair protein, NTHL–1, regulates meeting of the National Advisory Eye National Institutes of Health wingless signaling in cancer cells. False Council. National Institute of Environmental Western blot images were included in The meeting will be open to the Health Sciences; Notice of Closed Figures 6A and S7L in the Cancer Cell public as indicated below, with Meetings manuscript, and the same Figure 6A attendance limited to space available. was included as Figure 8A in grant Individuals who plan to attend and Pursuant to section 10(d) of the application R01 CA193344–01A1. False need special assistance, such as sign Federal Advisory Committee Act, as qPCR data were included in Figures 3F language interpretation or other amended, notice is hereby given of the and 5D in the Cancer Cell manuscript reasonable accommodations, should following meetings. and Figures 5C (MCF7 panel) and 5E of notify the Contact Person listed below The meetings will be closed to the grant application R01 CA193344–01A1. in advance of the meeting. public in accordance with the provisions set forth in sections • The meeting will be closed to the While at ESOM, Respondent 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., public in accordance with the falsified data on Excel spreadsheets for as amended. The grant applications and provisions set forth in sections eight (8) RT–PCR experiments the discussions could disclose 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., measuring the expression of various confidential trade secrets or commercial as amended. The grant applications genes in leukemia cell lines and property such as patentable material, and/or contract proposals and the included false data in the Scientific and personal information concerning discussions could disclose confidential Reports manuscript. individuals associated with the grant trade secrets or commercial property applications, the disclosure of which Dr. Chetram entered into a Voluntary such as patentable material, and would constitute a clearly unwarranted Exclusion Agreement and voluntarily personal information concerning invasion of personal privacy. agreed for a period of three (3) years, individuals associated with the grant beginning on October 19, 2017: applications and/or contract proposals, Name of Committee: National Institute of Environmental Health Sciences Special (1) To exclude himself from any the disclosure of which would constitute a clearly unwarranted Emphasis Panel, SBIR E-Learning Review. contracting or subcontracting with any Date: December 4, 2017. agency of the United States Government invasion of personal privacy. Time: 11:00 a.m. to 4:30 p.m. and from eligibility for or involvement Name of Committee: National Advisory Agenda: To review and evaluate grant in nonprocurement programs of the Eye Council. applications. Date: January 18, 2018. Place: NIEHS/National Institutes of Health, United States Government referred to as Keystone Building, 530 Davis Drive, Room Open: 8:30 a.m. to 1:00 p.m. ‘‘covered transactions’’ pursuant to 3118, Research Triangle Park, NC 27709 HHS’ Implementation (2 CFR part 376 et Agenda: Following opening remarks by the (). seq.) of OMB Guidelines to Agencies on Director, NEI, there will be presentations by Contact Person: Janice B Allen, Ph.D., Governmentwide Debarment and the staff of the institute and discussions Scientific Review Officer, Scientific Review Suspension, 2 CFR part 180 (collectively concerning Institute programs. Branch, Division of Extramural Research and Place: Fishers Lane Conference Center, Training, Nat. Institute of Environmental the ‘‘Debarment Regulations’’); and Terrace Level, 5635 Fishers Lane, Rockville, Health Science, P. O. Box 12233, MD EC–30/ (2) To exclude himself voluntarily MD 20852. Room 3170, B Research Triangle Park, NC from serving in any advisory capacity to Closed: 1:00 p.m. to 5:00 p.m. 27709, 919/541–7556, [email protected]. PHS including, but not limited to, Agenda: To review and evaluate grant This notice is being published less than 15 days prior to the meeting due to the timing applications. service on any PHS advisory committee, limitations imposed by the review and board, and/or peer review committee, or Place: Fishers Lane Conference Center, funding cycle. Terrace Level, 5635 Fishers Lane, Rockville, as a consultant. Name of Committee: National Institute of MD 20852. FOR FURTHER INFORMATION CONTACT: Environmental Health Sciences Special Contact Person: Paul A. Sheehy, Ph.D., Emphasis Panel Assay Development: Director, Office of Research Integrity, Executive Secretary, Division of Extramural Toxicity Testing with Differentiated Cells 1101 Wootton Parkway, Suite 750, Affairs, National Eye Institute, National Special Emphasis Panel Review. Rockville, MD 20852, (240) 453–8200. Institutes of Health, 5635 Fishers Lane, Suite Date: December 5, 2017. 12300, Bethesda, MD 20892, 301–451–2020, Time: 8:00 a.m. to 5:00 p.m. Kathryn M. Partin, [email protected]. Agenda: To review and evaluate grant Director, Office of Research Integrity. Information is also available on the applications. [FR Doc. 2017–25549 Filed 11–24–17; 8:45 am] Institute’s/Center’s home Place: NIEHS/National Institutes of Health, Keystone Building, 530 Davis Drive, Research BILLING CODE 4150–31–P page:www.nei.nih.gov, where an agenda and any additional information for the meeting Triangle Park, NC 27713 (Virtual Meeting). Contact Person: Leroy Worth, Ph.D., will be posted when available. Scientific Review Officer, Scientific Review (Catalogue of Federal Domestic Assistance Branch, Division of Extramural Research and Program Nos. 93.867, Vision Research, Training, Nat. Institute of Environmental National Institutes of Health, HHS) Health Sciences, P. O. Box 12233, MD EC–

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30/Room 3171, Research Triangle Park, NC DEPARTMENT OF HEALTH AND government-issued photo ID, driver’s license, 27709, (919) 541–0670, [email protected]. HUMAN SERVICES or passport) and to state the purpose of their This notice is being published less than 15 visit. days prior to the meeting due to the timing National Institutes of Health (Catalogue of Federal Domestic Assistance limitations imposed by the review and Program Nos. 93.855, Allergy, Immunology, funding cycle. National Institute of Allergy and and Transplantation Research; 93.856, Infectious Diseases; Notice of Microbiology and Infectious Diseases Name of Committee: National Institute of Research, National Institutes of Health, HHS) Environmental Health Sciences Special Meetings Dated: November 17, 2017. Emphasis Panel NIH Support for Conferences Pursuant to section 10(a) of the and Scientific Meetings (Parent R13). Federal Advisory Committee Act, as Natasha M. Copeland, Date: December 5, 2017. amended, notice is hereby given of Program Analyst, Office of Federal Advisory Time: 10:30 a.m. to 4:00 p.m. meetings of the AIDS Research Advisory Committee Policy. Agenda: To review and evaluate grant Committee, NIAID. [FR Doc. 2017–25450 Filed 11–24–17; 8:45 am] applications. The meetings will be open to the BILLING CODE 4140–01–P Place: NIEHS/National Institutes of Health, public, with attendance limited to space Keystone Building, 530 Davis Drive, Research available. Individuals who plan to Triangle Park, NC 27713 (Teleconference). attend and need special assistance, such INTER-AMERICAN FOUNDATION Contact Person: RoseAnne M McGee, as sign language interpretation or other Associate Scientific Review Officer, reasonable accommodations, should Sunshine Act Meetings Scientific Review Branch, Division of notify the Contact Person listed below Extramural Research and Training, Nat. in advance of the meeting. TIME AND DATE: November 28, 2017, Institute of Environmental Health Sciences, 11:00 a.m.–12:30 p.m. Name of Committee: AIDS Research P.O. Box 12233, MD EC–30, Research PLACE: Via tele-conference hosted at Triangle Park, NC 27709, (919) 541–0752, Advisory Committee, NIAID. Date: January 29, 2018. Inter-American Foundation, 1331 [email protected]. Time: 1:00 p.m. to 5:00 p.m. Pennsylvania Ave., Suite 1200, NW., This notice is being published less than 15 Agenda: Reports from the Division Director Washington, DC 20004. days prior to the meeting due to the timing and other staff. STATUS: limitations imposed by the review and Meeting of the Board of Place: National Institutes of Health, Directors, Open to the public. funding cycle. Natcher Building, Conference Rooms E1/E2, Name of Committee: National Institute of 45 Center Drive, Bethesda, MD 20892. MATTERS TO BE CONSIDERED: D Environmental Health Sciences Special Contact Person: Mark A. Mueller, FY19 Budget Submission Emphasis Panel Mechanism for Time- Executive Secretary, AIDS Research Advisory FOR DIAL–IN INFORMATION CONTACT: Karen Committee, Division of AIDS, NIAID/NIH, Sensitive Research Opportunities In Vargas, Executive Assistant, (202) 524– 5601 Fishers Lane, RM 8D39 Bethesda, MD 8869. Environmental Health Sciences (R21). 20892, 301–402–2308, mark.mueller@ Date: December 13, 2017. nih.gov. CONTACT PERSON FOR MORE INFORMATION: Time: 11:00 a.m. to 1:00 p.m. Name of Committee: AIDS Research Paul Zimmerman, General Counsel, Agenda: To review and evaluate grant Advisory Committee, NIAID. (202) 683–7118. applications. Date: June 4, 2018. Place: NIEHS/National Institutes of Health, Time: 1:00 p.m. to 5:00 p.m. Paul Zimmerman, Keystone Building, 530 Davis Drive, Room Agenda: Reports from the Division Director General Counsel. 1002, Research Triangle Park, NC 27709 and other staff. [FR Doc. 2017–25730 Filed 11–22–17; 5:10 pm] (Teleconference). Place: National Institutes of Health, BILLING CODE 7025–01–P Contact Person: Laura A. Thomas, Ph.D., Natcher Building, Conference Rooms E1/E2 Scientific Review Officer, Scientific Review 45, Center Drive, Bethesda, MD 20892. Contact Person: Mark A. Mueller, Branch, Division of Extramural Research and Executive Secretary, AIDS Research Advisory DEPARTMENT OF THE INTERIOR Training, National Institute of Environmental Committee, Division of AIDS, NIAID/NIH, Health Sciences, Research Triangle Park, NC 5601 Fishers Lane, RM 8D39 Bethesda, MD Fish and Wildlife Service 27709, 919–541–2824, laura.thomas@ 20892, 301–402–2308, mark.mueller@ [FWS–HQ–MB–2017–N152; 91100–3740– nih.gov. nih.gov. GRNT 7C] (Catalogue of Federal Domestic Assistance Name of Committee: AIDS Research Program Nos. 93.115, Biometry and Risk Advisory Committee, NIAID. Announcement of Public Meetings: Estimation—Health Risks from Date: September 17, 2018. North American Wetlands Environmental Exposures; 93.142, NIEHS Time: 1:00 p.m. to 5:00 p.m. Conservation Council; Advisory Group Hazardous Waste Worker Health and Safety Agenda: Reports from the Division Director and other staff. for the Neotropical Migratory Bird Training; 93.143, NIEHS Superfund Place: National Institutes of Health, Conservation Act Hazardous Substances—Basic Research and Natcher Building, Conference Rooms E1/E2, Education; 93.894, Resources and Manpower 45 Center Drive, Bethesda, MD 20892. AGENCY: Fish and Wildlife Service, Development in the Environmental Health Contact Person: Mark A. Mueller, Interior. Sciences; 93.113, Biological Response to Executive Secretary, AIDS Research Advisory ACTION: Notice of meetings. Environmental Health Hazards; 93.114, Committee, Division of AIDS, NIAID/NIH, Applied Toxicological Research and Testing, 5601 Fishers Lane, RM 8D39, Bethesda, MD SUMMARY: The North American National Institutes of Health, HHS) 20892, 301–402–2308, mark.mueller@ Wetlands Conservation Council nih.gov. (Council) will meet to select North Dated: November 20, 2017. In the interest of security, NIH has American Wetlands Conservation Act Natasha M. Copeland, instituted stringent procedures for entrance (NAWCA) grant proposals for Program Analyst, Office of Federal Advisory onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles recommendation to the Migratory Bird Committee Policy. will be inspected before being allowed on Conservation Commission [FR Doc. 2017–25451 Filed 11–24–17; 8:45 am] campus. Visitors will be asked to show one (Commission). The Council will BILLING CODE 4140–01–P form of identification (for example, a consider Canada, Mexico, and U.S.

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Standard grant proposals. The Advisory Conservation Commission. NAWCA Acrobat PDF, MS Word, MS Group for the Neotropical Migratory provides matching grants to PowerPoint, or rich text file). Bird Conservation Act (NMBCA) grants organizations and individuals who have Giving an Oral Presentation program (Advisory Group) also will developed partnerships to carry out meet. The Advisory Group will discuss wetlands conservation projects in the Individuals or groups requesting to the strategic direction and management United States, Canada, and Mexico. make an oral presentation at the of the NMBCA program. Both meetings These projects must involve long-term meetings will be limited to 2 minutes are open to the public, and interested protection, restoration, and/or per speaker, with no more than a total persons may present oral or written enhancement of wetlands and of 30 minutes for all speakers. Interested statements. associated uplands habitats for the parties should contact the Council/ DATES: benefit of all wetlands-associated Advisory Group Coordinator, by the Council: December 13, 2017, from migratory birds. Project proposal due date specified above in DATES, in writing 8:30 a.m. to 4:30 p.m. Eastern Standard dates, application instructions, and (preferably via email; see FOR FURTHER Time. eligibility requirements are available on INFORMATION CONTACT) to be placed on Advisory Group: December 12, 2017, the NAWCA Web site at www.fws.gov/ the public speaker list for the meetings. from 8:30 a.m. to 4:30 p.m. Eastern birds/grants/north-american-wetland- Nonregistered public speakers will not Standard Time. conservation-act.php. be considered during the Council or Attendance: To attend either or both Advisory Group meeting. Registered meetings, contact the Council/Advisory About the Advisory Group speakers who wish to expand upon their Group Coordinator (see FOR FURTHER In accordance with Neotropical oral statements, or those who had INFORMATION CONTACT) no later than Migratory Bird Conservation Act (Pub. wished to speak but could not be December 5, 2017. L. 106–247, 114 Stat. 593, July 20, 2000; accommodated on the agenda, are Presenting Information: If you are NMBCA), the Advisory Group will hold invited to submit written statements to interested in presenting information, its meeting to discuss the strategic the Council or Advisory Group within contact the Council/Advisory Group direction and management of the 30 days following the meeting. Coordinator no later than December 5, NMBCA program and provide advice to Meeting Minutes 2017. the Director of the Fish and Wildlife Submitting Information: To submit Summary minutes of the Council and Service. NMBCA promotes long-term written information or questions before Advisory Group meetings will be conservation of neotropical migratory the Council or Advisory Group meeting maintained by the Council/Advisory birds and their habitats through a for consideration during the meeting, Group Coordinator at the address under competitive grants program by contact the Council/Advisory Group FOR FURTHER INFORMATION CONTACT. promoting partnerships, encouraging Coordinator no later than December 5, Meeting notes will be available by local conservation efforts, and achieving 2017. contacting the Council/Advisory Group habitat protection in 36 countries. The Coordinator within 30 days following ADDRESSES: The Council and Advisory goals of NMBCA include perpetuating the meeting. Personal copies may be Group meetings will take place at the healthy bird populations, providing purchased for the cost of duplication. National Fish and Wildlife Foundation, financial resources for bird Authority: We issue this notice under 1133 15th Street NW., Suite 1000, conservation, and fostering international the authority of NAWCA (Pub. L. 101– Washington, DC 20005. cooperation. Because the greatest need 233, 103 Stat. 1968, December 13, 1989, FOR FURTHER INFORMATION CONTACT: is south of the U.S. border, at least 75 as amended). Sarah Mott, Council/Advisory Group percent of NMBCA funding supports Coordinator, by phone at 703–358–1784; projects outside the United States. Dated: November 20, 2017. by email at [email protected]; or by U.S. Project proposal due dates, application Michael Johnson, mail at U.S. Fish and Wildlife Service, instructions, and eligibility Deputy Assistant Director, Migratory Birds. 5275 Leesburg Pike, MS: MB, Falls requirements are available on the [FR Doc. 2017–25477 Filed 11–24–17; 8:45 am] Church, VA 22041. Persons who use a NMBCA Web site at http://www.fws. BILLING CODE 4333–15–P telecommunications device for the deaf gov/birds/grants/neotropical-migratory- (TDD) may call the Federal Relay bird-conservation-act.php. Service (FRS) at 1–800–877–8339 DEPARTMENT OF THE INTERIOR during normal business hours. Also, Public Input FRS is available 24 hours a day, 7 days Submitting Written Information or Fish and Wildlife Service a week, to leave a message or question. Questions You will receive a reply during normal [Docket No. FWS–HQ–IA–2017–0078; business hours. Interested members of the public may FXIA16710900000–156–FF09A30000] SUPPLEMENTARY INFORMATION: submit relevant information or Foreign Endangered Species; Issuance questions to be considered during the of Permits About the Council public meetings. If you wish to make In accordance with the North information available to the Council or AGENCY: Fish and Wildlife Service, American Wetlands Conservation Act Advisory Group for their consideration Interior. (Pub. L. 101–233, 103 Stat. 1968, prior to the meeting, you must contact ACTION: Notice of issuance of permits. December 13, 1989, as amended; the Council/Advisory Group NAWCA), the State-private-Federal Coordinator by the date in DATES. SUMMARY: We, the U.S. Fish and North American Wetlands Conservation Written statements must be supplied to Wildlife Service (Service), have issued Council (Council) meets to consider the Council/Advisory Group the following permits to conduct certain wetland acquisition, restoration, Coordinator in both of the following activities with endangered species, enhancement, and management projects formats: One hard copy with original marine mammals, or both. We issue for recommendation to, and final signature and one electronic copy via these permits under the Endangered funding approval by, the Migratory Bird email (acceptable file formats are Adobe Species Act (ESA).

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ADDRESSES: Documents and other Federal Register notice that announced provisions of the ESA, as amended (16 information submitted with these our receipt of the application for each U.S.C. 1531 et seq.), we issued applications are available for review, permit listed in this document, go to requested permits subject to certain subject to the requirements of the www.regulations.gov and search on the conditions set forth therein. For each Privacy Act and Freedom of Information permit number provided in the tables in permit for an endangered species, we Act, by any party who submits a written SUPPLEMENTARY INFORMATION. found that (1) the application was filed request for a copy of such documents to FOR FURTHER INFORMATION CONTACT: in good faith, (2) the granted permit the U.S. Fish and Wildlife Service, Joyce Russell, (703) 358–2023 would not operate to the disadvantage Division of Management Authority, (telephone); (703) 358–2281 (fax); or of the endangered species, and (3) the Branch of Permits, MS: IA, 5275 [email protected] (email). granted permit would be consistent with Leesburg Pike, Falls Church, VA 22041; SUPPLEMENTARY INFORMATION: On the the purposes and policy set forth in fax (703) 358–2281. To locate the dates below, as authorized by the section 2 of the ESA.

ENDANGERED SPECIES

Permit Permit No. Applicant Receipt of application Federal Register notice issuance date

23963c ...... Janis Maund ...... 82 FR 28348; June 21, 2017 ...... 8/29/2017 32538C ...... Amanda Henson ...... 82 FR 35817; August 1, 2017 ...... 9/14/2017 31910C ...... Zoological Society of Philadelphia ...... 82 FR 37603; August 11, 2017 ...... 9/15/2017 700877 ...... Bishop Museum ...... 82 FR 32374; July 13, 2017 ...... 9/19/2017 64738A ...... Palfam Ranch ...... 82 FR 35817; August 1, 2017 ...... 9/22/2017 14837C ...... Temple ...... 82 FR 28348; June 21, 2017 ...... 9/13/2017 66306A ...... Wildwood Wildlife Park and Nature Center, Inc ...... 82 FR 33924; July 21, 2017 ...... 9/28/2017

Availability of Documents SUMMARY: In compliance with the DATES: Comments for input into the Documents and other information National Environmental Policy Act of Supplemental EIS may be submitted in submitted with these applications are 1969, as amended (NEPA), and the writing until January 11, 2018. A public available for review, subject to the Federal Land Policy and Management scoping meeting will be announced at requirements of the Privacy Act and Act of 1976, as amended, the Bureau of least 15 days in advance through local Freedom of Information Act, by any Land Management (BLM) El Centro newspaper(s), the BLM Web site, BLM Newsbytes, and BLM social media. All party who submits a written request for Field Office, with the United States comments received during the scoping a copy of such documents to: U.S. Fish Army Corps of Engineers (USACE) as a period will be considered for input into and Wildlife Service, Division of cooperating agency, intends to prepare a the Supplemental EIS. In order to be Management Authority, Branch of Supplemental Environmental Impact included in the Supplemental EIS, all Permits, MS: IA, 5275 Leesburg Pike, Statement (EIS) for the United States comments must be received prior to the Falls Church, VA 22041; fax (703) 358– Gypsum Company (USG) Mine close of the 45-day scoping period or 15 2281. Expansion/Modernization Project. The days after the last public meeting, Authority: We issue this notice under Supplemental EIS will analyze whichever is later. Additional the authority of the ESA, as amended additional alternatives and update opportunities for public participation (16 U.S.C. 1531 et seq.). technical information in the 2008 USG Mine Expansion/Modernization Project will be provided upon publication of a Joyce Russell, Final Environmental Impact Report Draft Supplemental EIS. Upon Government Information Specialist, Branch (EIR)/EIS. The USACE was not involved completion of the public review and of Permits, Division of Management in the development of the EIR/EIS, but comment period of the Draft Authority. will be involved with the Supplemental Supplemental EIS, a Final [FR Doc. 2017–25501 Filed 11–24–17; 8:45 am] EIS, based on USACE’s jurisdiction by Supplemental EIS will be prepared and BILLING CODE 4333–15–P law and special expertise, pursuant to subsequently published for public section 404 of the Clean Water Act. review. Scoping is not usually required for ADDRESSES: You may submit comments DEPARTMENT OF THE INTERIOR preparation of a Supplemental EIS. on issues related to the Supplemental However, since USACE was not a Bureau of Land Management EIS by any of the following methods: cooperating agency during scoping of Email: [email protected]; Fax: 530– [LLCAD07000 L51010000 ER0000 16X the EIR/EIS, they have requested that 224–2172; or Mail: Attn: Susie LVRWB09B1670] public scoping be included for the Greenhalgh, BLM Northern California Supplemental EIS. District Office, 6640 Lockheed Drive, Notice of Intent To Prepare a This notice announces the beginning Redding, CA 96002. Supplemental Environmental Impact of the public scoping process for input FOR FURTHER INFORMATION CONTACT: Statement for the Proposed United into the Supplemental EIS. The goal of Susie Greenhalgh, BLM Northern States Gypsum Company Mine the scoping process is to solicit public California District Office, 6640 Expansion/Modernization Project, comments, for the purpose of Lockheed Drive, Redding, CA 96002; Imperial County, CA identifying relevant issues that will phone: 530–224–2142; email: AGENCY: Bureau of Land Management, influence the scope of the [email protected]. Contact Ms. Department of the Interior. environmental analysis, including Greenhalgh to have your name added to alternatives, and guide the process for our mailing list. Persons who use a ACTION: Notice. developing the Supplemental EIS. telecommunications device for the deaf

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(TDD) may call the Federal Relay expansion of operations into alluvial EIR/EIS (73 FR 13918). The BLM did not Service at 1–800–877–8339 to contact portions of the quarry. USACE’s issue a ROD because its ESA Section 7 the above individual during normal involvement consists of responding to consultation requirements were still business hours. The Service is available the Section 404 Permit. pending. 24 hours a day, 7 days a week, to leave At present, the following preliminary USG proceeded to conduct quarrying a message or question with the above issues have been identified: hydrology operations within its private land at the individual. You will receive a reply and water resources, threatened and Quarry under the conditions and during normal business hours. endangered species, realty/right-of- approvals provided by Imperial County SUPPLEMENTARY INFORMATION: The USG’s ways, mineral resources, and cultural and the State of California consistent mine expansion/modernization project resources. The BLM will identify, with stipulations outlined by the (Project) involves both the Plaster City analyze, and require mitigation, as County. Under existing conditions, USG Wallboard Plant (Plant) and Plaster City appropriate, to address the reasonably holds title to 2,032.2 acres of private Quarry (Quarry). The Plant is located on foreseeable impacts to resources from land of which 1,118.7 acres are Evan Hewes Highway in Plaster City, the project. The BLM will utilize and approved by Imperial County for CA, approximately 18 miles west of the coordinate the NEPA process to help mining. In order to proceed with phased city of El Centro. The Quarry is located fulfill the public involvement process quarry operations consistent with on Split Mountain Road approximately under the National Historic Preservation production demands and an approved 26 miles northwest of Plaster City. Both Act (54 U.S.C. 306108) as provided in Mine Reclamation Plan, USG proposes 36 CFR 800.2(d)(3). The BLM will sites are located within the BLM’s to initiate alluvial quarrying activities in consult with Indian tribes on a California Desert Conservation Area. undisturbed portions of its mine plan. government-to-government basis in Components of the expansion project Proposed project activities related to accordance with Executive Order 13175 originally analyzed in the EIR/EIS alluvial quarrying will require a CWA and other policies. Tribal concerns, included water delivery systems to the Section 404 Permit from the USACE. including impacts on Indian trust assets wallboard plant and quarry, a new The USACE was not a cooperating and potential impacts to cultural electrical transmission line, and agency in the development of the USG resources, will be given due maintenance of an existing tram road Expansion/Modernization Project Final consideration. Federal, State, and local using narrow gauge rail line between the EIR/EIS. agencies, along with tribes and other In March 2014, USG submitted a Plant and Quarry. Certain aspects of the stakeholders that may be interested in or project have already been implemented request for a Clean Water Act (CWA) affected by the proposed USG Project Section 404 Permit to the USACE for under the conditions and approvals that the BLM and USACE are provided by Imperial County and may expansion of operations into alluvial evaluating, are invited to participate in portions of the quarry, Phase 2 and 2P not be subject to the jurisdiction of the the public scoping process and, if of the Quarry’s mine plan. The USACE BLM or the USACE. eligible, may request or be requested by determined in its initial evaluation of The surface disturbance analyzed in the BLM to participate in the the application that an EIS-level the 2006 Draft EIR/EIS and the 2008 development of the environmental analysis may be required to evaluate Final EIR/EIS included operations on analysis as a cooperating agency. placer mining claims and mill sites on In December 2001, Imperial County, impacts to waters of the U.S., including BLM land totaling 407.9 acres. Since California, published the Notice of a CWA Section 404(b)(1) alternatives then, 304.57 acres of these mining Preparation of the joint EIR/EIS for the analysis (pursuant to 40 CFR part 230). claims were patented, subject to USG Expansion/Modernization Project The USACE could not adopt the USG regulations as may be prescribed by the pursuant to the California Final EIR/EIS, per Federal regulations at Secretary of the Interior to protect the Environmental Quality Act (CEQA). As 40 CFR 1506.3(c), because the USACE scenic, scientific, and environmental the lead agency for the project under was not a cooperating agency at the time values of the public lands within the NEPA, the BLM issued a Notice of of the development of the EIR/EIS. California Desert Conservation Area. Intent to prepare a joint EIR/EIS in the Furthermore, the BLM did not complete Pursuant to 43 CFR 3809.2(c), lands Federal Register on May 1, 2002 (67 FR its ESA Section 7 consultation patented with this stipulation must 21713). A Draft EIR/EIS was prepared requirements or issue a Record of comply with the regulations at 43 CFR for the project and was circulated for Decision (ROD) based on the Final EIR/ 3809. comment by the public and other EIS. Consequently, the Supplemental EIS interested agencies from April 17, 2006, Public Comments: Before including will update land ownership changes to July 17, 2006. The BLM also initiated your address, phone number, email since completion of the 2006/2008 consultation with the USFWS pursuant address, or other personally identifying environmental documents, but the to Section 7 of the Endangered Species information in your comment, you analysis of the applicable regulations Act (ESA). A Final EIR/EIS responding should be aware that your entire and impacts will not need to be changed to comments was released in January of comment—including your personally because of the change in land 2008. identifying information—may be made ownership. On March 18, 2008, the Imperial publicly available at any time. While Additionally, USG submitted two County Board of Supervisors certified you can ask us in your comment to right of way applications for the utility the EIR and adopted findings of fact, a withhold your personal identifying access across approximately 55.7 acres statement of overriding considerations, information from public review, we of BLM-managed land. BLM’s and a mitigation monitoring program in cannot guarantee that we will be able to involvement consists of responding to a compliance with CEQA. The Imperial do so. plan of operations, the two right of way County Board of Supervisors filed a Authority: 40 CFR 1501.7. applications, and any other project Notice of Determination on March 19, needs that may be discovered during the 2008. On March 14, 2008, the BLM Thomas F. Zale, scoping process. USG also submitted a published in the Federal Register the El Centro Field Manager. request for a Clean Water Act (CWA) Notice of Availability of the USG [FR Doc. 2017–25523 Filed 11–24–17; 8:45 am] Section 404 Permit to the USACE for Expansion/Modernization Project Final BILLING CODE 4310–40–P

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DEPARTMENT OF THE INTERIOR MARYLAND INTERNATIONAL TRADE Howard County COMMISSION National Park Service Forest View, 1805 Marriottsville Rd., Marriottsville vicinity, SG100001894 [Investigation No. 337–TA–1062] [NPS–WASO–NRNHL–24652; PPWOCRADI0, PCU00RP14.R50000] MONTANA Certain Backpack Chairs; Notice of a Fergus County Commission Determination Not To National Register of Historic Places; Review an Initial Determination Notification of Pending Nominations Draft Horse Barn, Fergus County Fairgrounds, 1000 US 191, Lewistown, SG100001895 Terminating the Investigation Based and Related Actions on a Withdrawal of the Complaint; Flathead County Termination of the Investigation AGENCY: National Park Service, Interior. DESMET (Boat) (Glacier National Park MPS, ACTION: Notice. AD), L. McDonald, Glacier NP, West AGENCY: U.S. International Trade Glacier vicinity, MP100001896 Commission. SUMMARY: The National Park Service is ACTION: Notice. soliciting comments on the significance Glacier County of properties nominated before LITTLE CHIEF (Boat) (Glacier National Park SUMMARY: Notice is hereby given that November 4, 2017, for listing or related MPS, AD), Two Medicine L., Glacier NP, the U.S. International Trade actions in the National Register of East Glacier Park vicinity, MP100001897 Commission has determined not to Historic Places. Jefferson County review an initial determination (‘‘ID’’) DATES: (Order No. 5) of the presiding Comments should be submitted Grant-Marshall Lime Kiln Historic District, by December 12, 2017. The 1,000 ft. S. of S. end of Crystal Dr., administrative law judge (‘‘ALJ’’), ADDRESSES: Comments may be sent via Helena vicinity, SG100001898 granting a motion to terminate the U.S. Postal Service and all other carriers above-captioned investigation in its OHIO to the National Register of Historic entirety based on a withdrawal of the Places, National Park Service, 1849 C St. Erie County complaint. NW., MS 7228, Washington, DC 20240. Downtown Sandusky Commercial Historic FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: The District, Roughly bounded by Shoreline Cathy Chen, Esq., Office of the General properties listed in this notice are being Dr., Washington Row, Hancock & Decatur Counsel, U.S. International Trade considered for listing or related actions Sts., Sandusky, SG100001899 Commission, 500 E Street SW., in the National Register of Historic WEST VIRGINIA Washington, DC 20436, telephone (202) Places. Nominations for their 205–2392. Copies of non-confidential Jefferson County consideration were received by the documents filed in connection with this National Park Service before November Wild Goose Farm, 2935 Shepherd Grade Rd., investigation are or will be available for 4, 2017. Pursuant to section 60.13 of 36 Shepherdstown vicinity, SG100001902 inspection during official business CFR part 60, written comments are Wayne County hours (8:45 a.m. to 5:15 p.m.) in the being accepted concerning the Fort Gay High School, 675 Court St., Fort Office of the Secretary, U.S. significance of the nominated properties Gay, SG100001903 International Trade Commission, 500 E under the National Register criteria for A request for removal has been made for Street SW., Washington, DC 20436, evaluation. the following resource: telephone (202) 205–2000. General Before including your address, phone information concerning the Commission number, email address, or other SOUTH DAKOTA may also be obtained by accessing its personal identifying information in your Pennington County Internet server at https://www.usitc.gov. comment, you should be aware that Madison, Pap, Cabin, Bounded by W. Main The public record for this investigation your entire comment—including your St., St. Joseph St. & West Blvd., Rapid City, may be viewed on the Commission’s personal identifying information—may OT08000054 electronic docket (EDIS) at https:// be made publicly available at any time. A request to move has been received for edis.usitc.gov. Hearing-impaired While you can ask us in your comment the following resources: persons are advised that information on to withhold your personal identifying this matter can be obtained by information from public review, we UTAH contacting the Commission’s TDD cannot guarantee that we will be able to Salt Lake County terminal on (202) 205–1810. do so. Hawk, William, Cabin, 458 N. 3rd West, Salt SUPPLEMENTARY INFORMATION: The Nominations submitted by State Lake City, MV78002671 Commission instituted this investigation Historic Preservation Officers: Additional documentation has been on July 12, 2017, based on a complaint received for the following resource: filed on behalf of Rio Brands, LLC of CALIFORNIA West Conshohocken, Pennsylvania. 82 KANSAS Los Angeles County FR 32199 (July 12, 2017). The complaint Lincoln County Drucker, Peter, House, 636 Wellesley Dr., alleges violations of section 337 of the Claremont, SG100001890 Nielsen Farm, 1125 E. Pike Dr., Denmark Tariff Act of 1930, as amended, 19 vicinity, AD05001513 U.S.C. 1337, by reason of infringement Orange County Authority: 60.13 of 36 CFR Part 60. of a claim of U.S. Patent No. RE 39,022. Pomona Court and Apartments, 314–320 N. The complaint further alleges that a Paloma & 200–204 E. Whiting Aves., Dated: November 8, 2017. domestic industry exists. The Fullerton, SG100001891 Christopher Hetzel, Commission’s notice of investigation Sacramento County Acting Chief, National Register of Historic named CGI Outdoor, Inc. of Higganum, Places/National Historic Landmarks Program. Southside Park (Latinos in 20th Century Connecticut, as respondent. The Office California MPS), Between T, W, 6th & 8th [FR Doc. 2017–25506 Filed 11–24–17; 8:45 am] of Unfair Import Investigations did not Sts., Sacramento, MP100001892 BILLING CODE 4312–52–P participate in the investigation.

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On October 27, 2017, Complainant Commencement of Final Phase Federal Register of October 12, 2017 (82 filed a motion to terminate the Investigations FR 47578). The conference was held in investigation in its entirety under Pursuant to section 207.18 of the Washington, DC, on October 26, 2017, Commission Rule 210.21(a)(1), based on Commission’s rules, the Commission and all persons who requested the a withdrawal of the complaint. Order also gives notice of the commencement opportunity were permitted to appear in No. 5 at 1. Respondent submitted a of the final phase of its investigations. person or by counsel. response but did not oppose the motion The Commission will issue a final phase The Commission made these to terminate. Id. at 1–2. notice of scheduling, which will be determinations pursuant to sections On November 6, 2017, the ALJ issued published in the Federal Register as 703(a) and 733(a) of the Act (19 U.S.C. the subject ID granting the motion and provided in section 207.21 of the 1671b(a) and 1673b(a)). It completed terminating the investigation in its Commission’s rules, upon notice from and filed its determinations in these entirety. Id. at 3. The ALJ found that the the Department of Commerce investigations on November 20, 2017. motion complies with the Commission (‘‘Commerce’’) of affirmative The views of the Commission are Rules and that termination of the preliminary determinations in the contained in USITC Publication 4743 investigation is not contrary to the investigations under sections 703(b) or (November 2017), entitled Forged Steel public interest. Id. at 2. The ALJ also 733(b) of the Act, or, if the preliminary Fittings from China, Italy, and Taiwan: found that no extraordinary determinations are negative, upon Investigation Nos. 701–TA–589 and circumstances prevent termination of notice of affirmative final 731–TA–1394–1396 (Preliminary). the investigation based on a withdrawal determinations in those investigations By order of the Commission. of the complaint. Id. under sections 705(a) or 735(a) of the Issued: November 20, 2017. No petitions for review were filed. Act. Parties that filed entries of Katherine M. Hiner, The Commission has determined not to appearance in the preliminary phase of Supervisory Attorney. review the ID. the investigations need not enter a [FR Doc. 2017–25478 Filed 11–24–17; 8:45 am] The authority for the Commission’s separate appearance for the final phase BILLING CODE 7020–02–P determination is contained in section of the investigations. Industrial users 337 of the Tariff Act of 1930, as and, if the merchandise under amended, 19 U.S.C. 1337, and in part investigation is sold at the retail level, INTERNATIONAL TRADE 210 of the Commission’s Rules of representative consumer organizations COMMISSION Practice and Procedure, 19 CFR part have the right to appear as parties in 210. Commission antidumping and [Inv. No. 337–TA–1085] By order of the Commission. countervailing duty investigations. The Certain Glucosylated Steviol Issued: November 21, 2017. Secretary will prepare a public service Glycosides, and Products Containing Katherine M. Hiner, list containing the names and addresses Same Institution of Investigation of all persons, or their representatives, Supervisory Attorney. who are parties to the investigations. AGENCY: U.S. International Trade [FR Doc. 2017–25543 Filed 11–24–17; 8:45 am] Commission. Background BILLING CODE 7020–02–P ACTION: Notice. On October 5, 2017, Bonney Forge Corporation, Mount Union, SUMMARY: Notice is hereby given that a INTERNATIONAL TRADE Pennsylvania and the United Steel, complaint was filed with the U.S. COMMISSION Paper, and Forestry, Rubber, International Trade Commission on Manufacturing, Energy, Allied October 20, 2017, under the Tariff Act [Investigation Nos. 701–TA–589 and 731– Industrial and Service Workers of 1930, as amended, on behalf of TA–1394–1396 (Preliminary)] International Union, Pittsburgh, PureCircle USA Inc. of Oak Brook, Pennsylvania filed petitions with the Illinois and PureCircle Sdn Bhd of Determinations; Forged Steel Fittings Commission and Commerce, alleging Malaysia. A supplement was filed on From China, Italy, and Taiwan that an industry in the United States is November 13, 2017. The complaint, as On the basis of the record 1 developed materially injured or threatened with supplemented, alleges violations of the in the subject investigations, the United material injury by reason of LTFV and Tariff Act based upon the importation States International Trade Commission subsidized imports of forged steel into the United States, the sale for (‘‘Commission’’) determines, pursuant fittings from China and LTFV imports of importation, and the sale within the to the Tariff Act of 1930 (‘‘the Act’’), forged steel fittings from Italy and United States after importation of that there is a reasonable indication that Taiwan. Accordingly, effective October certain glucosylated steviol glycosides, an industry in the United States is 5, 2017, the Commission, pursuant to and products containing same by reason materially injured by reason of imports sections 703(a) and 733(a) of the Act (19 of infringement of U.S. Patent No. of forged steel fittings from China, Italy, U.S.C. 1671b(a) and 1673b(a)), instituted 9,420,815 (‘‘the ’815 patent’’). The and Taiwan, provided for in countervailing duty investigation No. complaint further alleges that an subheadings 7307.99.10, 7307.99.30, 701–TA–589 and antidumping duty industry in the United States exists or and 7307.99.50 of the Harmonized Tariff investigation Nos. 731–TA–1394–1396 is in the process of being established as Schedule of the United States, that are (Preliminary). required by the applicable Federal alleged to be sold in the United States Notice of the institution of the Statute. at less than fair value (‘‘LTFV’’) and to Commission’s investigations and of a The complainants request that the be subsidized by the government of public conference to be held in Commission institute an investigation China. connection therewith was given by and, after the investigation, issue a posting copies of the notice in the Office limited exclusion order and a cease and desist order. 1 The record is defined in sec. 207.2(f) of the of the Secretary, U.S. International Commission’s Rules of Practice and Procedure (19 Trade Commission, Washington, DC, ADDRESSES: The complaint, except for CFR 207.2(f)). and by publishing the notice in the any confidential information contained

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therein, is available for inspection (b) The respondent is the following INTERNATIONAL TRADE during official business hours (8:45 a.m. entity alleged to be in violation of COMMISSION to 5:15 p.m.) in the Office of the section 337, and is the party upon [Investigation Nos. 701–TA–579–580 and Secretary, U.S. International Trade which the complaint is to be served: 731–TA–1369–1372 (Final)] Commission, 500 E Street SW., Room Sweet Green Fields USA LLC, 11 112, Washington, DC 20436, telephone Fine Denier Polyester Staple Fiber Bellwether Way, Suite 305, (202) 205–2000. Hearing impaired From China, India, Korea, and Taiwan; Bellingham, WA 98225 individuals are advised that information Scheduling of the Final Phase of on this matter can be obtained by Sweet Green Fields Co., Ltd., 11 Countervailing Duty and Antidumping contacting the Commission’s TDD Bellwether Way, Suite 305, Duty Investigations terminal on (202) 205–1810. Persons Bellingham, WA 98225 AGENCY: United States International with mobility impairments who will Ningbo Green-Health Pharma-ceutical need special assistance in gaining access Trade Commission. Co., Ltd., a/k/a NB Green-Health to the Commission should contact the ACTION: Notice. Pharma-ceutical Co., Ltd., Fenghua Office of the Secretary at (202) 205– 2000. General information concerning Xiwu Town Foreign Technological SUMMARY: The Commission hereby gives the Commission may also be obtained Garden Fenghua, Zip Code: 315505, notice of the scheduling of the final by accessing its Internet server at Ningbo, Zhejiang, China phase of antidumping and countervailing duty investigation Nos. https://www.usitc.gov. The public (3) For the investigation so instituted, record for this investigation may be 701–TA–579–580 and 731–TA–1369– the Chief Administrative Law Judge, 1372 (Final) pursuant to the Tariff Act viewed on the Commission’s electronic U.S. International Trade Commission, docket (EDIS) at https://edis.usitc.gov. of 1930 (‘‘the Act’’) to determine shall designate the presiding whether an industry in the United FOR FURTHER INFORMATION CONTACT: Administrative Law Judge. The Office of States is materially injured or Pathenia M. Proctor, The Office of Unfair Import Investigations will not threatened with material injury, or the Unfair Import Investigations, U.S. participate as a party in this establishment of an industry in the International Trade Commission, investigation. United States is materially retarded, by telephone (202) 205–2560. Responses to the complaint and the reason of imports of fine denier SUPPLEMENTARY INFORMATION: notice of investigation must be polyester staple fiber (‘‘fine denier Authority: The authority for submitted by the named respondents in PSF’’) from China, India, Korea, and institution of this investigation is accordance with section 210.13 of the Taiwan, provided for in subheading contained in section 337 of the Tariff Commission’s Rules of Practice and 5503.20.00 of the Harmonized Tariff Act of 1930, as amended, 19 U.S.C. 1337 Procedure, 19 CFR 210.13. Pursuant to Schedule of the United States. Imports and in section 210.10 of the 19 CFR 201.16(e) and 210.13(a), such of this product from China and India Commission’s Rules of Practice and have been preliminarily determined by Procedure, 19 CFR 210.10 (2017). responses will be considered by the Commission if received not later than 20 the Department of Commerce to be Scope of Investigation: Having subsidized. Determinations with respect considered the complaint, the U.S. days after the date of service by the Commission of the complaint and the to imports of fine denier PSF alleged to International Trade Commission, on be sold at less than fair value are notice of investigation. Extensions of November 20, 2017, ordered that— pending. (1) Pursuant to subsection (b) of time for submitting responses to the section 337 of the Tariff Act of 1930, as complaint and the notice of DATES: November 6, 2017. amended, an investigation be instituted investigation will not be granted unless FOR FURTHER INFORMATION CONTACT: to determine whether there is a good cause therefor is shown. Jordan Harriman (202–205–2610), Office violation of subsection (a)(1)(B) of Failure of a respondent to file a timely of Investigations, U.S. International section 337 in the importation into the response to each allegation in the Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing- United States, the sale for importation, complaint and in this notice may be impaired persons can obtain or the sale within the United States after deemed to constitute a waiver of the information on this matter by contacting importation of certain glucosylated right to appear and contest the steviol glycosides, and products the Commission’s TDD terminal on 202– allegations of the complaint and this 205–1810. Persons with mobility containing same by reason of notice, and to authorize the infringement of one or more of claims impairments who will need special administrative law judge and the 1–14 of the ‘815 patent; and whether an assistance in gaining access to the Commission, without further notice to industry in the United States exists or Commission should contact the Office the respondent, to find the facts to be as is in the process of being established as of the Secretary at 202–205–2000. required by subsection (a)(2) of section alleged in the complaint and this notice General information concerning the 337; and to enter an initial determination Commission may also be obtained by (2) For the purpose of the and a final determination containing accessing its Internet server (https:// investigation so instituted, the following such findings, and may result in the www.usitc.gov). The public record for are hereby named as parties upon which issuance of an exclusion order or a cease these investigations may be viewed on this notice of investigation shall be and desist order or both directed against the Commission’s electronic docket served: the respondent. (EDIS) at https://edis.usitc.gov. (a) The complainants are: By order of the Commission. SUPPLEMENTARY INFORMATION: PureCircle USA Inc., 915 Harger Road, Issued: November 20, 2017. Scope.—For purposes of these Suite 250, Oak Brook, IL 60523 investigations, the Department of PureCircle Sdn Bhd, Level 12, West Katherine M. Hiner, Commerce has defined the subject Wing, Rohas PureCircle, No. 9 Jalan P. Supervisory Attorney. merchandise as, ‘‘fine denier polyester Ramlee, 50250 Kuala Lumpur, [FR Doc. 2017–25479 Filed 11–24–17; 8:45 am] staple fiber (fine denier PSF), not carded Malaysia BILLING CODE 7020–02–P or combed, measuring less than 3.3

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decitex (3 denier) in diameter. The maintain a public service list containing also file written testimony in connection scope covers all fine denier PSF, the names and addresses of all persons, with their presentation at the hearing, as whether coated or uncoated. The or their representatives, who are parties provided in section 207.24 of the following products are excluded from to the investigations. Commission’s rules, and posthearing the scope: Limited disclosure of business briefs, which must conform with the (1) PSF equal to or greater than 3.3. proprietary information (BPI) under an provisions of section 207.25 of the decitex (more than 3 denier, inclusive) administrative protective order (APO) Commission’s rules. The deadline for currently classifiable under Harmonized and BPI service list.—Pursuant to filing posthearing briefs is January 23, Tariff Schedule of the United States section 207.7(a) of the Commission’s 2018. In addition, any person who has (HTSUS) subheadings 5503.20.0045 and rules, the Secretary will make BPI not entered an appearance as a party to 5503.20.0065. gathered in the final phase of these the investigations may submit a written (2) Low-melt PSF defined as a investigations available to authorized statement of information pertinent to bicomponent fiber with a polyester core applicants under the APO issued in the the subject of the investigations, and anouter, polyester sheath that melts investigations, provided that the including statements of support or at a significantly lower temperature than application is made no later than 21 opposition to the petition, on or before its inner polyester core currently days prior to the hearing date specified January 23, 2018. On February 9, 2018, classified under HTSUS subheading in this notice. Authorized applicants the Commission will make available to 5503.20.0015. must represent interested parties, as parties all information on which they Fine denier PSF is classifiable under defined by 19 U.S.C. 1677(9), who are have not had an opportunity to the HTSUS subheading 5503.20.0025. parties to the investigations. A party comment. Parties may submit final Although the HTSUS subheadings are granted access to BPI in the preliminary comments on this information on or provided for convenience and customs phase of the investigations need not before February 13, 2018, but such final purposes, the written description of the reapply for such access. A separate comments must not contain new factual scope of the investigation is service list will be maintained by the information and must otherwise comply dispositive.’’ Secretary for those parties authorized to with section 207.30 of the Commission’s Background.—The final phase of receive BPI under the APO. rules. All written submissions must these investigations is being scheduled Staff report.—The prehearing staff conform with the provisions of section pursuant to section 705(b) of the Tariff report in the final phase of these 201.8 of the Commission’s rules; any Act of 1930 (19 U.S.C. 1671d(b)), as a investigations will be placed in the result of affirmative preliminary submissions that contain BPI must also nonpublic record on January 3, 2018, conform with the requirements of determinations by the Department of and a public version will be issued Commerce that certain benefits which sections 201.6, 207.3, and 207.7 of the thereafter, pursuant to section 207.22 of Commission’s rules. The Commission’s constitute subsidies within the meaning the Commission’s rules. Handbook on E-Filing, available on the of section 703 of the Act (19 U.S.C. Hearing.—The Commission will hold Commission’s Web site at https:// 1671b) are being provided to a hearing in connection with the final manufacturers, producers, or exporters phase of these investigations beginning edis.usitc.gov, elaborates upon the in China and India of fine denier PSF. at 9:30 a.m. on Wednesday, January 17, Commission’s rules with respect to The investigations were requested in 2018, at the U.S. International Trade electronic filing. petitions filed on May 31, 2017, by DAK Commission Building. Requests to Additional written submissions to the Americas LLC, Charlotte, NC; Nan Ya appear at the hearing should be filed in Commission, including requests Plastics Corporation, America, Lake writing with the Secretary to the pursuant to section 201.12 of the City, SC; and Auriga Polymers Inc., Commission on or before January 11, Commission’s rules, shall not be Charlotte, NC. 2018. A nonparty who has testimony accepted unless good cause is shown for For further information concerning that may aid the Commission’s accepting such submissions, or unless the conduct of this phase of the deliberations may request permission to the submission is pursuant to a specific investigations, hearing procedures, and present a short statement at the hearing. request by a Commissioner or rules of general application, consult the All parties and nonparties desiring to Commission staff. Commission’s Rules of Practice and appear at the hearing and make oral In accordance with sections 201.16(c) Procedure, part 201, subparts A and B presentations should participate in a and 207.3 of the Commission’s rules, (19 CFR part 201), and part 207, prehearing conference to be held on each document filed by a party to the subparts A and C (19 CFR part 207). January 12, 2018, at the U.S. investigations must be served on all Participation in the investigations and International Trade Commission other parties to the investigations (as public service list.—Persons, including Building, if deemed necessary. Oral identified by either the public or BPI industrial users of the subject testimony and written materials to be service list), and a certificate of service merchandise and, if the merchandise is submitted at the public hearing are must be timely filed. The Secretary will sold at the retail level, representative governed by sections 201.6(b)(2), not accept a document for filing without consumer organizations, wishing to 201.13(f), and 207.24 of the a certificate of service. participate in the final phase of these Commission’s rules. Parties must submit Authority: These investigations are investigations as parties must file an any request to present a portion of their being conducted under authority of title entry of appearance with the Secretary hearing testimony in camera no later VII of the Tariff Act of 1930; this notice to the Commission, as provided in than 7 business days prior to the date of is published pursuant to section 207.21 section 201.11 of the Commission’s the hearing. of the Commission’s rules. rules, no later than 21 days prior to the Written submissions.—Each party By order of the Commission. hearing date specified in this notice. A who is an interested party shall submit party that filed a notice of appearance a prehearing brief to the Commission. Issued: November 21, 2017. during the preliminary phase of the Prehearing briefs must conform with the Katherine M. Hiner, investigations need not file an provisions of section 207.23 of the Supervisory Attorney. additional notice of appearance during Commission’s rules; the deadline for [FR Doc. 2017–25546 Filed 11–24–17; 8:45 am] this final phase. The Secretary will filing is January 10, 2018. Parties may BILLING CODE 7020–02–P

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DEPARTMENT OF JUSTICE information to be collected can be DEPARTMENT OF LABOR enhanced; and [OMB Number 1125–0003] —Minimize the burden of the collection Employment and Training of information on those who are to Administration Agency Information Collection respond, including through the use of Activities; Proposed Collection appropriate automated, electronic, Notice of Determinations Regarding Comments Requested; Fee Waiver mechanical, or other technological Eligibility To Apply for Trade Request collection techniques or other forms Adjustment Assistance AGENCY: Executive Office for of information technology, e.g., In accordance with the Section 223 Immigration Review, Department of permitting electronic submission of (19 U.S.C. 2273) of the Trade Act of Justice. responses. 1974 (19 U.S.C. 2271, et seq.) (‘‘Act’’), as ACTION: 60-Day notice. Overview of This Information amended, the Department of Labor Collection herein presents summaries of SUMMARY: The Department of Justice determinations regarding eligibility to (DOJ), Executive Office for Immigration 1. Type of Information Collection: apply for trade adjustment assistance Review (EOIR), will be submitting the Extension of a currently approved under Chapter 2 of the Act (‘‘TAA’’) for following information collection request collection. workers by (TA–W) number issued to the Office of Management and Budget 2. The Title of the Form/Collection: during the period of September 23, 2017 (OMB) for review and approval in Fee Waiver Request. through October 20, 2017. (This Notice accordance with the Paperwork 3. The agency form number, if any, primarily follows the language of the Reduction Act of 1995. and the applicable component of the Trade Act. In some places however, DATES: Comments are encouraged and Department sponsoring the collection: changes such as the inclusion of will be accepted for 60 days until The form number is EOIR–26A, subheadings, a reorganization of January 26, 2018. Executive Office for Immigration language, or ‘‘and,’’ ‘‘or,’’ or other words FOR FURTHER INFORMATION CONTACT: If Review, United States Department of are added for clarification.) Justice. you have comments, especially on the Section 222(a)—Workers of a Primary estimated public burden or associated 4. Affected public who will be asked Firm or required to respond, as well as a brief response time, suggestions, or need a In order for an affirmative copy of the proposed information abstract: Primary: An individual submitting an appeal or motion to the determination to be made for workers of collection instrument with instructions a primary firm and a certification issued or additional information, please Board of Immigration Appeals. Other: Attorneys and qualified representatives regarding eligibility to apply for TAA, contact Jean King, General Counsel, the group eligibility requirements under Executive Office for Immigration representing an alien in immigration proceedings before EOIR. Abstract: The Section 222(a) of the Act (19 U.S.C. Review, U.S. Department of Justice, 2272(a)) must be met, as follows: Suite 2600, 5107 Leesburg Pike, Falls information on the fee waiver request form is used by the Board of (1) The first criterion (set forth in Church, Virginia, 22041; telephone: Section 222(a)(1) of the Act, 19 U.S.C. (703) 305–0470. Written comments and/ Immigration Appeals to determine whether the requisite fee for a motion or 2272(a)(1)) is that a significant number or suggestions can also be sent to the or proportion of the workers in such Office of Management and Budget, appeal will be waived due to an individual’s financial situation. workers’ firm (or ‘‘such firm’’) have Office of Information and Regulatory become totally or partially separated, or 5. An estimate of the total number of Affairs, Attention Department of Justice are threatened to become totally or respondents and the amount of time Desk Officer, Washington, DC 20503 or partially separated; sent to OIRA_submissions@ estimated for an average respondent to AND (2(A) or 2(B) below) omb.eop.gov. respond: It is estimated that $7,116 respondents will complete the form (2) The second criterion (set forth in SUPPLEMENTARY INFORMATION: This annually with an average of 1 hour per Section 222(a)(2) of the Act, 19 U.S.C. process is conducted in accordance with response. 2272(a)(2)) may be satisfied by either (A) 5 CFR 1320.10. Written comments and 6. An estimate of the total public the Increased Imports Path, or (B) the suggestions from the public and affected burden (in hours) associated with the Shift in Production or Services to a agencies concerning the proposed collection: The estimated public burden Foreign Country Path/Acquisition of collection of information are associated with this collection is 7,116 Articles or Services from a Foreign encouraged. Your comments should hours. It is estimated that respondents Country Path, as follows: address one or more of the following will take 1 hour to complete the form. (A) Increased Imports Path: four points: (i) the sales or production, or both, of If additional information is required such firm, have decreased absolutely; —Evaluate whether the proposed contact: Melody Braswell, Department collection of information is necessary Clearance Officer, United States AND (ii and iii below) for the proper performance of the Department of Justice, Justice (ii)(I) imports of articles or services functions of the Executive Office for Management Division, Policy and like or directly competitive with articles Immigration Review, including Planning Staff, Two Constitution produced or services supplied by such whether the information will have Square, 145 N Street NE., 3E.405B, firm have increased OR practical utility; Washington, DC 20530. (II)(aa) imports of articles like or —Evaluate the accuracy of the agency’s directly competitive with articles into estimate of the burden of the Dated: November 21, 2017. which one or more component parts proposed collection of information, Melody D. Braswell, produced by such firm are directly including the validity of the Department Clearance Officer for PRA, U.S. incorporated, have increased; OR methodology and assumptions used; Department of Justice. (II)(bb) imports of articles like or —Evaluate whether and if so how the [FR Doc. 2017–25539 Filed 11–24–17; 8:45 am] directly competitive with articles which quality, utility, and clarity of the BILLING CODE 4410–30–P are produced directly using the services

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supplied by such firm, have increased; an appropriate subdivision of the firm OR OR have become totally or partially (B) an affirmative determination of (III) imports of articles directly separated, or are threatened to become market disruption or threat thereof incorporating one or more component totally or partially separated; under section 421(b)(1)of the Act (19 parts produced outside the United AND U.S.C. 2436(b)(1)); OR States that are like or directly (2) the workers’ firm is a supplier or (C) an affirmative final determination competitive with imports of articles downstream producer to a firm that incorporating one or more component of material injury or threat thereof under employed a group of workers who section 705(b)(1)(A) or 735(b)(1)(A) of parts produced by such firm have received a certification of eligibility increased; the Tariff Act of 1930 (19 U.S.C. under Section 222(a) of the Act (19 1671d(b)(1)(A) and 1673d(b)(1)(A)); AND U.S.C. 2272(a)), and such supply or (iii) the increase in imports described production is related to the article or AND in clause (ii) contributed importantly to service that was the basis for such (2) the petition is filed during the 1- such workers’ separation or threat of certification (as defined in subsection year period beginning on the date on separation and to the decline in the 222(c)(3) and (4) of the Act (19 U.S.C. which— sales or production of such firm; OR 2272(c)(3) and (4)); (A) a summary of the report submitted (B) Shift in Production or Services to AND to the President by the International a Foreign Country Path OR Acquisition (3) either— Trade Commission under section of Articles or Services from a Foreign (A) the workers’ firm is a supplier and 202(f)(1) of the Trade Act (19 U.S.C. Country Path: the component parts it supplied to the 2252(f)(1)) with respect to the (i)(I) there has been a shift by such firm described in paragraph (2) affirmative determination described in workers’ firm to a foreign country in the accounted for at least 20 percent of the paragraph (1)(A) is published in the production of articles or the supply of production or sales of the workers’ firm; Federal Register under section 202(f)(3) services like or directly competitive OR (19 U.S.C. 2252(f)(3)); OR with articles which are produced or (B) a loss of business by the workers’ (B) notice of an affirmative services which are supplied by such firm with the firm described in determination described in firm; OR paragraph (2) contributed importantly to subparagraph (B) or (C) of paragraph (1) (II) such workers’ firm has acquired the workers’ separation or threat of is published in the Federal Register; from a foreign country articles or separation determined under paragraph AND services that are like or directly (1). competitive with articles which are (3) the workers have become totally or produced or services which are Section 222(e)—Firms Identified by the partially separated from the workers’ supplied by such firm; International Trade Commission firm within— AND In order for an affirmative (A) the 1-year period described in (ii) the shift described in clause (i)(I) determination to be made for adversely paragraph (2); OR or the acquisition of articles or services affected workers in firms identified by (B) not withstanding section 223(b) of described in clause (i)(II) contributed the International Trade Commission and the Act (19 U.S.C. 2273(b)), the 1-year importantly to such workers’ separation a certification issued regarding period preceding the 1-year period or threat of separation. eligibility to apply for TAA, the group described in paragraph (2). eligibility requirements of Section Section 222(b)—Adversely Affected Affirmative Determinations for Trade 222(e) of the Act (19 U.S.C. 2272(e)) Adjustment Assistance Secondary Workers must be met, by following criteria (1), In order for an affirmative (2), and (3) as follows: The following certifications have been determination to be made for adversely (1) the workers’ firm is publicly issued. The date following the company affected secondary workers of a firm and identified by name by the International name and location of each a certification issued regarding Trade Commission as a member of a determination references the impact eligibility to apply for TAA, the group domestic industry in an investigation date for all workers of such eligibility requirements of Section resulting in— determination. 222(b) of the Act (19 U.S.C. 2272(b)) (A) an affirmative determination of The following certifications have been must be met, as follows: serious injury or threat thereof under issued. The requirements of Section (1) a significant number or proportion section 202(b)(1) of the Act (19 U.S.C. 222(a)(2)(A) (Increased Imports Path) of of the workers in the workers’ firm or 2252(b)(1)); the Trade Act have been met.

TA–W No. Subject firm Location Impact date

91,895 ...... Jones Energy, Inc ...... Austin, TX ...... May 23, 2015. 92,076 ...... SPX Heat Transfer, LLC, Power Segment, SPX Corporation ...... Tulsa, OK ...... July 29, 2015. 92,107 ...... Keurig Green Mountain, Inc., Blacktree Technical Group, Manpower, Essex, VT ...... August 11, 2015. Randstad Staffing, Westaff, etc. 92,107A ...... Keurig Green Mountain, Inc., Blacktree Technical Group, Manpower, Williston, VT ...... August 11, 2015. Randstad Staffing, Westaff, etc. 92,256 ...... Ball Corporation, Food and Aerosol Division, Manpower ...... Weirton, WV ...... September 30, 2016. 92,721 ...... Nippon Paper Industries USA Co. Ltd, Daishowa North American Corp., Ex- Port Angeles, WA ...... March 9, 2016. press Employment Professionals. 92,949 ...... FreightCar, Roanoke, LLC, FreightCar America, @Work Personnel Services, Roanoke, VA ...... June 13, 2016. Chase Professionals, etc. 92,952 ...... Eagle Family Foods Group LLC, Hire Advantage, Express Employment Pro- Seneca, MO ...... June 14, 2016. fessionals, Touches of Splendor.

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TA–W No. Subject firm Location Impact date

93,069 ...... Callidus Technologies, LLC, Honeywell International, Inc., Securitas USA, JLL Beggs, OK ...... August 10, 2016. Americas. 93,084 ...... Armstrong Hardwood Flooring Company, Armstrong Wood Products, Inc., Jackson, TN ...... August 18, 2016. Armstrong Flooring, Inc. 93,107 ...... Quality Mold, Inc. dba Versitech, QM Holdings, Inc ...... Greenwich, OH ...... August 29, 2016.

The following certifications have been Services to a Foreign Country Path or a Foreign Country Path) of the Trade Act issued. The requirements of Section Acquisition of Articles or Services from have been met. 222(a)(2)(B) (Shift in Production or

TA–W No. Subject firm Location Impact date

92,664 ...... Branded Entertainment Network, Inc., Corbis Corporation, Hudson Street Fa- New York, NY ...... February 22, 2016. cility, etc. 92,664A ...... Branded Entertainment Network, Inc., Corbis Corporation, Varick Street Facil- New York, NY ...... February 22, 2016. ity, etc. 92,678 ...... Burroughs Inc ...... Plymouth, MI ...... February 24, 2016. 92,697 ...... Felchar Manufacturing Corporation, Shop Vac Corporation, Eastern Tem- Binghamton, NY ...... March 3, 2016. poraries, Adecco, 196 Corporate Drive. 92,697A ...... Felchar Manufacturing Corporation, Shop Vac Corporation, Eastern Tem- Binghamton, NY ...... March 3, 2016. poraries, Adecco, 47–51 Pine Camp Drive. 92,911 ...... American Silk Mills LLC ...... Plains, PA ...... May 24, 2016. 92,971 ...... The Carlstar Group, LLC, Priority Workforce, Arrow Staffing ...... Ontario, CA ...... June 22, 2016. 92,984 ...... Bear Island White Birch LLC, BD White Birch Investment, LLC ...... Ashland, VA ...... June 30, 2016. 93,039 ...... Unum Group, Finance, EXL Services Holdings, Anaplan, KPMG, Price Chattanooga, TN ...... July 25, 2016. Waterhouse Coopers. 93,049 ...... Ecoshel, Aroostook County Action Program (ACAP) ...... Ashland, ME ...... July 31, 2016. 93,076 ...... API Heat Transfer ...... Buffalo, NY ...... August 7, 2016. 93,077 ...... Fargo Assembly of Mississippi, LLC, Electrical Components International, Inc Kosciusko, MS ...... August 16, 2016. 93,089 ...... Huntington Foam LLC, Huntington Solutions, Corporate Office, Contingent Re- Jeannette, PA ...... August 21, 2016. source Solutions, etc. 93,092 ...... St. Vincent Health, Inc., Financial Pre-Clearance Group, Ascension Health ...... Indianapolis, IN ...... August 18, 2016. 93,093 ...... International Business Machines (IBM) Systems & Technology, AIX System Austin, TX ...... August 16, 2016. and Verification/Integrated System Software Test, 7T, etc. 93,095 ...... Vesuvius USA, Flow Control Division ...... Tyler, TX ...... August 24, 2016. 93,108 ...... Interplex Automation, Interplex Holdings, Tooling Group ...... Attleboro, MA ...... August 30, 2016. 93,112 ...... Kongsberg Automotive, Kongsberg Actuation, II, Fluid Transfer, Human Tech- Easley, SC ...... September 1, 2016. nologies, Staff Masters. 93,115 ...... Great-West Life & Annuity Insurance Company, GWL&A Financial Inc., Greenwood Village, August 21, 2016. Corestaff Services, Inc. CO. 93,117 ...... CoreLogic Solutions, LLC, Accounting-Collections, Staffmark Investment LLC, Irvine, CA ...... September 6, 2016. Xoriant. 93,119 ...... Health Care Solutions at Home Inc., Regional Cash Posting Center, Lincare Sharon, PA ...... September 6, 2016. Holdings Inc. 93,123 ...... Boehringer Ingelheim, ProUnlimited, YOH Services ...... Ridgefield, CT ...... September 7, 2016. 93,125 ...... Railtech Composites, Inc., Skyfold, Inc., Coryer Staffing ...... Plattsburgh, NY ...... September 7, 2016. 93,129 ...... Porter’s Group Sumter LLC, Porter’s Fab of Sumter ...... Sumter, SC ...... September 8, 2016. 93,131 ...... Lake Catherine Footwear, Munro & Company, Inc ...... Hot Springs, AR ...... September 11, 2016. 93,132 ...... American Made LLC dba US Liner Company, Harmony Plant, Callos Re- Harmony, PA ...... September 8, 2016. sources, Manpower. 93,134 ...... HERE North America LLC, HERE Holding Corporation ...... Fargo, ND ...... September 12, 2016. 93,135 ...... Panasonic Eco Solutions Solar America, LLC, Panasonic Corporation of North Salem, OR ...... September 12, 2016. America, BDI. 93,138 ...... Harman, Professional Solutions, Harman International Industries, South Jordan, UT ...... September 13, 2016. Accountemps, etc. 93,138A ...... Harman, Professional Solutions, Harman International Industries, Inc ...... Northridge, CA ...... September 13, 2016. 93,141 ...... Lincare Inc., Regional Cash Posting Center, Lincare Holdings Inc ...... Spokane, WA ...... September 13, 2016. 93,144 ...... HSBC Technology and Services, USA (HTSU), HSBC Technology and Serv- Buffalo, NY ...... September 15, 2016. ices (IT Division), HSBC North America, etc. 93,147 ...... APEM, Inc., APEM SAS, The Plus Company, Inc...... Haverhill, MA ...... September 18, 2016. 93,148 ...... H.B. Fuller Company, Global Finance, North American Shared Services, Cred- Vadnais Heights, MN .. September 15, 2016. it and Collections, etc. 93,149 ...... Health Care Service Corporation, Information Technology (Infrastructure) Helena, MT ...... September 15, 2016. Services. 93,150 ...... Philips Electronics N.A. Corporation, Philips Medical Refurbished Systems, Cleveland, OH ...... September 15, 2016. Koninklijke Philips N.V., etc. 93,151 ...... Thomson Reuters, Technology Development and Quality Assurance groups, Boston, MA ...... September 18, 2016. Pontoon. 93,158 ...... Valpak Direct Marketing Systems, Inc., Content & Design Departments, St. Petersburg, FL ...... September 19, 2016. SoloWorkforce, ASEC Group, Personiv, etc. 93,166 ...... Boca Raton Regional Center, TYCO, Johnson Controls, KForce, Robert Half .. Boca Raton, FL ...... September 21, 2016.

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The following certifications have been are certified eligible to apply for TAA) issued. The requirements of Section of the Trade Act have been met. 222(b) (supplier to a firm whose workers

TA–W No. Subject firm Location Impact date

92,839 ...... Dura Automotive Systems, LLC, Furst Staffing, Manpower Group ...... Stockton, IL ...... April 25, 2016. 92,847 ...... Parkdale Mills, Inc., Plant 44, Parkdale America, LLC, Parkdale, Inc., De- Williamston, NC ...... April 26, 2016. fender Services, Inc. 93,054 ...... Ulbrich Solar Technologies, LLC, Ulbrich Solar Technologies, Inc., Express Hillsboro, OR ...... August 2, 2016. Services.

The following certifications have been International Trade Commission) of the issued. The requirements of Section Trade Act have been met. 222(e) (firms identified by the

TA–W No. Subject firm Location Impact date

93,152 ...... ArcelorMittal Riverdale LLC, ArcelorMittal USA LLC, Adecco, Phoenix, KT Riverdale, IL ...... September 29, 2015. Grant. 93,157 ...... Nucor Corporation, Nucor Steel Arkansas Division ...... Blytheville, AR ...... September 29, 2015. 93,160 ...... EVRAZ Oregon Steel, Rolling Facility, EVRAZ Inc. NA, EVRAZ North America Portland, OR ...... September 29, 2015. PLC, etc. 93,170 ...... SSAB Iowa, Inc., SSAB Enterprises, LLC, LPW–I, JW Koehler Electric Inc ...... Muscatine, IA ...... September 29, 2015.

Negative Determinations for Worker criteria for TAA have not been met for total/partial separation or threat of total/ Adjustment Assistance the reasons specified. partial separation), or (e) (firms The investigation revealed that the identified by the International Trade In the following cases, the requirements of Trade Act section 222 Commission), have not been met. investigation revealed that the eligibility (a)(1) and (b)(1) (significant worker

TA–W No. Subject firm Location Impact date

93,047 ...... Trine Aspects, Limited ...... New York, NY.

The investigation revealed that the acquisition of articles or services from a certified eligible to apply for TAA), and criteria under paragraphs (a)(2)(A)(i) foreign country), (b)(2) (supplier to a (e) (International Trade Commission) of (decline in sales or production, or both), firm whose workers are certified eligible section 222 have not been met. or (a)(2)(B) (shift in production or to apply for TAA or downstream services to a foreign country or producer to a firm whose workers are

TA–W No. Subject firm Location Impact date

92,611 ...... Tektronix, Inc., Adecco ...... Beaverton, OR. 92,945 ...... APL Logistics Warehouse Management Services, Inc., Progress Rail ...... Hodgkins, IL. 92,995 ...... Dell Products, L.P., Research and Development, Networking Test Engineer- Round Rock, TX. ing, etc. 93,110 ...... Encap Technologies, Inc., Production Workers ...... Palatine, IL. 93,113 ...... North East Foundry, Inc. dba REMMCO Inc ...... North East, PA.

The investigation revealed that the services from a foreign country), (b)(2) for TAA), and (e) (International Trade criteria under paragraphs (a)(2)(A) (supplier to a firm whose workers are Commission) of section 222 have not (increased imports), (a)(2)(B) (shift in certified eligible to apply for TAA or been met. production or services to a foreign downstream producer to a firm whose country or acquisition of articles or workers are certified eligible to apply

TA–W No. Subject firm Location Impact date

92,611 ...... Tektronix, Inc., Adecco ...... Beaverton, OR. 92,945 ...... APL Logistics Warehouse Management Services, Inc., Progress Rail ...... Hodgkins, IL. 92,995 ...... Dell Products, L.P., Research and Development, Networking Test Engineer- Round Rock, TX, ing, etc. 93,110 ...... Encap Technologies, Inc., Production Workers ...... Palatine, IL. 93,113 ...... North East Foundry, Inc. dba REMMCO Inc ...... North East, PA.

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Determinations Terminating on the Department’s Web site, as The following determinations Investigations of Petitions for Trade required by Section 221 of the Act (19 terminating investigations were issued Adjustment Assistance U.S.C. 2271), the Department initiated in cases where the petition regarding the After notice of the petitions was investigations of these petitions. investigation has been deemed invalid. published in the Federal Register and

TA–W No. Subject firm Location Impact date

92,450 ...... Impresa Aerospace LLC ...... Wichita, KS. 92,958 ...... Alamac Investors LLC, Alamac American Knits ...... Lumberton, NC.

The following determinations behalf the petition was filed is covered terminating investigations were issued under an existing certification. because the worker group on whose

TA–W No. Subject firm Location Impact date

92,959 ...... ASG Technologies Group, Inc ...... Phoenix, AZ. 93,101 ...... Electrofilm Manufacturing Company LLC, EnviroTech LLC, Aerotek Commer- Valencia, CA. cial Staffing, Ronin Staffing LLC, etc. 93,105 ...... M+W US, Inc ...... Plano, TX.

The following determinations workers is covered by an earlier petition investigation for which a determination terminating investigations were issued that is the subject of an ongoing has not yet been issued. because the petitioning group of

TA–W No. Subject firm Location Impact date

93,220 ...... Country Curtains, Fitzpatrick Companies ...... Richmond, VA.

I hereby certify that the DEPARTMENT OF LABOR The petitioners or any other persons aforementioned determinations were showing a substantial interest in the issued during the period of September Employment and Training subject matter of the investigations may 23, 2017 through October 20, 2017. Administration request a public hearing provided such These determinations are available on Investigations Regarding Eligibility To request is filed in writing with the the Department’s Web site https:// Director, Office of Trade Adjustment _ Apply for Worker Adjustment www.doleta.gov/tradeact/taa/taa Assistance Assistance, at the address shown below, search_form.cfm under the searchable no later than December 7, 2017. Petitions have been filed with the listing determinations or by calling the Interested persons are invited to Secretary of Labor under Section 221(a) Office of Trade Adjustment Assistance submit written comments regarding the toll free at 888–365–6822. of the Trade Act of 1974 (‘‘the Act’’) and are identified in the Appendix to this subject matter of the investigations to Signed at Washington, DC, this 27th day of notice. Upon receipt of these petitions, the Director, Office of Trade Adjustment October 2017. the Director of the Office of Trade Assistance, at the address shown below, Hope D. Kinglock, Adjustment Assistance, Employment not later than December 7, 2017. Certifying Officer, Office of Trade Adjustment and Training Administration, has The petitions filed in this case are Assistance. instituted investigations pursuant to available for inspection at the Office of [FR Doc. 2017–25515 Filed 11–24–17; 8:45 am] Section 221(a) of the Act. the Director, Office of Trade Adjustment BILLING CODE 4510–FN–P The purpose of each of the Assistance, Employment and Training investigations is to determine whether Administration, U.S. Department of the workers are eligible to apply for Labor, Room N–5428, 200 Constitution adjustment assistance under Title II, Avenue NW., Washington, DC 20210. Chapter 2, of the Act. The investigations will further relate, as appropriate, to the Signed at Washington, DC, this 20th day of determination of the date on which total October 2017. or partial separations began or Hope D. Kinglock, threatened to begin and the subdivision Certifying Officer, Office of Trade Adjustment of the firm involved. Assistance.

APPENDIX [73 TAA petitions instituted between 9/23/17 and 10/20/17]

Date of Date of TA–W Subject firm (petitioners) Location institution petition

93167 ...... HCP Davita Medical Management LLC (State/One-Stop) ...... Denver, CO ...... 09/25/17 09/22/17

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APPENDIX—Continued [73 TAA petitions instituted between 9/23/17 and 10/20/17]

Date of Date of TA–W Subject firm (petitioners) Location institution petition

93168 ...... Manpower on-site at IBM (State/One-Stop) ...... Boulder, CO ...... 09/25/17 09/22/17 93169 ...... Putnam Company, Inc. (Company) ...... Walworth, WI ...... 09/25/17 09/22/17 93170 ...... SSAB Iowa, Inc. (State/One-Stop) ...... Muscatine, IA ...... 09/25/17 09/22/17 93171 ...... Convergys (Workers) ...... Tamarac, FL ...... 09/26/17 09/02/17 93172 ...... General Foam Plastics Corp. Headquarter (State/One-Stop) Virginia Beach, VA ...... 09/26/17 09/26/17 93173 ...... Itron (Workers) ...... Owenton, KY ...... 09/26/17 09/14/17 93174 ...... Total System Services, Inc., (TSYS) (Workers) ...... Boise, ID ...... 09/27/17 09/08/17 93175 ...... Del Monte Foods, Inc. (State/One-Stop) ...... Siloam Springs, AR ...... 09/28/17 09/27/17 93176 ...... Microsoft Corporation (Workers) ...... Wilsonville, OR ...... 09/28/17 09/27/17 93177 ...... Sutherland Global Services (State/One-Stop) ...... Rochester, NY ...... 09/28/17 09/27/17 93178 ...... AK Steel Corporation—Butler Works (State/One-Stop) ...... Butler, PA ...... 09/29/17 09/28/17 93179 ...... AK Steel (State/One-Stop) ...... Middletown, OH ...... 09/29/17 09/28/17 93180 ...... ArcelorMittal USA (State/One-Stop) ...... Cleveland, OH ...... 09/29/17 09/28/17 93181 ...... Bank of America (State/One-Stop) ...... Simi Valley, CA ...... 09/29/17 09/28/17 93182 ...... NLMK (Top Gun) (State/One-Stop) ...... Sharon, PA ...... 09/29/17 09/28/17 93183 ...... North Star BlueScope (State/One-Stop) ...... Delta, OH ...... 09/29/17 09/28/17 93184 ...... United States Steel Corporation (State/One-Stop) ...... West Mifflin, PA ...... 09/29/17 09/28/17 93185 ...... EVRAZ Oregon Steel Mill (Spiral Pipe Mill) (State/One-Stop) Portland, OR ...... 10/02/17 09/29/17 93186 ...... Faurecia (Union) ...... Fraser, MI ...... 10/02/17 09/29/17 93187 ...... Faurecia (Union) ...... Sterling Heights, MI ...... 10/02/17 09/29/17 93188 ...... Faurecia (Union) ...... Fraser, MI ...... 10/02/17 09/29/17 93189 ...... Faurecia (Union) ...... Sterling Heights, MI ...... 10/02/17 09/29/17 93190 ...... Kellogg Rossville Eggo Plant (State/One-Stop) ...... Rossville, TN ...... 10/02/17 09/29/17 93191 ...... Kellogg Snack (State/One-Stop) ...... Memphis, TN ...... 10/02/17 09/29/17 93192 ...... Oracle (1 Pierce Place, Itasca, IL) (State/One-Stop) ...... Itasca, IL ...... 10/02/17 09/28/17 93193 ...... Sony Corp Of America (State/One-Stop) ...... Park Ridge, NJ ...... 10/02/17 09/29/17 93194 ...... Voya Financial (State/One-Stop) ...... Windsor, CT ...... 10/02/17 10/02/17 93195 ...... American Home Patient, Inc. (Workers) ...... Philipsburg, PA ...... 10/03/17 09/22/17 93196 ...... Hearth and Home Technologies (State/One-Stop) ...... Colville, WA ...... 10/03/17 09/28/17 93197 ...... The Fitzpatrick Companies Inc. DBA Country Curtains Inc. Lee, MA ...... 10/03/17 10/03/17 and Housatonic Cur (State/One-Stop). 93198 ...... IBM–GTS–GSAM Relationship and Problem Management Seattle, WA ...... 10/03/17 09/25/17 (State/One-Stop). 93199 ...... North Pacific Paper Company LLC. (Norpac) (State/One- Longview, WA ...... 10/03/17 10/02/17 Stop). 93200 ...... Reebok International (State/One-Stop) ...... Canton, MA ...... 10/03/17 10/03/17 93201 ...... SCA AfH Professional Hygiene (Union) ...... Flagstaff, AZ ...... 10/03/17 09/21/17 93202 ...... DexYP (Workers) ...... Tucker, GA ...... 10/04/17 10/03/17 93203 ...... Emcore Corporation (State/One-Stop) ...... Alhambra, CA ...... 10/04/17 10/03/17 93204 ...... Plews, Inc. (dba Plews & Edlemann) (Company) ...... Dixon, IL ...... 10/04/17 10/03/17 93205 ...... Lockheed Martin Commercial Engine Solutions (State/One- San Antonio, TX ...... 10/05/17 10/04/17 Stop). 93206 ...... Powerex, Inc. (Company) ...... Youngwood, PA ...... 10/05/17 10/04/17 93207 ...... Sohnen Enterprises Inc. (State/One-Stop) ...... Santa Fe, CA ...... 10/05/17 10/04/17 93208 ...... Deufol Sunman (State/One-Stop) ...... Sunman, IN ...... 10/06/17 10/04/17 93209 ...... Fiserv Solutions, LLC (Workers) ...... Walnut, CA ...... 10/06/17 10/05/17 93210 ...... Augusta Sportswear (State/One-Stop) ...... Grovetown, GA ...... 10/06/17 10/05/17 93211 ...... Huntsman P&A Americas LLC/Venator Corporation (State/ St. Louis, MO ...... 10/06/17 10/05/17 One-Stop). 93212 ...... Northwestern Mutual (State/One-Stop) ...... Franklin, WI ...... 10/06/17 10/05/17 93213 ...... Windstream Corporation (State/One-Stop) ...... Vancouver, WA ...... 10/06/17 10/04/17 93214 ...... Emerson Automation Solutions, Actuation Technologies Pelhem, AL ...... 10/11/17 10/09/17 (Company). 93215 ...... NSi Industries LLC (State/One-Stop) ...... Mount Vernon, NY ...... 10/11/17 10/06/17 93216 ...... Pharmaceutics International, Inc. (Pii) (State/One-Stop) ...... Hunt Valley, MD ...... 10/11/17 10/06/17 93217 ...... Unlimited Seams Industrial Services (State/One-Stop) ...... Pulaski, TN ...... 10/11/17 10/06/17 93218 ...... Xerox (State/One-Stop) ...... Norwalk, CT ...... 10/11/17 10/06/17 93219 ...... Atwood Automotive (State/One-Stop) ...... Stockton, IL ...... 10/12/17 10/10/17 93220 ...... Country Curtains (State/One-Stop) ...... Richmond, VA ...... 10/12/17 10/10/17 93221 ...... MD Electronics Corporation (State/One-Stop) ...... Jamestown, NY ...... 10/12/17 10/10/17 93222 ...... Nokia (State/One-Stop) ...... Murray Hill, NJ ...... 10/12/17 10/10/17 93223 ...... Saint Gobain (State/One-Stop) ...... Fort Smith, AR ...... 10/12/17 10/10/17 93224 ...... Superior Industries International, Inc. (State/One-Stop) ...... Rogers, AR ...... 10/12/17 10/10/17 93225 ...... Automated Data Processing Inc. (State/One-Stop) ...... Lynwood, WA ...... 10/13/17 10/11/17 93226 ...... LEAR (Union) ...... Southfield, MI ...... 10/13/17 10/12/17 93227 ...... Umicore Thin Film Products (State/One-Stop) ...... Providence, RI ...... 10/13/17 10/11/17 93228 ...... Brooks Automation Inc. (State/One-Stop) ...... Poway, CA ...... 10/16/17 10/12/17 93229 ...... CenturyLink (Workers) ...... Carlisle, PA ...... 10/16/17 10/13/17 93230 ...... BP United States (State/One-Stop) ...... Naperville, IL ...... 10/17/17 10/13/17 93231 ...... Bush Industries, Inc. (Company) ...... Jamestown, NY ...... 10/17/17 10/13/17

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APPENDIX—Continued [73 TAA petitions instituted between 9/23/17 and 10/20/17]

Date of Date of TA–W Subject firm (petitioners) Location institution petition

93232 ...... JD Norman Industries (State/One-Stop) ...... Brooklyn, OH ...... 10/17/17 10/13/17 93233 ...... Commercial Sewing, Inc. (Company) ...... Phillipsburg, MO ...... 10/18/17 10/17/17 93234 ...... Knight LLC. (State/One-Stop) ...... Irvine, CA ...... 10/18/17 10/16/17 93235 ...... Gruma Corporation DBA: Mission Foods and Azteca Milling Irving, TX ...... 10/19/17 10/17/17 (State/One-Stop). 93236 ...... RotaDyne Molded Products (State/One-Stop) ...... Chicago, IL ...... 10/19/17 10/17/17 93237 ...... A.L. Lee Corporation (Union) ...... Lester, WV ...... 10/20/17 10/18/17 93238 ...... Appleton Coated LLC (Union) ...... Combined Locks, WI ...... 10/20/17 10/16/17 93239 ...... Kalmar Rough Terrain Center, LLC a Subsidiary of Cargotec Cibolo, TX ...... 10/20/17 10/18/17 (State/One-Stop).

[FR Doc. 2017–25530 Filed 11–24–17; 8:45 am] addressee section below on or before possible for communities and BILLING CODE 4510–FN–P January 23, 2018. individuals to thrive. To learn more, IMLS is particularly interested in visit www.imls.gov. comments that help the agency to: II. Current Actions THE NATIONAL FOUNDATION FOR • Evaluate whether the proposed THE ARTS AND THE HUMANITIES collection of information is necessary The annual IMLS National Medals for the proper performance of the Program is designed to recognize Institute of Museum and Library functions of the agency, including outstanding libraries and museums that Services whether the information will have have made significant contributions in practical utility; service to improve the wellbeing of their Notice of Proposed Information • Evaluate the accuracy of the communities. IMLS is interested in Collection Requests: 2019–2021 IMLS agency’s estimate of the burden of the museum and library programs that build National Medals Nomination Forms proposed collection of information community cohesion and serve as a AGENCY: Institute of Museum and including the validity of the catalyst for positive community change, methodology and assumptions used; including services for veterans and Library Services, National Foundation • for the Arts and the Humanities. Enhance the quality, utility, and military families, at-risk children and clarity of the information to be families, the un- and under-employed, ACTION: Notice, request for comments on collected; and and youth confronting barriers to STEM- this collection of information. • Minimize the burden of the related employment. Selected SUMMARY: The Institute of Museum and collection of information on those who institutions demonstrate extraordinary Library Services (IMLS), as part of its are to respond, including through the approaches to serving their constituents; continuing effort to reduce paperwork use of appropriate automated electronic, they exceed expected levels of and respondent burden, conducts a pre- mechanical, or other technological community outreach. These clearance consultation program to collection techniques, or other forms of organizations have established provide the general public and federal information technology, e.g., permitting themselves as community anchor agencies with an opportunity to electronic submissions of responses. institutions. Recipient institutions are comment on proposed and/or ADDRESSES: Send comments to: Dr. honored at an awards ceremony that is continuing collections of information in Sandra Webb, Senior Advisor, Office of held in Washington, DC. accordance with the Paperwork the Director, Institute of Museum and Agency: Institute of Museum and Reduction Act. This pre-clearance Library Services, 955 L’Enfant Plaza Library Services. consultation program helps to ensure North SW., Suite 4000, Washington, DC Title: National Medals Program that requested data can be provided in 20024–2135. Dr. Webb can be reached Nomination Forms. the desired format, reporting burden by Telephone: 202–653–4718, Fax: 202– OMB Number: 3137–0097. (time and financial resources) is 653–4608, or by email at swebb@ Frequency: Once per year. minimized, collection instruments are imls.gov, or by teletype (TTY/TDD) for Affected Public: Library and Museum clearly understood, and the impact of persons with hearing difficulty at 202– applicants. collection requirements on respondents 653–4614. Number of Respondents: 159. can be properly assessed. By this notice, SUPPLEMENTARY INFORMATION: Estimated Average Burden per IMLS is soliciting comments concerning Response: 9 hours. the annual IMLS National Medals I. Background Estimated Total Annual Burden: Program is designed to recognize The Institute of Museum and Library 1,444 hours. outstanding libraries and museums that Services is the primary source of federal Total Annualized capital/startup have made significant contributions in support for the nation’s approximately costs: n/a. service to improve the wellbeing of their 120,000 libraries and 35,000 museums Total Annual costs: $40,338. communities. and related organizations. Our mission Public Comments Invited: Comments A copy of the proposed information is to inspire libraries and museums to submitted in response to this notice will collection request can be obtained by advance innovation, lifelong learning, be summarized and/or included in the contacting the individual listed below and cultural and civic engagement. Our request for OMB’s clearance of this in the ADDRESSES section of this notice. grant making, policy development, and information collection. DATES: Written comments must be research help libraries and museums FOR FURTHER INFORMATION CONTACT: Dr. submitted to the office listed in the deliver valuable services that make it Sandra Webb, Senior Advisor, Office of

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the Director, Institute of Museum and FOR FURTHER INFORMATION CONTACT: want to be publicly disclosed in your Library Services, 955 L’Enfant Plaza David Cullison, Office of the Chief comment submission. The NRC will North SW., Suite 4000, Washington, DC Information Officer, U.S. Nuclear post all comment submissions at http:// 20024–2135. Dr. Webb can be reached Regulatory Commission, Washington, www.regulations.gov as well as enter the by Telephone: 202–653–4718 Fax: 202– DC 20555–0001; telephone: 301–415– comment submissions into ADAMS, 653–4608, or by email at swebb@ 2084; email: INFOCOLLECTS.Resource@ and the NRC does not routinely edit imls.gov, or by teletype (TTY/TDD) for NRC.GOV. comment submissions to remove persons with hearing difficulty at 202– SUPPLEMENTARY INFORMATION: identifying or contact information. 653–4614. If you are requesting or aggregating I. Obtaining Information and Dated: November 20, 2017. comments from other persons for Submitting Comments submission to the NRC, then you should Kim Miller, A. Obtaining Information inform those persons not to include Grants Management Specialist, Office of Chief identifying or contact information that Information Officer. Please refer to Docket ID NRC–2017– they do not want to be publicly [FR Doc. 2017–25448 Filed 11–24–17; 8:45 am] 0180 when contacting the NRC about disclosed in their comment submission. BILLING CODE 7036–01–P the availability of information for this Your request should state that the NRC action. You may obtain publicly- does not routinely edit comment available information related to this submissions to remove such information NUCLEAR REGULATORY action by any of the following methods: before making the comment • Federal rulemaking Web site: Go to COMMISSION submissions available to the public or http://www.regulations.gov and search entering the comment into ADAMS. [NRC–2017–0180] for Docket ID NRC–2017–0180. • NRC’s Agencywide Documents II. Background Information Collection: Voluntary Access and Management System In accordance with the Paperwork Reporting of Planned New Reactor (ADAMS): You may obtain publicly- Reduction Act of 1995 (44 U.S.C. Applications available documents online in the Chapter 35), the NRC is requesting ADAMS Public Documents collection at AGENCY: Nuclear Regulatory public comment on its intention to Commission. http://www.nrc.gov/reading-rm/ request the Office of Management and adams.html. To begin the search, select Budget’s (OMB) approval for the ACTION: Renewal of existing information ‘‘ADAMS Public Documents’’ and then collection; request for comment. information collection summarized select ‘‘Begin Web-based ADAMS below. SUMMARY: The U.S. Nuclear Regulatory Search.’’ For problems with ADAMS, 1. The title of the information Commission (NRC) invites public please contact the NRC’s Public collection: Voluntary Reporting of comment on the renewal of Office of Document Room (PDR) reference staff at Planned New Reactor Applications. Management and Budget (OMB) 1–800–397–4209, 301–415–4737, or by 2. OMB approval number: 3150–0228. approval for an existing collection of email to [email protected]. A copy 3. Type of submission: Extension. information. The information collection of the collection of information and 4. The form number, if applicable: is entitled, ‘‘Voluntary Reporting of related instructions may be obtained Not Applicable. Planned New Reactor Applications.’’ without charge by accessing ADAMS 5. How often the collection is required Accession No. ML17200C870. The or requested: Annually. DATES: Submit comments by January 26, supporting statement is available in 6. Who will be required or asked to 2018. Comments received after this date ADAMS under Accession No. respond: Applicants, licensees, and will be considered if it is practical to do ML17200C871. potential applicants report this so, but the Commission is able to ensure • NRC’s PDR: You may examine and information on a strictly voluntary consideration only for comments purchase copies of public documents at basis. received on or before this date. the NRC’s PDR, Room O1–F21, One 7. The estimated number of annual ADDRESSES: You may submit comments White Flint North, 11555 Rockville responses: 5. by any of the following methods: Pike, Rockville, Maryland 20852. 8. The estimated number of annual • Federal Rulemaking Web site: Go to • NRC’s Clearance Officer: A copy of respondents: 5. http://www.regulations.gov and search the collection of information and related 9. The estimated number of hours for Docket ID NRC–2017–0180. Address instructions may be obtained without needed annually to comply with the questions about NRC dockets to Carol charge by contacting NRC’s Clearance information collection requirement or Gallagher; telephone: 301–415–3463; Officer, David Cullison, Office of the request: 60. email: [email protected]. For Chief Information Officer, U.S. Nuclear 10. Abstract: This voluntary technical questions, contact the Regulatory Commission, Washington, information collection assists the NRC individual listed in the FOR FURTHER DC 20555–0001; telephone: 301–415– in determining resource and budget INFORMATION CONTACT section of this 2084; email: INFOCOLLECTS.Resource@ needs as well as aligning the proper document. NRC.GOV. allocation and utilization of resources to • Mail comments to: David Cullison, support applicant submittals, future Office of the Chief Information Officer, B. Submitting Comments construction-related activities, and other Mail Stop: T–2 F43, U.S. Nuclear Please include Docket ID NRC–2017– anticipated part 50 and/or part 52 of Regulatory Commission, Washington, 0180 in the subject line of your title 10 of the Code of Federal DC 20555–0001. comment submission, in order to ensure Regulations (10 CFR) licensing and For additional direction on obtaining that the NRC is able to make your design certification rulemaking actions. information and submitting comments, comment submission available to the In addition, information provided to the see ‘‘Obtaining Information and public in this docket. NRC staff is intended to promote early Submitting Comments’’ in the The NRC cautions you not to include communications between the NRC and SUPPLEMENTARY INFORMATION section of identifying or contact information in the respective addressees about this document. comment submissions that you do not potential 10 CFR part 50 and/or part 52

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licensing actions and related activities, authorities, in the event of an the final removal of fuel from its reactor submission dates, and plans for emergency at Fort Calhoun, would be vessel was completed on November 13, construction and inspection activities. retained. The NRC staff is issuing an 2016. By letter dated November 13, The overarching goal of this information environmental assessment (EA) and 2016, OPPD submitted to the NRC a collection is to assist the NRC staff more finding of no significant impact (FONSI) certification of the permanent cessation effectively and efficiently plan, associated with the proposed of power operations at Fort Calhoun and schedule, and implement activities and exemptions. the permanent removal of fuel from the reviews in a timely manner. DATES: The EA and FONSI referenced in Fort Calhoun reactor vessel. As a III. Specific Requests for Comments this document are available on permanently shutdown and defueled November 27, 2017. facility, and pursuant to section The NRC is seeking comments that ADDRESSES: Please refer to Docket ID 50.82(a)(2) of title 10 of the Code of address the following questions: NRC–2017–0223 when contacting the Federal Regulations (10 CFR), Fort 1. Is the proposed collection of NRC about the availability of Calhoun is no longer authorized to be information necessary for the NRC to information regarding this document. operated or to have fuel placed into its properly perform its functions? Does the You may obtain publicly-available reactor vessel. However, the licensee is information have practical utility? information related to this document still authorized to possess and store 2. Is the estimate of the burden of the using any of the following methods: irradiated nuclear fuel, which is information collection accurate? • Federal Rulemaking Web Site: Go to 3. Is there a way to enhance the currently stored onsite at Fort Calhoun http://www.regulations.gov and search in a spent fuel pool and in an quality, utility, and clarity of the for Docket ID NRC–2017–0223. Address information to be collected? independent spent fuel storage questions about NRC dockets to Carol installation. 4. How can the burden of the Gallagher; telephone: 301–415–3463; information collection on respondents email: [email protected]. For The licensee has requested be minimized, including the use of technical questions, contact the exemptions for Fort Calhoun from automated collection techniques or individual listed in the FOR FURTHER certain EP requirements in 10 CFR part other forms of information technology? INFORMATION CONTACT section of this 50, ‘‘Domestic Licensing of Production Dated at Rockville, Maryland, this 20th day document. and Utilization Facilities.’’ The NRC of November 2017. • NRC’s Agencywide Documents regulations concerning EP do not For the Nuclear Regulatory Commission. Access and Management System recognize the reduced risks after a David Cullison, (ADAMS): You may obtain publicly- reactor is permanently shut down and NRC Clearance Officer, Office of the Chief available documents online in the defueled. As such, a permanently Information Officer. ADAMS Public Documents collection at shutdown and defueled reactor such as [FR Doc. 2017–25513 Filed 11–24–17; 8:45 am] http://www.nrc.gov/reading-rm/ Fort Calhoun must continue to maintain BILLING CODE 7590–01–P adams.html. To begin the search, select the same EP requirements as an ‘‘ADAMS Public Documents’’ and then operating power reactor under the select ‘‘Begin Web-based ADAMS existing regulatory requirements. To NUCLEAR REGULATORY Search.’’ For problems with ADAMS, establish a level of EP commensurate COMMISSION please contact the NRC’s Public with the reduced risks of a permanently Document Room (PDR) reference staff at shutdown and defueled reactor, OPPD [Docket No. 50–285; NRC–2017–0223] 1–800–397–4209, 301–415–4737, or by requires exemptions from certain EP Omaha Public Power District; Fort email to [email protected]. For the regulatory requirements before it can Calhoun Station, Unit No. 1 convenience of the reader, the ADAMS change its emergency plans. accession numbers are provided in a The NRC is considering issuing AGENCY: Nuclear Regulatory table in the ‘‘Availability of Documents’’ exemptions from portions of 10 CFR Commission. section of this document. • 50.47, ‘‘Emergency plans,’’ and 10 CFR ACTION: Environmental assessment and NRC’s PDR: You may examine and purchase copies of public documents at part 50, appendix E, ‘‘Emergency finding of no significant impact; Planning and Preparedness for issuance. the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Production and Utilization Facilities,’’ SUMMARY: The U.S. Nuclear Regulatory Pike, Rockville, Maryland 20852. to OPPD, which would eliminate the requirements for OPPD to maintain Commission (NRC) is considering FOR FURTHER INFORMATION CONTACT: issuance of exemptions in response to a James Kim, Office of Nuclear Reactor offsite radiological emergency plans and request from Omaha Public Power Regulation, U.S. Nuclear Regulatory reduce some of the onsite EP activities, District (OPPD or the licensee) that Commission, Washington, DC 20555– based on the reduced risks at Fort would permit the licensee to reduce its 0001; telephone: 301–415–4125; email: Calhoun, due to its permanently emergency planning (EP) activities at [email protected]. shutdown and defueled status. Consistent with 10 CFR 51.21, the NRC the Fort Calhoun Station, Unit No. 1 SUPPLEMENTARY INFORMATION: (Fort Calhoun). The licensee is seeking has reviewed the requirements in 10 exemptions that would eliminate the I. Introduction CFR 51.20(b) and 10 CFR 51.22(c) and requirements for the licensee to Fort Calhoun is a permanently determined that an EA is the maintain formal offsite radiological shutdown and defueled nuclear power appropriate form of environmental emergency plans, and reduce some of plant, located in Washington County, review for the requested action. Based the onsite EP activities, based on the Nebraska, which is in the process of on the results of the EA, which is reduced risks at Fort Calhoun, which is decommissioning. The licensee is the provided in Section II of this document, permanently shutdown and defueled. holder of Renewed Facility Operating the NRC has determined not to prepare However, requirements for certain License No. DPR–40 for operation of an environmental impact statement for onsite capabilities to communicate and Fort Calhoun. Fort Calhoun has been the proposed action, and is issuing a coordinate with offsite response shut down since October 24, 2016, and FONSI.

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II. Environmental Assessment April 20, 2017, in which OPPD EP rule to Fort Calhoun, in its particular provided responses to the NRC staff’s circumstances as a permanently Description of the Proposed Action requests for additional information shutdown and defueled reactor, would The proposed action would exempt concerning the proposed exemptions. not serve the underlying purpose of the OPPD from meeting certain rule or is not necessary to achieve the Need for the Proposed Action requirements set forth in 10 CFR 50.47 underlying purpose of the rule. The and appendix E to 10 CFR part 50. More The proposed action is needed for licensee also stated that it would incur specifically, OPPD requested OPPD to revise Fort Calhoun’s undue costs in the application of exemptions from: (1) Certain Emergency Plan to reflect the operating plant EP requirements for the requirements in 10 CFR 50.47(b) permanently shutdown and defueled maintenance of an emergency response regarding onsite and offsite emergency status of the facility. The EP organization in excess of that actually response plans for nuclear power requirements currently applicable to needed to respond to the diminished reactors; (2) certain requirements in 10 Fort Calhoun are for an operating power scope of credible accidents for a CFR 50.47(c)(2) to establish plume reactor. There are no explicit regulatory permanently shutdown and defueled exposure and ingestion pathway provisions distinguishing EP reactor. emergency planning zones for nuclear requirements for a power reactor that power reactors; and (3) certain has been permanently shut down and Environmental Impacts of the Proposed requirements in 10 CFR part 50, defueled, from those for an operating Action appendix E, section IV, which power reactor. Therefore, since the 10 Based on the conclusions reached in establishes the elements that make up CFR part 50 license for Fort Calhoun no SECY–17–0080, the NRC staff concludes the content of a licensee’s emergency longer authorizes operation of the that the exemptions, if granted, would plan. The proposed action of granting reactor or emplacement or retention of not significantly increase the probability these exemptions would eliminate the fuel into the reactor vessel, as specified or consequences of accidents at Fort requirements for OPPD to maintain in 10 CFR 50.82(a)(2), the occurrence of Calhoun in its permanently shutdown formal offsite radiological emergency postulated accidents associated with and defueled condition. There would be plans, as described in 44 CFR part 350, reactor operation is no longer credible. no significant change in the types of any and reduce some of the onsite EP In its exemption request, the licensee effluents that may be released offsite. activities at Fort Calhoun, based on the identified the remaining possible There would be no significant increase reduced risks at the permanently accidents at Fort Calhoun in its in the amounts of any effluents that may shutdown and defueled reactor. permanently shutdown and defueled be released offsite. There would be no However, requirements for certain condition. The NRC staff evaluated significant increase in individual or onsite capabilities to communicate and these possible radiological accidents, as cumulative occupational or public coordinate with offsite response memorialized in the Commission Paper radiation exposure. Therefore, there are authorities, in the event of an (SECY)–17–0080, ‘‘Request by the no significant radiological emergency at Fort Calhoun, would be Omaha Public Power District for environmental impacts associated with retained. Additionally, if necessary, Exemptions from Certain Emergency the proposed action. offsite protective actions could still be Planning Requirements for the Fort With regard to potential non- implemented using a comprehensive Calhoun Station, Unit No. 1,’’ dated radiological impacts, the proposed emergency management plan (CEMP) August 10, 2017. In SECY–17–0080, the action does not have any foreseeable process. A CEMP in this context, also NRC staff stated that it had verified that impacts to land, air, or water resources, referred to as an emergency operations OPPD’s analyses and calculations including impacts to biota. In addition, plan, is addressed in the Federal provided reasonable assurance that if there are no known socioeconomic or Emergency Management Agency’s the requested exemptions were granted, environmental justice impacts Comprehensive Preparedness Guide then: (1) For a design-basis accident, an associated with the proposed action. (CPG) 101. The CPG 101 is the offsite radiological release will not Therefore, there are no significant non- foundation for State, territorial, Tribal, exceed the U.S. Environmental radiological environmental impacts and local EP in the United States. It Protection Agency’s Protective Action associated with the proposed action. promotes a common understanding of Guides (PAGs) at the exclusion area Accordingly, the NRC concludes that the fundamentals of risk-informed boundary, as detailed in the there are no significant environmental planning and decision making, and Environmental Protection Agency ‘‘PAG impacts associated with the proposed helps planners at all levels of Manual: Protective Action Guides and action. government in their efforts to develop Planning Guidance for Radiological and maintain viable, all-hazards, all- Incidents,’’ January 2017; and (2) in the Environmental Impacts of the threats emergency plans. An emergency unlikely event of a beyond design-basis Alternatives to the Proposed Action operations plan is flexible enough for accident, resulting in a loss of all spent As an alternative to the proposed use in all emergencies. It describes how fuel pool cooling, there is sufficient time action, the NRC staff considered the people and property will be protected; to initiate appropriate mitigating actions denial of the proposed action (i.e., the details regarding who is responsible for on site and, if a release is projected to ‘‘no-action’’ alternative). The denial of carrying out specific actions; identifies occur, there is sufficient time for offsite the proposed action would not result in the personnel, equipment, facilities, agencies to take protective actions using a change to the current environmental supplies, and other resources available; a CEMP to protect the public health and impacts. Therefore, the environmental and outlines the process by which all safety. The Commission approved the impacts of the proposed action and the actions will be coordinated. A CEMP is NRC staff’s recommendation to grant the alternative action are similar. often referred to as a synonym for ‘‘all- exemptions, based on this evaluation in hazards planning.’’ its Staff Requirements Memorandum Alternative Use of Resources The proposed action is in accordance (SRM) to SECY–17–0080, dated October The proposed action does not involve with the licensee’s application dated 25, 2017. the use of any different resources than December 16, 2016, as supplemented by Based on these analyses, the licensee those considered in the Final letters dated February 10, April 14, and stated that complete application of the Environmental Statement for the Fort

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Calhoun Station, Unit No. 1 dated reactors; (2) certain requirements in 10 Calhoun will be retained and offsite ‘‘all August 1972 as supplemented through CFR 50.47(c)(2) to establish plume hazards’’ EP provisions will still exist the ‘‘Generic Environmental Impact exposure and ingestion pathway through State and local government use Statement for License Renewal of emergency planning zones for nuclear of a CEMP. Nuclear Plants: Fort Calhoun Station power reactors; and (3) certain Consistent with 10 CFR 51.21, the Unit 1—Final Report (NUREG–1437, requirements in 10 CFR part 50, NRC conducted the EA for the proposed appendix E, section IV, which Supplement 12).’’ action, which is included in Section II establishes the elements that make up of this document, and incorporated by Agencies or Persons Consulted the content of a licensee’s emergency reference in this finding. On the basis of The NRC staff did not enter into plan. The proposed action of granting this EA, the NRC concludes that the consultation with any other Federal these exemptions would eliminate the proposed action will not have a agency or with the State of Nebraska requirements for the licensee to significant effect on the quality of the regarding the environmental impact of maintain formal offsite radiological human environment. Accordingly, the the proposed action. On October 5, emergency plans, as described in 44 2017, the Nebraska state representative CFR part 350, and reduce some of the NRC has decided not to prepare an was notified of this EA and FONSI. onsite EP activities at Fort Calhoun, environmental impact statement for the based on the reduced risks at the proposed action. III. Finding of No Significant Impact permanently shutdown and defueled IV. Availability of Documents The licensee has proposed reactor. However, requirements for exemptions from: (1) Certain certain onsite capabilities to The documents identified in the requirements in 10 CFR 50.47(b) communicate and coordinate with following table are available to regarding onsite and offsite emergency offsite response authorities following interested persons through one or more response plans for nuclear power declaration of an emergency at Fort of the following methods, as indicated.

Document ADAMS Accession No./Web link

Developing and Maintaining Emergency Operations Plans, Comprehensive Preparedness http://www.fema.gov/pdf/about/divisions/npd/ Guide (CPG) 101, Version 2.0, November 2010. CPG_101_V2.pdf. Docket No. 50–285, Request for Exemptions from Portions of 10 CFR 50.47 and 10 CFR Part ADAMS Accession No. ML16356A578. 50, Appendix E, dated December 16, 2016. Docket No. 50–285, Supplemental Information Needed For Acceptance of Requested Licensing ADAMS Accession No. ML17041A443. Action RE: Fort Calhoun Station Request for Exemptions from Portions of 10 CFR 50.47 and 10 CFR Part 50, Appendix E, dated February 10, 2017. Docket No. 50–285, Response to Request for Additional Information, Fort Calhoun Station, Unit ADAMS Accession No. ML17104A191. No. 1—Final Request for Additional Information Concerning Exemption from the Require- ments of 10 CFR 50.47 and Appendix E, dated April 14, 2017. Docket No. 50–285, Response to Request for Additional Information, Fort Calhoun Station, Unit ADAMS Accession No. ML17111A857. No. 1—Request for Additional Information RE: Defueled Emergency Plan Exemption Re- quest, dated April 20, 2017. PAG Manual: Protective Action Guides and Planning Guidance for Radiological Incidents, U.S. ADAMS Accession No. ML17044A073. Environmental Protection Agency, January 2017. SECY–17–0080, ‘‘Request by the Omaha Public Power District for Exemptions from Certain ADAMS Accession No. ML17116A430. Emergency Planning Requirements for the Fort Calhoun Station, Unit No. 1,’’ dated August 10, 2017. Staff Requirements Memorandum to SECY–17–0080, dated October 25, 2017 ...... ADAMS Accession No. ML17298A976. Staff Requirements Memorandum to SECY–08–0024, ‘‘Delegation of Commission Authority to ADAMS Accession No. ML081400510. Staff to Approve or Deny Emergency Plan Changes that Represent a Decrease in Effective- ness,’’ dated May 19, 2008. NUREG–1437, Supplement 12, ‘‘Generic Environmental Impact Statement for License Renewal ADAMS Accession No. ML032110191. of Nuclear Plants Regarding Fort Calhoun Station Unit 1,’’ August 2003.

Dated at Rockville, Maryland, this 21st day NUCLEAR REGULATORY collection is entitled, ‘‘Voluntary of November, 2017. COMMISSION Reporting of Performance Indicators.’’ For the Nuclear Regulatory Commission. [NRC–2017–0069] DATES: Submit comments by December Glenn E. Miller, 27, 2017. Acting Chief, Special Projects and Process Information Collection: Voluntary ADDRESSES: Submit comments directly Branch, Division of Operating Reactor Reporting of Performance Indicators to the OMB reviewer at: Brandon F. Licensing, Office of Nuclear Reactor DeBruhl, Desk Officer, Office of Regulation. AGENCY: Nuclear Regulatory Commission. Information and Regulatory Affairs [FR Doc. 2017–25561 Filed 11–24–17; 8:45 am] (3150–0195), NEOB–10202, Office of ACTION: Notice of submission to the BILLING CODE 7590–01–P Management and Budget, Washington, Office of Management and Budget; DC 20503; telephone: 202–395–0710, request for comment. email: [email protected]. SUMMARY: The U.S. Nuclear Regulatory FOR FURTHER INFORMATION CONTACT: Commission (NRC) has recently David Cullison, NRC Clearance Officer, submitted a request for renewal of an U.S. Nuclear Regulatory Commission, existing collection of information to the Washington, DC 20555–0001; telephone: Office of Management and Budget 301–415–2084; email: (OMB) for review. The information [email protected].

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SUPPLEMENTARY INFORMATION: publicly disclosed in their comment For the Nuclear Regulatory Commission. submission. Your request should state David Cullison, I. Obtaining Information and that comment submissions are not Submitting Comments NRC Clearance Officer, Office of the Chief routinely edited to remove such Information Officer. A. Obtaining Information information before making the comment [FR Doc. 2017–25514 Filed 11–24–17; 8:45 am] Please refer to Docket ID: NRC–2017– submissions available to the public or BILLING CODE 7590–01–P 0069 when contacting the NRC about entering the comment into ADAMS. the availability of information for this II. Background action. You may obtain publicly- POSTAL REGULATORY COMMISSION available information related to this Under the provisions of the Paperwork Reduction Act of 1995 (44 [Docket Nos. CP2017–280; CP2018–56; action by any of the following methods: CP2018–57; MC2018–29 and CP2018–58; • Federal Rulemaking Web site: Go to U.S.C. Chapter 35), the NRC recently CP2018–59; R2018–2] http://www.regulations.gov and search submitted a request for renewal of an for Docket ID: NRC–2017–0069. existing collection of information to New Postal Products • NRC’s Agencywide Documents OMB for review entitled, ‘‘Voluntary AGENCY: Access and Management System Reporting of Performance Indicators.’’ Postal Regulatory Commission. (ADAMS): You may obtain publicly- The NRC hereby informs potential ACTION: Notice. respondents that an agency may not available documents online in the SUMMARY: The Commission is noticing ADAMS Public Documents collection at conduct or sponsor, and that a person is not required to respond to, a collection recent Postal Service filings for the http://www.nrc.gov/reading-rm/ Commission’s consideration concerning adams.html. To begin the search, select of information unless it displays a currently valid OMB control number. negotiated service agreements. This ‘‘ADAMS Public Documents’’ and then notice informs the public of the filing, The NRC published a Federal select ‘‘Begin Web-based ADAMS invites public comment, and takes other Register notice with a 60-day comment Search.’’ For problems with ADAMS, administrative steps. please contact the NRC’s Public period on this information collection on DATES: Document Room (PDR) reference staff at August 8, 2017, 82 FR 37132. Comments are due: November 27, 2017 (Comment due date applies to 1–800–397–4209, 301–415–4737, or by 1. The title of the information R2018–2); November 29, 2017 email to [email protected]. A copy collection: ‘‘Voluntary Reporting of (Comment due date applies to CP2017– of the collection of information and Performance Indicators.’’ 280; CP2018–56; CP2018–57; MC2018– related instructions may be obtained 2. OMB approval number: 3150–0195. without charge by accessing ADAMS 29 and CP2018–58; CP2018–59). 3. Type of submission: Extension. Accession: No. ML17229B232. The ADDRESSES: Submit comments supporting statement is available in 4. The form number if applicable: N/ electronically via the Commission’s ADAMS under Accession: No. A. Filing Online system at http:// ML17229B268. 5. How often the collection is required www.prc.gov. Those who cannot submit • NRC’s PDR: You may examine and or requested: Quarterly. comments electronically should contact purchase copies of public documents at 6. Who will be required or asked to the person identified in the FOR FURTHER the NRC’s PDR, Room O1–F21, One respond: Power reactor licensees. INFORMATION CONTACT section by White Flint North, 11555 Rockville 7. The estimated number of annual telephone for advice on filing Pike, Rockville, Maryland 20852. responses: 376. alternatives. • NRC’s Clearance Officer: A copy of 8. The estimated number of annual FOR FURTHER INFORMATION CONTACT: the collection of information and related respondents: 94. David A. Trissell, General Counsel, at instructions may be obtained without 9. An estimate of the total number of 202–789–6820. charge by contacting the NRC’s hours needed annually to comply with SUPPLEMENTARY INFORMATION: Clearance Officer, David Cullison, the information collection requirement Office of the Chief Information Officer, Table of Contents or request: The total reporting and U.S. Nuclear Regulatory Commission, recordkeeping burden is 76,350 hours I. Introduction Washington, DC 20555–0001; telephone: (75,200 hours of reporting and 1,150 II. Docketed Proceeding(s) 301–415–2084; email: hours of recordkeeping). Infocollects.Resource@nrcgov. I. Introduction 10. Abstract: As part of a joint The Commission gives notice that the B. Submitting Comments industry-NRC initiative, the NRC Postal Service filed request(s) for the The NRC cautions you not to include receives information submitted Commission to consider matters related identifying or contact information in voluntarily by power reactor licensees to negotiated service agreement(s). The comment submissions that you do not regarding selected performance request(s) may propose the addition or want to be publicly disclosed in your attributes known as performance removal of a negotiated service comment submission. All comment indicators (PIs). Performance indicators agreement from the market dominant or submissions are posted at http:// are objective measures of the the competitive product list, or the www.regulations.gov and entered into performance of licensee systems or modification of an existing product ADAMS. Comment submissions are not programs. The NRC uses PI information currently appearing on the market routinely edited to remove identifying and inspection results in its Reactor dominant or the competitive product or contact information. Oversight Process to make decisions list. If you are requesting or aggregating about plant performance and regulatory Section II identifies the docket comments from other persons for response. Licensees transmit PIs number(s) associated with each Postal submission to the OMB, then you electronically to reduce burden on Service request, the title of each Postal should inform those persons not to themselves and the NRC. Service request, the request’s acceptance include identifying or contact Dated at Rockville, Maryland, this 20th day date, and the authority cited by the information that they do not want to be of November 2017. Postal Service for each request. For each

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request, the Commission appoints an to Add Priority Mail Express, Priority are available at www.prc.gov, Docket officer of the Commission to represent Mail & First-Class Package Service Nos. MC2018–30, CP2018–60. the interests of the general public in the Contract 27 to Competitive Product List proceeding, pursuant to 39 U.S.C. 505 and Notice of Filing Materials Under Elizabeth A. Reed, (Public Representative). Section II also Seal; Filing Acceptance Date: November Attorney, Corporate and Postal Business Law. establishes comment deadline(s) 17, 2017; Filing Authority: 39 U.S.C. [FR Doc. 2017–25455 Filed 11–24–17; 8:45 am] pertaining to each request. 3642 and 39 CFR 3020.30 et seq.; Public BILLING CODE 7710–12–P The public portions of the Postal Representative: Michael L. Leibert; Service’s request(s) can be accessed via Comments Due: November 29, 2017. the Commission’s Web site (http:// 5. Docket No(s).: CP2018–59; Filing www.prc.gov). Non-public portions of Title: Notice of United States Postal SECURITIES AND EXCHANGE the Postal Service’s request(s), if any, Service of Filing a Functionally COMMISSION can be accessed through compliance Equivalent Global Reseller Expedited with the requirements of 39 CFR Package 2 Negotiated Service Sunshine Act Meetings 3007.40. Agreement; Filing Acceptance Date: The Commission invites comments on November 17, 2017; Filing Authority: 39 TIME AND DATE: Notice is hereby given, whether the Postal Service’s request(s) CFR 3015.5; Public Representative: pursuant to the provisions of the in the captioned docket(s) are consistent Michael L. Leibert; Comments Due: Government in the Sunshine Act, Public with the policies of title 39. For November 29, 2017. Law 94–409, that the Commission will request(s) that the Postal Service states 6. Docket No(s).: R2018–2; Filing concern market dominant product(s), host the SEC Government-Business Title: Notice of United States Postal applicable statutory and regulatory Forum on Small Business Capital requirements include 39 U.S.C. 3622, 39 Service of Type 2 Rate Adjustment, and Formation on Thursday, November 30, U.S.C. 3642, 39 CFR part 3010, and 39 Notice of Filing Functionally Equivalent 2017, beginning at 9:00 a.m. Central CFR part 3020, subpart B. For request(s) Agreement; Filing Acceptance Date: Time. that the Postal Service states concern November 17, 2017; Filing Authority: 39 CFR 3010.40 et seq.; Public PLACE: The forum will be held at the competitive product(s), applicable AT&T Executive Education and statutory and regulatory requirements Representative: Katalin K. Clendenin; Comments Due: November 27, 2017. Conference Center on the campus of The include 39 U.S.C. 3632, 39 U.S.C. 3633, University of Texas at Austin, 1900 39 U.S.C. 3642, 39 CFR part 3015, and This notice will be published in the University Ave., Austin, TX 78705. 39 CFR part 3020, subpart B. Comment Federal Register. deadline(s) for each request appear in Stacy L. Ruble, STATUS: This meeting will be open to the section II. Secretary. public. [FR Doc. 2017–25445 Filed 11–24–17; 8:45 am] II. Docketed Proceeding(s) MATTERS TO BE CONSIDERED: The forum BILLING CODE 7710–FW–P 1. Docket No(s).: CP2017–280; Filing will be open to the public and will Title: USPS Notice of Change in Prices include remarks by SEC Commissioners Pursuant to Amendment to Priority Mail and a panel discussion that Contract 344; Filing Acceptance Date: POSTAL SERVICE Commissioners may attend. The panel November 17, 2017; Filing Authority: 39 discussion will explore how capital CFR 3015.5; Public Representative: Product Change—Priority Mail formation options are working for small Katalin K. Clendenin; Comments Due: Express, Priority Mail, & First-Class businesses, including small businesses November 29, 2017. Package Service Negotiated Service in Texas. This Sunshine Act notice is 2. Docket No(s).: CP2018–56; Filing Agreement being issued because a majority of the Title: Notice of United States Postal Commission may attend the meeting. Service of Filing a Functionally AGENCY: Postal ServiceTM. CONTACT PERSON FOR MORE INFORMATION: Equivalent Global Expedited Package ACTION: Notice. Services 9 Negotiated Service For further information and to ascertain Agreement and Application for Non- SUMMARY: The Postal Service gives what, if any, matters have been added, Public Treatment of Materials Filed notice of filing a request with the Postal deleted or postponed; please contact Under Seal; Filing Acceptance Date: Regulatory Commission to add a Brent J. Fields from the Office of the November 17, 2017; Filing Authority: 39 domestic shipping services contract to Secretary at (202) 551–5400. CFR 3015.5; Public Representative: the list of Negotiated Service Dated: November 22, 2017. Timothy J. Schwuchow; Comments Due: Agreements in the Mail Classification Brent J. Fields, November 29, 2017. Schedule’s Competitive Products List. Secretary. 3. Docket No(s).: CP2018–57; Filing DATES: Date of notice required under 39 Title: Notice of United States Postal U.S.C. 3642(d)(1): November 27, 2017. [FR Doc. 2017–25700 Filed 11–22–17; 4:15 pm] Service of Filing a Functionally BILLING CODE 8011–01–P Equivalent Global Expedited Package FOR FURTHER INFORMATION CONTACT: Services 9 Negotiated Service Elizabeth A. Reed, 202–268–3179. Agreement and Application for Non- SUPPLEMENTARY INFORMATION: The Public Treatment of Materials Filed United States Postal Service® hereby Under Seal; Filing Acceptance Date: gives notice that, pursuant to 39 U.S.C. November 17, 2017; Filing Authority: 39 3642 and 3632(b)(3), on November 20, CFR 3015.5; Public Representative: 2017, it filed with the Postal Regulatory Timothy J. Schwuchow; Comments Due: Commission a USPS Request to Add November 29, 2017. Priority Mail Express, Priority Mail, & 4. Docket No(s).: MC2018–29 and First-Class Package Service Contract 28 CP2018–58; Filing Title: USPS Request to Competitive Product List. Documents

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s subject to review, if any, by the Board, COMMISSION Statement of the Purpose of, and the is final. Statutory Basis for, the Proposed Rule The Exchange first proposes to [Release No. 34–82123; File No. SR– Change eliminate its N&G Committee and CboeBZX–2017–001] 1. Purpose amend the process by which Directors are nominated and elected. Specifically, Self-Regulatory Organizations; Cboe The Exchange proposes to amend its Bylaws and Certificate. Specifically the the Exchange proposes to provide that BZX Exchange, Inc.; Notice of Filing of Exchange proposes to eliminate its the sole stockholder of the exchange a Proposed Rule Change Relating to Nominating and Governance Committee shall nominate and elect directors for Its Director Nomination and Committee (‘‘N&G Committee’’), as well as amend nomination at the annual meeting of the Appointment Process and Its the process by which (i) directors are stockholder, except with respect to fair- Nominating and Governance elected, (ii) committee appointments are representation directors Committee made and (iii) vacancies are filled. (‘‘Representative Directors’’) as Additionally, the Exchange proposes to described below. The Exchange notes November 20, 2017. make other technical, non-substantive that another Exchange similarly does Pursuant to Section 19(b)(1) of the changes. not maintain an exchange-level Securities Exchange Act of 1934 (the nominating committee and instead Elimination of Nominating and ‘‘Act’’),1 and Rule 19b–4 thereunder,2 provides that the sole stockholder of the Governance Committee notice is hereby given that on November Exchange nominates and elects their 14, 2017, Cboe BZX Exchange, Inc. (the (a) Nomination of Directors non-fair representation Directors.6 With ‘‘Exchange’’ or ‘‘BZX’’) filed with the By way of background, Section 4.3 of respect to the nomination of Securities and Exchange Commission the Bylaws provides, among other Representative Directors, the Exchange (the ‘‘Commission’’) the proposed rule things, that the Exchange N&G proposes to amend the definition of change as described in Items I, II, and Committee shall consist of at least five ‘‘Representative Director Nominating III below, which Items have been directors that are majority Non-Industry Body’’ and provide that if the Board has prepared by the Exchange. The Directors and are appointed by the two or more Industry Directors, Commission is publishing this notice to Board on the recommendation of the excluding directors that are exchange solicit comments on the proposed rule N&G Committee. Section 4.3 of the employees, those Industry Directors change from interested persons. Bylaws also provides that the N&G shall act as the Representative Director Committee shall have the authority to Nominating Body. Additionally, similar I. Self-Regulatory Organization’s nominate individuals for election as to the current practice, if there are less Statement of the Terms of Substance of directors of the Corporation and such than two Industry Directors on the the Proposed Rule Change other duties as prescribed by resolution Board (excluding directors that are of the Board.3 Additionally, if the N&G employees of the Exchange), then the The Exchange proposes to amend its Committee has two or more Industry Exchange Member Subcommittee of the governance documents with respect to Directors, those Industry Directors shall Advisory Board shall act as the changes relating to its director act as the Representative Director Representative Director Nominating nomination and committee appointment Nominating Body, which body is Body. The Bylaws and Certificate will process and its Nominating and responsible for the nomination of the also be amended to provide that the sole Governance Committee. Representative Directors. If however, stockholder is bound to nominate and The text of the proposed rule change there are less than two Industry elect the Representative Directors is available at the Exchange’s Web site Directors on the N&G Committee, then nominees recommended by the at www.bats.com, at the principal office the Exchange Member Subcommittee of Representative Director Nominating the Advisory Board shall act as the of the Exchange, and at the Body or, in the event of a petition Representative Director Nominating Commission’s Public Reference Room. candidate, the Representative Director Body.4 The N&G Committee is bound to nominees who receive the most votes accept and nominate the Representative II. Self-Regulatory Organization’s pursuant to a Run-off Election. Lastly, as Director nominees recommended by the Statement of the Purpose of, and the N&G Committee is being eliminated, Representative Director Nominating Statutory Basis for, the Proposed Rule the Exchange proposes to amend Body or, in the event of a petition Change Section 3.1 of the Bylaws to provide that candidate, the Representative Director the Board, instead of the N&G In its filing with the Commission, the nominees who receive the most votes Committee, is responsible for Exchange included statements pursuant to a Run-off Election.5 determining whether a director concerning the purpose of and basis for Pursuant to Section 3.1 of the Bylaws, candidate satisfies the applicable the proposed rule change and discussed the N&G Committee is also responsible qualifications for election as a director, any comments it received on the for determining whether a director candidate satisfies the applicable and the decision of the Board, is final. proposed rule change. The text of these There are no other changes with respect statements may be examined at the qualifications for election as a director, and the decision of the N&G Committee, to the process for the nomination and places specified in Item IV below. The selection Representative Directors. The Exchange has prepared summaries, set Exchange notes that it believes that the forth in sections A, B, and C below, of 3 Article Fifth, subparagraph (c) of the Certificate also provides that the N&G Committee nominates proposed changes continue to give the most significant aspects of such persons for election as directors. Exchange members a voice in the statements. 4 See Sections 1.1(j) and 4.3 of the Bylaws. Exchange’s use of self-regulatory Section 3.2 of the Bylaws sets forth a detailed authority. process for the nomination and selection of fair representation directors for the Board of Directors. 1 15 U.S.C. 78s(b)(1). 5 See Sections 3.1 and 3.2 of the Bylaws and 6 See Section 3.02 of the Amended and Restated 2 17 CFR 240.19b–4. Article Fifth, subparagraph (c) of the Certificate. NYSE Arca, Inc. Bylaws.

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(b) Committee Appointments Body will recommend an individual to Additionally, the Exchange believes the The N&G Committee is also currently be elected, or provide a list of proposed rule change is consistent with 10 responsible for recommending to the recommended individuals, and the the Section 6(b)(5) requirement that Board of Directors appointments to position shall be filled by the vote of a the rules of an exchange not be designed certain Committees. Specifically, majority of the Directors then in office. to permit unfair discrimination between Section 4.2 and Section 6.1 of the Consistent with the proposal to have the customers, issuers, brokers, or dealers. Bylaws provides that the members of sole stockholder nominate and elect The Exchange also believes that its the Executive Committee and Advisory directors to the Board (and to be bound proposal is consistent with Section 6(b) Board, respectively, be recommended by to accept and elect the Representative of the Act in general, and furthers the the N&G Committee for approval by the Director Nominating Body’s objectives of Section 6(b)(1) of the Act Board. Pursuant to Section 4.4 of the nominee(s)), the Exchange wishes to in particular, in that it enables the Bylaws, members of the Regulatory provide that the sole stockholder, Exchange to be so organized as to have Oversight Committee (‘‘ROC’’) are instead of the Board, will also have the the capacity to be able to carry out the recommended by the Non-Industry ability to fill the above described purposes of the Act and to comply, and Directors on the N&G Committee for Director vacancies. to enforce compliance by its exchange members and persons associated with approval by the Board. Technical, Non-Substantive Changes In light of the elimination of the N&G its exchange members, with the Lastly, the Exchange proposes to Committee, the Exchange proposes to provisions of the Act, the rules and change the Exchange’s name in the title eliminate references to the N&G regulations thereunder, and the rules of and signature line in its Certificate from Committee with respect to committee the Exchange. The Exchange also ‘‘Bats BZX Exchange, Inc.’’ to ‘‘Cboe appointments and transfer the N&G’s believes that this proposal furthers the BZX Exchange, Inc.’’ The Exchange 11 current authority to the Board (or objectives of Section 6(b)(3) of the Act notes that it recently changed its legal appropriate subcommittee of the Board). in particular, in that it is designed to name, but was unable to update the Specifically the Exchange proposes that assure a fair representation of Exchange Exchange’s name in the title or signature Members in the selection of its directors members of the Executive Committee line in its Certificate as the name and Advisory Board be appointed by the and administration of its affairs and changes were not effective until the provide that one or more directors Board and members of the ROC be Exchange, as previously named, filed appointed by the Board on the would be representative of issuers and the proposed changes in Delaware. The investors and not be associated with a recommendation of the Non-Industry Exchange had noted in the filing that Directors of the Board. The Exchange member of the exchange, broker, or proposed the name changes that it dealer. For instance, the proposed notes that Boards of other Exchanges would later amend the Certificate to also have authority to appoint Board changes continue to include a process reflect the new name in the title and by which Exchange members can Committees.7 signature line and the Exchange is directly petition and vote for Filling of Director Vacancies seeking to do so now. The Exchange representation on the Board. Next, the Exchange proposes to also proposes to make clarifying The Exchange believes eliminating amend the process to fill Director amendments and cite to the applicable the exchange-level N&G Committee vacancies. Currently, Sections 3.4 of the provisions of the General Corporation allows the Exchange to eliminate a Bylaws provides that in the event any Law of the State of Delaware in board committee whose core Industry Director or Non-Industry connection with the proposed responsibilities can be adequately Director fails to maintain the restatement and amendment. handled by its sole stockholder or Board, as applicable. The Exchange qualifications required for such category 2. Statutory Basis believes the elimination of this board of director, his office shall become The Exchange believes the proposed vacant and the vacancy may be filled by committee will streamline, make more rule change is consistent with the efficient, and improve the Exchange’s the Board with a person who qualifies Securities Exchange Act of 1934 (the for the category in which the vacancy governance structure and allow ‘‘Act’’) and the rules and regulations directors of the Exchange to continue to exists. If a director is determined to thereunder applicable to the Exchange focus their attention on matters within have requalified, Section 3.4 provides and, in particular, the requirements of the purview of the Exchange’s Board the Board, in its sole discretion, may fill Section 6(b) of the Act.8 Specifically, including its orderly discharge of an existing vacancy in the Board or may the Exchange believes the proposed rule regulatory duties to prevent fraudulent increase the size of the Board, as change is consistent with the Section and manipulative acts and practices, to necessary, to appoint such director to 6(b)(5) 9 requirements that the rules of promote just and equitable principles of the Board; provided, however, that the an exchange be designed to prevent trade, to foster cooperation and Board shall be under no obligation to fraudulent and manipulative acts and coordination with persons engaged in return such director to the Board. practices, to promote just and equitable regulating, clearing, settling, processing Section 3.5 of the Bylaws also principles of trade, to foster cooperation information with respect to, and provides that a vacancy on the Board and coordination with persons engaged facilitating transactions in securities, to may be filled by a vote of majority of the in regulating, clearing, settling, remove impediments to and perfect the Directors then in office, or by the sole processing information with respect to, mechanism of a free and open market remaining Director, so long as the and facilitating transactions in and a national market system, and, in elected Director qualifies for the securities, to remove impediments to general, to protect investors and the position. Additionally, for vacancies of and perfect the mechanism of a free and public interest. The Exchange also notes Representative Directors, the open market and a national market that it is not statutorily required to Representative Director Nominating system, and, in general, to protect maintain a standing nominating investors and the public interest. committee. Indeed, another Exchange 7 See e.g., Eleventh Amended and Restated Operating Agreement of New York Stock Exchange, LLC, Section 2.03(h) and By-Laws of Nasdaq Phlx 8 15 U.S.C. 78f(b). 10 Id. LLC, Section 5–3. 9 15 U.S.C. 78f(b)(5). 11 15 U.S.C. 78f(b)(3).

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similarly does not do so and instead B. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ provides that its sole stockholder Statement on Burden on Competition rules/sro.shtml). Copies of the nominates and elects its non-fair The Exchange does not believe the submission, all subsequent 12 representation directors. Other proposed rule change will impose any amendments, all written statements Exchanges also provide that their Board, burden on competition not necessary or with respect to the proposed rule without input from a nominating appropriate in furtherance of the change that are filed with the committee, appoint members to purposes of the Act. The proposed rule Commission, and all written 13 committees. The Exchange also change relates to the corporate communications relating to the believes that since it is being proposed governance of the Exchange and not the proposed rule change between the that the sole stockholder have the operations of the Exchange. This is not Commission and any person, other than authority to nominate (and elect) a competitive filing and, therefore, those that may be withheld from the directors to the Board (and accept and imposes no burden on competition. public in accordance with the elect Representative Director nominees), provisions of 5 U.S.C. 552, will be it is also consistent to transfer the C. Self-Regulatory Organization’s available for Web site viewing and authority to fill director vacancies from Statement on Comments on the printing in the Commission’s Public the Board to the sole stockholder. Proposed Rule Change Received From Reference Room, 100 F Street NE., The Exchange importantly notes that Members, Participants, or Others Washington, DC 20549, on official it is not proposing to amend any of the The Exchange neither solicited nor business days between the hours of compositional requirements currently received comments on the proposed 10:00 a.m. and 3:00 p.m. Copies of the set forth in the Bylaws and that rule change. filing also will be available for notwithstanding the proposed changes, inspection and copying at the principal existing compositional requirements of III. Date of Effectiveness of the office of the Exchange. All comments the Exchange will still be required to be Proposed Rule Change and Timing for received will be posted without change. satisfied, including the provision Commission Action Persons submitting comments are relating to the fair representation of Within 45 days of the date of cautioned that we do not redact or edit members. While the delegation of the publication of this notice in the Federal personal identifying information from authority relating to the (i) nomination Register or within such longer period comment submissions. You should and election of directors, (ii) nominating up to 90 days (i) as the Commission may submit only information that you wish body for Representative Directors, (iii) designate if it finds such longer period to make available publicly. All filling of Director vacancies and (iv) to be appropriate and publishes its submissions should refer to File appointment of committees is being reasons for so finding or (ii) as to which Number SR–CboeBZX–2017–001, and modified, the substantive practices of the Exchange consents, the Commission should be submitted on or before the Exchange will remain the same. For will: December 12, 2017. example, the sole stockholder will be A. By order approve or disapprove For the Commission, by the Division of bound to nominate and elect the such proposed rule change, or Trading and Markets, pursuant to delegated Representative Directors nominees B. institute proceedings to determine authority.14 recommended by the Representative whether the proposed rule change Eduardo A. Aleman, Director Nominating Body or, in the should be disapproved. Assistant Secretary. event of a petition candidate, the IV. Solicitation of Comments [FR Doc. 2017–25468 Filed 11–24–17; 8:45 am] Representative Director nominees who BILLING CODE 8011–01–P receive the most votes pursuant to a Interested persons are invited to Run-off Election. submit written data, views, and Lastly, the Exchange believes the arguments concerning the foregoing, SECURITIES AND EXCHANGE clarifying changes to the Exchange’s including whether the proposed rule COMMISSION Certificate, including updating the change is consistent with the Act. Comments may be submitted by any of [Release No. 34–82132; File No. SR–ISE– Exchange’s name in the title and 2017–100] signature line, allows the Exchange to the following methods: comply with Delaware law and reduce Electronic Comments Self-Regulatory Organizations; Nasdaq potential confusion. The alleviation of • Use the Commission’s Internet ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed confusion removes impediments to, and comment form (http://www.sec.gov/ Rule Change To Remove Directed perfects the mechanism for a free and rules/sro.shtml); or open market and a national market • Send an email to rule-comments@ Order Functionality system, and, in general, protects sec.gov. Please include File Number SR– November 20, 2017. investors and the public interest of CboeBZX–2017–001 on the subject line. Pursuant to Section 19(b)(1) of the market participants. Securities Exchange Act of 1934 The Exchange believes the proposed Paper Comments (‘‘Act’’),1 and Rule 19b–4 thereunder,2 changes do not affect the meaning, • Send paper comments in triplicate notice is hereby given that on November administration, or enforcement of any to Secretary, Securities and Exchange 16, 2017, Nasdaq ISE, LLC (‘‘ISE’’ or rules of the Exchange or the rights, Commission, 100 F Street NE., ‘‘Exchange’’) filed with the Securities obligations, or privileges of Exchange Washington, DC 20549–1090. and Exchange Commission members or their associated persons is All submissions should refer to File (‘‘Commission’’) the proposed rule any way. Number SR–CboeBZX–2017–001. This change as described in Items I, II, and file number should be included on the III, below, which Items have been 12 See Section 3.02 of the Amended and Restated subject line if email is used. To help the prepared by the Exchange. The NYSE Arca, Inc. Bylaws. Commission process and review your 13 See e.g., Eleventh Amended and Restated comments more efficiently, please use 14 Operating Agreement of New York Stock Exchange, 17 CFR 200.30–3(a)(12). LLC, Section 2.03(h) and By-Laws of Nasdaq Phlx only one method. The Commission will 1 15 U.S.C. 78s(b)(1). LLC, Section 5–3. post all comments on the Commission’s 2 17 CFR 240.19b–4.

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Commission is publishing this notice to change on February 23, 2017.5 The subparagraph (f)(6) of Rule 19b–4 solicit comments on the proposed rule Exchange has determined at this time thereunder.9 change from interested persons. not to offer Directed Order functionality. At any time within 60 days of the If the Exchange determines to offer this filing of the proposed rule change, the I. Self-Regulatory Organization’s functionality at a later date a rule Commission summarily may Statement of the Terms of Substance of proposal will be filed at that time. temporarily suspend such rule change if the Proposed Rule Change it appears to the Commission that such 2. Statutory Basis The Exchange proposes to remove action is: (i) Necessary or appropriate in Directed Order 3 functionality on ISE. The Exchange believes that its the public interest; (ii) for the protection The text of the proposed rule change proposal is consistent with Section 6(b) of investors; or (iii) otherwise in is available on the Exchange’s Web site of the Act,6 in general, and furthers the furtherance of the purposes of the Act. at http://ise.cchwallstreet.com/, at the objectives of Section 6(b)(5) of the Act,7 If the Commission takes such action, the principal office of the Exchange, and at in particular, in that it is designed to Commission shall institute proceedings the Commission’s Public Reference promote just and equitable principles of to determine whether the proposed rule Room. trade, to remove impediments to and should be approved or disapproved. perfect the mechanism of a free and II. Self-Regulatory Organization’s open market and a national market IV. Solicitation of Comments Statement of the Purpose of, and system, and, in general to protect Interested persons are invited to Statutory Basis for, the Proposed Rule investors and the public interest submit written data, views, and Change because the Exchange will remove rule arguments concerning the foregoing, In its filing with the Commission, the text related to functionality which will including whether the proposed rule Exchange included statements not be offered on ISE. The current rule change is consistent with the Act. concerning the purpose of and basis for text indicates the functionality is not Comments may be submitted by any of the proposed rule change and discussed offered today. The Exchange believes the following methods: any comments it received on the that removing Rule 811 from the Electronic Comments proposed rule change. The text of these Rulebook will avoid confusion as to • statements may be examined at the whether this functionality will be Use the Commission’s Internet places specified in Item IV below. The enabled in the future. comment form (http://www.sec.gov/ Exchange has prepared summaries, set rules/sro.shtml); or forth in sections A, B, and C below, of B. Self-Regulatory Organization’s • Send an email to rule-comments@ the most significant aspects of such Statement on Burden on Competition sec.gov. Please include File Number SR– statements. The Exchange does not believe that ISE–2017–100 on the subject line. the proposed rule change will impose A. Self-Regulatory Organization’s Paper Comments any burden on competition not Statement of the Purpose of, and • necessary or appropriate in furtherance Send paper comments in triplicate Statutory Basis for, the Proposed Rule of the purposes of the Act. The to Brent J. Fields, Secretary, Securities Change Exchange does not believe that the and Exchange Commission, 100 F Street 1. Purpose proposed rule change will impose any NE., Washington, DC 20549–1090. burden on intra-market competition All submissions should refer to File Last year the Exchange filed to delay Number SR–ISE–2017–100. This file the implementation of the Directed because the Exchange is not offering this functionality today and believes there is number should be included on the Order functionality in conjunction with subject line if email is used. To help the a replatform to INET.4 INET is the no interest among Members for this functionality. Commission process and review your proprietary core technology utilized comments more efficiently, please use across Nasdaq’s global markets and C. Self-Regulatory Organization’s only one method. The Commission will utilized on The Nasdaq Options Market Statement on Comments on the post all comments on the Commission’s LLC (‘‘NOM’’), Nasdaq PHLX LLC Proposed Rule Change Received From Internet Web site (http://www.sec.gov/ (‘‘Phlx’’) and Nasdaq BX, Inc. (‘‘BX’’) Members, Participants, or Others rules/sro.shtml). Copies of the (collectively, ‘‘Nasdaq Exchanges’’). ISE No written comments were either submission, all subsequent was migrated to INET technology in solicited or received. amendments, all written statements 2017. With the migration, ISE delayed with respect to the proposed rule the implementation of the Directed III. Date of Effectiveness of the change that are filed with the Order functionality to stage the re- Proposed Rule Change and Timing for Commission, and all written platform to provide maximum benefit to Commission Action communications relating to the its Members while also ensuring a Because the foregoing proposed rule proposed rule change between the successful rollout. At that time, the change does not: (i) Significantly affect Commission and any person, other than Exchange noted that the Exchange will the protection of investors or the public those that may be withheld from the introduce the Directed Order interest; (ii) impose any significant public in accordance with the functionality within one year from the burden on competition; and (iii) become provisions of 5 U.S.C. 552, will be date of this filing, otherwise the operative for 30 days from the date on available for Web site viewing and Exchange will file a rule proposal with which it was filed, or such shorter time printing in the Commission’s Public the Commission to remove these rules. as the Commission may designate, it has The Exchange filed the initial rule become effective pursuant to Section 9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 19(b)(3)(A)(iii) of the Act 8 and 4(f)(6) requires a self-regulatory organization to give 3 A ‘‘Directed Order’’ is an order routed from an the Commission written notice of its intent to file Electronic Access Member to an Exchange market the proposed rule change at least five business days 5 maker through the Exchange’s System. Id. prior to the date of filing of the proposed rule 4 See Securities Exchange Act Release No. 80100 6 15 U.S.C. 78f(b). change, or such shorter time as designated by the (February 24, 2017), 82 FR 12269 (March 1, 2017) 7 15 U.S.C. 78f(b)(5). Commission. The Exchange has satisfied this (SR–ISE–2017–15). 8 15 U.S.C. 78s(b)(3)(A)(iii). requirement.

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Reference Room, 100 F Street NE., The text of the proposed rule change Representative Directors. If however, Washington, DC 20549, on official is also available on the Exchange’s Web there are less than two Industry business days between the hours of site (http://www.c2exchange.com/ Directors on the N&G Committee, then 10:00 a.m. and 3:00 p.m. Copies of the Legal/), at the Exchange’s Office of the the Trading Permit Holder filing also will be available for Secretary, and at the Commission’s Subcommittee of the Advisory Board inspection and copying at the principal Public Reference Room. shall act as the Representative Director office of the Exchange. All comments Nominating Body.4 The N&G Committee II. Self-Regulatory Organization’s received will be posted without change. is bound to accept and nominate the Statement of the Purpose of, and Persons submitting comments are Representative Director nominees Statutory Basis for, the Proposed Rule cautioned that we do not redact or edit recommended by the Representative Change personal identifying information from Director Nominating Body or, in the comment submissions. You should In its filing with the Commission, the event of a petition candidate, the submit only information that you wish Exchange included statements Representative Director nominees who to make available publicly. All concerning the purpose of and basis for receive the most votes pursuant to a submissions should refer to File the proposed rule change and discussed Run-off Election.5 Pursuant to Section Number SR–ISE–2017–100 and should any comments it received on the 3.1 of the Bylaws, the N&G Committee be submitted on or before December 18, proposed rule change. The text of these is also responsible for determining 2017. statements may be examined at the whether a director candidate satisfies places specified in Item IV below. The For the Commission, by the Division of the applicable qualifications for election Trading and Markets, pursuant to delegated Exchange has prepared summaries, set as a director, and the decision of the authority.10 forth in sections A, B, and C below, of N&G Committee, subject to review, if Eduardo A. Aleman, the most significant aspects of such any, by the Board, is final. Assistant Secretary. statements. The Exchange first proposes to eliminate its N&G Committee and [FR Doc. 2017–25476 Filed 11–24–17; 8:45 am] A. Self-Regulatory Organization’s amend the process by which Directors BILLING CODE 8011–01–P Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule are nominated and elected. Specifically, Change the Exchange proposes to provide that SECURITIES AND EXCHANGE the sole stockholder of the exchange COMMISSION 1. Purpose shall nominate and elect directors for The Exchange proposes to amend its nomination at the annual meeting of the [Release No. 34–82120; File No. SR–C2– Bylaws and Certificate. Specifically the stockholder, except with respect to fair- 2017–030] Exchange proposes to eliminate its representation directors (‘‘Representative Directors’’) as Self-Regulatory Organizations; Cboe Nominating and Governance Committee described below. The Exchange notes C2 Exchange, Inc.; Notice of Filing of (‘‘N&G Committee’’), as well as amend that another Exchange similarly does a Proposed Rule Change Relating to the process by which (i) directors are not maintain an exchange-level Its Nominating and Governance elected, (ii) committee appointments are nominating committee and instead Committee and Regulatory Oversight made and (iii) vacancies are filled. provides that the sole stockholder of the and Compliance Committee Additionally, the Exchange proposes to amend the name of the Regulatory Exchange nominates and elects their November 20, 2017. Oversight and Compliance Committee non-fair representation Directors.6 With Pursuant to Section 19(b)(1) of the (‘‘ROCC’’) and make other technical, respect to the nomination of Securities Exchange Act of 1934 (the non-substantive changes. Representative Directors, the Exchange ‘‘Act’’),1 and Rule 19b–4 thereunder,2 proposes to amend the definition of notice is hereby given that on November Elimination of Nominating and ‘‘Representative Director Nominating 14, 2017, Cboe C2 Exchange, Inc. (the Governance Committee Body’’ and provide that if the Board has ‘‘Exchange’’ or ‘‘C2’’) filed with the (a) Nomination of Directors two or more Industry Directors, Securities and Exchange Commission By way of background, Section 4.3 of excluding directors that are exchange (the ‘‘Commission’’) the proposed rule the Bylaws provides, among other employees, those Industry Directors change as described in Items I, II, and things, that the Exchange N&G shall act as the Representative Director III below, which Items have been Committee shall consist of at least five Nominating Body. Additionally, similar prepared by the Exchange. The directors that are majority Non-Industry to today’s practice, if there are less than Commission is publishing this notice to Directors and are appointed by the two Industry Directors on the Board solicit comments on the proposed rule Board on the recommendation of the (excluding directors that are employees change from interested persons. N&G Committee. Section 4.3 of the of the Exchange), then the Trading Permit Holder Subcommittee of the I. Self-Regulatory Organization’s Bylaws also provides that the N&G Committee shall have the authority to Advisory Board shall act as the Statement of the Terms of Substance of Representative Director Nominating the Proposed Rule Change nominate individuals for election as directors of the Corporation and such Body. The Bylaws and Certificate will The Exchange proposes to amend its other duties as prescribed by resolution also be amended to provide that the sole governance documents with respect to of the Board.3 Additionally, if the N&G stockholder is bound to nominate and changes relating to its director Committee has two or more Industry elect the Representative Directors nomination and committee appointment Directors, those Industry Directors shall process, its Nominating and Governance act as the Representative Director 4 See Sections 1.1(k) and 4.3 of the Bylaws. Committee and its Regulatory Oversight Section 3.2 of the Bylaws sets forth a detailed Nominating Body, which body is process for the nomination and selection of fair and Compliance Committee. responsible for the nomination of the representation directors for the Board of Directors. 5 See Sections 3.1 and 3.2 of the Bylaws and 10 17 CFR 200.30–3(a)(12). 3 Article Fifth, subparagraph (c) of the Certificate Article Fifth, subparagraph (c) of the Certificate. 1 15 U.S.C. 78s(b)(1). also provides that the N&G Committee nominates 6 See Section 3.02 of the Amended and Restated 2 17 CFR 240.19b–4. persons for election as directors. NYSE Arca, Inc. Bylaws.

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nominees recommended by the of director, his office shall become Technical, Non-Substantive Changes Representative Director Nominating vacant and the vacancy may be filled by Lastly, the Exchange proposes to Body or, in the event of a petition the Board with a person who qualifies change the Exchange’s name in the title candidate, the Representative Director for the category in which the vacancy and signature line in its Certificate from nominees who receive the most votes exists. If a director is determined to ‘‘C2 Options Exchange, Incorporated’’ to pursuant to a Run-off Election. Lastly, as have requalified, Section 3.4 provides Cboe C2 Exchange, Inc.’’ The Exchange the N&G Committee is being eliminated, the Board, in its sole discretion, may fill notes that it recently changed its legal the Exchange proposes to amend an existing vacancy in the Board or may name, but was unable to update the Section 3.1 of the Bylaws to provide that increase the size of the Board, as Exchange’s name in the title or signature the Board, instead of the N&G necessary, to appoint such director to line in its Certificate as the name Committee, is responsible for the Board; provided, however, that the changes were not effective until the determining whether a director Board shall be under no obligation to Exchange, as previously named, filed candidate satisfies the applicable return such director to the Board. the proposed changes in Delaware. The qualifications for election as a director, Section 3.5 of the Bylaws also Exchange had noted in the filing that and the decision of the Board, is final. provides that a vacancy on the Board proposed the name changes that it There are no other changes with respect may be filled by a vote of majority of the would later amend the Certificate to to the process for the nomination and Directors then in office, or by the sole reflect the new name in the title and selection of Representative Directors. remaining Director, so long as the signature line and the Exchange is The Exchange notes that it believes that elected Director qualifies for the seeking to do so now. Pursuant to the proposed changes continue to give position. Additionally, for vacancies of Delaware law, the Exchange is also Exchange members a voice in the Representative Directors, the adding a reference to its original name Exchange’s use of self-regulatory Representative Director Nominating in the introductory paragraph of the authority. Body will recommend an individual to Certificate.9 (b) Committee Appointments be elected, or provide a list of recommended individuals, and the 2. Statutory Basis The N&G Committee is also currently position shall be filled by the vote of a The Exchange believes the proposed responsible for recommending to the majority of the Directors then in office. rule change is consistent with the Board of Directors appointments to Consistent with the proposal to have the Securities Exchange Act of 1934 (the certain Committees. Specifically, sole stockholder nominate and elect ‘‘Act’’) and the rules and regulations Section 4.2 and Section 6.1 of the directors to the Board (and to be bound thereunder applicable to the Exchange Bylaws provides that the members of to accept and elect the Representative and, in particular, the requirements of the Executive Committee and Advisory Director Nominating Body’s Section 6(b) of the Act.10 Specifically, Board, respectively, be recommended by nominee(s)), the Exchange wishes to the Exchange believes the proposed rule the N&G Committee for approval by the provide that the sole stockholder, change is consistent with the Section Board. Pursuant to Section 4.4 of the instead of the Board, will also have the 6(b)(5) 11 requirements that the rules of Bylaws, members of the ROCC are ability to fill the above described an exchange be designed to prevent recommended by the Non-Industry Director vacancies. fraudulent and manipulative acts and Directors on the N&G Committee for practices, to promote just and equitable approval by the Board. Regulatory Oversight and Compliance principles of trade, to foster cooperation In light of the elimination of the N&G Committee Changes and coordination with persons engaged Committee, the Exchange proposes to The Exchange proposes to change the in regulating, clearing, settling, eliminate references to the N&G name of the ‘‘Regulatory Oversight and processing information with respect to, Committee with respect to committee and facilitating transactions in appointments and transfer the N&G’s Compliance Committee’’ (‘‘ROCC’’) to the ‘‘Regulatory Oversight Committee’’ securities, to remove impediments to current authority to the Board (or and perfect the mechanism of a free and appropriate subcommittee of the Board). (‘‘ROC’’). The Exchange notes that there may be overlap and duplication of open market and a national market Specifically the Exchange proposes that system, and, in general, to protect members of the Executive Committee reports from the Compliance investors and the public interest. and Advisory Board be appointed by the Department to the parent company Additionally, the Exchange believes the Board and members of the ROCC be Audit Committee and the Exchange proposed rule change is consistent with appointed by the Board on the ROCC. To address this issue, going the Section 6(b)(5) 12 requirement that recommendation of the Non-Industry forward, the Cboe Global Markets Audit the rules of an exchange not be designed Directors of the Board. The Exchange Committee will be the ‘‘go to’’ Board to permit unfair discrimination between notes that Boards of other Exchanges committee for reports from the Chief customers, issuers, brokers, or dealers. also have authority to appoint Board Compliance Officer (‘‘CCO’’) related to The Exchange also believes that its Committees.7 compliance matters. As such, the Exchange proposes to drop the reference proposal is consistent with Section 6(b) Filling of Director Vacancies of ‘‘Compliance’’ in ‘‘ROCC’’ in the of the Act in general, and furthers the Next, the Exchange proposes to Bylaws. The Exchange notes that the objectives of Section 6(b)(1) of the Act amend the process to fill Director reporting function of the CCO to the in particular, in that it enables the vacancies. Currently, Sections 3.4 of the ROC will be permissive. The Exchange Exchange to be so organized as to have Bylaws provides that in the event any also notes that the regulatory oversight the capacity to be able to carry out the Industry Director or Non-Industry committees of its affiliated exchanges purposes of the Act and to comply, and Director fails to maintain the does not use the term ‘‘Compliance’’ in to enforce compliance by its exchange qualifications required for such category their Committees’ name.8 9 See Section 245(c) of the Delaware General Corporation Law (DGCL). 7 See e.g., Eleventh Amended and Restated 8 See Section 4.4 of the Bylaws of Cboe BYX 10 Operating Agreement of New York Stock Exchange, Exchange, Inc., Cboe BZX Exchange, Inc., Cboe 15 U.S.C. 78f(b). LLC, Section 2.03(h) and By-Laws of Nasdaq Phlx EDGA Exchange, Inc. and Cboe EDGX Exchange, 11 15 U.S.C. 78f(b)(5). LLC, Section 5–3. Inc. 12 Id.

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members and persons associated with directors to the Board (and accept and B. Self-Regulatory Organization’s its exchange members, with the elect Representative Director nominees), Statement on Burden on Competition provisions of the Act, the rules and it is also consistent to transfer the The Exchange does not believe the regulations thereunder, and the rules of authority to fill director vacancies from proposed rule change will impose any the Exchange. The Exchange also the Board to the sole stockholder. burden on competition not necessary or believes that this proposal furthers the The Exchange importantly notes that appropriate in furtherance of the objectives of Section 6(b)(3) 13 of the Act it is not proposing to amend any of the purposes of the Act. The proposed rule in particular, in that it is designed to compositional requirements currently change relates to the corporate assure a fair representation of Exchange set forth in the Bylaws and that governance of the Exchange and not the Members in the selection of its directors operations of the Exchange. This is not and administration of its affairs and notwithstanding the proposed changes, existing compositional requirements of a competitive filing and, therefore, provide that one or more directors imposes no burden on competition. would be representative of issuers and the Exchange will still be required to be investors and not be associated with a satisfied, including the provision C. Self-Regulatory Organization’s member of the exchange, broker, or relating to the fair representation of Statement on Comments on the dealer. For instance, the proposed members. While the delegation of the Proposed Rule Change Received From changes continue to include a process authority relating to the (i) nomination Members, Participants, or Others and election of directors, (ii) nominating by which Exchange members can The Exchange neither solicited nor body for Representative Directors, (iii) directly petition and vote for received comments on the proposed filling of Director vacancies and (iv) representation on the Board. rule change. The Exchange believes eliminating appointment of committees is being the exchange-level N&G Committee modified, the substantive practices of III. Date of Effectiveness of the allows the Exchange to eliminate a the Exchange will remain the same. For Proposed Rule Change and Timing for board committee whose core example, the sole stockholder will be Commission Action responsibilities can be adequately bound to nominate and elect the Within 45 days of the date of handled by its sole stockholder or Representative Directors nominees publication of this notice in the Federal Board, as applicable. The Exchange recommended by the Representative Register or within such longer period believes the elimination of this board Director Nominating Body or, in the up to 90 days (i) as the Commission may committee will streamline, make more event of a petition candidate, the designate if it finds such longer period efficient, and improve the Exchange’s Representative Director nominees who to be appropriate and publishes its governance structure and allow receive the most votes pursuant to a reasons for so finding or (ii) as to which directors of the Exchange to continue to Run-off Election. the Exchange consents, the Commission focus their attention on matters within The Exchange believes eliminating will: the purview of the Exchange’s board the reference to ‘‘Compliance’’ in the A. By order approve or disapprove including its orderly discharge of ROCC’s name is appropriate and will such proposed rule change, or regulatory duties to prevent fraudulent reduce potential confusion given that B. institute proceedings to determine and manipulative acts and practices, to the CCO is no longer required to (but whether the proposed rule change promote just and equitable principles of should be disapproved. trade, to foster cooperation and may) report to the ROCC. The Exchange coordination with persons engaged in notes that the new name is also IV. Solicitation of Comments regulating, clearing, settling, processing consistent with the name of the Interested persons are invited to information with respect to, and regulatory oversight committee of its submit written data, views, and 16 facilitating transactions in securities, to affiliated exchanges. Lastly, the arguments concerning the foregoing, remove impediments to and perfect the Exchange believes updating the including whether the proposed rule mechanism of a free and open market Exchange’s name in the title and change is consistent with the Act. and a national market system, and, in signature line of its Certificate and Comments may be submitted by any of general, to protect investors and the adding a reference to its original name the following methods: public interest. The Exchange also notes in the introductory paragraph of the that it is not statutorily required to Certificate, allows the Exchange to Electronic Comments maintain a standing nominating comply with Delaware law and reduce • Use the Commission’s Internet committee. Indeed, another Exchange potential confusion. The alleviation of comment form (http://www.sec.gov/ similarly does not do so and instead confusion removes impediments to, and rules/sro.shtml); or provides that its sole stockholder perfects the mechanism for a free and • Send an email to rule-comments@ nominates and elects its non-fair open market and a national market sec.gov. Please include File Number SR– representation directors.14 Other system, and, in general, protects C2–2017–030 on the subject line. Exchanges also provide that their Board, investors and the public interest of Paper Comments without input from a nominating market participants. • Send paper comments in triplicate committee, appoint members to The Exchange believes the proposed 15 to Secretary, Securities and Exchange committees. The Exchange also changes do not affect the meaning, believes that since it is being proposed Commission, 100 F Street NE., administration, or enforcement of any Washington, DC 20549–1090. that the sole stockholder have the rules of the Exchange or the rights, All submissions should refer to File authority to nominate (and elect) obligations, or privileges of Exchange Number SR–C2–2017–030. This file members or their associated persons is 13 number should be included on the 15 U.S.C. 78f(b)(3). any way. 14 See Section 3.02 of the Amended and Restated subject line if email is used. To help the NYSE Arca, Inc. Bylaws. Commission process and review your 16 15 See e.g., Eleventh Amended and Restated See Section 4.4 of the Bylaws of Cboe BYX comments more efficiently, please use Operating Agreement of New York Stock Exchange, Exchange, Inc., Cboe BZX Exchange, Inc., Cboe LLC, Section 2.03(h) and By-Laws of Nasdaq Phlx EDGA Exchange, Inc. and Cboe EDGX Exchange, only one method. The Commission will LLC, Section 5–3. Inc. post all comments on the Commission’s

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Internet Web site (http://www.sec.gov/ Items I, II, and III below, which Items Committee shall have the authority to rules/sro.shtml). Copies of the have been prepared by the Exchange. nominate individuals for election as submission, all subsequent The Commission is publishing this directors of the Corporation and such amendments, all written statements notice to solicit comments on the other duties as prescribed by resolution with respect to the proposed rule proposed rule change from interested of the Board.3 Additionally, if the N&G change that are filed with the persons. Committee has two or more Industry Commission, and all written Directors, those Industry Directors shall I. Self-Regulatory Organization’s communications relating to the act as the Representative Director Statement of the Terms of Substance of proposed rule change between the Nominating Body, which body is the Proposed Rule Change Commission and any person, other than responsible for the nomination of the those that may be withheld from the The Exchange proposes to amend its Representative Directors. If however, public in accordance with the governance documents with respect to there are less than two Industry provisions of 5 U.S.C. 552, will be changes relating to its director Directors on the N&G Committee, then available for Web site viewing and nomination and committee appointment the Exchange Member Subcommittee of printing in the Commission’s Public process and its Nominating and the Advisory Board shall act as the Reference Room, 100 F Street NE., Governance Committee. Representative Director Nominating Washington, DC 20549, on official The text of the proposed rule change Body.4 The N&G Committee is bound to business days between the hours of is available at the Exchange’s Web site accept and nominate the Representative 10:00 a.m. and 3:00 p.m. Copies of the at www.bats.com, at the principal office Director nominees recommended by the filing also will be available for of the Exchange, and at the Representative Director Nominating inspection and copying at the principal Commission’s Public Reference Room. Body or, in the event of a petition office of the Exchange. All comments II. Self-Regulatory Organization’s candidate, the Representative Director received will be posted without change. Statement of the Purpose of, and nominees who receive the most votes Persons submitting comments are 5 Statutory Basis for, the Proposed Rule pursuant to a Run-off Election. cautioned that we do not redact or edit Change Pursuant to Section 3.1 of the Bylaws, personal identifying information from the N&G Committee is also responsible comment submissions. You should In its filing with the Commission, the for determining whether a director submit only information that you wish Exchange included statements candidate satisfies the applicable to make available publicly. All concerning the purpose of and basis for qualifications for election as a director, submissions should refer to File the proposed rule change and discussed and the decision of the N&G Committee, Number SR–C2–2017–030, and should any comments it received on the subject to review, if any, by the Board, be submitted on or before December 12, proposed rule change. The text of these is final. 2017. statements may be examined at the The Exchange first proposes to For the Commission, by the Division of places specified in Item IV below. The eliminate its N&G Committee and Trading and Markets, pursuant to delegated Exchange has prepared summaries, set amend the process by which Directors authority.17 forth in sections A, B, and C below, of are nominated and elected. Specifically, Eduardo A. Aleman, the most significant aspects of such the Exchange proposes to provide that Assistant Secretary. statements. the sole stockholder of the exchange [FR Doc. 2017–25466 Filed 11–24–17; 8:45 am] A. Self-Regulatory Organization’s shall nominate and elect directors for BILLING CODE 8011–01–P Statement of the Purpose of, and the nomination at the annual meeting of the Statutory Basis for, the Proposed Rule stockholder, except with respect to fair- Change representation directors SECURITIES AND EXCHANGE (‘‘Representative Directors’’) as COMMISSION 1. Purpose described below. The Exchange notes [Release No. 34–82126; File No. SR– The Exchange proposes to amend its that another Exchange similarly does CboeEDGX–2017–001] Bylaws and Certificate. Specifically the not maintain an exchange-level Exchange proposes to eliminate its nominating committee and instead Self-Regulatory Organizations; Cboe Nominating and Governance Committee provides that the sole stockholder of the EDGX Exchange, Inc.; Notice of Filing (‘‘N&G Committee’’), as well as amend Exchange nominates and elects their of a Proposed Rule Change Relating to the process by which (i) directors are non-fair representation Directors.6 With Its Director Nomination and Committee elected, (ii) committee appointments are respect to the nomination of Appointment Process and Its made and (iii) vacancies are filled. Representative Directors, the Exchange Nominating and Governance Additionally, the Exchange proposes to proposes to amend the definition of Committee make other technical, non-substantive ‘‘Representative Director Nominating changes. Body’’ and provide that if the Board has November 20, 2017. two or more Industry Directors, Pursuant to Section 19(b)(1) of the Elimination of Nominating and excluding directors that are exchange Securities Exchange Act of 1934 (the Governance Committee 1 2 employees, those Industry Directors ‘‘Act’’), and Rule 19b–4 thereunder, (a) Nomination of Directors notice is hereby given that on November By way of background, Section 4.3 of 3 Article Fifth, subparagraph (c) of the Certificate 14, 2017, Cboe EDGX Exchange, Inc. also provides that the N&G Committee nominates (the ‘‘Exchange’’ or ‘‘EDGX’’) filed with the Bylaws provides, among other persons for election as directors. the Securities and Exchange things, that the Exchange N&G 4 See Sections 1.1(j) and 4.3 of the Bylaws. Commission (the ‘‘Commission’’) the Committee shall consist of at least five Section 3.2 of the Bylaws sets forth a detailed proposed rule change as described in directors that are majority Non-Industry process for the nomination and selection of fair Directors and are appointed by the representation directors for the Board of Directors. 5 See Sections 3.1 and 3.2 of the Bylaws and 17 17 CFR 200.30–3(a)(12). Board on the recommendation of the Article Fifth, subparagraph (c) of the Certificate. 1 15 U.S.C. 78s(b)(1). N&G Committee. Section 4.3 of the 6 See Section 3.02 of the Amended and Restated 2 17 CFR 240.19b–4. Bylaws also provides that the N&G NYSE Arca, Inc. Bylaws.

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shall act as the Representative Director also have authority to appoint Board reflect the new name in the title and Nominating Body. Additionally, similar Committees.7 signature line and the Exchange is to the current practice, if there are less seeking to do so now. The Exchange Filling of Director Vacancies than two Industry Directors on the also proposes to make clarifying Board (excluding directors that are Next, the Exchange proposes to amendments and cite to the applicable employees of the Exchange), then the amend the process to fill Director provisions of the General Corporation Exchange Member Subcommittee of the vacancies. Currently, Sections 3.4 of the Law of the State of Delaware in Advisory Board shall act as the Bylaws provides that in the event any connection with the proposed Representative Director Nominating Industry Director or Non-Industry restatement and amendment. Director fails to maintain the Body. The Bylaws and Certificate will 2. Statutory Basis also be amended to provide that the sole qualifications required for such category stockholder is bound to nominate and of director, his office shall become The Exchange believes the proposed elect the Representative Directors vacant and the vacancy may be filled by rule change is consistent with the nominees recommended by the the Board with a person who qualifies Securities Exchange Act of 1934 (the Representative Director Nominating for the category in which the vacancy ‘‘Act’’) and the rules and regulations Body or, in the event of a petition exists. If a director is determined to thereunder applicable to the Exchange candidate, the Representative Director have requalified, Section 3.4 provides and, in particular, the requirements of 8 nominees who receive the most votes the Board, in its sole discretion, may fill Section 6(b) of the Act. Specifically, pursuant to a Run-off Election. Lastly, as an existing vacancy in the Board or may the Exchange believes the proposed rule the N&G Committee is being eliminated, increase the size of the Board, as change is consistent with the Section 9 the Exchange proposes to amend necessary, to appoint such director to 6(b)(5) requirements that the rules of Section 3.1 of the Bylaws to provide that the Board; provided, however, that the an exchange be designed to prevent the Board, instead of the N&G Board shall be under no obligation to fraudulent and manipulative acts and Committee, is responsible for return such director to the Board. practices, to promote just and equitable Section 3.5 of the Bylaws also determining whether a director principles of trade, to foster cooperation provides that a vacancy on the Board candidate satisfies the applicable and coordination with persons engaged may be filled by a vote of majority of the qualifications for election as a director, in regulating, clearing, settling, Directors then in office, or by the sole and the decision of the Board is final. processing information with respect to, remaining Director, so long as the There are no other changes with respect and facilitating transactions in elected Director qualifies for the to the process for the nomination and securities, to remove impediments to position. Additionally, for vacancies of selection of Representative Directors. and perfect the mechanism of a free and Representative Directors, the The Exchange notes that it believes that open market and a national market Representative Director Nominating system, and, in general, to protect the proposed changes continue to give Body will recommend an individual to Exchange members a voice in the investors and the public interest. be elected, or provide a list of Additionally, the Exchange believes the Exchange’s use of self-regulatory recommended individuals, and the authority. proposed rule change is consistent with position shall be filled by the vote of a the Section 6(b)(5) 10 requirement that (b) Committee Appointments majority of the Directors then in office. the rules of an exchange not be designed Consistent with the proposal to have the to permit unfair discrimination between The N&G Committee is also currently sole stockholder nominate and elect responsible for recommending to the customers, issuers, brokers, or dealers. directors to the Board (and to be bound The Exchange also believes that its Board of Directors appointments to to accept and elect the Representative certain Committees. Specifically, proposal is consistent with Section 6(b) Director Nominating Body’s of the Act in general, and furthers the Section 4.2 and Section 6.1 of the nominee(s)), the Exchange wishes to Bylaws provides that the members of objectives of Section 6(b)(1) of the Act provide that the sole stockholder, in particular, in that it enables the the Executive Committee and Advisory instead of the Board, will also have the Board, respectively, be recommended by Exchange to be so organized as to have ability to fill the above described the capacity to be able to carry out the the N&G Committee for approval by the Director vacancies. Board. Pursuant to Section 4.4 of the purposes of the Act and to comply, and Bylaws, members of the Regulatory Technical, Non-Substantive Changes to enforce compliance by its exchange members and persons associated with Oversight Committee (‘‘ROC’’) are Lastly, the Exchange proposes to its exchange members, with the recommended by the Non-Industry change the Exchange’s name in the title provisions of the Act, the rules and Directors on the N&G Committee for and signature line in its Certificate from regulations thereunder, and the rules of approval by the Board. ‘‘Bats EDGX Exchange, Inc.’’ to ‘‘Cboe the Exchange. The Exchange also In light of the elimination of the N&G EDGX Exchange, Inc.’’ The Exchange believes that this proposal furthers the Committee, the Exchange proposes to notes that it recently changed its legal objectives of Section 6(b)(3) 11 of the Act eliminate references to the N&G name, but was unable to update the in particular, in that it is designed to Committee with respect to committee Exchange’s name in the title or signature assure a fair representation of Exchange appointments and transfer the N&G’s line in its Certificate as the name current authority to the Board (or changes were not effective until the Members in the selection of its directors appropriate subcommittee of the Board). Exchange, as previously named, filed and administration of its affairs and Specifically the Exchange proposes that the proposed changes in Delaware. The provide that one or more directors members of the Executive Committee Exchange had noted in the filing that would be representative of issuers and and Advisory Board be appointed by the proposed the name changes that it investors and not be associated with a Board and members of the ROC be would later amend the Certificate to member of the exchange, broker, or appointed by the Board on the 8 15 U.S.C. 78f(b). 7 See e.g., Eleventh Amended and Restated recommendation of the Non-Industry 9 15 U.S.C. 78f(b)(5). Directors of the Board. The Exchange Operating Agreement of New York Stock Exchange, LLC, Section 2.03(h) and By-Laws of Nasdaq Phlx 10 Id. notes that Boards of other Exchanges LLC, Section 5–3. 11 15 U.S.C. 78f(b)(3).

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dealer. For instance, the proposed and election of directors, (ii) nominating A. By order approve or disapprove changes continue to include a process body for Representative Directors, (iii) such proposed rule change, or by which Exchange members can filling of Director vacancies and (iv) B. institute proceedings to determine directly petition and vote for appointment of committees is being whether the proposed rule change representation on the Board. modified, the substantive practices of should be disapproved. The Exchange believes eliminating the Exchange will remain the same. For the exchange-level N&G Committee example, the sole stockholder will be IV. Solicitation of Comments allows the Exchange to eliminate a bound to nominate and elect the Interested persons are invited to board committee whose core Representative Directors nominees submit written data, views, and responsibilities can be adequately recommended by the Representative arguments concerning the foregoing, handled by its sole stockholder or Director Nominating Body or, in the including whether the proposed rule Board, as applicable. The Exchange event of a petition candidate, the change is consistent with the Act. believes the elimination of this board Representative Director nominees who Comments may be submitted by any of committee will streamline, make more receive the most votes pursuant to a the following methods: efficient, and improve the Exchange’s Run-off Election. governance structure and allow Lastly, the Exchange believes the Electronic Comments directors of the Exchange to continue to clarifying changes to the Exchange’s • Use the Commission’s Internet focus their attention on matters within Certificate, including updating the comment form (http://www.sec.gov/ the purview of the Exchange’s Board Exchange’s name in the title and rules/sro.shtml); or including its orderly discharge of signature line, allows the Exchange to • Send an email to rule-comments@ regulatory duties to prevent fraudulent comply with Delaware law and reduce sec.gov. Please include File Number SR– and manipulative acts and practices, to potential confusion. The alleviation of CboeEDGX–2017–001 on the subject promote just and equitable principles of confusion removes impediments to, and line. trade, to foster cooperation and perfects the mechanism for a free and coordination with persons engaged in open market and a national market Paper Comments regulating, clearing, settling, processing system, and, in general, protects • Send paper comments in triplicate information with respect to, and investors and the public interest of to Secretary, Securities and Exchange facilitating transactions in securities, to market participants. Commission, 100 F Street NE., remove impediments to and perfect the The Exchange believes the proposed Washington, DC 20549–1090. mechanism of a free and open market changes do not affect the meaning, All submissions should refer to File and a national market system, and, in administration, or enforcement of any general, to protect investors and the Number SR–CboeEDGX–2017–001. This rules of the Exchange or the rights, file number should be included on the public interest. The Exchange also notes obligations, or privileges of Exchange that it is not statutorily required to subject line if email is used. To help the members or their associated persons is Commission process and review your maintain a standing nominating any way. committee. Indeed, another Exchange comments more efficiently, please use similarly does not do so and instead B. Self-Regulatory Organization’s only one method. The Commission will provides that its sole stockholder Statement on Burden on Competition post all comments on the Commission’s nominates and elects its non-fair The Exchange does not believe the Internet Web site (http://www.sec.gov/ representation directors.12 Other proposed rule change will impose any rules/sro.shtml). Copies of the Exchanges also provide that their Board, burden on competition not necessary or submission, all subsequent without input from a nominating appropriate in furtherance of the amendments, all written statements committee, appoint members to purposes of the Act. The proposed rule with respect to the proposed rule committees.13 The Exchange also change relates to the corporate change that are filed with the believes that since it is being proposed governance of the Exchange and not the Commission, and all written that the sole stockholder have the operations of the Exchange. This is not communications relating to the authority to nominate (and elect) a competitive filing and, therefore, proposed rule change between the directors to the Board (and accept and imposes no burden on competition. Commission and any person, other than elect Representative Director nominees), those that may be withheld from the it is also consistent to transfer the C. Self-Regulatory Organization’s public in accordance with the authority to fill director vacancies from Statement on Comments on the provisions of 5 U.S.C. 552, will be the Board to the sole stockholder. Proposed Rule Change Received From available for Web site viewing and The Exchange importantly notes that Members, Participants, or Others printing in the Commission’s Public it is not proposing to amend any of the The Exchange neither solicited nor Reference Room, 100 F Street NE., compositional requirements currently received comments on the proposed Washington, DC 20549, on official set forth in the Bylaws and that rule change. business days between the hours of notwithstanding the proposed changes, 10:00 a.m. and 3:00 p.m. Copies of the existing compositional requirements of III. Date of Effectiveness of the filing also will be available for the Exchange will still be required to be Proposed Rule Change and Timing for inspection and copying at the principal satisfied, including the provision Commission Action office of the Exchange. All comments relating to the fair representation of Within 45 days of the date of received will be posted without change. members. While the delegation of the publication of this notice in the Federal Persons submitting comments are authority relating to the (i) nomination Register or within such longer period cautioned that we do not redact or edit up to 90 days (i) as the Commission may personal identifying information from 12 See Section 3.02 of the Amended and Restated designate if it finds such longer period comment submissions. You should NYSE Arca, Inc. Bylaws. to be appropriate and publishes its submit only information that you wish 13 See e.g., Eleventh Amended and Restated reasons for so finding or (ii) as to which to make available publicly. All Operating Agreement of New York Stock Exchange, LLC, Section 2.03(h) and By-Laws of Nasdaq Phlx the Exchange consents, the Commission submissions should refer to File LLC, Section 5–3. will: Number SR–CboeEDGX–2017–001, and

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should be submitted on or before the most significant aspects of such necessary for Rule 713 which discusses December 12, 2017. statements. priority. For the Commission, by the Division of A. Self-Regulatory Organization’s B. Self-Regulatory Organization’s Trading and Markets, pursuant to delegated Statement of the Purpose of, and the Statement on Burden on Competition authority.14 Statutory Basis for, the Proposed Rule Eduardo A. Aleman, The Exchange does not believe that Change the proposed rule change will impose Assistant Secretary. 1. Purpose any burden on competition not [FR Doc. 2017–25470 Filed 11–24–17; 8:45 am] necessary or appropriate in furtherance BILLING CODE 8011–01–P The Exchange previously filed a rule of the purposes of the Act. This change to amend the All-Or-None Order proposal seeks to delete rule text which SECURITIES AND EXCHANGE so that it may only be entered into the is unnecessary and may lead to COMMISSION trading system with a time-in-force confusion. All-Or-None Orders do not designation of Immediate-Or-Cancel.3 rest on the order book and do not [Release No. 34–82130; File No. SR–ISE– Previously, an All-Or-None Order was a allocate differently than any other 2017–99] limit or market order that is to be incoming order. Self-Regulatory Organizations; Nasdaq executed in its entirety or not at all. It C. Self-Regulatory Organization’s ISE, LLC; Notice of Filing and was designated as a market or limit Statement on Comments on the Immediate Effectiveness of Proposed order with any time-in-force Proposed Rule Change Received From Rule Change Relating to All-Or-None designation. The Exchange filed to limit Members, Participants, or Others Orders All-Or-None Orders to only be accepted with a time-in-force designation of No written comments were either solicited or received. November 20, 2017. Immediate-Or-Cancel.4 Today, an Pursuant to Section 19(b)(1) of the Immediate-Or-Cancel Order is a limit III. Date of Effectiveness of the Securities Exchange Act of 1934 order that is to be executed in whole or Proposed Rule Change and Timing for (‘‘Act’’),1 and Rule 19b–4 thereunder,2 in part upon receipt. Any portion not so Commission Action notice is hereby given that on November executed is to be treated as cancelled. At Because the proposed rule change 13, 2017, Nasdaq ISE, LLC (‘‘ISE’’ or that time, the Exchange also proposed to does not (i) significantly affect the ‘‘Exchange’’) filed with the Securities amend Supplementary Material .02 to protection of investors or the public and Exchange Commission Rule 713 to make clear that All-Or-None interest; (ii) impose any significant (‘‘Commission’’) the proposed rule Orders will only be accepted with a burden on competition; and (iii) become change as described in Items I and II, time-in-force designation of Immediate- operative for 30 days from the date on below, which Items have been prepared Or-Cancel and, therefore, would not which it was filed, or such shorter time 5 by the Exchange. The Commission is persist in the Order Book. as the Commission may designate if publishing this notice to solicit The Exchange proposes at this time to consistent with the protection of comments on the proposed rule change remove Supplementary Material .02 to investors and the public interest, the from interested persons. Rule 713 as unnecessary as All-Or-None proposed rule change has become I. Self-Regulatory Organization’s Orders do not rest on the Order Book. effective pursuant to Section 19(b)(3)(A) of the Act 8 and Rule 19b–4(f)(6) Statement of the Terms of Substance of 2. Statutory Basis the Proposed Rule Change thereunder.9 The Exchange believes that its A proposed rule change filed under The Exchange proposes to amend 10 proposal is consistent with Section 6(b) Rule 19b–4(f)(6) normally does not Rule 713 to delete Supplementary become operative for 30 days after the Material .02, which no longer is of the Act,6 in general, and furthers the objectives of Section 6(b)(5) of the Act,7 date of filing. However, pursuant to applicable. Rule 19b–4(f)(6)(iii),11 the Commission The text of the proposed rule change in particular, in that it is designed to may designate a shorter time if such is available on the Exchange’s Web site promote just and equitable principles of action is consistent with the protection at www.ise.com, at the principal office trade, to remove impediments to and of investors and the public interest. The of the Exchange, and at the perfect the mechanism of a free and Exchange has asked the Commission to Commission’s Public Reference Room. open market and a national market system, and, in general to protect waive the 30-day operative delay so that II. Self-Regulatory Organization’s investors and the public interest the proposal may become operative Statement of the Purpose of, and because the current notation in immediately upon filing. The Statutory Basis for, the Proposed Rule Supplementary Material .02 to Rule 713 Commission believes that waiving the Change is confusing and unnecessary. All-Or- 30-day operative delay is consistent In its filing with the Commission, the None Orders do not rest on the order with the protection of investors and the Exchange included statements book and do not allocate differently public interest as it will allow the concerning the purpose of and basis for than any other incoming order therefore Exchange to immediately delete the proposed rule change and discussed no specific mention of this order type is any comments it received on the 8 15 U.S.C. 78s(b)(3)(A). 9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– proposed rule change. The text of these 3 See Securities Exchange Act Release No. 80432 4(f)(6)(iii) requires the Exchange to give the statements may be examined at the (April 11, 2017), 82 FR 18191 (April 17, 2017) (SR– Commission written notice of the Exchange’s intent places specified in Item IV below. The ISE–2017–03) (Order Approving Proposed Rule to file the proposed rule change, along with a brief Exchange has prepared summaries, set Change, As Modified by Amendment No. 1, To description and text of the proposed rule change, Amend Various Rules in Connection with a System at least five business days prior to the date of filing forth in sections A, B, and C below, of Migration to Nasdaq INET Technology). of the proposed rule change, or such shorter time 4 Id. as designated by the Commission. The Exchange 14 17 CFR 200.30–3(a)(12). 5 Id. has satisfied this requirement. 1 15 U.S.C. 78s(b)(1). 6 15 U.S.C. 78f(b). 10 17 CFR 240.19b–4(f)(6). 2 17 CFR 240.19b–4. 7 15 U.S.C. 78f(b)(5). 11 17 CFR 240.19b–4(f)(6)(iii).

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unnecessary rule text which may available for Web site viewing and process and its Nominating and minimize potential investor confusion. printing in the Commission’s Public Governance Committee. Accordingly, the Commission hereby Reference Room, 100 F Street NE., The text of the proposed rule change waives the 30-day operative delay Washington, DC 20549, on official is available at the Exchange’s Web site requirement and designates the business days between the hours of at www.bats.com, at the principal office proposed rule change as operative upon 10:00 a.m. and 3:00 p.m. Copies of the of the Exchange, and at the filing.12 filing also will be available for Commission’s Public Reference Room. At any time within 60 days of the inspection and copying at the principal II. Self-Regulatory Organization’s filing of the proposed rule change, the office of the Exchange. All comments Statement of the Purpose of, and Commission summarily may received will be posted without change. Statutory Basis for, the Proposed Rule temporarily suspend such rule change if Persons submitting comments are Change it appears to the Commission that such cautioned that we do not redact or edit action is necessary or appropriate in the personal identifying information from In its filing with the Commission, the public interest, for the protection of comment submissions. You should Exchange included statements investors, or otherwise in furtherance of submit only information that you wish concerning the purpose of and basis for the purposes of the Act. If the to make available publicly. All the proposed rule change and discussed Commission takes such action, the submissions should refer to File any comments it received on the Commission shall institute proceedings Number SR–ISE–2017–99, and should proposed rule change. The text of these to determine whether the proposed rule be submitted on or before December 18, statements may be examined at the should be approved or disapproved. 2017. places specified in Item IV below. The Exchange has prepared summaries, set IV. Solicitation of Comments For the Commission, by the Division of Trading and Markets, pursuant to delegated forth in sections A, B, and C below, of Interested persons are invited to authority.13 the most significant aspects of such submit written data, views, and Eduardo A. Aleman, statements. arguments concerning the foregoing, Assistant Secretary. A. Self-Regulatory Organization’s including whether the proposed rule Statement of the Purpose of, and the change is consistent with the Act. [FR Doc. 2017–25474 Filed 11–24–17; 8:45 am] Statutory Basis for, the Proposed Rule Comments may be submitted by any of BILLING CODE 8011–01–P Change the following methods: 1. Purpose Electronic Comments SECURITIES AND EXCHANGE The Exchange proposes to amend its • Use the Commission’s Internet COMMISSION Bylaws and Certificate. Specifically the comment form (http://www.sec.gov/ [Release No. 34–82122; File No. SR– Exchange proposes to eliminate its rules/sro.shtml); or CboeBYX–2017–001] • Send an email to rule-comments@ Nominating and Governance Committee sec.gov. Please include File Number SR– Self-Regulatory Organizations; Cboe (‘‘N&G Committee’’), as well as amend ISE–2017–99 on the subject line. BYX Exchange, Inc.; Notice of Filing of the process by which (i) directors are a Proposed Rule Change Relating to elected, (ii) committee appointments are Paper Comments Its Director Nomination and Committee made and (iii) vacancies are filled. • Send paper comments in triplicate Appointment Process and Its Additionally, the Exchange proposes to to Secretary, Securities and Exchange Nominating and Governance make other technical, non-substantive Commission, 100 F Street NE., Committee changes. Washington, DC 20549–1090. Elimination of Nominating and November 20, 2017. All submissions should refer to File Governance Committee Number SR–ISE–2017–99. This file Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the (a) Nomination of Directors number should be included on the 1 2 subject line if email is used. To help the ‘‘Act’’), and Rule 19b–4 thereunder, By way of background, Section 4.3 of Commission process and review your notice is hereby given that on November the Bylaws provides, among other comments more efficiently, please use 14, 2017, Cboe BYX Exchange, Inc. (the things, that the Exchange N&G only one method. The Commission will ‘‘Exchange’’ or ‘‘BYX’’) filed with the Committee shall consist of at least five post all comments on the Commission’s Securities and Exchange Commission directors that are majority Non-Industry Internet Web site (http://www.sec.gov/ (the ‘‘Commission’’) the proposed rule Directors and are appointed by the rules/sro.shtml). Copies of the change as described in Items I, II, and Board on the recommendation of the submission, all subsequent III below, which Items have been N&G Committee. Section 4.3 of the amendments, all written statements prepared by the Exchange. The Bylaws also provides that the N&G with respect to the proposed rule Commission is publishing this notice to Committee shall have the authority to change that are filed with the solicit comments on the proposed rule nominate individuals for election as Commission, and all written change from interested persons. directors of the Corporation and such communications relating to the other duties as prescribed by resolution I. Self-Regulatory Organization’s 3 proposed rule change between the Statement of the Terms of Substance of of the Board. Additionally, if the N&G Commission and any person, other than the Proposed Rule Change Committee has two or more Industry those that may be withheld from the Directors, those Industry Directors shall The Exchange proposes to amend its act as the Representative Director public in accordance with the governance documents with respect to provisions of 5 U.S.C. 552, will be Nominating Body, which body is changes relating to its director responsible for the nomination of the nomination and committee appointment 12 For purposes only of waiving the 30-day Representative Directors. If however, operative delay, the Commission has also considered the proposed rule’s impact on 13 17 CFR 200.30–3(a)(12). 3 Article Fifth, subparagraph (c) of the Certificate efficiency, competition, and capital formation. See 1 15 U.S.C. 78s(b)(1). also provides that the N&G Committee nominates 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4. persons for election as directors.

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there are less than two Industry Representative Director Nominating of director, his office shall become Directors on the N&G Committee, then Body or, in the event of a petition vacant and the vacancy may be filled by the Exchange Member Subcommittee of candidate, the Representative Director the Board with a person who qualifies the Advisory Board shall act as the nominees who receive the most votes for the category in which the vacancy Representative Director Nominating pursuant to a Run-off Election. Lastly, as exists. If a director is determined to Body.4 The N&G Committee is bound to the N&G Committee is being eliminated, have requalified, Section 3.4 provides accept and nominate the Representative the Exchange proposes to amend the Board, in its sole discretion, may fill Director nominees recommended by the Section 3.1 of the Bylaws to provide that an existing vacancy in the Board or may Representative Director Nominating the Board, instead of the N&G increase the size of the Board, as Body or, in the event of a petition Committee, is responsible for necessary, to appoint such director to candidate, the Representative Director determining whether a director the Board; provided, however, that the nominees who receive the most votes candidate satisfies the applicable Board shall be under no obligation to pursuant to a Run-off Election.5 qualifications for election as a director, return such director to the Board. Pursuant to Section 3.1 of the Bylaws, and the decision of the Board, is final. Section 3.5 of the Bylaws also the N&G Committee is also responsible There are no other changes with respect provides that a vacancy on the Board for determining whether a director to the process for the nomination and may be filled by a vote of majority of the candidate satisfies the applicable selection of Representative Directors. Directors then in office, or by the sole qualifications for election as a director, The Exchange notes that it believes that remaining Director, so long as the and the decision of the N&G Committee, the proposed changes continue to give elected Director qualifies for the subject to review, if any, by the Board, Exchange members a voice in the position. Additionally, for vacancies of is final. Exchange’s use of self-regulatory Representative Directors, the The Exchange first proposes to authority. Representative Director Nominating eliminate its N&G Committee and Body will recommend an individual to amend the process by which Directors (b) Committee Appointments be elected, or provide a list of are nominated and elected. Specifically, The N&G Committee is also currently recommended individuals, and the the Exchange proposes to provide that responsible for recommending to the position shall be filled by the vote of a the sole stockholder of the exchange Board of Directors appointments to majority of the Directors then in office. shall nominate and elect directors for certain Committees. Specifically, Consistent with the proposal to have the nomination at the annual meeting of the Section 4.2 and Section 6.1 of the sole stockholder nominate and elect stockholder, except with respect to fair- Bylaws provides that the members of directors to the Board (and to be bound representation directors the Executive Committee and Advisory to accept and elect the Representative (‘‘Representative Directors’’) as Board, respectively, be recommended by Director Nominating Body’s described below. The Exchange notes the N&G Committee for approval by the nominee(s)), the Exchange wishes to that another Exchange similarly does Board. Pursuant to Section 4.4 of the provide that the sole stockholder, not maintain an exchange-level Bylaws, members of the Regulatory instead of the Board, will also have the nominating committee and instead Oversight Committee (‘‘ROC’’) are ability to fill the above described provides that the sole stockholder of the recommended by the Non-Industry Director vacancies. Exchange nominates and elects their Directors on the N&G Committee for Technical, Non-Substantive Changes non-fair representation Directors.6 With approval by the Board. respect to the nomination of In light of the elimination of the N&G Lastly, the Exchange proposes to Representative Directors, the Exchange Committee, the Exchange proposes to change the Exchange’s name in the title proposes to amend the definition of eliminate references to the N&G and signature line in its Certificate from ‘‘Representative Director Nominating Committee with respect to committee ‘‘Bats BYX Exchange, Inc.’’ to ‘‘Cboe Body’’ and provide that if the Board has appointments and transfer the N&G’s BYX Exchange, Inc.’’ The Exchange two or more Industry Directors, current authority to the Board (or notes that it recently changed its legal excluding directors that are exchange appropriate subcommittee of the Board). name, but was unable to update the employees, those Industry Directors Specifically the Exchange proposes that Exchange’s name in the title or signature shall act as the Representative Director members of the Executive Committee line in its Certificate as the name Nominating Body. Additionally, similar and Advisory Board be appointed by the changes were not effective until the to the current practice, if there are less Board and members of the ROC be Exchange, as previously named, filed than two Industry Directors on the appointed by the Board on the the proposed changes in Delaware. The Board (excluding directors that are recommendation of the Non-Industry Exchange had noted in the filing that employees of the Exchange), then the Directors of the Board. The Exchange proposed the name changes that it Exchange Member Subcommittee of the notes that Boards of other Exchanges would later amend the Certificate to Advisory Board shall act as the also have authority to appoint Board reflect the new name in the title and Representative Director Nominating Committees.7 signature line and the Exchange is Body. The Bylaws and Certificate will Filling of Director Vacancies seeking to do so now. The Exchange also be amended to provide that the sole also proposes to make clarifying stockholder is bound to nominate and Next, the Exchange proposes to amendments and cite to the applicable elect the Representative Directors amend the process to fill Director provisions of the General Corporation vacancies. Currently, Sections 3.4 of the nominees recommended by the Law of the State of Delaware in Bylaws provides that in the event any connection with the proposed Industry Director or Non-Industry 4 See Sections 1.1(j) and 4.3 of the Bylaws. restatement and amendment. Section 3.2 of the Bylaws sets forth a detailed Director fails to maintain the process for the nomination and selection of fair qualifications required for such category 2. Statutory Basis representation directors for the Board of Directors. The Exchange believes the proposed 5 See Sections 3.1 and 3.2 of the Bylaws and 7 See e.g., Eleventh Amended and Restated rule change is consistent with the Article Fifth, subparagraph (c) of the Certificate. Operating Agreement of New York Stock Exchange, 6 See Section 3.02 of the Amended and Restated LLC, Section 2.03(h) and By-Laws of Nasdaq Phlx Securities Exchange Act of 1934 (the NYSE Arca, Inc. Bylaws. LLC, Section 5–3. ‘‘Act’’) and the rules and regulations

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thereunder applicable to the Exchange governance structure and allow Lastly, the Exchange believes the and, in particular, the requirements of directors of the Exchange to continue to clarifying changes to the Exchange’s Section 6(b) of the Act.8 Specifically, focus their attention on matters within Certificate, including updating the the Exchange believes the proposed rule the purview of the Exchange’s Board Exchange’s name in the title and change is consistent with the Section including its orderly discharge of signature line, allows the Exchange to 6(b)(5) 9 requirements that the rules of regulatory duties to prevent fraudulent comply with Delaware law and reduce an exchange be designed to prevent and manipulative acts and practices, to potential confusion. The alleviation of fraudulent and manipulative acts and promote just and equitable principles of confusion removes impediments to, and practices, to promote just and equitable trade, to foster cooperation and perfects the mechanism for a free and principles of trade, to foster cooperation coordination with persons engaged in open market and a national market and coordination with persons engaged regulating, clearing, settling, processing system, and, in general, protects in regulating, clearing, settling, information with respect to, and investors and the public interest of processing information with respect to, facilitating transactions in securities, to market participants. and facilitating transactions in remove impediments to and perfect the The Exchange believes the proposed securities, to remove impediments to mechanism of a free and open market changes do not affect the meaning, and perfect the mechanism of a free and and a national market system, and, in administration, or enforcement of any open market and a national market general, to protect investors and the rules of the Exchange or the rights, system, and, in general, to protect public interest. The Exchange also notes obligations, or privileges of Exchange investors and the public interest. that it is not statutorily required to members or their associated persons is Additionally, the Exchange believes the maintain a standing nominating any way. proposed rule change is consistent with committee. Indeed, another Exchange the Section 6(b)(5) 10 requirement that similarly does not do so and instead B. Self-Regulatory Organization’s the rules of an exchange not be designed provides that its sole stockholder Statement on Burden on Competition to permit unfair discrimination between nominates and elects its non-fair The Exchange does not believe the 12 customers, issuers, brokers, or dealers. representation directors. Other proposed rule change will impose any The Exchange also believes that its Exchanges also provide that their Board, burden on competition not necessary or proposal is consistent with Section 6(b) without input from a nominating appropriate in furtherance of the of the Act in general, and furthers the committee, appoint members to purposes of the Act. The proposed rule 13 objectives of Section 6(b)(1) of the Act committees. The Exchange also change relates to the corporate in particular, in that it enables the believes that since it is being proposed governance of the Exchange and not the Exchange to be so organized as to have that the sole stockholder have the operations of the Exchange. This is not the capacity to be able to carry out the authority to nominate (and elect) a competitive filing and, therefore, purposes of the Act and to comply, and directors to the Board (and accept and imposes no burden on competition. to enforce compliance by its exchange elect Representative Director nominees), members and persons associated with it is also consistent to transfer the C. Self-Regulatory Organization’s its exchange members, with the authority to fill director vacancies from Statement on Comments on the provisions of the Act, the rules and the Board to the sole stockholder. Proposed Rule Change Received From regulations thereunder, and the rules of The Exchange importantly notes that Members, Participants, or Others it is not proposing to amend any of the the Exchange. The Exchange also The Exchange neither solicited nor compositional requirements currently believes that this proposal furthers the received comments on the proposed 11 set forth in the Bylaws and that objectives of Section 6(b)(3) of the Act rule change. in particular, in that it is designed to notwithstanding the proposed changes, assure a fair representation of Exchange existing compositional requirements of III. Date of Effectiveness of the Members in the selection of its directors the Exchange will still be required to be Proposed Rule Change and Timing for and administration of its affairs and satisfied, including the provision Commission Action relating to the fair representation of provide that one or more directors Within 45 days of the date of would be representative of issuers and members. While the delegation of the authority relating to the (i) nomination publication of this notice in the Federal investors and not be associated with a Register or within such longer period member of the exchange, broker, or and election of directors, (ii) nominating body for Representative Directors, (iii) up to 90 days (i) as the Commission may dealer. For instance, the proposed designate if it finds such longer period changes continue to include a process filling of Director vacancies and (iv) appointment of committees is being to be appropriate and publishes its by which Exchange members can reasons for so finding or (ii) as to which directly petition and vote for modified, the substantive practices of the Exchange will remain the same. For the Exchange consents, the Commission representation on the Board. will: The Exchange believes eliminating example, the sole stockholder will be the exchange-level N&G Committee bound to nominate and elect the A. By order approve or disapprove allows the Exchange to eliminate a Representative Directors nominees such proposed rule change, or board committee whose core recommended by the Representative B. institute proceedings to determine responsibilities can be adequately Director Nominating Body or, in the whether the proposed rule change handled by its sole stockholder or event of a petition candidate, the should be disapproved. Board, as applicable. The Exchange Representative Director nominees who IV. Solicitation of Comments believes the elimination of this board receive the most votes pursuant to a committee will streamline, make more Run-off Election. Interested persons are invited to efficient, and improve the Exchange’s submit written data, views, and 12 See Section 3.02 of the Amended and Restated arguments concerning the foregoing, NYSE Arca, Inc. Bylaws. 8 15 U.S.C. 78f(b). including whether the proposed rule 13 See e.g., Eleventh Amended and Restated 9 change is consistent with the Act. 15 U.S.C. 78f(b)(5). Operating Agreement of New York Stock Exchange, 10 Id. LLC, Section 2.03(h) and By-Laws of Nasdaq Phlx Comments may be submitted by any of 11 15 U.S.C. 78f(b)(3). LLC, Section 5–3. the following methods:

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Electronic Comments SECURITIES AND EXCHANGE or send an email to: PRA_Mailbox@ sec.gov. Comments must be submitted to • COMMISSION Use the Commission’s Internet OMB within 30 days of this notice. comment form (http://www.sec.gov/ [SEC File No. 270–334, OMB Control No. Dated: November 20, 2017. rules/sro.shtml); or 3235–0380] Eduardo A. Aleman, • Send an email to rule-comments@ Submission for OMB Review; Assistant Secretary. sec.gov. Please include File Number SR– Comment Request [FR Doc. 2017–25463 Filed 11–24–17; 8:45 am] CboeBYX–2017–001 on the subject line. Upon Written Request Copies Available BILLING CODE 8011–01–P Paper Comments From: Securities and Exchange Commission, Office of FOIA Services, • Send paper comments in triplicate 100 F Street NE., Washington, DC SECURITIES AND EXCHANGE to Secretary, Securities and Exchange 20549–2736 COMMISSION Commission, 100 F Street NE., Extension: [Release No. 34–82125; File No. SR– Washington, DC 20549–1090. Form F–10 CboeEDGA–2017–001] All submissions should refer to File Notice is hereby given that, pursuant Self-Regulatory Organizations; Cboe Number SR–CboeBYX–2017–001. This to the Paperwork Reduction Act of 1995 EDGA Exchange, Inc.; Notice of Filing file number should be included on the (44 U.S.C. 3501 et seq.), the Securities of a Proposed Rule Change Relating to subject line if email is used. To help the and Exchange Commission Its Director Nomination and Committee Commission process and review your (‘‘Commission’’) has submitted to the Appointment Process and Its comments more efficiently, please use Office of Management and Budget this Nominating and Governance only one method. The Commission will request for extension of the previously Committee post all comments on the Commission’s approved collection of information Internet Web site (http://www.sec.gov/ discussed below. November 20, 2017. rules/sro.shtml). Copies of the Form F–10 (17 CFR 239.40) is a Pursuant to Section 19(b)(1) of the submission, all subsequent registration statement under the Securities Exchange Act of 1934 (the amendments, all written statements Securities Act of 1933 (15 U.S.C. 77a et ‘‘Act’’),1 and Rule 19b–4 thereunder,2 with respect to the proposed rule seq.) that may be used by a foreign notice is hereby given that on November change that are filed with the private issuer that: Is incorporated or 14, 2017, Cboe EDGA Exchange, Inc. Commission, and all written organized in Canada; has been subject (the ‘‘Exchange’’ or ‘‘EDGA’’) filed with to, and in compliance with, Canadian communications relating to the the Securities and Exchange reporting requirements for at least 12 proposed rule change between the Commission (the ‘‘Commission’’) the months; and has an aggregate market Commission and any person, other than proposed rule change as described in value of common stock held by non- Items I, II, and III below, which Items those that may be withheld from the affiliates of at least $75 million. The public in accordance with the have been prepared by the Exchange. purpose of this information collection is The Commission is publishing this provisions of 5 U.S.C. 552, will be to permit verification of compliance available for Web site viewing and notice to solicit comments on the with securities law requirements and proposed rule change from interested printing in the Commission’s Public assure the public availability of such persons. Reference Room, 100 F Street NE., information. We estimate that Form F– Washington, DC 20549, on official 10 takes 25 hours per response and is I. Self-Regulatory Organization’s business days between the hours of filed by 77 respondents. We further Statement of the Terms of Substance of 10:00 a.m. and 3:00 p.m. Copies of the estimate that 25% of the 25 hours per the Proposed Rule Change filing also will be available for response (6.25 hours) is prepared by the The Exchange proposes to amend its inspection and copying at the principal issuer for an annual reporting burden of governance documents with respect to office of the Exchange. All comments 481 hours (6.25 hours per response × 77 changes relating to its director received will be posted without change. responses). nomination and committee appointment Persons submitting comments are An agency may not conduct or process and its Nominating and cautioned that we do not redact or edit sponsor, and a person is not required to Governance Committee. personal identifying information from respond to, a collection of information The text of the proposed rule change comment submissions. You should unless it displays a currently valid is available at the Exchange’s Web site submit only information that you wish control number. at www.bats.com, at the principal office to make available publicly. All The public may view the background of the Exchange, and at the submissions should refer to File documentation for this information Commission’s Public Reference Room. collection at the following Web site, Number SR–CboeBYX–2017–001, and www.reginfo.gov. Comments should be II. Self-Regulatory Organization’s should be submitted on or before directed to: (i) Desk Officer for the Statement of the Purpose of, and December 12, 2017. Securities and Exchange Commission, Statutory Basis for, the Proposed Rule For the Commission, by the Division of Office of Information and Regulatory Change Trading and Markets, pursuant to delegated Affairs, Office of Management and In its filing with the Commission, the authority.14 Budget, Room 10102, New Executive Exchange included statements Eduardo A. Aleman, Office Building, Washington, DC 20503, concerning the purpose of and basis for _ Assistant Secretary. or by sending an email to: Shagufta the proposed rule change and discussed [FR Doc. 2017–25467 Filed 11–24–17; 8:45 am] [email protected]; and (ii) Pamela any comments it received on the Dyson, Director/Chief Information proposed rule change. The text of these BILLING CODE 8011–01–P Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon, 1 15 U.S.C. 78s(b)(1). 14 17 CFR 200.30–3(a)(12). 100 F Street NE., Washington, DC 20549 2 17 CFR 240.19b–4.

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statements may be examined at the pursuant to a Run-off Election.5 to the process for the nomination and places specified in Item IV below. The Pursuant to Section 3.1 of the Bylaws, selection of Representative Directors. Exchange has prepared summaries, set the N&G Committee is also responsible The Exchange notes that it believes that forth in sections A, B, and C below, of for determining whether a director the proposed changes continue to give the most significant aspects of such candidate satisfies the applicable Exchange members a voice in the statements. qualifications for election as a director, Exchange’s use of self-regulatory and the decision of the N&G Committee, authority. A. Self-Regulatory Organization’s subject to review, if any, by the Board, (b) Committee Appointments Statement of the Purpose of, and the is final. Statutory Basis for, the Proposed Rule The Exchange first proposes to The N&G Committee is also currently Change eliminate its N&G Committee and responsible for recommending to the amend the process by which Directors Board of Directors appointments to 1. Purpose are nominated and elected. Specifically, certain Committees. Specifically, The Exchange proposes to amend its the Exchange proposes to provide that Section 4.2 and Section 6.1 of the Bylaws and Certificate. Specifically the the sole stockholder of the exchange Bylaws provides that the members of Exchange proposes to eliminate its shall nominate and elect directors for the Executive Committee and Advisory Nominating and Governance Committee nomination at the annual meeting of the Board, respectively, be recommended by (‘‘N&G Committee’’), as well as amend stockholder, except with respect to fair- the N&G Committee for approval by the the process by which (i) directors are representation directors Board. Pursuant to Section 4.4 of the elected, (ii) committee appointments are (‘‘Representative Directors’’) as Bylaws, members of the Regulatory made and (iii) vacancies are filled. described below. The Exchange notes Oversight Committee (‘‘ROC’’) are recommended by the Non-Industry Additionally, the Exchange proposes to that another Exchange similarly does Directors on the N&G Committee for make other technical, non-substantive not maintain an exchange-level approval by the Board. changes. nominating committee and instead provides that the sole stockholder of the In light of the elimination of the N&G Elimination of Nominating and Exchange nominates and elects their Committee, the Exchange proposes to Governance Committee non-fair representation Directors.6 With eliminate references to the N&G Committee with respect to committee (a) Nomination of Directors respect to the nomination of Representative Directors, the Exchange appointments and transfer the N&G’s By way of background, Section 4.3 of proposes to amend the definition of current authority to the Board (or the Bylaws provides, among other ‘‘Representative Director Nominating appropriate subcommittee of the Board). Specifically the Exchange proposes that things, that the Exchange N&G Body’’ and provide that if the Board has members of the Executive Committee Committee shall consist of at least five two or more Industry Directors, and Advisory Board be appointed by the directors that are majority Non-Industry excluding directors that are exchange Board and members of the ROC be Directors and are appointed by the employees, those Industry Directors appointed by the Board on the Board on the recommendation of the shall act as the Representative Director recommendation of the Non-Industry N&G Committee. Section 4.3 of the Nominating Body. Additionally, similar to the current practice, if there are less Directors of the Board. The Exchange Bylaws also provides that the N&G notes that Boards of other Exchanges Committee shall have the authority to than two Industry Directors on the Board (excluding directors that are also have authority to appoint Board nominate individuals for election as Committees.7 directors of the Corporation and such employees of the Exchange), then the other duties as prescribed by resolution Exchange Member Subcommittee of the Filling of Director Vacancies of the Board.3 Additionally, if the N&G Advisory Board shall act as the Next, the Exchange proposes to Committee has two or more Industry Representative Director Nominating amend the process to fill Director Directors, those Industry Directors shall Body. The Bylaws and Certificate will vacancies. Currently, Sections 3.4 of the act as the Representative Director also be amended to provide that the sole Bylaws provides that in the event any Nominating Body, which body is stockholder is bound to nominate and Industry Director or Non-Industry responsible for the nomination of the elect the Representative Directors Director fails to maintain the Representative Directors. If however, nominees recommended by the qualifications required for such category there are less than two Industry Representative Director Nominating of director, his office shall become Directors on the N&G Committee, then Body or, in the event of a petition vacant and the vacancy may be filled by the Exchange Member Subcommittee of candidate, the Representative Director the Board with a person who qualifies the Advisory Board shall act as the nominees who receive the most votes for the category in which the vacancy Representative Director Nominating pursuant to a Run-off Election. Lastly, as exists. If a director is determined to Body.4 The N&G Committee is bound to the N&G Committee is being eliminated, have requalified, Section 3.4 provides accept and nominate the Representative the Exchange proposes to amend the Board, in its sole discretion, may fill Director nominees recommended by the Section 3.1 of the Bylaws to provide that an existing vacancy in the Board or may Representative Director Nominating the Board, instead of the N&G increase the size of the Board, as Body or, in the event of a petition Committee, is responsible for necessary, to appoint such director to candidate, the Representative Director determining whether a director the Board; provided, however, that the candidate satisfies the applicable nominees who receive the most votes Board shall be under no obligation to qualifications for election as a director, return such director to the Board. and the decision of the Board, is final. Section 3.5 of the Bylaws also 3 Article Fifth, subparagraph (c) of the Certificate also provides that the N&G Committee nominates There are no other changes with respect provides that a vacancy on the Board persons for election as directors. 4 See Sections 1.1(j) and 4.3 of the Bylaws. 5 See Sections 3.1 and 3.2 of the Bylaws and 7 See e.g., Eleventh Amended and Restated Section 3.2 of the Bylaws sets forth a detailed Article Fifth, subparagraph (c) of the Certificate. Operating Agreement of New York Stock Exchange, process for the nomination and selection of fair 6 See Section 3.02 of the Amended and Restated LLC, Section 2.03(h) and By-Laws of Nasdaq Phlx representation directors for the Board of Directors. NYSE Arca, Inc. Bylaws. LLC, Section 5–3.

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may be filled by a vote of majority of the processing information with respect to, mechanism of a free and open market Directors then in office, or by the sole and facilitating transactions in and a national market system, and, in remaining Director, so long as the securities, to remove impediments to general, to protect investors and the elected Director qualifies for the and perfect the mechanism of a free and public interest. The Exchange also notes position. Additionally, for vacancies of open market and a national market that it is not statutorily required to Representative Directors, the system, and, in general, to protect maintain a standing nominating Representative Director Nominating investors and the public interest. committee. Indeed, another Exchange Body will recommend an individual to Additionally, the Exchange believes the similarly does not do so and instead be elected, or provide a list of proposed rule change is consistent with provides that its sole stockholder recommended individuals, and the the Section 6(b)(5) 10 requirement that nominates and elects its non-fair position shall be filled by the vote of a the rules of an exchange not be designed representation directors.12 Other majority of the Directors then in office. to permit unfair discrimination between Exchanges also provide that their Board, Consistent with the proposal to have the customers, issuers, brokers, or dealers. without input from a nominating sole stockholder nominate and elect The Exchange also believes that its committee, appoint members to directors to the Board (and to be bound proposal is consistent with Section 6(b) committees.13 The Exchange also to accept and elect the Representative of the Act in general, and furthers the believes that since it is being proposed Director Nominating Body’s objectives of Section 6(b)(1) of the Act that the sole stockholder have the nominee(s)), the Exchange wishes to in particular, in that it enables the authority to nominate (and elect) provide that the sole stockholder, Exchange to be so organized as to have directors to the Board (and accept and instead of the Board, will also have the the capacity to be able to carry out the elect Representative Director nominees), ability to fill the above described purposes of the Act and to comply, and it is also consistent to transfer the Director vacancies. to enforce compliance by its exchange authority to fill director vacancies from members and persons associated with Technical, Non-Substantive Changes the Board to the sole stockholder. its exchange members, with the The Exchange importantly notes that Lastly, the Exchange proposes to provisions of the Act, the rules and it is not proposing to amend any of the change the Exchange’s name in the title regulations thereunder, and the rules of compositional requirements currently and signature line in its Certificate from the Exchange. The Exchange also set forth in the Bylaws and that ‘‘Bats EDGA Exchange, Inc.’’ to ‘‘Cboe believes that this proposal furthers the notwithstanding the proposed changes, EDGA Exchange, Inc.’’ The Exchange objectives of Section 6(b)(3) 11 of the Act existing compositional requirements of notes that it recently changed its legal in particular, in that it is designed to the Exchange will still be required to be name, but was unable to update the assure a fair representation of Exchange satisfied, including the provision Exchange’s name in the title or signature Members in the selection of its directors relating to the fair representation of line in its Certificate as the name and administration of its affairs and members. While the delegation of the changes were not effective until the provide that one or more directors authority relating to the (i) nomination Exchange, as previously named, filed would be representative of issuers and and election of directors, (ii) nominating the proposed changes in Delaware. The investors and not be associated with a body for Representative Directors, (iii) Exchange had noted in the filing that member of the exchange, broker, or filling of Director vacancies and (iv) proposed the name changes that it dealer. For instance, the proposed appointment of committees is being would later amend the Certificate to changes continue to include a process modified, the substantive practices of reflect the new name in the title and by which Exchange members can the Exchange will remain the same. For signature line and the Exchange is directly petition and vote for example, the sole stockholder will be seeking to do so now. The Exchange representation on the Board. bound to nominate and elect the The Exchange believes eliminating also proposes to make clarifying Representative Directors nominees the exchange-level N&G Committee amendments and cite to the applicable recommended by the Representative allows the Exchange to eliminate a provisions of the General Corporation Director Nominating Body or, in the board committee whose core Law of the State of Delaware in event of a petition candidate, the responsibilities can be adequately connection with the proposed Representative Director nominees who handled by its sole stockholder or restatement and amendment. receive the most votes pursuant to a Board, as applicable. The Exchange 2. Statutory Basis believes the elimination of this board Run-off Election. The Exchange believes the proposed committee will streamline, make more Lastly, the Exchange believes the rule change is consistent with the efficient, and improve the Exchange’s clarifying changes to the Exchange’s Securities Exchange Act of 1934 (the governance structure and allow Certificate, including updating the ‘‘Act’’) and the rules and regulations directors of the Exchange to continue to Exchange’s name in the title and thereunder applicable to the Exchange focus their attention on matters within signature line, allows the Exchange to and, in particular, the requirements of the purview of the Exchange’s Board comply with Delaware law and reduce Section 6(b) of the Act.8 Specifically, including its orderly discharge of potential confusion. The alleviation of the Exchange believes the proposed rule regulatory duties to prevent fraudulent confusion removes impediments to, and change is consistent with the Section and manipulative acts and practices, to perfects the mechanism for a free and 6(b)(5) 9 requirements that the rules of promote just and equitable principles of open market and a national market an exchange be designed to prevent trade, to foster cooperation and system, and, in general, protects fraudulent and manipulative acts and coordination with persons engaged in investors and the public interest of practices, to promote just and equitable regulating, clearing, settling, processing market participants. principles of trade, to foster cooperation information with respect to, and and coordination with persons engaged facilitating transactions in securities, to 12 See Section 3.02 of the Amended and Restated in regulating, clearing, settling, remove impediments to and perfect the NYSE Arca, Inc. Bylaws. 13 See e.g., Eleventh Amended and Restated Operating Agreement of New York Stock Exchange, 8 15 U.S.C. 78f(b). 10 Id. LLC, Section 2.03(h) and By-Laws of Nasdaq Phlx 9 15 U.S.C. 78f(b)(5). 11 15 U.S.C. 78f(b)(3). LLC, Section 5–3.

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The Exchange believes the proposed All submissions should refer to File (‘‘Act’’),1 and Rule 19b–4 thereunder,2 changes do not affect the meaning, Number SR–CboeEDGA–2017–001. This notice is hereby given that on November administration, or enforcement of any file number should be included on the 13, 2017, Nasdaq GEMX, LLC (‘‘GEMX’’ rules of the Exchange or the rights, subject line if email is used. To help the or ‘‘Exchange’’) filed with the Securities obligations, or privileges of Exchange Commission process and review your and Exchange Commission members or their associated persons in comments more efficiently, please use (‘‘Commission’’) the proposed rule any way. only one method. The Commission will change as described in Items I and II, B. Self-Regulatory Organization’s post all comments on the Commission’s below, which Items have been prepared Statement on Burden on Competition Internet Web site (http://www.sec.gov/ by the Exchange. The Commission is rules/sro.shtml). Copies of the publishing this notice to solicit The Exchange does not believe the submission, all subsequent comments on the proposed rule change proposed rule change will impose any amendments, all written statements from interested persons. burden on competition not necessary or with respect to the proposed rule I. Self-Regulatory Organization’s appropriate in furtherance of the change that are filed with the Statement of the Terms of Substance of purposes of the Act. The proposed rule Commission, and all written the Proposed Rule Change change relates to the corporate communications relating to the governance of the Exchange and not the proposed rule change between the The Exchange proposes to amend operations of the Exchange. This is not Commission and any person, other than Rule 713 to delete Supplementary a competitive filing and, therefore, those that may be withheld from the Material .02, which no longer is imposes no burden on competition. public in accordance with the applicable. C. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be The text of the proposed rule change Statement on Comments on the available for Web site viewing and is available on the Exchange’s Web site Proposed Rule Change Received From printing in the Commission’s Public at www.ise.com, at the principal office Members, Participants, or Others Reference Room, 100 F Street NE., of the Exchange, and at the Commission’s Public Reference Room. The Exchange neither solicited nor Washington, DC 20549, on official received comments on the proposed business days between the hours of II. Self-Regulatory Organization’s rule change. 10:00 a.m. and 3:00 p.m. Copies of the Statement of the Purpose of, and filing also will be available for Statutory Basis for, the Proposed Rule III. Date of Effectiveness of the inspection and copying at the principal Change Proposed Rule Change and Timing for office of the Exchange. All comments Commission Action received will be posted without change. In its filing with the Commission, the Within 45 days of the date of Persons submitting comments are Exchange included statements publication of this notice in the Federal cautioned that we do not redact or edit concerning the purpose of and basis for Register or within such longer period personal identifying information from the proposed rule change and discussed up to 90 days (i) as the Commission may comment submissions. You should any comments it received on the designate if it finds such longer period submit only information that you wish proposed rule change. The text of these to be appropriate and publishes its to make available publicly. All statements may be examined at the reasons for so finding or (ii) as to which submissions should refer to File places specified in Item IV below. The the Exchange consents, the Commission Number SR–CboeEDGA–2017–001, and Exchange has prepared summaries, set will: should be submitted on or before forth in sections A, B, and C below, of A. By order approve or disapprove December 12, 2017. the most significant aspects of such statements. such proposed rule change, or For the Commission, by the Division of B. institute proceedings to determine Trading and Markets, pursuant to delegated A. Self-Regulatory Organization’s whether the proposed rule change authority.14 Statement of the Purpose of, and the should be disapproved. Eduardo A. Aleman, Statutory Basis for, the Proposed Rule IV. Solicitation of Comments Assistant Secretary. Change Interested persons are invited to [FR Doc. 2017–25469 Filed 11–24–17; 8:45 am] 1. Purpose submit written data, views, and BILLING CODE 8011–01–P The Exchange previously filed a rule arguments concerning the foregoing, change to amend the All-Or-None Order including whether the proposed rule so that it may only be entered into the change is consistent with the Act. SECURITIES AND EXCHANGE trading system with a time-in-force Comments may be submitted by any of COMMISSION designation of Immediate-Or-Cancel.3 the following methods: Previously, an All-Or-None Order was a Electronic Comments [Release No. 34–82128; File No. SR–GEMX– limit or market order that is to be 2017–51] • Use the Commission’s Internet executed in its entirety or not at all. It was designated as a market or limit comment form (http://www.sec.gov/ Self-Regulatory Organizations; Nasdaq rules/sro.shtml); or order with any time-in-force • GEMX, LLC; Notice of Filing and designation. The Exchange filed to limit Send an email to rule-comments@ Immediate Effectiveness of Proposed sec.gov. Please include File Number SR– All-Or-None Orders to only be accepted Rule Change Relating to All-Or-None with a time-in-force designation of CboeEDGA–2017–001 on the subject Orders line. November 20, 2017. 1 15 U.S.C. 78s(b)(1). Paper Comments 2 17 CFR 240.19b–4. • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the 3 See Securities Exchange Act Release No. 80102 Securities Exchange Act of 1934 (February 24, 2017), 82 FR 12381 (March 2, 2017) to Secretary, Securities and Exchange (SR–ISEGemini-2017–08) (Notice of Filing and Commission, 100 F Street NE., Immediate Effectiveness of Proposed Rule Change Washington, DC 20549–1090. 14 17 CFR 200.30–3(a)(12). Related to All-or-None Orders).

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Immediate-Or-Cancel.4 Today, an protection of investors or the public including whether the proposed rule Immediate-Or-Cancel Order is a limit interest; (ii) impose any significant change is consistent with the Act. order that is to be executed in whole or burden on competition; and (iii) become Comments may be submitted by any of in part upon receipt. Any portion not so operative for 30 days from the date on the following methods: executed is to be treated as cancelled. At which it was filed, or such shorter time Electronic Comments that time, the Exchange also proposed to as the Commission may designate if amend Supplementary Material .02 to consistent with the protection of • Use the Commission’s Internet Rule 713 to make clear that All-Or-None investors and the public interest, the comment form (http://www.sec.gov/ Orders will only be accepted with a proposed rule change has become rules/sro.shtml); or time-in-force designation of Immediate- effective pursuant to Section 19(b)(3)(A) • Send an email to rule-comments@ Or-Cancel and, therefore, would not of the Act 8 and Rule 19b–4(f)(6) sec.gov. Please include File Number SR– persist in the Order Book.5 thereunder.9 GEMX–2017–51 on the subject line. The Exchange proposes at this time to A proposed rule change filed under Paper Comments remove Supplementary Material .02 to Rule 19b–4(f)(6) 10 normally does not Rule 713 as unnecessary as All-Or-None become operative for 30 days after the • Send paper comments in triplicate Orders do not rest on the Order Book. date of filing. However, pursuant to to Secretary, Securities and Exchange Rule 19b–4(f)(6)(iii),11 the Commission Commission, 100 F Street NE., 2. Statutory Basis may designate a shorter time if such Washington, DC 20549–1090. The Exchange believes that its action is consistent with the protection All submissions should refer to File proposal is consistent with Section 6(b) of investors and the public interest. The Number SR–GEMX–2017–51. This file of the Act,6 in general, and furthers the Exchange has asked the Commission to number should be included on the objectives of Section 6(b)(5) of the Act,7 waive the 30-day operative delay so that subject line if email is used. To help the in particular, in that it is designed to the proposal may become operative Commission process and review your promote just and equitable principles of immediately upon filing. The comments more efficiently, please use trade, to remove impediments to and Commission believes that waiving the only one method. The Commission will perfect the mechanism of a free and 30-day operative delay is consistent post all comments on the Commission’s open market and a national market with the protection of investors and the Internet Web site (http://www.sec.gov/ system, and, in general to protect public interest as it will allow the rules/sro.shtml). Copies of the investors and the public interest Exchange to immediately delete submission, all subsequent because the current notation in unnecessary rule text which may amendments, all written statements Supplementary Material .02 to Rule 713 minimize potential investor confusion. with respect to the proposed rule is confusing and unnecessary. All-Or- Accordingly, the Commission hereby change that are filed with the None Orders do not rest on the order waives the 30-day operative delay Commission, and all written book and do not allocate differently requirement and designates the communications relating to the than any other incoming order therefore proposed rule change as operative upon proposed rule change between the no specific mention of this order type is filing.12 Commission and any person, other than necessary for Rule 713 which discusses At any time within 60 days of the those that may be withheld from the priority. filing of the proposed rule change, the public in accordance with the B. Self-Regulatory Organization’s Commission summarily may provisions of 5 U.S.C. 552, will be Statement on Burden on Competition temporarily suspend such rule change if available for Web site viewing and it appears to the Commission that such The Exchange does not believe that printing in the Commission’s Public action is necessary or appropriate in the Reference Room, 100 F Street NE., the proposed rule change will impose public interest, for the protection of any burden on competition not Washington, DC 20549, on official investors, or otherwise in furtherance of business days between the hours of necessary or appropriate in furtherance the purposes of the Act. If the of the purposes of the Act. This 10:00 a.m. and 3:00 p.m. Copies of the Commission takes such action, the filing also will be available for proposal seeks to delete rule text which Commission shall institute proceedings is unnecessary and may lead to inspection and copying at the principal to determine whether the proposed rule office of the Exchange. All comments confusion. All-Or-None Orders do not should be approved or disapproved. rest on the order book and do not received will be posted without change. allocate differently than any other IV. Solicitation of Comments Persons submitting comments are incoming order. Interested persons are invited to cautioned that we do not redact or edit personal identifying information from C. Self-Regulatory Organization’s submit written data, views, and arguments concerning the foregoing, comment submissions. You should Statement on Comments on the submit only information that you wish Proposed Rule Change Received From 8 to make available publicly. All Members, Participants, or Others 15 U.S.C. 78s(b)(3)(A). 9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– submissions should refer to File No written comments were either 4(f)(6)(iii) requires the Exchange to give the Number SR–GEMX–2017–51, and solicited or received. Commission written notice of the Exchange’s intent should be submitted on or before to file the proposed rule change, along with a brief December 18, 2017. III. Date of Effectiveness of the description and text of the proposed rule change, Proposed Rule Change and Timing for at least five business days prior to the date of filing For the Commission, by the Division of of the proposed rule change, or such shorter time Commission Action Trading and Markets, pursuant to delegated as designated by the Commission. The Exchange authority.13 Because the proposed rule change has satisfied this requirement. 10 Eduardo A. Aleman, does not (i) significantly affect the 17 CFR 240.19b–4(f)(6). 11 17 CFR 240.19b–4(f)(6)(iii). Assistant Secretary. 12 For purposes only of waiving the 30-day 4 [FR Doc. 2017–25472 Filed 11–24–17; 8:45 am] Id. operative delay, the Commission has also 5 Id. considered the proposed rule’s impact on BILLING CODE 8011–01–P 6 15 U.S.C. 78f(b). efficiency, competition, and capital formation. See 7 15 U.S.C. 78f(b)(5). 15 U.S.C. 78c(f). 13 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE designation of Immediate-Or-Cancel.3 allocate differently than any other COMMISSION Previously, an All-Or-None Order was a incoming order. limit or market order that is to be [Release No. 34–82129; File No. SR–MRX– C. Self-Regulatory Organization’s executed in its entirety or not at all. It 2017–24] Statement on Comments on the was designated as a market or limit Proposed Rule Change Received From Self-Regulatory Organizations; Nasdaq order with any time-in-force Members, Participants, or Others MRX, LLC; Notice of Filing and designation. The Exchange filed to limit Immediate Effectiveness of Proposed All-Or-None Orders to only be accepted No written comments were either Rule Change Relating to All-Or-None with a time-in-force designation of solicited or received. Orders Immediate-Or-Cancel.4 Today, an III. Date of Effectiveness of the Immediate-Or-Cancel Order is a limit Proposed Rule Change and Timing for November 20, 2017. order that is to be executed in whole or Commission Action Pursuant to Section 19(b)(1) of the in part upon receipt. Any portion not so Because the proposed rule change Securities Exchange Act of 1934 executed is to be treated as cancelled. At 1 2 does not (i) significantly affect the (‘‘Act’’), and Rule 19b–4 thereunder, that time, the Exchange also proposed to protection of investors or the public notice is hereby given that on November amend Supplementary Material .02 to interest; (ii) impose any significant 13, 2017, Nasdaq MRX, LLC (‘‘MRX’’ or Rule 713 to make clear that All-Or-None burden on competition; and (iii) become ‘‘Exchange’’) filed with the Securities Orders will only be accepted with a operative for 30 days from the date on and Exchange Commission time-in-force designation of Immediate- which it was filed, or such shorter time (‘‘Commission’’) the proposed rule Or-Cancel and, therefore, would not change as described in Items I and II, 5 as the Commission may designate if persist in the Order Book. consistent with the protection of below, which Items have been prepared The Exchange proposes at this time to investors and the public interest, the by the Exchange. The Commission is remove Supplementary Material .02 to proposed rule change has become publishing this notice to solicit Rule 713 as unnecessary as All-Or-None effective pursuant to Section 19(b)(3)(A) comments on the proposed rule change Orders do not rest on the Order Book. from interested persons. of the Act 8 and Rule 19b–4(f)(6) 2. Statutory Basis thereunder.9 I. Self-Regulatory Organization’s A proposed rule change filed under The Exchange believes that its Statement of the Terms of Substance of Rule 19b–4(f)(6) 10 normally does not proposal is consistent with Section 6(b) the Proposed Rule Change become operative for 30 days after the of the Act,6 in general, and furthers the date of filing. However, pursuant to The Exchange proposes to amend objectives of Section 6(b)(5) of the Act,7 Rule 19b–4(f)(6)(iii),11 the Commission Rule 713 to delete Supplementary in particular, in that it is designed to may designate a shorter time if such Material .02, which no longer is promote just and equitable principles of action is consistent with the protection applicable. trade, to remove impediments to and The text of the proposed rule change of investors and the public interest. The perfect the mechanism of a free and is available on the Exchange’s Web site Exchange has asked the Commission to open market and a national market at www.ise.com, at the principal office waive the 30-day operative delay so that system, and, in general to protect of the Exchange, and at the the proposal may become operative investors and the public interest Commission’s Public Reference Room. immediately upon filing. The because the current notation in Commission believes that waiving the II. Self-Regulatory Organization’s Supplementary Material .02 to Rule 713 30-day operative delay is consistent Statement of the Purpose of, and is confusing and unnecessary. All-Or- with the protection of investors and the Statutory Basis for, the Proposed Rule None Orders do not rest on the order public interest as it will allow the Change book and do not allocate differently Exchange to immediately delete In its filing with the Commission, the than any other incoming order therefore unnecessary rule text which may Exchange included statements no specific mention of this order type is minimize potential investor confusion. concerning the purpose of and basis for necessary for Rule 713 which discusses Accordingly, the Commission hereby the proposed rule change and discussed priority. waives the 30-day operative delay any comments it received on the B. Self-Regulatory Organization’s requirement and designates the proposed rule change. The text of these Statement on Burden on Competition proposed rule change as operative upon statements may be examined at the filing.12 places specified in Item IV below. The The Exchange does not believe that At any time within 60 days of the Exchange has prepared summaries, set the proposed rule change will impose filing of the proposed rule change, the forth in sections A, B, and C below, of any burden on competition not Commission summarily may the most significant aspects of such necessary or appropriate in furtherance of the purposes of the Act. This statements. 8 15 U.S.C. 78s(b)(3)(A). proposal seeks to delete rule text which 9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– A. Self-Regulatory Organization’s is unnecessary and may lead to 4(f)(6)(iii) requires the Exchange to give the Statement of the Purpose of, and the confusion. All-Or-None Orders do not Commission written notice of the Exchange’s intent Statutory Basis for, the Proposed Rule rest on the order book and do not to file the proposed rule change, along with a brief description and text of the proposed rule change, Change at least five business days prior to the date of filing 3 1. Purpose See Securities Exchange Act Release No. 81204 of the proposed rule change, or such shorter time (July 25, 2017), 82 FR 35557 (June 31, 2017) (SR– as designated by the Commission. The Exchange The Exchange previously filed a rule MRX–2017–02)(Order Approving Proposed Rule has satisfied this requirement. change to amend the All-Or-None Order Change To Amend Various Rules in Connection 10 17 CFR 240.19b–4(f)(6). With a System Migration to Nasdaq INET 11 17 CFR 240.19b–4(f)(6)(iii). so that it may only be entered into the Technology). 12 For purposes only of waiving the 30-day trading system with a time-in-force 4 Id. operative delay, the Commission has also 5 Id. considered the proposed rule’s impact on 1 15 U.S.C. 78s(b)(1). 6 15 U.S.C. 78f(b). efficiency, competition, and capital formation. See 2 17 CFR 240.19b–4. 7 15 U.S.C. 78f(b)(5). 15 U.S.C. 78c(f).

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temporarily suspend such rule change if to make available publicly. All II. Self-Regulatory Organization’s it appears to the Commission that such submissions should refer to File Statement of the Purpose of, and action is necessary or appropriate in the Number SR–MRX–2017–24, and should Statutory Basis for, the Proposed Rule public interest, for the protection of be submitted on or before December 18, Change investors, or otherwise in furtherance of 2017. In its filing with the Commission, the the purposes of the Act. If the For the Commission, by the Division of Exchange included statements Commission takes such action, the concerning the purpose of and basis for Commission shall institute proceedings Trading and Markets, pursuant to delegated 13 the proposed rule change and discussed to determine whether the proposed rule authority. Eduardo A. Aleman, any comments it received on the should be approved or disapproved. proposed rule change. The text of these Assistant Secretary. IV. Solicitation of Comments statements may be examined at the [FR Doc. 2017–25473 Filed 11–24–17; 8:45 am] places specified in Item IV below. The Interested persons are invited to BILLING CODE 8011–01–P Exchange has prepared summaries, set submit written data, views, and forth in sections A, B, and C below, of arguments concerning the foregoing, the most significant aspects of such including whether the proposed rule SECURITIES AND EXCHANGE statements. change is consistent with the Act. COMMISSION Comments may be submitted by any of A. Self-Regulatory Organization’s the following methods: Statement of the Purpose of, and the [Release No. 34–82119; File No. SR–CBOE– Electronic Comments Statutory Basis for, the Proposed Rule 2017–072] Change • Use the Commission’s Internet comment form (http://www.sec.gov/ Self-Regulatory Organizations; Cboe 1. Purpose rules/sro.shtml); or Exchange, Inc.; Notice of Filing of a The Exchange proposes to amend its • Send an email to rule-comments@ Proposed Rule Change Relating to Its Bylaws, Certificate and Rules. sec.gov. Please include File Number SR– Nominating and Governance Specifically the Exchange proposes to MRX–2017–24 on the subject line. Committee and Regulatory Oversight eliminate its Nominating and and Compliance Committee Paper Comments Governance Committee (‘‘N&G • Committee’’), as well as amend the Send paper comments in triplicate November 20, 2017. process by which (i) directors are to Secretary, Securities and Exchange Pursuant to Section 19(b)(1) of the elected, (ii) committee appointments are Commission, 100 F Street NE., Securities Exchange Act of 1934 (the made and (iii) vacancies are filled. Washington, DC 20549–1090. ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Additionally, the Exchange proposes to All submissions should refer to File notice is hereby given that on November amend the name of the Regulatory Number SR–MRX–2017–24. This file 15, 2017, Cboe Exchange, Inc. (the Oversight and Compliance Committee number should be included on the ‘‘Exchange’’ or ‘‘Cboe Options’’) filed (‘‘ROCC’’) and make other technical, subject line if email is used. To help the with the Securities and Exchange non-substantive changes. Commission process and review your Commission (the ‘‘Commission’’) the comments more efficiently, please use Elimination of Nominating and only one method. The Commission will proposed rule change as described in Governance Committee Items I, II, and III below, which Items post all comments on the Commission’s (a) Nomination of Directors Internet Web site (http://www.sec.gov/ have been prepared by the Exchange. The Commission is publishing this By way of background, Section 4.3 of rules/sro.shtml). Copies of the the Bylaws provides, among other submission, all subsequent notice to solicit comments on the proposed rule change from interested things, that the Exchange N&G amendments, all written statements Committee shall consist of at least five with respect to the proposed rule persons. directors that are majority Non-Industry change that are filed with the I. Self-Regulatory Organization’s Directors and are appointed by the Commission, and all written Statement of the Terms of Substance of Board on the recommendation of the communications relating to the the Proposed Rule Change N&G Committee. Section 4.3 of the proposed rule change between the Bylaws also provides that the N&G Commission and any person, other than The Exchange proposes to amend its Committee shall have the authority to those that may be withheld from the governance documents and rules with nominate individuals for election as public in accordance with the respect to changes relating to its director directors of the Corporation and such provisions of 5 U.S.C. 552, will be nomination and committee appointment other duties as prescribed by resolution available for Web site viewing and process, its Nominating and Governance of the Board.3 Additionally, if the N&G printing in the Commission’s Public Committee and its Regulatory Oversight Committee has two or more Industry Reference Room, 100 F Street NE., and Compliance Committee. Directors, those Industry Directors shall Washington, DC 20549, on official act as the Representative Director business days between the hours of The text of the proposed rule change Nominating Body, which body is 10:00 a.m. and 3:00 p.m. Copies of the is also available on the Exchange’s Web responsible for the nomination of the filing also will be available for site (http://www.cboe.com/AboutCBOE/ Representative Directors. If however, inspection and copying at the principal CBOELegalRegulatoryHome.aspx), at there are less than two Industry office of the Exchange. All comments the Exchange’s Office of the Secretary, Directors on the N&G Committee, then received will be posted without change. and at the Commission’s Public the Trading Permit Holder Persons submitting comments are Reference Room. Subcommittee of the Advisory Board cautioned that we do not redact or edit 13 personal identifying information from 17 CFR 200.30–3(a)(12). 3 Article Fifth, subparagraph (c) of the Certificate comment submissions. You should 1 15 U.S.C. 78s(b)(1). also provides that the N&G Committee nominates submit only information that you wish 2 17 CFR 240.19b–4. persons for election as directors.

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shall act as the Representative Director pursuant to a Run-off Election. Lastly, as Filling of Director Vacancies 4 Nominating Body. The N&G Committee the N&G Committee is being eliminated, Next, the Exchange proposes to is bound to accept and nominate the the Exchange proposes to amend amend the process to fill Director Representative Director nominees Section 3.1 of the Bylaws to provide that vacancies. Currently, Sections 3.4 of the recommended by the Representative the Board, instead of the N&G Bylaws provides that in the event any Director Nominating Body or, in the Committee, is responsible for Industry Director or Non-Industry event of a petition candidate, the determining whether a director Director fails to maintain the Representative Director nominees who candidate satisfies the applicable qualifications required for such category receive the most votes pursuant to a qualifications for election as a director, 5 of director, his office shall become Run-off Election. Pursuant to Section and the decision of the Board, is final. vacant and the vacancy may be filled by 3.1 of the Bylaws, the N&G Committee There are no other changes with respect the Board with a person who qualifies is also responsible for determining to the process for the nomination and for the category in which the vacancy whether a director candidate satisfies selection of Representative Directors. exists. If a director is determined to the applicable qualifications for election The Exchange notes that it believes that have requalified, Section 3.4 provides as a director, and the decision of the the proposed changes continue to give the Board, in its sole discretion, may fill N&G Committee, subject to review, if Exchange members a voice in the an existing vacancy in the Board or may any, by the Board, is final. The Exchange first proposes to Exchange’s use of self-regulatory increase the size of the Board, as eliminate its N&G Committee and authority. necessary, to appoint such director to the Board; provided, however, that the amend the process by which Directors (b) Committee Appointments are nominated and elected. Specifically, Board shall be under no obligation to the Exchange proposes to provide that The N&G Committee is also currently return such director to the Board. the sole stockholder of the exchange responsible for recommending to the Section 3.5 of the Bylaws also shall nominate and elect directors for Board of Directors appointments to provides that a vacancy on the Board nomination at the annual meeting of the certain Committees. Specifically, may be filled by a vote of majority of the stockholder, except with respect to fair- Section 4.2 and Section 6.1 of the Directors then in office, or by the sole representation directors Bylaws provides that the members of remaining Director, so long as the (‘‘Representative Directors’’) as the Executive Committee and Advisory elected Director qualifies for the described below. The Exchange notes Board, respectively, be recommended by position. Additionally, for vacancies of Representative Directors, the that another Exchange similarly does the N&G Committee for approval by the Representative Director Nominating not maintain an exchange-level Board. Pursuant to Section 4.4 of the Body will recommend an individual to nominating committee and instead Bylaws, members of the ROCC are be elected, or provide a list of provides that the sole stockholder of the recommended by the Non-Industry recommended individuals, and the Exchange nominates and elects their Directors on the N&G Committee for non-fair representation Directors.6 With position shall be filled by the vote of a approval by the Board. Lastly, Exchange majority of the Directors then in office. respect to the nomination of Rule 2.1 provides that the N&G Representative Directors, the Exchange Consistent with the proposal to have the Committee, with the approval of the sole stockholder nominate and elect proposes to amend the definition of Board, appoints the Chairman, Vice ‘‘Representative Director Nominating directors to the Board (and to be bound Chairman (if any) and members of the to accept and elect the Representative Body’’ and provide that if the Board has Business Conduct Committee (‘‘BCC’’) two or more Industry Directors, Director Nominating Body’s and fills vacancies on the BCC. excluding directors that are exchange nominee(s)), the Exchange wishes to employees, those Industry Directors In light of the elimination of the N&G provide that the sole stockholder, shall act as the Representative Director Committee, the Exchange proposes to instead of the Board, will also have the Nominating Body. Additionally, similar eliminate references to the N&G ability to fill the above described to today’s practice, if there are less than Committee with respect to committee Director vacancies. two Industry Directors on the Board appointments and transfer the N&G’s Regulatory Oversight and Compliance (excluding directors that are employees current authority to the Board (or Committee Changes of the Exchange), then the Trading appropriate subcommittee of the Board). Permit Holder Subcommittee of the Specifically the Exchange proposes that The Exchange proposes to change the Advisory Board shall act as the members of the Executive Committee name of the ‘‘Regulatory Oversight and Representative Director Nominating and Advisory Board be appointed by the Compliance Committee’’ (‘‘ROCC’’) to Body. The Bylaws and Certificate will Board and members of the ROCC be the ‘‘Regulatory Oversight Committee’’ also be amended to provide that the sole appointed by the Board on the (‘‘ROC’’). The Exchange notes that there stockholder is bound to nominate and recommendation of the Non-Industry may be overlap and duplication of elect the Representative Directors Directors of the Board. Additionally, the reports from the Compliance nominees recommended by the Exchange proposes that the Board Department to the parent company Representative Director Nominating appoint the Chairman, Vice Chairman Audit Committee and the Exchange Body or, in the event of a petition (if any) and members to the BCC and ROCC. To address this issue, going candidate, the Representative Director fills vacancies on the BCC. The forward, the Cboe Global Markets Audit Committee will be the ‘‘go to’’ Board nominees who receive the most votes Exchange notes that Boards of other committee for reports from the Chief Exchanges also have authority to 4 Compliance Officer (‘‘CCO’’) related to See Sections 1.1(k) and 4.3 of the Bylaws. appoint Board and non-Board Section 3.2 of the Bylaws sets forth a detailed compliance matters. As such, the Committees.7 process for the nomination and selection of fair Exchange proposes to drop the reference representation directors for the Board of Directors. of ‘‘Compliance’’ in ‘‘ROCC’’ in the 5 See Sections 3.1 and 3.2 of the Bylaws and 7 See e.g., Eleventh Amended and Restated Article Fifth, subparagraph (c) of the Certificate. Operating Agreement of New York Stock Exchange, Bylaws and Exchange Rule 17.10. The 6 See Section 3.02 of the Amended and Restated LLC, Section 2.03(h) and By-Laws of Nasdaq Phlx Exchange notes that the reporting NYSE Arca, Inc. Bylaws. LLC, Section 5–3. function of the CCO to the ROC will be

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permissive. The Exchange also notes The Exchange also believes that its without input from a nominating that the regulatory oversight committees proposal is consistent with Section 6(b) committee, appoint members to of its affiliated exchanges does not use of the Act in general, and furthers the committees.15 The Exchange also the term ‘‘Compliance’’ in their objectives of Section 6(b)(1) of the Act believes that since it is being proposed Committees’ name.8 in particular, in that it enables the that the sole stockholder have the Exchange to be so organized as to have Technical, Non-Substantive Changes authority to nominate (and elect) the capacity to be able to carry out the directors to the Board (and accept and Lastly, the Exchange proposes to purposes of the Act and to comply, and elect Representative Director nominees), change the Exchange’s name in the title to enforce compliance by its exchange it is also consistent to transfer the and signature line in its Certificate from members and persons associated with authority to fill director vacancies from ‘‘Chicago Board Options Exchange, its exchange members, with the the Board to the sole stockholder. Incorporated’’ to ‘‘Cboe Exchange, Inc.’’ provisions of the Act, the rules and The Exchange notes that it recently regulations thereunder, and the rules of The Exchange importantly notes that changed its legal name, but was unable the Exchange. The Exchange also it is not proposing to amend any of the to update the Exchange’s name in the believes that this proposal furthers the compositional requirements currently title or signature line in its Certificate as objectives of Section 6(b)(3) 13 of the Act set forth in the Bylaws and that the name changes were not effective in particular, in that it is designed to notwithstanding the proposed changes, until the Exchange, as previously assure a fair representation of Exchange existing compositional requirements of named, filed the proposed changes in Members in the selection of its directors the Exchange will still be required to be Delaware. The Exchange had noted in and administration of its affairs and satisfied, including the provision the filing that proposed the name provide that one or more directors relating to the fair representation of changes that it would later amend the would be representative of issuers and members. While the delegation of the Certificate to reflect the new name in investors and not be associated with a authority relating to the (i) nomination the title and signature line and the member of the exchange, broker, or and election of directors, (ii) nominating Exchange is seeking to do so now. dealer. For instance, the proposed body for Representative Directors, (iii) Pursuant to Delaware law, the Exchange changes continue to include a process filling of Director vacancies and (iv) is also adding a reference to its original by which Exchange members can appointment of committees is being name in the introductory paragraph of directly petition and vote for modified, the substantive practices of the Certificate.9 representation on the Board. the Exchange will remain the same. For The Exchange believes eliminating 2. Statutory Basis example, the sole stockholder will be the exchange-level N&G Committee bound to nominate and elect the The Exchange believes the proposed allows the Exchange to eliminate a Representative Directors nominees rule change is consistent with the board committee whose core recommended by the Representative Securities Exchange Act of 1934 (the responsibilities can be adequately Director Nominating Body or, in the ‘‘Act’’) and the rules and regulations handled by its sole stockholder or event of a petition candidate, the thereunder applicable to the Exchange Board, as applicable. The Exchange Representative Director nominees who and, in particular, the requirements of believes the elimination of this board 10 receive the most votes pursuant to a Section 6(b) of the Act. Specifically, committee will streamline, make more Run-off Election. the Exchange believes the proposed rule efficient, and improve the Exchange’s change is consistent with the Section governance structure and allow The Exchange believes eliminating 6(b)(5) 11 requirements that the rules of directors of the Exchange to continue to the reference to ‘‘Compliance’’ in the an exchange be designed to prevent focus their attention on matters within ROCC’s name is appropriate and will fraudulent and manipulative acts and the purview of the Exchange’s board reduce potential confusion given that practices, to promote just and equitable including its orderly discharge of the CCO is no longer required to (but principles of trade, to foster cooperation regulatory duties to prevent fraudulent may) report to the ROCC. The Exchange and coordination with persons engaged and manipulative acts and practices, to notes that the new name is also in regulating, clearing, settling, promote just and equitable principles of consistent with the name of the processing information with respect to, trade, to foster cooperation and regulatory oversight committee of its and facilitating transactions in coordination with persons engaged in affiliated exchanges.16 Lastly, the securities, to remove impediments to regulating, clearing, settling, processing Exchange believes updating the and perfect the mechanism of a free and information with respect to, and Exchange’s name in the title and open market and a national market facilitating transactions in securities, to signature line of its Certificate and system, and, in general, to protect remove impediments to and perfect the adding a reference to its original name investors and the public interest. mechanism of a free and open market in the introductory paragraph of the Additionally, the Exchange believes the and a national market system, and, in Certificate, allows the Exchange to proposed rule change is consistent with general, to protect investors and the comply with Delaware law and reduce the Section 6(b)(5) 12 requirement that public interest. The Exchange also notes potential confusion. The alleviation of the rules of an exchange not be designed that it is not statutorily required to confusion removes impediments to, and to permit unfair discrimination between maintain a standing nominating perfects the mechanism for a free and customers, issuers, brokers, or dealers. committee. Indeed, another Exchange open market and a national market similarly does not do so and instead system, and, in general, protects 8 See Section 4.4 of the Bylaws of Cboe BYX provides that its sole stockholder Exchange, Inc., Cboe BZX Exchange, Inc., Cboe nominates and elects its non-fair 15 See e.g., Eleventh Amended and Restated EDGA Exchange, Inc. and Cboe EDGX Exchange, representation directors.14 Other Operating Agreement of New York Stock Exchange, Inc. LLC, Section 2.03(h) and By-Laws of Nasdaq Phlx 9 See Section 245(c) of the Delaware General Exchanges also provide that their Board, LLC, Section 5–3. Corporation Law (DGCL). 16 See Section 4.4 of the Bylaws of Cboe BYX 10 15 U.S.C. 78f(b). 13 15 U.S.C. 78f(b)(3). Exchange, Inc., Cboe BZX Exchange, Inc., Cboe 11 15 U.S.C. 78f(b)(5). 14 See Section 3.02 of the Amended and Restated EDGA Exchange, Inc. and Cboe EDGX Exchange, 12 Id. NYSE Arca, Inc. Bylaws. Inc.

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investors and the public interest of Commission, 100 F Street NE., Rule 236 market participants. Washington, DC 20549–1090. Notice is hereby given that, pursuant The Exchange believes the proposed All submissions should refer to File to the Paperwork Reduction Act of 1995 changes do not affect the meaning, Number SR–CBOE–2017–072. This file (44 U.S.C. 3501 et seq.), the Securities administration, or enforcement of any number should be included on the and Exchange Commission rules of the Exchange or the rights, subject line if email is used. To help the (‘‘Commission’’) has submitted to the obligations, or privileges of Exchange Commission process and review your Office of Management and Budget this members or their associated persons is comments more efficiently, please use request for extension of the previously any way. only one method. The Commission will approved collection of information B. Self-Regulatory Organization’s post all comments on the Commission’s discussed below. Statement on Burden on Competition Internet Web site (http://www.sec.gov/ Rule 236 (17 CFR 230.236) under the rules/sro.shtml). Copies of the Securities Act of 1933 (15 U.S.C. 77a et The Exchange does not believe the submission, all subsequent seq.) (‘‘Securities Act’’) provides an proposed rule change will impose any amendments, all written statements exemption from registration under the burden on competition not necessary or with respect to the proposed rule Securities Act for the offering of shares appropriate in furtherance of the change that are filed with the of stock or similar securities to provide purposes of the Act. The proposed rule Commission, and all written funds to be distributed to security change relates to the corporate communications relating to the holders in lieu of fractional shares, scrip governance of the Exchange and not the proposed rule change between the certificates or order forms, in operations of the Exchange. This is not Commission and any person, other than connection with a stock dividend, stock a competitive filing and, therefore, those that may be withheld from the split, reverse stock split, conversion, imposes no burden on competition. public in accordance with the merger or similar transaction. Issuers C. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be wishing to rely upon the exemption are Statement on Comments on the available for Web site viewing and required to furnish specified Proposed Rule Change Received From printing in the Commission’s Public information to the Commission at least Members, Participants, or Others Reference Room, 100 F Street NE., 10 days prior to the offering. The Washington, DC 20549, on official The Exchange neither solicited nor information is needed to provide notice business days between the hours of that the issuer is relying on the received comments on the proposed 10:00 a.m. and 3:00 p.m. Copies of the rule change. exemption. Public companies are the filing also will be available for likely respondents. All information III. Date of Effectiveness of the inspection and copying at the principal provided to the Commission is available Proposed Rule Change and Timing for office of the Exchange. All comments to the public for review upon request. Commission Action received will be posted without change. Approximately 10 respondents file the Persons submitting comments are Within 45 days of the date of information required by Rule 236 at an cautioned that we do not redact or edit publication of this notice in the Federal estimated 1.5 hours per response for a personal identifying information from Register or within such longer period total annual reporting burden of 15 comment submissions. You should up to 90 days (i) as the Commission may hours (1.5 hours per response × 10 submit only information that you wish designate if it finds such longer period responses). to make available publicly. All to be appropriate and publishes its An agency may not conduct or submissions should refer to File reasons for so finding or (ii) as to which sponsor, and a person is not required to Number SR–CBOE–2017–072, and the Exchange consents, the Commission respond to, a collection of information should be submitted on or before will: unless it displays a currently valid December 12, 2017. A. By order approve or disapprove control number. such proposed rule change, or For the Commission, by the Division of The public may view the background B. institute proceedings to determine Trading and Markets, pursuant to delegated documentation for this information 17 whether the proposed rule change authority. collection at the following Web site, should be disapproved. Eduardo A. Aleman, www.reginfo.gov. Comments should be Assistant Secretary. directed to: (i) Desk Officer for the IV. Solicitation of Comments [FR Doc. 2017–25465 Filed 11–24–17; 8:45 am] Securities and Exchange Commission, Interested persons are invited to BILLING CODE 8011–01–P Office of Information and Regulatory submit written data, views, and Affairs, Office of Management and arguments concerning the foregoing, Budget, Room 10102, New Executive including whether the proposed rule SECURITIES AND EXCHANGE Office Building, Washington, DC 20503, change is consistent with the Act. COMMISSION or by sending an email to: Shagufta_ Comments may be submitted by any of [SEC File No. 270–118, OMB Control No. [email protected]; and (ii) Pamela the following methods: 3235–0095] Dyson, Director/Chief Information Officer, Securities and Exchange Electronic Comments Submission for OMB Review; Commission, c/o Remi Pavlik-Simon, • Use the Commission’s Internet Comment Request 100 F Street NE., Washington, DC 20549 comment form (http://www.sec.gov/ or send an email to: PRA_Mailbox@ Upon Written Request Copies Available rules/sro.shtml); or sec.gov. Comments must be submitted to From: Securities and Exchange • Send an email to rule-comments@ OMB within 30 days of this notice. sec.gov. Please include File Number SR– Commission, Office of FOIA Services, Dated: November 20, 2017. CBOE–2017–072 on the subject line. 100 F Street NE., Washington, DC 20549–2736 Eduardo A. Aleman, Paper Comments Extension: Assistant Secretary. • Send paper comments in triplicate [FR Doc. 2017–25464 Filed 11–24–17; 8:45 am] to Secretary, Securities and Exchange 17 17 CFR 200.30–3(a)(12). BILLING CODE 8011–01–P

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SECURITIES AND EXCHANGE SECURITIES AND EXCHANGE II. Self-Regulatory Organization’s COMMISSION COMMISSION Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Sunshine Act Meetings [Release No. 34–82127; File No. SR–IEX– Change 2017–40] TIME AND DATE: 12:00 p.m. on Friday, In its filing with the Commission, the December 1, 2017. Self-Regulatory Organizations; self-regulatory organization included Investors Exchange LLC; Notice of statements concerning the purpose of PLACE: Closed Commission Hearing Filing and Immediate Effectiveness of and basis for the proposed rule change Room 10800. Proposed Rule Change To Modify Its and discussed any comments it received STATUS: This meeting will be closed to Fee Schedule, Pursuant to IEX Rule on the proposed rule change. The text the public. 15.110(a) and (c), To Adopt Pricing for of these statements may be examined at Orders That Execute in an IEX Auction the places specified in Item IV below. MATTERS TO BE CONSIDERED: for IEX-Listed Securities The self-regulatory organization has Commissioners, Counsel to the prepared summaries, set forth in Commissioners, the Secretary to the November 20, 2017. Sections A, B, and C below, of the most Commission, and recording secretaries Pursuant to Section 19(b)(1) 1 of the significant aspects of such statements. will attend the closed meeting. Certain Securities Exchange Act of 1934 (the A. Self-Regulatory Organization’s staff members who have an interest in ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 Statement of the Purpose of, and the matters also may be present. notice is hereby given that, on (date), Statutory Basis for, the Proposed Rule the Investors Exchange LLC (‘‘IEX’’ or The General Counsel of the Change Commission, or his designee, has the ‘‘Exchange’’) filed with the certified that, in his opinion, one or Securities and Exchange Commission 1. Purpose more of the exemptions set forth in 5 (the ‘‘Commission’’) the proposed rule change as described in Items I, II and III On August 10, 2017, the Commission U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) below, which Items have been prepared approved a proposed rule change by the and 17 CFR 200.402(a)(3), (a)(5), (a)(7), by the self-regulatory organization. The Exchange to adopt rules governing (a)(9)(ii) and (a)(10), permit Commission is publishing this notice to auctions, including dissemination of consideration of the scheduled matters solicit comments on the proposed rule auction-related market data, for at the closed meeting. change from interested persons. securities listed on the Exchange Commissioner Stein, as duty officer, pursuant to Chapter 14 of the IEX Rule I. Self-Regulatory Organization’s voted to consider the items listed for the Book.8 The Exchange proposes to Statement of the Terms of Substance of closed meeting in closed session. update its Fee Schedule, pursuant to the Proposed Rule Change The subject matters of the closed IEX Rule 15.110(a) and (c), to add new meeting will be: Pursuant to the provisions of Section Fee Codes to identify the fees applicable 19(b)(1) under the Securities Exchange to orders that execute in IEX Auctions. Institution and settlement of Act of 1934 (‘‘Act’’),4 and Rule 19b–4 The IEX Auction processes are designed injunctive actions; thereunder,5 IEX is filing with the to maximize participation in the Institution and settlement of Commission a proposed rule change to auctions in order to provide an efficient administrative proceedings; modify its Fee Schedule, pursuant to price discovery process and greater Adjudicatory matter; and IEX Rule 15.110(a) and (c), to adopt opportunity for execution at the official pricing for orders that execute in an IEX auction price. The Exchange believes Other matters relating to enforcement Auction 6 for IEX-listed securities that fees are an important component of proceedings. pursuant to Rule 11.350. Changes to the the IEX Auction processes, in that At times, changes in Commission Fee Schedule pursuant to this proposal execution fees can influence the trading priorities require alterations in the are effective upon filing, and will be behavior of Members by creating scheduling of meeting items. operative once the Exchange begins economic incentives (and disincentives) conducting IEX Auctions in IEX-listed CONTACT PERSON FOR MORE INFORMATION: for Members that participate in IEX securities.7 The text of the proposed For further information and to ascertain Auctions. Thus, the Exchange is rule change is available at the proposing fees that are similarly what, if any, matters have been added, Exchange’s Web site at deleted or postponed; please contact designed to incentivize participation in www.iextrading.com, at the principal IEX Auctions in order to further support Brent J. Fields from the Office of the office of the Exchange, and at the an efficient price discovery process and Secretary at (202) 551–5400. Commission’s Public Reference Room. greater opportunity for execution at the Dated: November 22, 2017. official auction price. 1 Brent J. Fields, 15 U.S.C. 78s(b)(1). The Exchange proposes to apply the 2 15 U.S.C. 78a. Secretary. 3 17 CFR 240.19b–4. following new Fee Codes: [FR Doc. 2017–25701 Filed 11–22–17; 4:15 pm] 4 15 U.S.C. 78s(b)(1). • Executions in the Opening Auction 9 5 BILLING CODE 8011–01–P 17 CRF 240.19b–4. will receive Fee Code ‘‘O’’ 6 IEX Auctions include the daily Opening and Closing Auctions (Rule 11.350(c) and (d), • Executions in the Closing Auction 10 respectively), as well as IPO Auctions related to an will receive Fee Code ‘‘C’’ initial public offering of securities (Rule 11.350(e)), Halt Auctions following a regulatory halt (Rule 11.350(e)), and Volatility Auctions following a 8 See Securities and Exchange Act Release No. trading pause pursuant to the Limit Up-Limit Down 81316 (August 4, 2017), 82 FR 37474 (August 10, Plan (Rule 11.350(f)). 2017) (SR–IEX–2017–10). 7 See IEX Trader Alert #2017–015, available on 9 See Rule 11.350(c). the Exchange public Web site. 10 See Rule 11.350(d).

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• Executions in a Halt Auction 11 or internalization mechanisms, or utilizing execution, the lower fee shall apply.20 Volatility Auction 12 will receive Fee the internalization mechanisms of As with the existing fee structure for Code ‘‘H’’ competing brokers and alternative execution of transactions including • Executions in an IPO Auction 13 will trading systems, and entering only the displayed liquidity, this fee structure is receive Fee Code ‘‘N’’ balance to participate in an IEX designed to incentivize Members to As proposed, non-displayed orders on Auction.16 The Exchange believes send IEX aggressively priced the Continuous Book 14 that are incentivizing broader participation will displayable orders, thereby contributing executed in an IEX Auction will receive increase overall liquidity in the IEX to price discovery leading into IEX the applicable auction Fee Code on their Auctions, and enhance the price Auctions. execution reports and will be subject to discovery process, particularly in the The Exchange notes that the a fee of $0.0003 per share (or 0.30% of Opening and Closing Auctions, which Internalization Fee, Displayed Match total dollar value of the transaction provide a critical price discovery Fee for non-displayed orders that calculated as the execution price mechanism to establish the official remove displayed liquidity,21 and the multiplied by the number of shares opening and closing prices for IEX- exception to the Non-Displayed Match executed in the transaction for shares listed securities at the start and end of Fee for displayable orders that remove executed below $1.00) (the ‘‘Auction each trading day. non-displayed resting interest upon Match Fee’’). Furthermore, all orders on Moreover, orders that were displayed entry,22 are not applicable to IEX the Auction Book 15 that are executed in on the Continuous Book during the Pre- Auctions. IEX Auctions are an an IEX Auction will receive the Market Session 17 or Regular Market aggregated match process where only applicable auction Fee Code on their Session 18 that are executed in the the cumulative volume to buy and sell execution reports and will also be Opening Auction or Closing Auction, at various prices is considered, and thus subject to the Auction Match Fee of respectively, will receive the applicable there is no basis to distinguish between $0.0003 per share (or 0.30% of total auction Fee Code, as well as existing liquidity providers and liquidity dollar value of the transaction Fee Code L (Displayed Match Fee).19 removers, rendering the Internalization calculated as the execution price Thus, such orders will not be charged a Fee, Displayed Match Fee for non- multiplied by the number of shares fee because, pursuant to the IEX Fee displayed orders that remove displayed executed in the transaction for shares Schedule, to the extent a Member liquidity, and the exception to the Non- executed below $1.00). receives multiple Fee Codes on an Displayed Match Fee for displayable The Exchange believes that the orders that remove non-displayed proposed Auction Match Fee for non- 16 See, e.g., Exhibit F of Instinet LLC’s Form ATS, resting interest upon entry, displayed orders on the Continuous which describes its MOC Crosses that match buy inapplicable. and sell orders for certain U.S. equity securities Book and all orders on the Auction marked ‘‘market on close’’. See also, Table 6 in The following table is designed to Book that are executed in an IEX Appendix A of Bats BZX Exchange’s (‘‘Bats’’) illustrate the various Fee Codes and Auction are designed to incentivize response letter from Joanne Moffic-Silver, Executive execution fees that will be applied to participation in IEX Auctions by Vice President, General Counsel, and Corporate Secretary, to Secretary Brent J. Fields, dated August orders that may be executed in an IEX providing a cost-effective execution 2, 2017, in support of the proposed Bats Market Auction: mechanism that offers Members an Close. Table 6 illustrates significant volume in opportunity to receive executions at the shares of FedEx, Proctor & Gamble, and Cardinal 20 See IEX Fee Schedule, Transaction Fees, bullet official opening, re-opening, or closing Health that was executed at the official closing three. The Exchange also notes that there is no price at off exchange venues. See Securities and price of an IEX-listed security. The Continuous Book prior to a Halt, Volatility, or IPO Exchange Act Release No. 80683 (May 16, 2017), 82 auction, and thus no opportunity for a Member to Exchange believes the proposed fees FR 23320 (May 22, 2017) (SR–BatsBZX–2017–34). have a displayed order on the Continuous Book that 17 See Rule 1.160(z). enhance the price discovery process by is executed in such auctions. 18 See Rule 1.160(gg). incentivizing Members to enter interest 21 See supra note 19. 19 The Exchange currently does not charge any fee in IEX-listed securities into IEX 22 to Members for executions on IEX that provide or The Exchange does not charge any fee to Auctions, rather than investing take resting interest with displayed priority (i.e., an Members (on a per MPID basis) for executions on resources into developing and order or portion of a reserve order that is booked IEX that remove resting interest with non-displayed maintaining their own off-exchange and ranked with display priority on the Order Book priority where (i) the liquidity removing order was either as the IEX best bid or best offer (‘‘BBO’’), or displayable (i.e., the order would have booked and at a less aggressive price). This pricing is referred 11 See Rule 11.350(e). displayed if posted to the Order Book), and (ii) on to by the Exchange as ‘‘Displayed Match Fee’’ with 12 See Rule 11.350(f). a monthly basis, at least 90% of the liquidity a Fee Code of ‘L’ provided by the Exchange on removing MPID’s aggregate executions of 13 See Rule 11.350(e). execution reports. See the Investors Exchange Fee displayable orders provided liquidity during such 14 See Rule 11.350(a)(4). Schedule, available on the Exchange public Web 15 See Rule 11.350(a)(1). site. calendar month. In such transactions, the liquidity providing non-displayed interest is subject to the Non-Displayed Match Fee.

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Fee for Fee for Order details Opening Closing Halt/volatility IPO auction executions executions auction auction auction >=$1.00 <$1.00

Non-displayed orders resting O ...... C ...... Not applicable ...... Not applicable ...... $0.0003 ...... 0.30% of on the Continuous Book TDVT.24 that execute in the Opening or Closing Auction 23. Displayed orders resting on O, L ...... C, L ...... Not applicable ...... Not applicable ...... FREE ...... FREE. the Continuous Book that execute in the Opening or Closing Auction. All orders on the Auction O ...... C ...... H ...... N ...... $0.0003 ...... 0.30% of Book that execute in an IEX TDVT Auction.

2. Statutory Basis at the official opening, re-opening, and offering competitive pricing to compete IEX believes that the proposed rule closing prices of its listed securities, for auction order flow with trading change is consistent with the provisions because such price is generally centers such as Bats (if the Bats Market of Section 6(b) 25 of the Act in general, established by its auction processes. As Close is approved), as well as other off- and furthers the objectives of Sections a result, the Exchange believes that, to exchange facilities.29 date, the Nasdaq Stock Market 6(b)(4) 26 of the Act, in particular, in that As discussed above, IEX also believes it is designed to provide for the (‘‘Nasdaq’’) and the New York Stock Exchange (‘‘NYSE’’) charge auction fees that it is appropriate, reasonable, and equitable allocation of reasonable dues, consistent with the Act not to charge a fees and other charges among its that are considerably higher than those charged during continuous trading, fee for an order executed in an IEX Members and other persons using its Auction that was displayed on the facilities. when accounting for the fact that fees Continuous Book prior to the Opening IEX believes that its proposed pricing for executions in the auction processes for orders executed in an IEX Auction are assessed on both sides of each or Closing Auction. As with the existing is reasonable and equitable because, as transaction, and a large portion of the fee structure for the execution of discussed above, the proposed fees are fees collected for removing liquidity transactions including displayed designed to incentivize participation in during continuous trading are largely liquidity, this fee structure is designed IEX Auctions by providing a cost- earmarked to pay rebates to liquidity to incentivize Members to send IEX effective execution mechanism that providers.27 Consequently, the aggressively priced displayable orders, offers Members an opportunity to Exchange believes there is considerable thereby contributing to price discovery, receive executions at the official demand from market participants consistent with the overall goal of opening, re-opening, or closing price of seeking an alternative to the primary enhancing market quality. IEX believes an IEX-listed security. The Exchange market’s auction processes, as that, as with the existing Displayed believes the proposed fees may also evidenced by the recent proposal from Match Fee, not charging a fee for the incentivize Members to enter more Bats BZX Exchange, Inc. (‘‘Bats’’) to execution of a previously displayed interest into IEX Auctions, rather than offer a closing process to match orders order is equitable and not unfairly in non-listed securities at the official investing resources into developing and discriminatory because it is designed to maintaining their own off-exchange closing price published by the primary listing market (the ‘‘Bats Market facilitate the entry of, and enhance internalization mechanisms, or utilizing execution opportunities for, displayable the internalization mechanisms of Close’’).28 Therefore, the Exchange has designed its proposed fees to meet the orders, thereby further incentivizing competing brokers and alternative entry of displayed orders. trading systems. The Exchange notes demands of market participants by that it operates in a highly competitive Furthermore, the Exchange notes that market in which market participants can 27 For example, the Nasdaq Stock Market charges the proposed fees are nondiscriminatory fees ranging between $0.0008–$0.0016 for orders readily direct order flow to competing executed in the Nasdaq Closing Cross, resulting in because they will apply uniformly to all venues if they deem fee levels at a net fee capture ranging between $0.0016–$0.0032 Members, and all Members have an particular venue to be excessive. per share executed. In contrast, during continuous equal opportunity to submit any type of trading, Nasdaq pays rebates ranging between 30 However, in the case of auctions, the $0.0015–$0.00305 to liquidity providing orders, and Auction Eligible Order, —including primary listing market receives the charges a fee of $0.0030 to liquidity taking orders, both displayed and non-displayed majority of order flow seeking execution resulting in net fee capture ranging between orders on the Continuous Book, or ¥ $0.00005–$0.0015 per share executed. Similarly, orders that queue on the Auction 23 NYSE charges fees ranging between $0.0008– The Exchange notes that non-displayed orders $0.0011 for MOC and LOC orders executed in the Book—for execution in an IEX Auction, resting on the Continuous Book that execute in the NYSE Closing Auction, resulting in net fee capture auction will no longer receive Fee Code ‘‘I’’, and using the order types made available to ranging between $0.0016 and $0.0022 per share all Members on a fair and equal basis. will instead receive the applicable auction Fee executed. In contrast, during continuous trading, Code. Orders taking or adding non-displayed NYSE pays a rebate ranging between $0.0010– In addition, the Exchange believes that liquidity prior to or after an IEX Auction, will $0.0022 to liquidity providing orders for non- the proposed fees for IEX Auctions are continue to receive Fee Code I, either alone or in market makers and non-Supplemental Liquidity appropriate, reasonable, and consistent conjunction with other applicable Fee Codes. providers, and assuming a member qualifies for the 24 ‘‘TDVT’’ means the total dollar value of the highest removal tier, NYSE charges $0.00275 to with the Act, because such fees are transaction calculated as the execution price liquidity taking orders, resulting in net fee capture within the range of transaction fees multiplied by the number of shares executed in the ranging between $0.00055–$0.00175 per share charged by other exchanges for their transaction. See IEX Fee Schedule, Definitions, executed. bullet five. 28 See Securities and Exchange Act Release No. 25 15 U.S.C. 78f. 80683 (May 16, 2017), 82 FR 23320 (May 22, 2017) 29 See supra note 16. 26 15 U.S.C. 78f(b)(4). (SR–BatsBZX–2017–34). 30 See Rule 11.350(a)(2).

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respective Auction processes.31 volume to buy and sell at various prices Members can submit any of IEX’s Furthermore, although orders that is considered, and thus there is no basis permissible order types. execute in IEX Auctions may be subject to distinguish between liquidity C. Self-Regulatory Organization’s to different fees than similar orders providers and liquidity removers, or Statement on Comments on the executed during continuous trading, the their respective display status on the Proposed Rule Change Received From Exchange notes that other exchanges Auction Book. Members, Participants, or Others also charge differential pricing for In conclusion, the Exchange also orders that execute in their opening submits that its proposed fee structure Written comments were neither process.32 Moreover, as described satisfies the requirements of Sections solicited nor received. above, the Exchange believes the 6(b)(4) and 6(b)(5) of the Act for the III. Date of Effectiveness of the proposed fees for orders executed in an reasons discussed above in that it does Proposed Rule Change and Timing for IEX Auction are appropriate, reasonable, not permit unfair discrimination Commission Action and consistent with the Act, because between customers, issuers, brokers, or such fees are designed to incentivize dealers, and is designed to promote just The foregoing rule change has become participation in IEX Auctions, in order effective pursuant to Section and equitable principles of trade, to 34 to provide an efficient price discovery remove impediments to and perfect the 19(b)(3)(A)(ii) of the Act. process and greater opportunity for mechanism of a free and open market At any time within 60 days of the execution at the official auction price. and a national market system and in filing of the proposed rule change, the Additionally, the Exchange believes general to protect investors and the Commission summarily may that its proposed Fee Codes for orders public interest. Further, IEX believes temporarily suspend such rule change if executed in an IEX Auction, which will that its proposal does not raise any new it appears to the Commission that such be provided on execution reports, will or novel issues that have not previously action is necessary or appropriate in the provide transparency and predictability been considered by the Commission public interest, for the protection of to Members as to the applicable when approving the existing IEX fees, or investors, or otherwise in furtherance of transaction fees, because Members can the auction fees of other national the purposes of the Act. If the determine which Fee Code is applicable securities exchanges. Commission takes such action, the to the execution of a particular order in Commission shall institute proceedings an IEX Auction. B. Self-Regulatory Organization’s under Section 19(b)(2)(B) 35 of the Act to As discussed above, the Exchange Statement on Burden on Competition determine whether the proposed rule does not believe that it is appropriate to IEX does not believe that the change should be approved or provide the Internalization Fee, or the proposed rule change will result in any disapproved. Displayed Match Fee to non-displayed orders that execute in an IEX Auction, burden on competition that is not IV. Solicitation of Comments because IEX Auctions are an aggregated necessary or appropriate in furtherance Interested persons are invited to match process where only the of the purposes of the Act. The submit written data, views and cumulative volume to buy and sell at Exchange does not believe that the arguments concerning the foregoing, various prices is considered, and thus proposed rule change will impose any including whether the proposed rule there is no basis to distinguish between burden on intermarket competition that change is consistent with the Act. liquidity providers and liquidity is not necessary or appropriate in Comments may be submitted by any of removers. Similarly, the Exchange does furtherance of the purposes of the Act. the following methods: not believe that the exception to the To the contrary, the Exchange believes Non-Displayed Match Fee for that the proposed pricing structure will Electronic Comments displayable orders that take resting increase competition and draw • Use the Commission’s Internet interest upon entry is applicable in the additional volume to the Exchange for comment form (http://www.sec.gov/ context of an IEX Auction, since such IEX Auctions. The Exchange operates in rules/sro.shtml); or orders are not able to remove resting a highly competitive market in which • Send an email to rule-comments@ interest on entry in an IEX Auction, market participants can readily favor sec.gov. Please include File Number SR– because they are either queued on the competing venues if fee schedules at IEX–2017–40 on the subject line. other venues are viewed as more Auction Book and not displayed, or Paper Comments resting displayed on the Continuous favorable. Consequently, the Exchange • Book.33 Moreover, as noted above, the believes that the degree to which IEX Send paper comments in triplicate IEX Auctions are an aggregated match fees could impose any burden on to Brent J. Fields, Secretary, Securities process where only the cumulative competition is extremely limited, and and Exchange Commission, 100 F Street does not believe that such fees would NE., Washington, DC 20549–1090. 31 For example, the Nasdaq Stock Market charges burden competition between Members All submissions should refer to File fees ranging from $0.00085–$0.0015 for orders or competing venues in a manner that Number SR–IEX–2017–40. This file executed in the Nasdaq Opening Cross, including is not necessary or appropriate in number should be included in the capping such fees at $35,000 per month for certain furtherance of the purposes of the Act. members, which includes crosses for listed and subject line if email is used. To help the non-listed securities. Similarly, NYSE charges fees The Exchange does not believe that Commission process and review your ranging from $0 for closing off-set orders and orders the proposed rule change will impose comments more efficiently, please use on the continuous book that are executed in the any burden on intramarket competition only one method. The Commission will auction, to $0.0011 for MOC and LOC orders (for members that don’t qualify for MOC/LC Tier 1 or that is not necessary or appropriate in post all comments on the Commission’s 2). furtherance of the purposes of the Act Internet Web site (http://www.sec.gov/ 32 See id. because, while different fees are rules/sro.shtml). Copies of the 33 The Exchange notes that it is of course possible assessed in some circumstances, these submission, all subsequent for a displayed order to remove non-displayed different fees are not based on the type amendments, all written statements liquidity during continuous trading on the Continuous Book; however, such execution would of Member entering the orders that not be part of an IEX Auction, and would be subject execute in an IEX Auction, but based on 34 15 U.S.C. 78s(b)(3)(A)(ii). to the Exchange’s existing Fee Schedule. the type of order entered, and all 35 15 U.S.C. 78s(b)(2)(B).

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with respect to the proposed rule with affiliated investment funds. The application. The complete application change that are filed with the Order would supersede the prior order.1 may be obtained via the Commission’s Commission, and all written APPLICANTS: New Mountain Finance Web site by searching for the file communications relating to the Corporation (‘‘NMFC’’); NMF Ancora number, or for an applicant using the proposed rule change between the Holdings, Inc., NMF QID NGL Holdings, Company name box, at http:// Commission and any person, other than Inc., and NMF YP Holdings, Inc. www.sec.gov/search/search.htm or by those that may be withheld from the (collectively, the ‘‘NMFC Subsidiaries’’); calling (202) 551–8090. public in accordance with the New Mountain Finance SBIC, L.P. Applicants’ Representations provisions of 5 U.S.C. 552, will be (‘‘SBIC LP’’); New Mountain Net Lease available for Web site viewing and Corporation (‘‘NMNLC’’); New 1. NMFC, a Delaware corporation, is printing in the Commission’s Public Mountain Guardian Partners II, L.P. an externally managed, non-diversified, Reference Section, 100 F Street NE., (‘‘Guardian II’’); New Mountain closed-end management investment Washington, DC 20549–1090. Copies of Guardian II Master Fund-A, L.P. company that has elected to be the filing will also be available for (‘‘Guardian II Master A’’); New regulated as a BDC under section 54(a) 3 inspection and copying at the IEX’s Mountain Guardian II Master Fund–B, of the Act. Applicants state that 4 principal office and on its Internet Web L.P. (‘‘Guardian II Master B,’’ and NMFC’s Objectives and Strategies are site at www.iextrading.com. All together with Guardian II and Guardian to generate both current income and comments received will be posted II Master A, the ‘‘Guardian II Funds’’); capital appreciation through the without change. Persons submitting and New Mountain Finance Advisers sourcing and origination of debt comments are cautioned that we do not BDC, L.L.C. (the BDC Adviser’’) on securities at all levels of the capital redact or edit personal identifying behalf of itself and its successors.2 structure, including first and second lien debt, notes, bonds and mezzanine information from comment submissions. FILING DATES: The application was filed You should submit only information on July 10, 2017 and amended on securities. The board of directors that you wish to make available October 31, 2017. (‘‘Board’’) of NMFC is comprised of seven directors, four of whom are not publicly. All submissions should refer HEARING OR NOTIFICATION OF HEARING: An to File Number SR–IEX–2017–40 and ‘‘interested directors’’ as defined in order granting the requested relief will section 2(a)(19) of the Act (‘‘Non- should be submitted on or before be issued unless the Commission orders December 18, 2017. Interested Directors’’), of NMFC. a hearing. Interested persons may 2. The NMFC Subsidiaries are For the Commission, by the Division of request a hearing by writing to the Wholly-Owned Investment Subs (as Trading and Markets, pursuant to delegated Commission’s Secretary and serving defined below) of NMFC, each 36 authority. applicants with a copy of the request, structured as a Delaware corporation to Eduardo A. Aleman, personally or by mail. Hearing requests hold equity or equity-like investments Assistant Secretary. should be received by the Commission in portfolio companies organized as [FR Doc. 2017–25471 Filed 11–24–17; 8:45 am] by 5:30 p.m. on December 15, 2017, and limited liability companies or other should be accompanied by proof of BILLING CODE 8011–01–P forms of pass-through entities. The service on applicants, in the form of an NMFC Subsidiaries are not registered affidavit or, for lawyers, a certificate of under the Act in reliance on the SECURITIES AND EXCHANGE service. Pursuant to rule 0–5 under the exclusion from the definition of COMMISSION Act, hearing requests should state the ‘‘investment company’’ in section nature of the writer’s interest, any facts 3(a)(7) of the Act. bearing upon the desirability of a 3. SBIC LP, a Wholly-Owned [Investment Company Act Release No. hearing on the matter, the reason for the 32900; 812–14799] Investment Sub of NMFC, is structured request, and the issues contested. as a Delaware limited partnership. SBIC New Mountain Finance Corporation, et Persons who wish to be notified of a LP received a license from the Small al. hearing may request notification by Business Administration (‘‘SBA’’) to writing to the Commission’s Secretary. operate under the Small Business November 20, 2017. ADDRESSES: Secretary, U.S. Securities Investment Act of 1958 (‘‘SBA Act’’) as AGENCY: Securities and Exchange and Exchange Commission, 100 F St., a small business investment company Commission (‘‘Commission’’). NE., Washington, DC 20549–1090. (each such licensed entity, a ‘‘SBIC ACTION: Notice. Applicants: Robert A. Hamwee, New Subsidiary’’). Mountain Finance Corporation, 787 4. NMNLC, a Maryland corporation, is Notice of application for an order Seventh Avenue, 48th Floor, New York, a Wholly-Owned Investment Sub of (‘‘Order’’) to amend a prior order under NY 10019. NMFC. NMNLC was formed to acquire sections 17(d) and 57(i) of the FOR FURTHER INFORMATION CONTACT: real properties that are subject to ‘‘triple Investment Company Act of 1940 (the Barbara T. Heussler, Senior Counsel, at net’’ leases and will qualify as a real ‘‘Act’’) and rule 17d–1 under the Act (202) 551–6990 or David J. Marcinkus, permitting certain joint transactions Branch Chief, at (202) 551–6821 3 Section 2(a)(48) of the Act defines a BDC to be otherwise prohibited by sections 17(d) (Division of Investment Management, any closed-end investment company that operates and 57(a)(4) of the Act and under rule for the purpose of making investments in securities Chief Counsel’s Office). described in sections 55(a)(1) through 55(a)(3) of the 17d–1 under the Act. SUPPLEMENTARY INFORMATION: The Act and makes available significant managerial SUMMARY OF APPLICATION: Applicants following is a summary of the assistance with respect to the issuers of such request an order to permit certain securities. 4 ‘‘Objectives and Strategies’’ means a Regulated business development companies (each, 1 New Mountain Finance Corporation, et al., Fund’s investment objectives and strategies as a ‘‘BDC’’) and certain closed-end Investment Company Act Rel. Nos. 32630 (May 8, described in the Regulated Fund’s registration investment companies to co-invest in 2017) (notice) and 32668 (Jun. 5, 2017). statement on Form N–2, other filings the Regulated portfolio companies with each other and 2 The term ‘‘successor,’’ means an entity that Fund has made with the Commission under the results from a reorganization into another Securities Act of 1933 (the ‘‘Securities Act’’), or the jurisdiction or change in the type of business Securities Exchange Act of 1934, and the Regulated 36 17 CFR 200.30–3(a)(12). organization. Fund’s reports to shareholders.

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estate investment trust (‘‘REIT’’) within of warrants, conversion privileges, and therefore, no conflicts of interest could the meaning of section 856 of the other rights to purchase securities of the arise between the Regulated Fund and Internal Revenue Code (‘‘Code’’). issuers (‘‘Follow-On Investments’’). ‘‘Co- the Wholly-Owned Investment Sub. The NMNLC is not registered under the Act Investment Transaction’’ means any Regulated Fund’s Board would make all because substantially all of its assets transaction in which a Regulated Fund relevant determinations under the consist of real properties. (or its Wholly-Owned Investment Sub) conditions with regard to a Wholly- 5. Guardian II is a private fund participated together with one or more Owned Investment Sub’s participation organized in Delaware. Both Guardian II other Regulated Funds and/or one or in a Co-Investment Transaction, and the Master A and Guardian II Master B are more Affiliated Funds in reliance on the Regulated Fund’s Board would be private funds organized as Cayman requested Order. ‘‘Potential Co- informed of, and take into Islands exempted limited partnerships. Investment Transaction’’ means any consideration, any proposed use of a Applicants state that the investment investment opportunity in which a Wholly-Owned Investment Sub in the objective of each of these funds is to Regulated Fund (or its Wholly-Owned Regulated Fund’s place. If the Regulated generate both current income and Investment Sub) could not participate Fund proposes to participate in the capital appreciation by investing together with one or more Affiliated same Co-Investment Transaction with primarily in first lien and second lien Funds and/or one or more other any of its Wholly-Owned Investment secured loans as well as subordinated Regulated Funds without obtaining and Subs, the Board will also be informed debt. None of the Guardian II Funds is relying on the Order.8 of, and take into consideration, the registered under the Act in reliance on 8. Applicants state any of the relative participation of the Regulated the exclusion from the definition of Regulated Funds may, from time to Fund and the Wholly-Owned ‘‘investment company’’ in section time, form a Wholly-Owned Investment Investment Sub. 3(c)(7) of the Act. The investment Sub.9 Such a subsidiary would be 9. When considering Potential Co- activities of each of the Guardian II prohibited from investing in a Co- Investment Transactions for any Funds is managed by the BDC Adviser Investment Transaction with any Regulated Fund, the applicable Adviser pursuant to an investment management Affiliated Fund or Regulated Fund will consider only the Objectives and agreement. because it would be a company Strategies, investment policies, 6. BDC Adviser, a Delaware limited controlled by its parent Regulated Fund investment positions, capital available liability company, is registered with the for purposes of section 57(a)(4) of the for investment as described in the Commission as an investment adviser Act and rule 17d–1 under the Act. application (‘‘Available Capital’’), and under the Investment Advisers Act of Applicants request that each Wholly- other pertinent factors applicable to that 1940 (the ‘‘Advisers Act’’) and serves as Owned Investment Sub be permitted to Regulated Fund. The Advisers expect the investment adviser to NMFC and participate in Co-Investment that any portfolio company that is an each of the Guardian II Funds. Transactions in lieu of its parent appropriate investment for a Regulated 7. Applicants seek an Order to permit Regulated Fund and that the Wholly- Fund should also be an appropriate 5 one or more Regulated Funds and/or Owned Investment Sub’s participation investment for one or more other 6 one or more Affiliated Funds to in any such transaction be treated, for Regulated Funds and/or one or more participate in the same investment purposes of the Order, as though the Affiliated Funds, with certain opportunities through a proposed co- parent Regulated Fund were exceptions based on available capital or investment program (the ‘‘Co- participating directly. Applicants diversification.10 Investment Program’’) where such represent that this treatment is justified 10. Other than pro rata dispositions participation would otherwise be because a Wholly-Owned Investment and Follow-On Investments as provided prohibited under section 57(a)(4) and Sub would have no purpose other than in conditions 7 and 8, and after making rule 17d–1 by (a) co-investing with each serving as a holding vehicle for the the determinations required in other in securities issued by issuers in Regulated Fund’s investments and, conditions 1 and 2(a), the Adviser will private placement transactions in which present each Potential Co-Investment an Adviser negotiates terms in addition 8 All existing entities that currently intend to rely Transaction and the proposed allocation to price; 7 and (b) making additional upon the requested Order have been named as to the directors of the Board eligible to investments in securities of such applicants. Any other existing or future entity that vote under section 57(o) of the Act issuers, including through the exercise subsequently relies on the Order will comply with the terms and conditions of the application. (‘‘Eligible Directors’’), and the ‘‘required 9 The term ‘‘Wholly-Owned Investment Sub’’ majority,’’ as defined in section 57(o) of 5 ‘‘Regulated Fund’’ means any of NMFC and any means an entity (i) that is a wholly-owned the Act (‘‘Required Majority’’) 11 will Future Regulated Fund. ‘‘Future Regulated Fund’’ subsidiary of a Regulated Fund (with the Regulated approve each Co-Investment means any closed-end management investment Fund at all times holding, beneficially and of company (a) that is registered under the Act or has record, 95% or more of the voting and economic Transaction prior to any investment by elected to be regulated as a BDC, (b) whose interests); (ii) whose sole business purpose is to the participating Regulated Fund. investment adviser is an Adviser, and (c) that hold one or more investments on behalf of the 11. With respect to the pro rata intends to participate in the Co-Investment Regulated Fund (and, in the case of an SBIC dispositions and Follow-On Investments Program. The term ‘‘Adviser’’ means (a) the BDC Subsidiary, maintain a license under the SBA Act provided in conditions 7 and 8, a Adviser, and (b) any future investment adviser that and issue debentures guaranteed by the SBA; (iii) controls, is controlled by, or is under common with respect to which the Regulated Fund’s Board Regulated Fund may participate in a pro control with the BDC Adviser and is registered as has the sole authority to make all determinations rata disposition or Follow-On an investment adviser under the Advisers Act. with respect to the entity’s participation under the Investment without obtaining prior 6 ‘‘Affiliated Fund’’ means the Guardian II Funds conditions of the application; and (iv)(A) that approval of the Required Majority if, and any Future Affiliated Funds. ‘‘Future Affiliated would be an investment company but for section Fund’’ means any entity (a) whose investment 3(c)(1), 3(c)(5)(C), or 3(c)(7) of the Act, or (B) that adviser is an Adviser, (b) that would be an qualifies as a REIT within the meaning of section 10 The Regulated Funds, however, will not be investment company but for section 3(c)(1), 856 of the Code because substantially all of its obligated to invest, or co-invest, when investment 3(c)(5)(C), or 3(c)(7) of the Act, and (c) that intends assets would consist of real properties. Each of the opportunities are referred to them. to participate in the Co-Investment Program. NMFC Subsidiaries, SBIC LP, and NMNLC is a 11 In the case of a Regulated Fund that is a 7 The term ‘‘private placement transactions’’ Wholly-Owned Investment Sub of NMFC, and any registered closed-end fund, the Board members that means transactions in which the offer and sale of future subsidiaries of the Regulated Funds that make up the Required Majority will be determined securities by the issuer are exempt from registration participate in Co-Investment Transactions will be as if the Regulated Fund were a BDC subject to under the Securities Act. Wholly-Owned Investment Subs. section 57(o).

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among other things: (i) The proposed with a BDC is subject to section 57(a)(4). will make an independent participation of each Regulated Fund Applicants submit that each of the determination of the appropriateness of and Affiliated Fund in such disposition Regulated Funds and Affiliated Funds the investment for such Regulated Fund is proportionate to its outstanding could be deemed to be a person related in light of the Regulated Fund’s then- investments in the issuer immediately to each Regulated Fund in a manner current circumstances. preceding the disposition or Follow-On described by section 57(b) by virtue of 2. (a) If the Adviser deems a Regulated Investment, as the case may be; and (ii) being under common control. Section Fund’s participation in any Potential the Board of the Regulated Fund has 57(i) of the Act provides that, until the Co-Investment Transaction to be approved that Regulated Fund’s Commission prescribes rules under appropriate for the Regulated Fund, it participation in pro rata dispositions section 57(a)(4), the Commission’s rules will then determine an appropriate level and Follow-On Investments as being in under section 17(d) of the Act of investment for the Regulated Fund. the best interests of the Regulated Fund. applicable to registered closed-end (b) If the aggregate amount If the Board does not so approve, any investment companies will be deemed recommended by the applicable Adviser such disposition or Follow-On to apply to transactions subject to to be invested by the applicable Investment will be submitted to the section 57(a)(4). Because the Regulated Fund in the Potential Co- Regulated Fund’s Eligible Directors. The Commission has not adopted any rules Investment Transaction, together with Board of any Regulated Fund may at any under section 57(a)(4), rule 17d–1 also the amount proposed to be invested by time rescind, suspend or qualify its applies to joint transactions with the other participating Regulated Funds approval of pro rata dispositions and Regulated Funds that are BDCs. Section and Affiliated Funds, collectively, in the Follow-On Investments with the result 17(d) of the Act and rule 17d–1 under same transaction, exceeds the amount of that all dispositions and/or Follow-On the Act are applicable to Regulated the investment opportunity, the Investments must be submitted to the Funds that are registered closed-end investment opportunity will be Eligible Directors. investment companies. allocated among them pro rata based on 12. No Non-Interested Director of a 2. Section 17(d) of the Act and rule each participant’s Available Capital, up Regulated Fund will have a financial 17d–1 under the Act prohibit affiliated to the amount proposed to be invested interest in any Co-Investment persons of a registered investment by each. The applicable Adviser will Transaction, other than indirectly company from participating in joint provide the Eligible Directors of each through share ownership in one of the transactions with the company unless participating Regulated Fund with Regulated Funds. the Commission has granted an order information concerning each 13. Applicants state that if an Adviser permitting such transactions. In passing participating party’s Available Capital to or its principal owners (the upon applications under rule 17d–1, the assist the Eligible Directors with their ‘‘Principals’’), or any person controlling, Commission considers whether the review of the Regulated Fund’s controlled by, or under common control company’s participation in the joint investments for compliance with these with an Adviser or the Principals, and transaction is consistent with the allocation procedures. any Affiliated Fund (collectively, the provisions, policies, and purposes of the (c) After making the determinations ‘‘Holders’’) own in the aggregate more Act and the extent to which such required in conditions 1 and 2(a), the than 25 percent of the outstanding participation is on a basis different from applicable Adviser will distribute voting shares of a Regulated Fund (the or less advantageous than that of other written information concerning the ‘‘Shares’’), then the Holders will vote participants. Potential Co-Investment Transaction such Shares as required under 3. Applicants state that in the absence (including the amount proposed to be condition. of the requested relief, the Regulated invested by each participating Regulated 14. Applicants believe that this Funds would be, in some Fund and Affiliated Fund) to the condition will ensure that the Non- circumstances, limited in their ability to Eligible Directors of each participating Interested Directors will act participate in attractive and appropriate Regulated Fund for their consideration. independently in evaluating the Co- investment opportunities. Applicants A Regulated Fund will co-invest with Investment Program, because the ability believe that the proposed terms and one or more other Regulated Funds and/ of an Adviser or the Principals to conditions will ensure that the Co- or one or more Affiliated Funds only if, influence the Non-Interested Directors Investment Transactions are consistent prior to the Regulated Fund’s by a suggestion, explicit or implied, that with the protection of each Regulated participation in the Potential Co- the Non-Interested Directors can be Fund’s shareholders and with the Investment Transaction, a Required removed will be limited significantly. purposes intended by the policies and Majority concludes that: The Non-Interested Directors shall provisions of the Act. Applicants state (i) The terms of the Potential Co- evaluate and approve any such that the Regulated Funds’ participation Investment Transaction, including the independent third party, taking into in the Co-Investment Transactions will consideration to be paid, are reasonable account its qualifications, reputation for be consistent with the provisions, and fair to the Regulated Fund and its independence, cost to the shareholders, policies, and purposes of the Act and on shareholders and do not involve and other factors that they deem a basis that is not different from or less overreaching in respect of the Regulated relevant. advantageous than that of other Fund or its shareholders on the part of Applicants’ Legal Analysis participants. any person concerned; (ii) The Potential Co-Investment Applicants’ Conditions 1. Section 57(a)(4) of the Act prohibits Transaction is consistent with: certain affiliated persons of a BDC from Applicants agree that the Order will (A) The interests of the shareholders participating in joint transactions with be subject to the following conditions: of the Regulated Fund; and the BDC or a company controlled by a 1. Each time an Adviser considers a (B) the Regulated Fund’s then-current BDC in contravention of rules as Potential Co-Investment Transaction for Objectives and Strategies; prescribed by the Commission. Under an Affiliated Fund or another Regulated (iii) the investment by any other section 57(b)(2) of the Act, any person Fund that falls within a Regulated Regulated Funds or Affiliated Funds who is directly or indirectly controlling, Fund’s then-current Objectives and would not disadvantage the Regulated controlled by, or under common control Strategies, the Regulated Fund’s Adviser Fund, and participation by the

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Regulated Fund would not be on a basis investments in Potential Co-Investment (c) A Regulated Fund may participate different from or less advantageous than Transactions made by any of the other in such disposition without obtaining that of other Regulated Funds or Regulated Funds or Affiliated Funds prior approval of the Required Majority Affiliated Funds; provided that, if any during the preceding quarter that fell if: (i) The proposed participation of each other Regulated Fund or Affiliated within the Regulated Fund’s then- Regulated Fund and each Affiliated Fund, but not the Regulated Fund itself, current Objectives and Strategies that Fund in such disposition is gains the right to nominate a director for were not made available to the proportionate to its outstanding election to a portfolio company’s board Regulated Fund, and an explanation of investments in the issuer immediately of directors or the right to have a board why the investment opportunities were preceding the disposition; (ii) the Board observer or any similar right to not offered to the Regulated Fund. All of the Regulated Fund has approved as participate in the governance or information presented to the Board being in the best interests of the management of the portfolio company, pursuant to this condition will be kept Regulated Fund the ability to participate such event shall not be interpreted to for the life of the Regulated Fund and in such dispositions on a pro rata basis prohibit the Required Majority from at least two years thereafter, and will be (as described in greater detail in the reaching the conclusions required by subject to examination by the application); and (iii) the Board of the this condition (2)(c)(iii), if: Commission and its staff. Regulated Fund is provided on a (A) The Eligible Directors will have 5. Except for Follow-On Investments quarterly basis with a list of all the right to ratify the selection of such made in accordance with condition 8,12 dispositions made in accordance with director or board observer, if any; a Regulated Fund will not invest in this condition. In all other cases, the (B) the applicable Adviser agrees to, reliance on the Order in any issuer in Adviser will provide its written and does, provide periodic reports to which another Regulated Fund, recommendation as to the Regulated the Regulated Fund’s Board with respect Affiliated Fund, or any affiliated person Fund’s participation to the Eligible to the actions of such director or the of another Regulated Fund or Affiliated Directors, and the Regulated Fund will information received by such board Fund is an existing investor. participate in such disposition solely to observer or obtained through the 6. A Regulated Fund will not the extent that a Required Majority exercise of any similar right to participate in any Potential Co- determines that it is in the Regulated participate in the governance or Investment Transaction unless the Fund’s best interests. management of the portfolio company; terms, conditions, price, class of (d) Each Affiliated Fund and each and securities to be purchased, settlement Regulated Fund will bear its own (C) any fees or other compensation date, and registration rights will be the expenses in connection with any such that any Affiliated Fund or any same for each participating Regulated Regulated Fund or any affiliated person disposition. Fund and Affiliated Fund. The grant to of any Affiliated Fund or any Regulated 8. (a) If any Affiliated Fund or any an Affiliated Fund or another Regulated Fund receives in connection with the Regulated Fund desires to make a Fund, but not the Regulated Fund, of right of the Affiliated Fund or a Follow-On Investment in a portfolio the right to nominate a director for Regulated Fund to nominate a director company whose securities were election to a portfolio company’s board or appoint a board observer or otherwise acquired in a Co-Investment of directors, the right to have an to participate in the governance or Transaction, the applicable Advisers observer on the board of directors or management of the portfolio company will: similar rights to participate in the will be shared proportionately among (i) Notify each Regulated Fund that governance or management of the the participating Affiliated Funds (who participated in the Co-Investment portfolio company will not be each may, in turn, share its portion with Transaction of the proposed transaction interpreted so as to violate this its affiliated persons) and the at the earliest practical time; and condition 6, if conditions 2(c)(iii)(A), (B) participating Regulated Funds in (ii) formulate a recommendation as to and (C) are met. accordance with the amount of each the proposed participation, including 7. (a) If any Affiliated Fund or any party’s investment; and the amount of the proposed Follow-On Regulated Fund elects to sell, exchange (iv) the proposed investment by the Investment, by each Regulated Fund. or otherwise dispose of an interest in a Regulated Fund will not benefit the (b) A Regulated Fund may participate security that was acquired in a Co- Advisers, the Affiliated Funds or the in such Follow-On Investment without Investment Transaction, the applicable other Regulated Funds or any affiliated obtaining prior approval of the Required Advisers will: person of any of them (other than the Majority if: (i) The proposed (i) Notify each Regulated Fund that parties to the Co-Investment participation of each Regulated Fund participated in the Co-Investment Transaction), except (A) to the extent and each Affiliated Fund in such Transaction of the proposed disposition permitted by condition 13, (B) to the investment is proportionate to its at the earliest practical time; and extent permitted by section 17(e) or outstanding investments in the issuer (ii) formulate a recommendation as to 57(k) of the Act, as applicable, (C) immediately preceding the Follow-On participation by each Regulated Fund in indirectly, as a result of an interest in Investment; and (ii) the Board of the the disposition. the securities issued by one of the Regulated Fund has approved as being (b) Each Regulated Fund will have the parties to the Co-Investment in the best interests of the Regulated right to participate in such disposition Transaction, or (D) in the case of fees or Fund the ability to participate in on a proportionate basis, at the same other compensation described in Follow-On Investments on a pro rata price and on the same terms and condition 2(c)(iii)(C). basis (as described in greater detail in 3. Each Regulated Fund has the right conditions as those applicable to the the application). In all other cases, the to decline to participate in any Potential participating Affiliated Funds and Adviser will provide its written Co-Investment Transaction or to invest Regulated Funds. recommendation as to the Regulated less than the amount proposed. Fund’s participation to the Eligible 12 This exception applies only to Follow-On 4. The applicable Adviser will present Investments by a Regulated Fund in issuers in Directors, and the Regulated Fund will to the Board of each Regulated Fund, on which that Regulated Fund already holds participate in such Follow-On a quarterly basis, a record of all investments. Investment solely to the extent that a

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Required Majority determines that it is without limitation, the expenses of the 15. Each Regulated Fund’s chief in the Regulated Fund’s best interests. distribution of any such securities compliance officer, as defined in rule (c) If, with respect to any Follow-On registered for sale under the Securities 38a–1(a)(4), will prepare an annual Investment: Act) will, to the extent not payable by report for its Board each year that (i) The amount of the opportunity is the Advisers under their respective evaluates (and documents the basis of not based on the Regulated Funds’ and investment advisory agreements with that evaluation) the Regulated Fund’s the Affiliated Funds’ outstanding Affiliated Funds and the Regulated compliance with the terms and investments immediately preceding the Funds, be shared by the Regulated conditions of the application and the Follow-On Investment; and Funds and the Affiliated Funds in procedures established to achieve such (ii) the aggregate amount proportion to the relative amounts of the compliance. recommended by the applicable Adviser securities held or to be acquired or to be invested by the applicable For the Commission, by the Division of disposed of, as the case may be. Investment Management, under delegated Regulated Fund in the Follow-On 13 13. Any transaction fee (including authority. Investment, together with the amount break-up or commitment fees but proposed to be invested by the other Eduardo A. Aleman, excluding broker’s fees contemplated by Assistant Secretary. participating Regulated Funds and section 17(e) or 57(k) of the Act, as [FR Doc. 2017–25462 Filed 11–24–17; 8:45 am] Affiliated Funds, collectively, in the applicable), received in connection with same transaction, exceeds the amount of a Co-Investment Transaction will be BILLING CODE P the investment opportunity; then the distributed to the participating investment opportunity will be Regulated Funds and Affiliated Funds allocated among them pro rata based on on a pro rata basis based on the amounts SMALL BUSINESS ADMINISTRATION each participant’s Available Capital, up they invested or committed, as the case [Disaster Declaration #15382; OREGON to the maximum amount proposed to be may be, in such Co-Investment Disaster Number OR–00089 Declaration of invested by each. Transaction. If any transaction fee is to Economic Injury] (d) The acquisition of Follow-On be held by an Adviser pending Investments as permitted by this consummation of the transaction, the Administrative Declaration of an condition will be considered a Co- fee will be deposited into an account Economic Injury Disaster for the State Investment Transaction for all purposes maintained by such Adviser at a bank or of Oregon and subject to the other conditions set banks having the qualifications AGENCY: U.S. Small Business forth in the application. prescribed in section 26(a)(1) of the Act, 9. The Non-Interested Directors of Administration. and the account will earn a competitive each Regulated Fund will be provided ACTION: Notice. rate of interest that will also be divided quarterly for review all information pro rata among the participating concerning Potential Co-Investment SUMMARY: This is a notice of an Regulated Funds and Affiliated Funds Transactions and Co-Investment Economic Injury Disaster Loan (EIDL) based on the amounts they invest in Transactions, including investments declaration for the State of Oregon, such Co-Investment Transaction. None made by other Regulated Funds or dated 11/16/2017. of the Affiliated Funds, the Advisers, Affiliated Funds that the Regulated Incident: Chetco Bar Fire. the other Regulated Funds or any Fund considered but declined to Incident Period: 07/12/2017 through affiliated person of the Regulated Funds participate in, so that the Non-Interested 10/31/2017. or Affiliated Funds will receive Directors may determine whether all DATES: Issued on 11/16/2017. additional compensation or investments made during the preceding Economic Injury (EIDL) Loan remuneration of any kind as a result of quarter, including those investments Application Deadline Date: 08/16/2018. or in connection with a Co-Investment that the Regulated Fund considered but ADDRESSES: Transaction (other than (a) in the case Submit completed loan declined to participate in, comply with of the Regulated Funds and the applications to: U.S. Small Business the conditions of the Order. In addition, Affiliated Funds, the pro rata Administration, Processing and the Non-Interested Directors will transaction fees described above and Disbursement Center, 14925 Kingsport consider at least annually the continued fees or other compensation described in Road, Fort Worth, TX 76155. appropriateness for the Regulated Fund condition 2(c)(iii)(C); and (b) in the case FOR FURTHER INFORMATION CONTACT: A. of participating in new and existing Co- of an Adviser, investment advisory fees Escobar, Office of Disaster Assistance, Investment Transactions. U.S. Small Business Administration, 10. Each Regulated Fund will paid in accordance with the agreement between the Adviser and the Regulated 409 3rd Street SW., Suite 6050, maintain the records required by section Washington, DC 20416, (202) 205–6734. 57(f)(3) of the Act as if each of the Fund or Affiliated Fund). 14. If the Holders own in the aggregate SUPPLEMENTARY INFORMATION: Notice is Regulated Funds were a BDC and each more than 25 percent of the Shares of hereby given that as a result of the of the investments permitted under a Regulated Fund, then the Holders will Administrator’s EIDL declaration, these conditions were approved by the vote such Shares as directed by an applications for economic injury Required Majority under section 57(f) of independent third party when voting on disaster loans may be filed at the the Act. 11. No Non-Interested Director of a (1) the election of directors; (2) the address listed above or other locally Regulated Fund will also be a director, removal of one or more directors; or (3) announced locations. general partner, managing member or all other matters under either the Act or The following areas have been principal, or otherwise an ‘‘affiliated applicable state law affecting the determined to be adversely affected by person’’ (as defined in the Act) of an Board’s composition, size or manner of the disaster: Affiliated Fund. election. Primary Counties: Curry. 12. The expenses, if any, associated Contiguous Counties: 13 Applicants are not requesting and the staff is Oregon: Coos, Douglas, Josephine. with acquiring, holding or disposing of not providing any relief for transaction fees any securities acquired in a Co- received in connection with any Co-Investment California: Del Norte. Investment Transaction (including, Transaction. The Interest Rates are:

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Percent Primary Counties: Baldwin, Choctaw, The following areas have been Clarke, Mobile, Washington determined to be adversely affected by Businesses and Small Agricul- The Interest Rates are: the disaster: tural Cooperatives without Primary Counties: Deschutes, Jefferson. Credit Available Elsewhere ..... 3.215 Percent Non-Profit Organizations without Contiguous Counties: Credit Available Elsewhere ..... 2.500 Oregon: Crook, Harney, Klamath, For Physical Damage: Lake, Lane, Linn, Marion, Wasco, Non-Profit Organizations with The number assigned to this disaster Credit Available Elsewhere ... 2.500 Wheeler. for economic injury is 153820. Non-Profit Organizations with- The Interest Rates are: The States which received an EIDL out Credit Available Else- Declaration # are Oregon, California. where ...... 2.500 Percent For Economic Injury: (Catalog of Federal Domestic Assistance Non-Profit Organizations with- Businesses and Small Agricul- Number 59008) out Credit Available Else- tural Cooperatives without Linda E. McMahon, where ...... 2.500 Credit Available Elsewhere ..... 3.305 Administrator. Non-Profit Organizations without The number assigned to this disaster Credit Available Elsewhere ..... 2.500 [FR Doc. 2017–25504 Filed 11–24–17; 8:45 am] for physical damage is 153958 and for BILLING CODE 8025–01–P economic injury is 153960. The number assigned to this disaster (Catalog of Federal Domestic Assistance for economic injury is 153830. Number 59008) The State which received an EIDL SMALL BUSINESS ADMINISTRATION Declaration # is Oregon. James E. Rivera, [Disaster Declaration #15395 and #15396; Associate Administrator for Disaster (Catalog of Federal Domestic Assistance ALABAMA Disaster Number AL–00083] Assistance. Number 59008) Dated: November 16, 2017. Presidential Declaration of a Major [FR Doc. 2017–25489 Filed 11–24–17; 8:45 am] Disaster for Public Assistance Only for BILLING CODE 8025–01–P Linda E. McMahon, the State of Alabama Administrator. [FR Doc. 2017–25505 Filed 11–24–17; 8:45 am] SMALL BUSINESS ADMINISTRATION AGENCY: U.S. Small Business BILLING CODE 8025–01–P Administration. [Disaster Declaration #15383; OREGON ACTION: Notice. Disaster Number OR–00090 Declaration of Economic Injury] SOCIAL SECURITY ADMINISTRATION SUMMARY: This is a Notice of the Presidential declaration of a major Administrative Declaration of an [Docket No. SSA–2017–0051] disaster for Public Assistance Only for Economic Injury Disaster for the State the State of Alabama (FEMA–4349–DR), of Oregon Consolidating the Retirement dated 11/16/2017. Research Consortium and the AGENCY: U.S. Small Business Incident: Hurricane Nate. Disability Research Consortium Into Administration. Incident Period: 10/06/2017 through the Retirement and Disability Research 10/10/2017. ACTION: Notice. Consortium DATES: Issued on 11/16/2017. SUMMARY: This is a notice of an AGENCY: Social Security Administration. Physical Loan Application Deadline Economic Injury Disaster Loan (EIDL) ACTION: Notice. Date: 01/16/2018. declaration for the State of Oregon, Economic Injury (EIDL) Loan dated 11/16/2017. SUMMARY: We intend to consolidate the Application Deadline Date: 08/16/2018. Incident: Milli and Nash Fires. current Retirement Research ADDRESS: Submit completed loan Incident Period: 08/10/2017 through Consortium (RRC) and Disability applications to: U.S. Small Business 09/25/2017. Research Consortium (DRC) into a single Administration, Processing and DATES: Issued on 11/16/2017. program with a scope equivalent to the Disbursement Center, 14925 Kingsport Economic Injury (EIDL) Loan two currently existing programs. This Road, Fort Worth, TX 76155. Application Deadline Date: 08/16/2018. single program will address issues FOR FURTHER INFORMATION CONTACT: A. ADDRESSES: Submit completed loan related to Supplemental Security Escobar, Office of Disaster Assistance, applications to: U.S. Small Business Income (SSI), and Retirement, U.S. Small Business Administration, Administration, Processing and Survivors, and Disability Insurance 409 3rd Street SW., Suite 6050, Disbursement Center, 14925 Kingsport (RSDI). Washington, DC 20416, (202) 205–6734. Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: Nick SUPPLEMENTARY INFORMATION: Notice is FOR FURTHER INFORMATION CONTACT: A. Love, Office of Research, Evaluation, hereby given that as a result of the Escobar, Office of Disaster Assistance, and Statistics, 6401 Security Boulevard, President’s major disaster declaration on U.S. Small Business Administration, Baltimore, Maryland 21235–6401, (202) 11/16/2017, Private Non-Profit 409 3rd Street SW., Suite 6050, 358–6049. For information on eligibility organizations that provide essential Washington, DC 20416, (202) 205–6734. or filing for benefits, call our national services of a governmental nature may SUPPLEMENTARY INFORMATION: Notice is toll-free number, 1–800–772–1213, or file disaster loan applications at the hereby given that as a result of the TTY 1–800–325–0778, or visit our address listed above or other locally Administrator’s EIDL declaration, Internet site, Social Security Online, at announced locations. applications for economic injury http://www.socialsecurity.gov. The following areas have been disaster loans may be filed at the SUPPLEMENTARY INFORMATION: The Office determined to be adversely affected by address listed above or other locally of Research, Evaluation, and Statistics the disaster: announced locations. anticipates issuing a request for

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applications (RFA) for the Retirement The GMO will publish the agency’s • Originating Office: Bureau of and Disability Research Consortium RFA, along with any amendments, and Consular Affairs, Visa Office (CA/VO). (RDRC) during FY18. The RDRC will relevant questions and answers, • Form Number: DS–5535. consolidate the current RRC and DRC electronically through the government- • Respondents: Certain immigrant into a single program with a scope wide point of entry at www.grants.gov. and nonimmigrant visa applicants equivalent to the two current programs. Interested parties can sign up for worldwide who have been determined These programs support ‘‘centers’’ at notifications of funding opportunities to warrant additional scrutiny in universities and other private research at: https://www.grants.gov/web/grants/ connection with terrorism, national institutions. The centers organize manage-subscriptions.html. security-related, or other visa experts from around the country to ineligibilities. Nancy A. Berryhill, • produce research on Social Security Estimated Number of Respondents: Acting Commissioner of Social Security. programs and related topics. Both 70,500. • programs consist of five-year agreements [FR Doc. 2017–25528 Filed 11–24–17; 8:45 am] Estimated Number of Responses: BILLING CODE 4191–02–P 70,500. and both five-year cycles are set to end • in FY 2018. RFAs for the current Average Time per Response: 60 programs are archived at https:// minutes. • Total Estimated Burden Time: www.ssa.gov/oag/grants/ssagrant_ DEPARTMENT OF STATE 70,500 hours. archive.htm. This anticipated single [Public Notice: 10206] • Frequency: Once per respondent’s program will address issues related to application. the SSI and RSDI programs. 30-Day Notice of Proposed Information • Obligation to Respond: Required to Collection: Supplemental Questions We intend to award five-year Obtain or Retain a Benefit. cooperative agreements to research for Visa Applicants We are soliciting public comments to centers of high merit that provide a ACTION: Notice of request for public permit the Department to: comprehensive research program • Evaluate whether the proposed addressing issues in Social Security, comment and submission to OMB of proposed collection of information. information collection is necessary for retirement, and disability policy. This the proper functions of the Department. realignment in the research program SUMMARY: The Department of State has • Evaluate the accuracy of our will benefit the agency by increasing submitted the information collection estimate of the time and cost burden for administrative efficiency and described below to the Office of this proposed collection, including the coordination. It may also provide greater Management and Budget (OMB) for validity of the methodology and flexibility for research centers; we will approval. In accordance with the assumptions used. consider applications from research Paperwork Reduction Act of 1995 we • Enhance the quality, utility, and centers that provide both retirement and are requesting comments on this clarity of the information to be disability research as well as from collection from all interested collected. • smaller, specialized research centers individuals and organizations. The Minimize the reporting burden on (e.g., a center focused on issues relevant purpose of this Notice is to allow 30 those who are to respond, including the to the SSI program). days for public comment. use of automated collection techniques For the anticipated RFA, the Grants DATES: Submit comments directly to the or other forms of information Management Official (GMO) will use the Office of Management and Budget technology. policies in 2 CFR 200 in conjunction (OMB) up to December 27, 2017. Please note that comments submitted in response to this Notice are public with the policies and procedures for ADDRESSES: Direct comments to the record. Before including any detailed solicitation, evaluation, and award Department of State Desk Officer in the personal information, you should be prescribed in the Social Security Office of Information and Regulatory aware that your comments as submitted, Administration’s internal Grants Affairs at the Office of Management and including your personal information, Administration Manual. The project Budget (OMB). You may submit will be available for public review. period for all cooperative agreements comments by the following methods: awarded will cover the timeframe of • Email: oira_submission@ Abstract of Proposed Collection September 2018 through September omb.eop.gov. You must include the DS 2023. Section 1110 of the Social The Department proposes requesting form number, information collection the following information, if not already Security Act authorizes the agency to title, and the OMB control number in conduct research through cooperative included in an application, from a the subject line of your message. subset of visa applicants worldwide, in agreements. We will make awards using • Fax: 202–395–5806. Attention: Desk order to more rigorously evaluate such a competitive review and approval Officer for Department of State. applicants for terrorism, national process subject to open and free FOR FURTHER INFORMATION CONTACT: competition. security-related, or other visa Direct requests for additional ineligibilities: The following is an estimated information regarding the collection • Travel history during the last fifteen timeline of actions associated with this listed in this notice, including requests years, including source of funding for program: for copies of the proposed collection travel; instrument and supporting documents • Action Date* Address history during the last to S. Taylor, who may be reached at fifteen years; 1. Release of RFA pack- On or about February [email protected]. • Employment history during the last age. 2018. SUPPLEMENTARY INFORMATION: fifteen years; 2. Notice of Intent Due On or about April 2018. • • Date (Optional). Title of Information Collection: All passport numbers and country 3. Application Due Date .. On or about May 2018. Supplemental Questions for Visa of issuance held by the applicant; 4. Anticipated Award(s) .. On or about September Applicants. • Names and dates of birth for all 2018. • OMB Control Number: 1405–0226. siblings; • • * Dates may change based upon administrative Type of Request: Extension of a Name and dates of birth for all approval. Currently Approved Collection. children;

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• Names and dates of birth for all Failure to provide requested DEPARTMENT OF STATE current and former spouses, or civil or information will not necessarily result domestic partners; in visa denial, if the consular officer [Public Notice: 10211] • Social media platforms and determines the applicant has provided a identifiers, also known as handles, used credible explanation why he or she Democratic People’s Republic of Korea during the last five years; and cannot answer a question or provide (DPRK) Designation as a State • Phone numbers and email requested supporting documentation, Sponsor of Terrorism (SST) addresses used during the last five such that the consular officer is able to years. conclude that the applicant has In accordance with section 6(j)(1) of Regarding travel history, applicants provided adequate information to may be requested to provide details of the Export Administration Act of 1979 determine the applicant’s eligibility to their international or domestic (within (50 U.S.C. App. 2405(j)), and as receive the visa. The collection of social their country of nationality) travel, if it continued in effect by Executive Order appears to the consular officer that the media platforms and identifiers will not 13222 of August 17, 2001, section applicant has been in an area while the be used to deny visas based on 620A(a) of the Foreign Assistance Act of area was under the operational control applicants’ race, religion, ethnicity, 1961, Public Law 87–195, as amended of a terrorist organization as defined in national origin, political views, gender, (22 U.S.C. 2371(c)), and section 40(f) of section 212(a)(3)(B)(vi) of the or sexual orientation. the Arms Export Control Act, Public Immigration and Nationality Act, 8 Methodology Law 90–629, as amended (22 U.S.C. U.S.C. 1182(a)(3)(B)(vi). Applicants may 2780(f)), I hereby determine that the be asked to recount or explain the Department of State consular officers Democratic People’s Republic of Korea details of their travel, and when at visa-adjudicating posts worldwide (DPRK) has repeatedly provided support possible, provide supporting will ask the proposed additional for acts of international terrorism. documentation. questions to resolve questions about an This information collection continues This notice shall be published in the applicant’s identity or to vet for Federal Register. implementation of the directive of the terrorism, national security-related, or President, in the Memorandum for the other visa ineligibilities when the Dated: November 17, 2017. Secretary of State, the Attorney General, consular officer determines that the Rex W. Tillerson, the Secretary of Homeland Security of circumstances of a visa applicant, a Secretary of State. March 6, 2017, to implement additional review of a visa application, or protocols and procedures focused on [FR Doc. 2017–25547 Filed 11–24–17; 8:45 am] responses in a visa interview indicate a BILLING CODE 4710–AD–P ‘‘ensur[ing] the proper collection of all need for greater scrutiny. The additional information necessary to rigorously questions may be sent electronically to evaluate all grounds of inadmissibility the applicant or be presented orally or or deportability, or grounds for the in writing at the time of the interview. denial of other immigration benefits.’’ In STATE JUSTICE INSTITUTE Consular officers will be mindful that, substance, this proposed collection is the same as the collection that was unlike some other forms of personal SJI Board of Directors Meeting, Notice requested through the emergency information required from visa AGENCY: procedures in May 2017. The emergency applicants, social media identifiers may State Justice Institute. afford the user anonymity. Posts will approval limited the collection to a ACTION: Notice of meeting. temporary six month approval, and assess their respective operating environments and collect the social these materials seek to extend that SUMMARY: The SJI Board of Directors media identifier information from approval for three years. Consular posts will be meeting on Monday, December applicants in a manner that best worldwide regularly engage with U.S. 4, 2017 at 1:00 p.m. The meeting will be law enforcement and partners in the safeguards its transmission from applicant to post. In furtherance of this held at SJI Headquarters in Reston, U.S. intelligence community to identify Virginia. The purpose of this meeting is characteristics of applicant populations collection, consular officers are directed to consider grant applications for the 1st warranting increased scrutiny. The not to request user passwords; engage or quarter of FY 2018, and other business. additional information collected will interact with individual visa applicants All portions of this meeting are open to facilitate consular officer efforts to apply on or through social media when more rigorous evaluation of these conducting assessments of visa the public. applicants for visa ineligibilities. In eligibility; not to violate or attempt to ADDRESSES: State Justice Institute accordance with existing authorities, violate individual privacy settings or Headquarters, 11951 Freedom Drive, visas may not be denied on the basis of controls; and not to use social media or Suite 1020, Reston, Virginia 20190. race, religion, ethnicity, national origin, assess an individual’s social media political views, gender, or sexual presence beyond established FOR FURTHER INFORMATION CONTACT: orientation. Department guidance. Consular staff are Jonathan Mattiello, Executive Director, Based upon the data since this also directed in connection with this State Justice Institute, 11951 Freedom collection began implementation in May collection to take particular care to Drive, Suite 1020, Reston, VA 20190, 2017, the Department estimates that avoid collection of third-party 571–313–8843, [email protected]. 70,500 applicants annually will be information when conducting any social Jonathan D. Mattiello, requested to respond to this collection. media reviews. The Department bases this estimate on Executive Director. the fact that consular officers worldwide Edward Ramotowski, [FR Doc. 2017–25534 Filed 11–24–17; 8:45 am] asked an approximately 25,000 Deputy Assistant Secretary, Bureau of BILLING CODE P applicants questions contained in this Consular Affairs, Department of State. information collection between May [FR Doc. 2017–25490 Filed 11–24–17; 8:45 am] 2017 and October 2, 2017. BILLING CODE 4710–06–P

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SURFACE TRANSPORTATION BOARD and cost data), and § 1152.22(i) (draft condition will be set by a future Board Federal Register notice); waiver of the decision upon resolution of the [Docket No. AB 1258] requirement under 49 CFR 1152.29(e)(2) discovery issues. Alloy Property Company, LLC— that the abandonment be consummated All filings in response to this notice Adverse Abandonment—Chicago within one year after the abandonment must refer to Docket No. AB 1258 and application; and exemption from 49 Terminal Railroad in Chicago, Ill. must be sent to: (1) Surface U.S.C. 10904 and waiver of 49 CFR Transportation Board, 395 E Street SW., On October 11, 2017, Alloy Property 1152.27, which govern an offer of Company, LLC (Alloy or Applicant), financial assistance (OFA) to continue Washington, DC 20423–0001; (2) Alloy’s filed an application under 49 U.S.C. common carrier rail service. counsel, Matthew J. Warren, Sidley 10903 requesting that the Surface Alloy states that the Line does not Austin LLP, 1501 K Street NW., Transportation Board (Board) authorize contain federally granted rights-of-way. Washington, DC 20005. the third-party, or adverse, Any documentation in Alloy’s Filings may be submitted either via abandonment of approximately 2.625 possession will be made available the Board’s e-filing format or in the miles of the remaining portions of the promptly to those requesting it. Alloy’s traditional paper format. Any person C&E and Bloomingdale lines of the entire case-in-chief for adverse using e-filing should comply with the Chicago Terminal Railroad Company abandonment was filed with the instructions found on the Board’s (CTM) in Chicago, Cook County, Ill. (the application. ‘‘www.stb.gov’’ Web site, at the ‘‘E- Line). The Line originates at the western Alloy states that there is no ongoing FILING’’ link. Any person submitting a side of North Elston Avenue and rail service on the Line, so there would filing in the traditional paper format be no employees affected by an adverse proceeds east and south to Goose Island should send the original and 10 copies to a terminus near the intersection of abandonment. Nevertheless, the of the filing to the Board with a North Branch Street and Halsted Street. interests of any railroad employees will certificate of service. Except as There are no stations associated with be protected by the conditions set forth the Line. The Line traverses United in Oregon Short Line Railroad— otherwise set forth in 49 CFR pt. 1152, States Postal Service Zip Codes 60614 Abandonment Portion Goshen Branch every document filed with the Board and 60642. The application is available Between Firth & Ammon, in Bingham & must be served on all parties to this on the Board’s Web site at http:// Bonneville Counties, Idaho, 360 I.C.C. adverse abandonment and www.stb.gov, or a copy can be secured 91 (1979). discontinuance proceeding. 49 CFR from Alloy’s counsel, whose name and Any interested person may file either 1104.12(a). address appear below. written comments concerning the An environmental assessment (EA) Alloy recently purchased property in proposed adverse abandonment and prepared by the Board’s Office of the North Branch area of Chicago and discontinuance, or protests (including Environmental Analysis (OEA) was portions of Alloy’s property are protestant’s entire opposition case). served on November 13, 2017. Any traversed by the Line. According to Persons who may oppose the proposed other persons who would like to obtain Alloy, no rail shipments have originated adverse abandonment and a copy of the EA may contact OEA by or terminated on the Line since January discontinuance but who do not wish to phone at the number listed below. The 2015. Alloy states that any businesses participate fully in the process by deadline for submission of comments on on the Line that once could have used submitting verified statements of the EA is December 11, 2017. The rail transportation have ceased witnesses containing detailed evidence comments received will be addressed in operations, relocated, or converted to should file comments. Persons opposing the use of non-rail transportation. Alloy the proposed adverse abandonment and the Board’s decision. A supplemental also states that its application is discontinuance who wish to participate EA may be issued where appropriate. supported by local landowners and the actively and fully in the process should Persons seeking further information City of Chicago. file a protest, observing the filing, concerning abandonment and In a decision served on August 16, service, and content requirements of 49 discontinuance procedures may contact 2017, Alloy was granted exemptions CFR 1152.25. In a decision served the Board’s Office of Public Assistance, from several statutory provisions as well October 25, 2017, a discovery dispute Governmental Affairs and Compliance as waivers of certain Board regulations between the parties was referred to an at (202) 245–0238 or refer to the full at 49 CFR pt. 1152 that were not Administrative Law Judge at the Federal abandonment/discontinuance relevant to its adverse abandonment Energy Regulatory Commission. A regulations at 49 CFR pt. 1152. application or that sought information deadline for comments concerning the Questions concerning environmental not available to it. Specifically, Alloy proposed adverse abandonment and issues may be directed to OEA at (202) was granted an exemption from 49 discontinuance, as well as any reply 245–0305. Assistance for the hearing U.S.C. 10903(c)(2) and waiver of 49 from Alloy, will be set by a future Board impaired is available through the CFR§ 1152.10–14 and § 1152.24(e)(1) decision upon resolution of the Federal Information Relay Service pertaining to System Diagram Maps; discovery issues. (FIRS) at 1–800–877–8339. exemption from 49 U.S.C. 10903(a)(3)(B) Any request for an interim trail use/ and waiver of 49 CFR 1152.20(a)(3) railbanking condition under 16 U.S.C. Board decisions and notices are regarding posting at stations and 1247(d) and 49 CFR 1152.29 should available on our Web site at terminals; waiver of 49 CFR 1152.21 address whether the issuance of a ‘‘WWW.STB.GOV.’’ pertaining to the form of the notice of certificate of interim trail use in this Decided: November 21, 2017. intent; waiver and modification of case would be consistent with the grant By the Board, Scott M. Zimmerman, Acting certain required elements in an adverse of an adverse abandonment and Director, Office of Proceedings. abandonment application, specifically discontinuance application. Each trail 49 CFR 1152.22(a)(5) (SDM use request must be accompanied by a Jeffrey Herzig, information), § 1152.22(b) (condition of $300 filing fee. See 49 CFR Clearance Clerk. property), § 1152.22(c) (service 1002.2(f)(27). A deadline for any request [FR Doc. 2017–25512 Filed 11–24–17; 8:45 am] provided), and § 1152.22(d) (revenue for an interim trail use/railbanking BILLING CODE 4915–01–P

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DEPARTMENT OF TRANSPORTATION Ground Floor, Room W12–140, Estimated Number of Respondents: Washington, DC 20590 between 9 a.m. 500 CMV drivers (250 each of freight Federal Motor Carrier Safety and 5 p.m., Monday through Friday, drivers and passenger bus drivers). Administration except Federal holidays. Estimated Time per Response: The [Docket No. FMCSA–2017–0313] Instructions: All submissions must estimated average time for a driver to include the Agency name and the complete the survey is 20 minutes. 60-Day Notice of Proposed Information docket number. For detailed Expiration Date: N/A. This is a new Collection: Driver Commuting instructions on submitting comments, information collection request (ICR). Practices Survey see the Public Participation heading Frequency of Response: This survey below. Note that all comments received requires a one-time response per CMV AGENCY: Federal Motor Carrier Safety will be posted without change to http:// operator, with an estimated total of 500 Administration (FMCSA), DOT. www.regulations.gov, including any respondents (250 each of freight drivers ACTION: Notice and request for personal information provided. Please and passenger bus drivers). comments. see the Privacy Act heading below. Estimated Total Annual Burden: The Docket: For access to the docket to estimated total annual burden is 166.7 SUMMARY: FMCSA is seeking approval read background documents or hours, or $3,945.79 (based on an average from the Office of Management and comments received, go to http:// labor cost of $23.67 per hour for each Budget (OMB) for the information www.regulations.gov, and follow the responding driver). collection described below. In online instructions for accessing the accordance with the Paperwork I. Background dockets, or go to the street address listed Reduction Act, FMCSA is requesting above. On December 4, 2015, the FAST Act comment from all interested parties on Privacy Act: In accordance with 5 was signed into law (Pub. L. 114–94,129 the proposed collection of information. U.S.C. 553(c), DOT solicits comments Stat. 1312, 1557 (Dec. 4, 2015)). Section The purpose of this notice is to allow for from the public to better inform its 5515 of the FAST Act directs the 60 days of public comment. FMCSA Administrator to ‘‘conduct a FMCSA proposes a survey to inquire rulemaking process. DOT posts these comments, without edit, including any study on the safety effects of motor about driver commuting practices to carrier operator commutes exceeding fulfill Section 5515 of the Fixing personal information the commenter provides, to www.regulations.gov, as 150 minutes’’ (subsection (a)). The Act America’s Surface Transportation Act, further specifies that a report containing 2015 (FAST Act). Section 5515 of the described in the system of records notice (DOT/ALL–14 FDMS), which can the findings of this study should be FAST Act requires FMCSA to conduct submitted to Congress no later than 18 a study on the safety effects of motor be reviewed at www.dot.gov/privacy. Public Participation: The Federal months after the date of enactment of carrier operator commutes exceeding the Act (subsection (b)). FMCSA must 150 minutes. The administrator is then eRulemaking Portal is available 24 hours each day, 365 days each year. You complete this information collection to required to submit a report to Congress the meet the specified congressional containing the findings of the study. can obtain electronic submission and retrieval help and guidelines under the requirements set forth in the FAST Act. The survey proposed within this Additionally, during the 114th information collection request is seeking ‘‘help’’ section of the Federal eRulemaking Portal Web site. If you Congress (2015–2016), legislation to gather information on the prevalence entitled the Truck Safety Act was of excessive (greater than 150 minutes) want us to notify you that we received your comments, please include a self- introduced. This legislation provided driver commuting in the commercial greater context to inform study of this motor vehicle (CMV) industry, addressed, stamped envelope or postcard, or print the acknowledgement area (S. 1739, 114th Cong. § 7) by including the number and percentage of proposing the following: drivers who commute; the distances page that appears after submitting traveled, time zones crossed, time spent comments online. Comments received after the comment closing date will be SECTION. 7. STUDY ON COMMERCIAL commuting, and methods of MOTOR VEHICLE DRIVER COMMUTING. transportation used; research on the included in the docket and will be considered to the extent practicable. (a) EFFECTS OF EXCESSIVE impact of excessive commuting on COMMUTING.—The Administrator of the safety and CMV driver fatigue; and the FOR FURTHER INFORMATION CONTACT: FMCSA shall conduct a study of the effects commuting practices of CMV drivers Nicole Michel, Research Division, of excessive commuting on safety and and policies of motor carriers. Federal Motor Carrier Safety commercial motor vehicle driver fatigue. DATES: Comments must be received on Administration, 1200 New Jersey (b) STUDY.—In conducting the study, the or before January 26, 2018. Avenue SE., Washington, DC 20590– Administrator shall consider— 0001, by email at nicole.michel@ (1) the prevalence of excessive driver ADDRESSES: You may submit comments commuting in the commercial motor vehicle bearing the Federal Docket Management dot.gov, or by telephone at (202) 366– 4354. If you have questions on viewing industry, including the number and System (FDMS) Docket ID FMCSA– percentage of drivers who commute; 2017–0313 using any of the following or submitting material to the docket, (2) the distances traveled, time zones methods: contact Docket Services, telephone (202) crossed, time spent commuting, and methods • Federal eRulemaking Portal: http:// 366–9826. of transportation used; www.regulations.gov. Follow the online SUPPLEMENTARY INFORMATION: (3) research on the impact of excessive instructions for submitting comments. Title: Impact of Driver Commuting on commuting on safety and commercial motor • Fax: 1–202–493–2251. Safety vehicle driver fatigue; • Mail: Docket Operations, U.S. OMB Control Number: 2126–00XX. (4) the commuting practices of commercial Department of Transportation, 1200 Type of Request: New information motor vehicle drivers and policies of motor carriers; New Jersey Ave. SE., West Building, collection. (5) the FMCSA regulations, policies, and Ground Floor, Room W12–140, Respondents: A random sample of guidance regarding excessive driver Washington, DC 20590–0001. licensed CMV operators, to include both commuting; and • Hand Delivery or Courier: 1200 freight operators and those with a (6) any other matters the Administrator New Jersey Avenue SE., West Building, passenger bus endorsement. considers appropriate.

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In the past two decades, as the augmented with the drivers’ last known Issued under the authority delegated in 49 number of workers has increased and mailing address, obtained by cross- CFR 1.87 on: November 17, 2017. the distance to affordable housing has referencing Commercial Driver’s License G. Kelly Regal, also increased in most metropolitan Information System (CDLIS) data with Associate Administrator, Office of Research areas, commuting times have increased the licensing States’ CDL driver and Information Technology. in the United States. According to the histories. The samples will be divided [FR Doc. 2017–25526 Filed 11–24–17; 8:45 am] 1 2015 Urban Mobility Scorecard, travel into one list for drivers who operate (or BILLING CODE 4910–EX–P delays due to traffic congestion caused previously operated) freight vehicles drivers to waste more than 3 billion and a second list for those who drive (or gallons of fuel and kept travelers stuck previously drove) passenger-carrying DEPARTMENT OF TRANSPORTATION in their cars for nearly 7 billion extra vehicles. hours (42 hours per rush-hour 2. Using a mail-Web methodology, the Federal Motor Carrier Safety commuter). driver commute survey will be sent out Administration Long commuting times can adversely by the research team, on behalf of affect commercial motor vehicle (CMV) FMCSA, to the 12,000 selected drivers [Docket No. FMCSA–2017–0025] drivers in multiple ways, for example: identified in step 1. These drivers will • Compromising off-duty time. Long be solicited to complete an online Qualification of Drivers; Exemption commuting times can reduce a driver’s survey, using a recruitment letter (with Applications; Vision available off-duty time for sleep and a $2 pre-incentive), a reminder postcard, personal activities. This can lead to and a second follow-up letter. The letter AGENCY: Federal Motor Carrier Safety excessive fatigue while on duty, creating will inform the drivers that they will Administration (FMCSA), DOT. safety concerns for both the CMV driver receive a check for $10 upon completion ACTION: Notice of denials. and other drivers on the roads. of the survey, which is expected to • Impacting driver health. A recent average 20 minutes to complete. Our SUMMARY: FMCSA announces its study was conducted that monitored initial expectation is that 4.17 percent of decision to deny applications from 109 4,297 adults from 12 metropolitan Texas the 12,000 (500) will complete the individuals who requested an counties. In this region, 90 percent of survey on the Web. The burden analysis exemption from the vision standard in people commute to work. The study is based on this figure of 500 responses. the Federal Motor Carrier Safety found that the drivers who have long Regulations (FMCSRs) to operate a CMV III. Paperwork Reduction Act commuting times were more likely to in interstate commerce. have poor cardiovascular health and be The Paperwork Reduction Act of 1995 FOR FURTHER INFORMATION CONTACT: Ms. less physically fit.2 This study showed (the PRA) (44 U.S.C. 3501–3520) Christine A. Hydock, Chief, Medical that people who commute long prohibits agencies from conducting Programs Division, (202) 366–4001, distances to work weigh more, are less information collection (IC) activities [email protected], FMCSA, physically active, and have higher blood until they analyze the need for the Department of Transportation, 1200 pressure. collection of information and how the The objective of the survey proposed collected data will be managed. New Jersey Avenue SE., Room W64– in this ICR is to learn more about the Agencies must also analyze whether 224, Washington, DC 20590–0001. following CMV driver characteristics: technology could be used to reduce the Office hours are from 8:30 a.m. to 5 • Work history; burden imposed on those providing the p.m., ET, Monday through Friday, • Commuting time, transportation data. The Agency must estimate the except Federal holidays. mode, and recording of that time; time burden required to respond to the SUPPLEMENTARY INFORMATION: • Driving schedules; IC requirements, such as the time • Rests and breaks; I. Electronic Access • required to complete a particular form. Miles driven annually; and The Agency submits its IC analysis and • Demographics. You may see all the comments online burden estimate to OMB as a formal through the Federal Document II. Data Collection Plan ICR; the Agency cannot conduct the Management System (FDMS) at: http:// The information collection is a one- information collection until OMB www.regulations.gov. time, Web-based collection, including approves the ICR. Docket: For access to the docket to surveys of current and past drivers of V. Request for Public Comments read background documents or freight and passenger vehicles. The comments, go to http:// FMCSA asks for comment on the IC survey will be entirely online. There www.regulations.gov and/or Room requirements of this study. Comments will be no paper survey. The general W12–140 on the ground level of the can be submitted to the docket as survey approach and design is as West Building, 1200 New Jersey Avenue outlined under ADDRESSES at the follows: SE., Washington, DC, between 9 a.m. beginning of this notice. You are asked 1. FMCSA will provide a random and 5 p.m., ET, Monday through Friday, to comment on any aspect of this sample of 12,000 drivers based on except Federal holidays. recent Motor Carrier Management information collection, including: 1. Whether the proposed collection is Privacy Act: In accordance with 5 Information System (MCMIS) data, necessary for the performance of U.S.C. 553(c), DOT solicits comments FMCSA’s functions. from the public to better inform its 1 Schrank, David; Eisele, Bill; Lomax, Tim; and rulemaking process. DOT posts these Bak, Jim. (2015.) 2015 Urban Mobility Scorecard. 2. The accuracy of the estimated Texas A&M Transportation Institute and Inrix, Inc., burden. comments, without edit, including any available at: http://static.tti.tamu.edu/tti.tamu.edu/ 3. Ways for FMCSA to enhance the personal information the commenter documents/mobility-scorecard-2015.pdf. quality, usefulness, and clarity of the provides, to http://www.regulations.gov, 2 Hoehner, Christine; Barlow, Carolyn; Allen, Peg; collected information. as described in the system of records and Schootman, Mario. (2012.) Commuting Distance, Cardiorespiratory Fitness, and Metabolic 4. Ways that the burden could be notice (DOT/ALL–14 FDMS), which can Risk. American Journal of Preventive Medicine minimized without reducing the quality be reviewed at http://www.dot.gov/ 42(6): 571–578. of the collected information. privacy.

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II. Background Teorie K. Evans (IN) Frank M. Howell (PA) Dwayne S. Tiffany (UT) FMCSA received applications from Justin S. Gantt (NC) 109 individuals who requested an Brad K. Humphrey (OH) The following six applicants were exemption from the vision standard in Matthew W. Jordan (TN) denied for multiple reasons: the FMCSRs. Matthew J. LaFeldt (MI) Russell D. Kraemer (MO) FMCSA has evaluated the eligibility Alex W. Leath (VA) Julie D. Larson (WY) of these applicants and concluded that Jerry P. Ledet, Jr. (LA) Larry D. Neely (IL) granting these exemptions would not Richard K. Lowman (PA) Richard Nielsen (IL) provide a level of safety that would be Erik D. Manz (OK) Philip P. Phegley (IN) Kenneth E. Warbington (GA) equivalent to or greater than, the level Carlos R. McCarthy (NH) of safety that would be obtained by Mark L. Meriweather (KY) The following two applicants have complying with the regulation 49 CFR Mark W. Modzelewski (NJ) not had stable vision for the preceding 391.41(b)(10). Jerry Nicolas (NJ) three year period: Jose A. Ortega (FL) Donald L. Shay (MO) III. Basis for Exemption Determination Michael T. Quiggins (IN) Norris V. Watson (AL) Under 49 U.S.C. 31136(e) and 31315, Gary M. Shoultz (IN) The following three applicants met FMCSA may grant an exemption for two Kerry S. Staker (WY) the current federal vision standards. years if it finds ‘‘such an exemption Sherwood W. Swick (ID) Exemptions are not required for would likely achieve a level of safety Brian Thompson (KY) applicants who meet the current that is equivalent to, or greater then, the Robby L. Tovrea (IA) regulations for vision: level that would be achieved absent Jimmy Travis (NJ) Earl T. Baker (KY) such an exemption.’’ James E. Turturici (AL) Ryan S. Stauffer (MT) The Agency’s decision regarding these Rodney J. Watkins (NC) Robert Williams (NC) exemption applications is based on the The following 18 applicants did not The following 27 applicants will not eligibility criteria, the terms and have three years of experience driving a be driving interstate, intrastate conditions for Federal exemptions, and CMV on public highways with their commerce, or are not required to carry an individualized assessment of each vision deficiencies: a DOT medical card: applicant’s medical information Samuel J. Bagwell (MO) Percy L. Anderson (IL) provided by the applicant. Denis Cuzimencov (NC) Michael Beaudoin (TX) IV. Conclusion Howard R. Funderburk (WA) Victor M. Benedith (NY) Lonnie J. Gaines (MD) Mingle Blake (FL) The Agency has determined that these DeMario D. Gordon (TX) Ernesto Castillo (CA) applicants do not satisfy the criteria Stephen L. Hickinson (NJ) Randolph L. Davidson (CA) eligibility or meet the terms and James S. Hosmer (AL) William A. Dickinson (WA) conditions of the Federal exemption and John K. Johnson (TX) Charles M. Dixon, Jr. (OH) granting these exemptions would not Shane E. Johnson (KY) David A. Faudoa (AZ) provide a level of safety that would be John E. Lewis (IN) Kenneth A. Floyd (FL) equivalent to or greater than, the level Robert E. McMahon (NV) Maxie L. Gentry (VA) Bryan K. Hall (NY) of safety that would be obtained by Rodolfo D. Meza (MD) complying with the regulation 49 CFR James C. Hall (WA) Georgio D. Rapposelli (PA) Jamahon L. Henderson (OH) 391.41(b)(10). Therefore, the 109 Darrel J. Roy (WA) applicants in this notice have been Antonio Ibarrah-Ramirez (OK) Michael D. Saltsman (KY) Lon J. Knoshal (MN) denied exemptions from the physical Curtis L. Shivers (IL) qualification standards in 49 CFR Brent D. Landry (LA) Adam L. Temple (GA) Donald B. Marsh (MD) 391.41(b)(10). Stephen Wilson (PA) Chris G. Mosley (SC) Each applicant has, prior to this The following eight applicants did not Jonathan P. Mott (WI) notice, received a letter of final have three years of recent experience Javier T. Ramirez (TX) disposition regarding his/her exemption driving a CMV with the vision Edward H. Riglioni, Jr. (FL) request. Those decision letters fully deficiency: Francisco L. Rodriguez (CA) outlined the basis for the denial and Jason S. Spurlock, Sr. (LA) Joseph R. Burroughs (AL) constitute final action by the Agency. Roger L. Sutton (LA) This notice summarizes the Agency’s Allen E. Jennings (ID) Efrain S. Villalobos (CA) recent denials as required under 49 Michael S. Lomax (LA) Anthony W. Zwolinski (MI) Brian K. Manca (MA) U.S.C. 31315(b)(4) by periodically The following five applicants perform Charles Reid (NJ) publishing names and reasons for transportation for the Federal Ernest M. Smith, Jr. (LA) denial. government, state, or any political sub- Thomas VanPool (OK) The following 33 applicants had no division of the state: Danny R. Wood (NC) experience operating a CMV: Nathan N. Botsch (AZ) The following seven applicants did Leaslie T. Allen (SC) Derrick A. Hardy (DC) Harryson F.R. Barragan (CA) not have sufficient driving experience Lindsey Manzi (PA) Ken A. Barrow (LA) during the past three years under Jeffery Radermacher (ND) Corey A. Becker (NE) normal highway operating conditions John R.A. Taylor (VA) Kathryn W. Brunt-Avunduk (NJ) (gaps in driving record): Speedi G. Burrell (RI) Robie F. Abbott (WV) Issued on: November 17, 2017. Indigo J. Curtis (GA) David J. Carter (OR) Larry W. Minor, Larry D. Darden (NC) John M. Ford (NY) Associate Administrator for Policy. Collin J. D’Brant (NY) Joseph B. Fullen (TX) [FR Doc. 2017–25522 Filed 11–24–17; 8:45 am] Abdulrahman M. Edle (MN) Abdulsalam M. Halool (MI) BILLING CODE 4910–EX–P

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DEPARTMENT OF TRANSPORTATION II. Background hypoglycemic episodes in the past five On August 24, 2017, FMCSA years. In each case, an endocrinologist Federal Motor Carrier Safety published a notice announcing receipt verified that the driver has Administration of applications from 43 individuals demonstrated a willingness to properly requesting an exemption from diabetes monitor and manage his/her diabetes mellitus, received education related to [FMCSA Docket No. FMCSA–2017–0042] requirement in 49 CFR 391.41(b)(3) and diabetes management, and is on a stable requested comments from the public (82 Qualification of Drivers; Exemption insulin regimen. These drivers report no FR 40215). The public comment period Applications; Diabetes Mellitus other disqualifying conditions, ended on September 25, 2017, and one including diabetes related comment was received. AGENCY: Federal Motor Carrier Safety complications. Each meets the vision FMCSA has evaluated the eligibility Administration (FMCSA), DOT. requirement at 49 CFR 391.41(b)(10). ACTION: Notice of final disposition. of these applicants and determined that Consequently, FMCSA finds that in granting the exemptions to these each case exempting these applicants SUMMARY: FMCSA announces its individuals would achieve a level of from the diabetes requirement in 49 CFR decision to exempt 43 individuals from safety equivalent to or greater than the 391.41(b)(3) is likely to achieve a level the prohibition in the Federal Motor level that would be achieved by of safety equal to that existing without Carrier Safety Regulations (FMCSRs) complying with the current regulation the exemption. against persons with insulin-treated 49 CFR 391.41(b)(3). diabetes mellitus (ITDM) from operating The physical qualification standard V. Conditions and Requirements a commercial motor vehicle (CMV) in for drivers regarding diabetes found in The terms and conditions of the interstate commerce. The exemptions 49 CFR 391.41(b)(3) states that a person exemption are provided to the enable these individuals with ITDM to is physically qualified to drive a CMV applicants in the exemption document operate CMVs in interstate commerce. if that person has no established and includes the following: (1) Each DATES: The exemptions were applicable medical history or clinical diagnosis of driver must submit a quarterly on September 26, 2017. The exemptions diabetes mellitus currently requiring monitoring checklist completed by the expire on September 26, 2019. insulin for control. treating endocrinologist as well as an annual checklist with a comprehensive FOR FURTHER INFORMATION CONTACT: Ms. III. Discussion of Comments medical evaluation; (2) each driver must Christine A. Hydock, Chief, Medical FMCSA received one comment in this report within two business days of Programs Division, (202) 366–4001, proceeding. Vicky Johnson stated that occurrence, all episodes of severe [email protected], FMCSA, Minnesota DVS has no objections in hypoglycemia, significant Department of Transportation, 1200 granting exemptions to the following complications, or inability to manage New Jersey Avenue SE., Room W64– Minnesota drivers: Bradley S. Hanson, diabetes; also, any involvement in an 224, Washington, DC 20590–0001. Mutasim S. Mohamed, and Jacob T. accident or any other adverse event in Office hours are from 8:30 a.m. to 5 Streifel. a CMV or personal vehicle, whether or p.m., ET, Monday through Friday, not it is related to an episode of except Federal holidays. If you have IV. Basis for Exemption Determination hypoglycemia; (3) each driver must questions regarding viewing or Under 49 U.S.C. 31136(e) and 31315, provide a copy of the ophthalmologist’s submitting material to the docket, FMCSA may grant an exemption from or optometrist’s report to the Medical contact Docket Services, telephone (202) the diabetes standard in 49 CFR Examiner at the time of the annual 366–9826. 391.41(b)(3) if the exemption is likely to medical examination; and (4) each SUPPLEMENTARY INFORMATION: achieve an equivalent or greater level of driver must provide a copy of the safety than would be achieved without I. Electronic Access annual medical certification to the the exemption. The exemption allows employer for retention in the driver’s You may see all the comments online the applicants to operate CMVs in qualification file, or keeping a copy in through the Federal Document interstate commerce. his/her driver’s qualification file if he/ Management System (FDMS) at: http:// The Agency’s decision regarding these she is self-employed. The driver must www.regulations.gov. exemption applications is based on the also have a copy of the exemption when Docket: For access to the docket to program eligibility criteria and an driving, for presentation to a duly read background documents or individualized assessment of authorized Federal, State, or local comments, go to http:// information submitted by each enforcement official. www.regulations.gov and/or Room applicant. The qualifications, W12–140 on the ground level of the experience, and medical condition of VI. Preemption West Building, 1200 New Jersey Avenue each applicant were stated and During the period the exemption is in SE., Washington, DC, between 9 a.m. discussed in detail in the August 24, effect, no State shall enforce any law or and 5 p.m., ET, Monday through Friday, 2017, Federal Register notice (82 FR regulation that conflicts with this except Federal holidays. 40215) and will not be repeated in this exemption with respect to a person Privacy Act: In accordance with 5 notice. operating under the exemption. U.S.C. 553(c), DOT solicits comments These 43 applicants have had ITDM from the public to better inform its over a range of one to 29 years. These VII. Conclusion rulemaking process. DOT posts these applicants report no severe Based upon its evaluation of the 43 comments, without edit, including any hypoglycemic reactions resulting in loss exemption applications, FMCSA personal information the commenter of consciousness or seizure, requiring exempts the following drivers from the provides, to http://www.regulations.gov, the assistance of another person, or diabetes requirement in 49 CFR as described in the system of records resulting in impaired cognitive function 391.41(b)(10), subject to the notice (DOT/ALL–14 FDMS), which can that occurred without warning requirements cited above: be reviewed at http://www.dot.gov/ symptoms, in the past 12 months and no David G. Anderton (AK) privacy. recurrent (two or more) severe John N. Bailey, III (FL)

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Wells R. Betts (DE) DEPARTMENT OF TRANSPORTATION Monday through Friday, except Federal Clyde R. Bigam, Jr. (KS) Holidays. Federal Motor Carrier Safety • Fax: 1–202–493–2251. Sten R. Brote (MA) Administration Instructions: Each submission must Michele D. Budrys (MA) include the Agency name and the [Docket No. FMCSA–2015–0118] Keith P. Burk (PA) docket number(s) for this notice. Note Robert E. Conner (OH) Qualification of Drivers; Exemption that all comments received will be George L. Coombs, Jr. (NH) Applications; Epilepsy and Seizure posted without change to http:// www.regulations.gov, including any Isaiah B. Deal (ND) Disorders personal information provided. Please James M. Doiron (FL) AGENCY: Federal Motor Carrier Safety see the Privacy Act heading below for Daniel T. Gazalie (PA) Administration (FMCSA), DOT. further information. Gary V. Grimm (CA) ACTION: Notice of renewal of Docket: For access to the docket to Joe A. Gritten (IN) exemptions; request for comments. read background documents or comments, go to http:// Bradley S. Hanson (MN) SUMMARY: FMCSA announces its www.regulations.gov at any time or Paul F. Herburger (IA) decision to renew exemptions for three Room W12–140 on the ground level of Robert H. Hopper (MO) individuals from the requirement in the the West Building, 1200 New Jersey Rhonda V. Howe (PA) Federal Motor Carrier Safety Avenue SE., Washington, DC, between 9 Melvin L. Hutcheson (AL) Regulations (FMCSRs) that interstate a.m. and 5 p.m., ET, Monday through Tyler W. Keel (TX) commercial motor vehicle (CMV) Friday, except Federal holidays. The drivers have ‘‘no established medical FDMS is available 24 hours each day Wyatt E.S. Kitchens (GA) history or clinical diagnosis of epilepsy ET, 365 days each year. If you want Gerald A. Korkow (SD) or any other condition which is likely acknowledgment that we received your Richard B. Maurer (PA) to cause loss of consciousness or any comments, please include a self- James M. McDonald (IA) loss of ability to control a CMV.’’ The addressed, stamped envelope or Mutasim Y.S. Mohamed (MN) exemptions enable these individuals postcard or print the acknowledgement who have had one or more seizures and page that appears after submitting Paul S. Montell (PA) are taking anti-seizure medication to comments online. James R. Pemberton (NJ) continue to operate CMVs in interstate Privacy Act: In accordance with 5 Charles E. Perdue, Jr. (OH) commerce. U.S.C. 553(c), DOT solicits comments Christopher L. Recla (WI) DATES: The exemptions were applicable from the public to better inform its Jon C. Reeves (OR) on October 22, 2017. The exemptions rulemaking process. DOT posts these comments, without edit, including any Hermes L. Rios (MD) expire on October 22, 2019. Comments personal information the commenter Abimael Rodriguez (CA) must be received on or before December 27, 2017. provides, to http://www.regulations.gov, Dustin A. Rudolfi (PA) as described in the system of records FOR FURTHER INFORMATION CONTACT: Ms. notice (DOT/ALL–14 FDMS), which can Jose A. Sanchez (CO) Christine A. Hydock, Chief, Medical be reviewed at http://www.dot.gov/ James A. Schmidt (MO) Programs Division, 202–366–4001, privacy. Jacob T. Sigmon (IL) [email protected], FMCSA, David C. Stouffer (PA) Department of Transportation, 1200 I. Background Jacob T. Streifel (MN) New Jersey Avenue SE., Room W64– Under 49 U.S.C. 31136(e) and 31315, Jason M. Townsend (OH) 224, Washington, DC 20590–0001. FMCSA may grant an exemption for five Office hours are from 8:30 a.m. to 5 years if it finds ‘‘such exemption would Johann J. Trana (ND) p.m., ET, Monday through Friday, Jacob C. Villa (OR) likely achieve a level of safety that is except Federal holidays. If you have equivalent to or greater than the level Raymond R. Wade (IN) questions regarding viewing or that would be achieved absent such Edwin M. Yereance (NJ) submitting material to the docket, exemption.’’ The statute also allows the contact Docket Services, telephone (202) In accordance with 49 U.S.C. 31136(e) Agency to renew exemptions at the end 366–9826. and 31315, each exemption will be valid of the five-year period. FMCSA grants for two years from the effective date ADDRESSES: You may submit comments exemptions from the FMCSRs for a two- unless revoked earlier by FMCSA. The bearing the Federal Docket Management year period to align with the maximum exemption will be revoked if the System (FDMS) Docket No. FMCSA– duration of a driver’s medical following occurs: (1) The person fails to 2015–0118 using any of the following certification. comply with the terms and conditions methods: The physical qualification standard • of the exemption; (2) the exemption has Federal eRulemaking Portal: Go to for drivers regarding epilepsy found in resulted in a lower level of safety than http://www.regulations.gov. Follow the 49 CFR 391.41(b)(8) states that a person was maintained prior to being granted; online instructions for submitting is physically qualified to drive a CMV or (3) continuation of the exemption comments. if that person has no established • would not be consistent with the goals Mail: Docket Management Facility; medical history or clinical diagnosis of and objectives of 49 U.S.C. 31136(e) and U.S. Department of Transportation, 1200 epilepsy or any other condition which 31315. New Jersey Avenue SE., West Building is likely to cause the loss of Ground Floor, Room W12–140, consciousness or any loss of ability to Issued on: November 17, 2017. Washington, DC 20590–0001. control a CMV. Larry W. Minor, • Hand Delivery: West Building In addition to the regulations, FMCSA Associate Administrator for Policy. Ground Floor, Room W12–140, 1200 has published advisory criteria to assist [FR Doc. 2017–25521 Filed 11–24–17; 8:45 am] New Jersey Avenue SE., Washington, Medical Examiners in determining BILLING CODE 4910–EX–P DC, between 9 a.m. and 5 p.m., ET, whether drivers with certain medical

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conditions are qualified to operate a obtaining an exemption from the DEPARTMENT OF TRANSPORTATION CMV in interstate commerce. [49 CFR epilepsy and seizure disorders part 391, APPENDIX A TO PART 391— prohibition in the FMCSRs for interstate Federal Motor Carrier Safety MEDICAL ADVISORY CRITERIA, CMV drivers: Joshua Abel (MD); Jeremy Administration section H. Epilepsy: § 391.41(b)(8), H. Fryburg (PA); and Anthony E. paragraphs 3, 4, and 5.] Martens (SD). [Docket No. FMCSA–FMCSA–2017–0251] The three individuals listed in this The drivers were included in docket notice have requested renewal of their number FMCSA–2015–0118. Their Qualification of Drivers; Exemption exemptions from the epilepsy and exemptions are applicable as of October Applications; Epilepsy and Seizure seizure disorders prohibition in 49 CFR 22, 2017, and will expire on October 22, Disorders 391.41(b)(8), in accordance with 2019. FMCSA procedures. Accordingly, AGENCY: Federal Motor Carrier Safety FMCSA has evaluated these IV. Conditions and Requirements Administration (FMCSA), DOT. applications for renewal on their merits ACTION: The exemptions are extended subject Notice of denials. and decided to extend each exemption to the following conditions: (1) Each for a renewable two-year period. SUMMARY: FMCSA announces its driver must remain seizure-free and decision to deny applications from 35 II. Request for Comments maintain a stable treatment during the individuals who requested an Interested parties or organizations two-year exemption period; (2) each exemption from the Federal Motor possessing information that would driver must submit annual reports from Carrier Safety Regulations (FMCSRs) otherwise show that any, or all, of these their treating physicians attesting to the prohibiting persons with a clinical drivers are not currently achieving the stability of treatment and that the driver diagnosis of epilepsy or any other statutory level of safety should has remained seizure-free; (3) each condition that is likely to cause a loss immediately notify FMCSA. The driver must undergo an annual medical of consciousness or any loss of ability to Agency will evaluate any adverse examination by a certified Medical operate a commercial motor vehicle evidence submitted and, if safety is Examiner, as defined by 49 CFR 390.5; (CMV) from operating CMVs in being compromised or if continuation of and (4) each driver must provide a copy interstate commerce. the exemption would not be consistent of the annual medical certification to the employer for retention in the FOR FURTHER INFORMATION CONTACT: Ms. with the goals and objectives of 49 Christine A. Hydock, Chief, Medical U.S.C. 31136(e) and 31315, FMCSA will driver’s qualification file, or keep a copy of his/her driver’s qualification file if Programs Division, (202) 366–4001, take immediate steps to revoke the [email protected], FMCSA, exemption of a driver. he/she is self-employed. The driver must also have a copy of the exemption Department of Transportation, 1200 III. Basis for Renewing Exemptions when driving, for presentation to a duly New Jersey Avenue SE., Room W64– In accordance with 49 U.S.C. 31136(e) authorized Federal, State, or local 224, Washington, DC 20590–0001. and 31315, each of the three applicants enforcement official. The exemption Office hours are from 8:30 a.m. to 5 has satisfied the renewal conditions for will be rescinded if: (1) The person fails p.m., ET, Monday through Friday, obtaining an exemption from the to comply with the terms and except Federal holidays. If you have epilepsy and seizure disorders conditions of the exemption; (2) the questions regarding viewing or prohibition. The three drivers in this exemption has resulted in a lower level submitting material to the docket, notice remain in good standing with the of safety than was maintained before it contact Docket Services, telephone (202) Agency, have maintained their medical was granted; or (3) continuation of the 366–9826. monitoring and have not exhibited any exemption would not be consistent with SUPPLEMENTARY INFORMATION: medical issues that would compromise the goals and objectives of 49 U.S.C. I. Electronic Access their ability to safely operate a CMV 31136(e) and 31315. during the previous two-year exemption You may see all the comments online V. Preemption period. In addition, for Commercial through the Federal Document Driver’s License (CDL) holders, the During the period the exemption is in Management System (FDMS) at: http:// Commercial Driver’s License effect, no State shall enforce any law or www.regulations.gov. Information System (CDLIS) and the regulation that conflicts with this Docket: For access to the docket to Motor Carrier Management Information exemption with respect to a person read background documents or System (MCMIS) are searched for crash operating under the exemption. comments, go to http:// and violation data. For non-CDL www.regulations.gov and/or Room holders, the Agency reviews the driving VI. Conclusion W12–140 on the ground level of the records from the State Driver’s Based upon its evaluation of the three West Building, 1200 New Jersey Avenue Licensing Agency (SDLA). These factors exemption applications, FMCSA renews SE., Washington, DC, between 9 a.m. provide an adequate basis for predicting the exemptions of the aforementioned and 5 p.m., ET, Monday through Friday, each driver’s ability to continue to drivers from the epilepsy and seizure except Federal holidays. safely operate a CMV in interstate disorders prohibition in 49 CFR 391.41 Privacy Act: In accordance with 5 commerce. Therefore, FMCSA (b)(8). In accordance with 49 U.S.C. U.S.C. 553(c), DOT solicits comments concludes that extending the exemption 31136(e) and 31315, each exemption from the public to better inform its for each renewal applicant for a period will be valid for two years unless rulemaking process. DOT posts these of two years is likely to achieve a level revoked earlier by FMCSA. comments, without edit, including any of safety equal to that existing without personal information the commenter Issued on: November 17, 2017. the exemption. provides, to http://www.regulations.gov, As of October 22, 2017, and in Larry W. Minor, as described in the system of records accordance with 49 U.S.C. 31136(e) and Associate Administrator for Policy. notice (DOT/ALL–14 FDMS), which can 31315, the following three individuals [FR Doc. 2017–25520 Filed 11–24–17; 8:45 am] be reviewed at http://www.dot.gov/ have satisfied the renewal conditions for BILLING CODE 4910–EX–P privacy.

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II. Background Terrence Aires (CO) with a clinical diagnosis of epilepsy or FMCSA received applications from 35 Zackary Anderson (KS) any other condition that is likely to individuals who requested an Adolfito Arciaga, Jr. (CA) cause a loss of consciousness or any loss exemption from the FMCSRs Melissa N. Barregan (NC) of ability to control a commercial motor prohibiting persons with a clinical Bret R. Calderwood (PA) vehicle (CMV) to drive in interstate diagnosis of epilepsy or any other Paul E. Capozzi (MA) commerce. If granted, the exemptions condition that is likely to cause a loss William F. Castle (IA) would enable these individuals who of consciousness or any loss of ability to Norma Coffin (NY) have had one or more seizures and are operate a CMV from operating CMVs in Joel Duffina (NH) taking anti-seizure medication to interstate commerce. Robert R. Freeman (NC) operate CMVs in interstate commerce. FMCSA has evaluated the eligibility Albert Giovianazzi (NJ) DATES: Comments must be received on of these applicants and concluded that Cecilia L. Gonzalez (CA) or before December 27, 2017. Peter M. Gustey (OR) granting these exemptions would not ADDRESSES: You may submit comments provide a level of safety that would be Phillip W. Helms (NC) Jadwin Johnson (OH) bearing the Federal Docket Management equivalent to or greater than, the level System (FDMS) Docket No. FMCSA– of safety that would be obtained by Franklin King (AR) Buck Konkol (WI) 2017–0252 using any of the following complying with the regulation 49 CFR methods: 391.41(b)(8). Shaun G. McChesney (ND) • Donald McGlamery (NC) Federal eRulemaking Portal: Go to III. Basis for Exemption Determination Anthony J. Melillo (CT) http://www.regulations.gov. Follow the online instructions for submitting Under 49 U.S.C. 31136(e) and 31315, Joseph M. Ruley (IA) Lucas T. Sorey (NC) comments. FMCSA may grant an exemption for five • Robert C. Spencer (FL) Mail: Docket Management Facility; years if it finds such an exemption U.S. Department of Transportation, 1200 would likely achieve a level of safety David J. Tune (MN) Robbie Weiland (WI) New Jersey Avenue SE., West Building that is equivalent to, or greater than, the Ground Floor, Room W12–140, level that would be achieved absent The following applicant did not obtain the support of his physician to Washington, DC 20590–0001. such an exemption. FMCSA grants • Hand Delivery: West Building exemptions from the FMCSRs for a two- operate a vehicle in interstate Ground Floor, Room W12–140, 1200 year period to align with the maximum commerce: New Jersey Avenue SE., Washington, duration of a driver’s medical Taylor Valentine (NY) DC, between 9 a.m. and 5 p.m., ET, certification. The following nine applicants are Monday through Friday, except Federal The Agency’s decision regarding these intrastate drivers: exemption applications is based on the Holidays. Anthony Anello, III (NJ) • eligibility criteria, the terms and Fax: 1–202–493–2251. Sonny Chase (MN) conditions for Federal exemptions, and Instructions: Each submission must Thomas G. Davis (PA) an individualized assessment of each include the Agency name and the Jarel Hathaway (UT) applicant’s medical information docket number(s) for this notice. Note Joe L. King, Jr. (NC) provided by the applicant. that all comments received will be Edward C. McCachren (NJ) posted without change to http:// IV. Conclusion Sean Plover (PA) www.regulations.gov, including any The Agency has determined that these William Swick (MI) personal information provided. Please applicants do not satisfy the criteria Kevin D. Weber (WV) see the Privacy Act heading below for eligibility or meet the terms and Issued on: November 17, 2017. further information. conditions of the Federal exemption and Larry W. Minor, Docket: For access to the docket to granting these exemptions would not Associate Administrator for Policy. read background documents or comments, go to http:// provide a level of safety that would be [FR Doc. 2017–25518 Filed 11–24–17; 8:45 am] equivalent to or greater than, the level www.regulations.gov at any time or BILLING CODE 4910–EX–P of safety that would be obtained by Room W12–140 on the ground level of complying with the regulation 49 CFR the West Building, 1200 New Jersey 391.41(b)(8). Therefore, the 35 DEPARTMENT OF TRANSPORTATION Avenue SE., Washington, DC, between 9 applicants in this notice have been a.m. and 5 p.m., ET, Monday through denied exemptions from the physical Federal Motor Carrier Safety Friday, except Federal holidays. The qualification standards in 49 CFR Administration FDMS is available 24 hours each day, 391.41(b)(8). 365 days each year. If you want Each applicant has, prior to this [Docket No. FMCSA–2017–0252] acknowledgment that we received your notice, received a letter of final Qualification of Drivers; Exemption comments, please include a self- disposition regarding his/her exemption Applications; Epilepsy and Seizure addressed, stamped envelope or request. Those decision letters fully Disorders postcard or print the acknowledgement outlined the basis for the denial and page that appears after submitting constitutes final action by the Agency. AGENCY: Federal Motor Carrier Safety comments online. This notice summarizes the Agency’s Administration (FMCSA), DOT. Privacy Act: In accordance with 5 recent denials as required under 49 ACTION: Notice of applications for U.S.C. 553(c), DOT solicits comments U.S.C. 31315(b)(4) by periodically exemption; request for comments. from the public to better inform its publishing names and reasons for rulemaking process. DOT posts these denial. SUMMARY: FMCSA announces receipt of comments, without edit, including any The following 25 applicants do not applications from two individuals for an personal information the commenter meet the minimum time requirement for exemption from the prohibition in the provides, to http://www.regulations.gov, being seizure-free, either on or off of Federal Motor Carrier Safety as described in the system of records anti-seizure medication: Regulations (FMCSRs) against persons notice (DOT/ALL–14 FDMS), which can

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be reviewed at http://www.dot.gov/ If an individual has had a sudden individuals for exemptions from the privacy. episode of a non-epileptic seizure or regulatory requirement regarding FOR FURTHER INFORMATION CONTACT: Ms. loss of consciousness of unknown cause epilepsy found in 49 CFR 391.41(b)(8). Christine A. Hydock, Chief, Medical that did not require anti-seizure To be considered for an exemption Programs Division, (202) 366–4001, medication, the decision whether that from the epilepsy and seizure disorders [email protected], FMCSA, person’s condition is likely to cause the prohibition in 49 CFR 391.41(b)(8), Department of Transportation, 1200 loss of consciousness or loss of ability applicants must meet the criteria in the New Jersey Avenue SE., Room W64– to control a CMV should be made on an 2007 recommendations of the Agency’s 224, Washington, DC 20590–0001. individual basis by the Medical Medical Expert Panel (MEP) (78 FR Office hours are 8:30 a.m. to 5 p.m., ET, Examiner in consultation with the 3069). Monday through Friday, except Federal treating physician. Before certification is II. Qualifications of Applicants holidays. If you have questions considered, it is suggested that a six- regarding viewing or submitting month waiting period elapse from the David W. Pamperin material to the docket, contact Docket time of the episode. Following the Mr. Pamperin, 55, has a history of a Services, telephone (202) 366–9826. waiting period, it is suggested that the seizure disorder and has remained individual have a complete neurological SUPPLEMENTARY INFORMATION: seizure free since 2006. He takes anti- examination. If the results of the seizure medication, with the dosage and I. Background examination are negative and anti- frequency remaining the same since Under 49 U.S.C. 31136(e) and 31315, seizure medication is not required, then 2007. His physician states that he is FMCSA may grant an exemption from the driver may be qualified. supportive of Mr. Pamperin receiving an the FMCSRs for a five-year period if it In those individual cases where a exemption. driver had a seizure or an episode of finds ‘‘such exemption would likely Sury L. Seijas achieve a level of safety that is loss of consciousness that resulted from equivalent to or greater than the level a known medical condition (e.g., drug Mr. Seijas, 34, has a history of that would be achieved absent such reaction, high temperature, acute epilepsy and has remained seizure free exemption.’’ The statute also allows the infectious disease, dehydration, or acute since 2007. He takes anti-seizure Agency to renew exemptions at the end metabolic disturbance), certification medication, with the dosage and of the five-year period. FMCSA grants should be deferred until the driver has frequency remaining the same since exemptions from the FMCSRs for a two- recovered fully from that condition, has 2007. His physician states that he is year period to align with the maximum no existing residual complications, and supportive of Mr. Seijas receiving an duration of a driver’s medical is not taking anti-seizure medication. exemption. Drivers who have a history of certification. III. Request for Comments The two individuals listed in this epilepsy/seizures, off anti-seizure notice have requested an exemption medication and seizure-free for 10 years, In accordance with 49 U.S.C. 31136(e) from the epilepsy and seizure disorders may be qualified to operate a CMV in and 31315, FMCSA requests public prohibition in 49 CFR 391.41(b)(8). interstate commerce. Interstate drivers comment from all interested persons on Accordingly, the Agency will evaluate with a history of a single unprovoked the exemption petitions described in the qualifications of each applicant to seizure may be qualified to drive a CMV this notice. We will consider all determine whether granting the in interstate commerce if seizure-free comments received before the close of exemption will achieve the required and off anti-seizure medication for a business on the closing date indicated level of safety mandated by statute. five-year period or more. in the dates section of the notice. As a result of Medical Examiners The physical qualification standard IV. Submitting Comments for drivers regarding epilepsy found in misinterpreting advisory criteria as 49 CFR 391.41(b)(8) states that a person regulation, numerous drivers have been You may submit your comments and is physically qualified to drive a CMV prohibited from operating a CMV in material online or by fax, mail, or hand if that person has no established interstate commerce based on the fact delivery, but please use only one of medical history or clinical diagnosis of that they have had one or more seizures these means. FMCSA recommends that epilepsy or any other condition which and are taking anti-seizure medication, you include your name and a mailing is likely to cause the loss of rather than an individual analysis of address, an email address, or a phone consciousness or any loss of ability to their circumstances by a qualified number in the body of your document control a CMV. Medical Examiner based on the physical so that FMCSA can contact you if there In addition to the regulations, FMCSA qualification standards and medical best are questions regarding your has published advisory criteria1 to assist practices. submission. Medical Examiners in determining On January 15, 2013, FMCSA To submit your comment online, go to whether drivers with certain medical announced in a Notice of Final http://www.regulations.gov and in the conditions are qualified to operate a Disposition titled, Qualification of search box insert the docket number CMV in interstate commerce. [49 CFR Drivers; Exemption Applications; FMCSA–2017–0252 and click the search part 391, APPENDIX A TO PART 391— Epilepsy and Seizure Disorders, (78 FR button. When the new screen appears, MEDICAL ADVISORY CRITERIA, 3069), its decision to grant requests from click on the blue ‘‘Comment Now!’’ section H. Epilepsy: § 391.41(b)(8), 22 individuals for exemptions from the button on the right hand side of the paragraphs 3, 4, and 5.] regulatory requirement that interstate page. On the new page, enter The advisory criteria states the CMV drivers have ‘‘no established information required including the following: medical history or clinical diagnosis of specific section of this document to epilepsy or any other condition which which each comment applies, and 1 See http://www.ecfr.gov/cgi-bin/text-idx? is likely to cause loss of consciousness provide a reason for each suggestion or SID=e47b48a9ea42dd67d999246e23d97970& or any loss of ability to control a CMV.’’ recommendation. If you submit your _ mc=true&=pt49.5.391&rgn=div5#ap49.5.391 Since the January 15, 2013 notice, the comments by mail or hand delivery, 171.a and https://www.gpo.gov/fdsys/pkg/CFR- 2015-title49-vol5/pdf/CFR-2015-title49-vol5- Agency has published additional submit them in an unbound format, no part391-appA.pdf. notices granting requests from larger than 81⁄2 by 11 inches, suitable for

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copying and electronic filing. If you Programs Division, 202–366–4001, personal information the commenter submit comments by mail and would [email protected], FMCSA, provides, to http://www.regulations.gov, like to know that they reached the Department of Transportation, 1200 as described in the system of records facility, please enclose a stamped, self- New Jersey Avenue SE., Room W64– notice (DOT/ALL–14 FDMS), which can addressed postcard or envelope. 224, Washington, DC 20590–0001. be reviewed at http://www.dot.gov/ We will consider all comments and Office hours are from 8:30 a.m. to 5 privacy. materials received during the comment p.m., ET, Monday through Friday, I. Background period. FMCSA may issue a final except Federal holidays. If you have determination at any time after the close questions regarding viewing or Under 49 U.S.C. 31136(e) and 31315, of the comment period. submitting material to the docket, FMCSA may grant an exemption for five V. Viewing Comments and Documents contact Docket Services, telephone (202) years if it finds ‘‘such exemption would 366–9826. likely achieve a level of safety that is To view comments, as well as any ADDRESSES: You may submit comments equivalent to or greater than the level documents mentioned in this preamble, bearing the Federal Docket Management that would be achieved absent such go to http://www.regulations.gov and in System (FDMS) Docket No. FMCSA– exemption.’’ The statute also allows the the search box insert the docket number 2010–0203; FMCSA–2011–0389; Agency to renew exemptions at the end FMCSA–2017–0252 and click ‘‘Search.’’ FMCSA–2012–0050; FMCSA–2012– of the five-year period. FMCSA grants Next, click ‘‘Open Docket Folder’’ and 0294; FMCSA–2012–0094; FMCSA– exemptions from the FMCSRs for a two- you will find all documents and 2014–0382; FMCSA–2015–0116; year period to align with the maximum comments related to this notice. FMCSA–2015–0117 using any of the duration of a driver’s medical Issued on: November 17, 2017. following methods: certification. • Larry W. Minor, Federal eRulemaking Portal: Go to The physical qualification standard Associate Administrator for Policy. http://www.regulations.gov. Follow the for drivers regarding epilepsy found in [FR Doc. 2017–25519 Filed 11–24–17; 8:45 am] online instructions for submitting 49 CFR 391.41(b)(8) states that a person BILLING CODE 4910–EX–P comments. is physically qualified to drive a CMV • Mail: Docket Management Facility; if that person has no established U.S. Department of Transportation, 1200 medical history or clinical diagnosis of DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE., West Building epilepsy or any other condition which Ground Floor, Room W12–140, Federal Motor Carrier Safety is likely to cause the loss of Washington, DC 20590–0001. consciousness or any loss of ability to Administration • Hand Delivery: West Building control a CMV. Ground Floor, Room W12–140, 1200 [Docket No. FMCSA–2010–0203; FMCSA– In addition to the regulations, FMCSA 2011–0389; FMCSA–2012–0050; FMCSA– New Jersey Avenue SE., Washington, has published advisory criteria to assist 2012–0294; FMCSA–2012–0094; FMCSA– DC, between 9 a.m. and 5 p.m., ET, Medical Examiners in determining 2014–0382; FMCSA–2015–0116; FMCSA– Monday through Friday, except Federal whether drivers with certain medical 2015–0117] Holidays. conditions are qualified to operate a • Fax: 1–202–493–2251. Qualification of Drivers; Exemption CMV in interstate commerce. [49 CFR Instructions: Each submission must Applications; Epilepsy and Seizure part 391, APPENDIX A TO PART 391— include the Agency name and the Disorders MEDICAL ADVISORY CRITERIA, docket number(s) for this notice. Note section H. Epilepsy: § 391.41(b)(8), AGENCY: Federal Motor Carrier Safety that all comments received will be paragraphs 3, 4, and 5.] Administration (FMCSA), DOT. posted without change to http:// ACTION: Notice of renewal of www.regulations.gov, including any The 10 individuals listed in this exemptions; request for comments. personal information provided. Please notice have requested renewal of their see the Privacy Act heading below for exemptions from the epilepsy and SUMMARY: FMCSA announces its further information. seizure disorders prohibition in 49 CFR decision to renew exemptions for 10 Docket: For access to the docket to 391.41(b)(8), in accordance with individuals from the requirement in the read background documents or FMCSA procedures. Accordingly, Federal Motor Carrier Safety comments, go to http:// FMCSA has evaluated these Regulations (FMCSRs) that interstate www.regulations.gov at any time or applications for renewal on their merits commercial motor vehicle (CMV) Room W12–140 on the ground level of and decided to extend each exemption drivers have ‘‘no established medical the West Building, 1200 New Jersey for a renewable two-year period. history or clinical diagnosis of epilepsy Avenue SE., Washington, DC, between 9 II. Request for Comments or any other condition which is likely a.m. and 5 p.m., ET, Monday through to cause loss of consciousness or any Friday, except Federal holidays. The Interested parties or organizations loss of ability to control a CMV.’’ The FDMS is available 24 hours each day possessing information that would exemptions enable these individuals ET, 365 days each year. If you want otherwise show that any, or all, of these who have had one or more seizures and acknowledgment that we received your drivers are not currently achieving the are taking anti-seizure medication to comments, please include a self- statutory level of safety should continue to operate CMVs in interstate addressed, stamped envelope or immediately notify FMCSA. The commerce. postcard or print the acknowledgement Agency will evaluate any adverse DATES: The exemptions were applicable page that appears after submitting evidence submitted and, if safety is on August 13, 2017. The exemptions comments online. being compromised or if continuation of expire on August 13, 2019. Comments Privacy Act: In accordance with 5 the exemption would not be consistent must be received on or before December U.S.C. 553(c), DOT solicits comments with the goals and objectives of 49 27, 2017. from the public to better inform its U.S.C. 31136(e) and 31315, FMCSA will FOR FURTHER INFORMATION CONTACT: Ms. rulemaking process. DOT posts these take immediate steps to revoke the Christine A. Hydock, Chief, Medical comments, without edit, including any exemption of a driver.

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III. Basis for Renewing Exemptions stability of treatment and that the driver individuals from its prohibition in the In accordance with 49 U.S.C. 31136(e) has remained seizure-free; (3) each Federal Motor Carrier Safety and 31315, each of the 10 applicants has driver must undergo an annual medical Regulations (FMCSRs) against persons satisfied the renewal conditions for examination by a certified Medical with insulin-treated diabetes mellitus obtaining an exemption from the Examiner, as defined by 49 CFR 390.5; (ITDM) from operating commercial epilepsy and seizure disorders and (4) each driver must provide a copy motor vehicles (CMVs) in interstate prohibition. The 10 drivers in this of the annual medical certification to commerce. The exemptions enable these notice remain in good standing with the the employer for retention in the individuals with ITDM to continue to Agency, have maintained their medical driver’s qualification file, or keep a copy operate CMVs in interstate commerce. monitoring and have not exhibited any of his/her driver’s qualification file if DATES: Each group of renewed medical issues that would compromise he/she is self-employed. The driver exemptions were applicable on the their ability to safely operate a CMV must also have a copy of the exemption dates stated in the discussions below during the previous two-year exemption when driving, for presentation to a duly and will expire on the dates stated in period. In addition, for Commercial authorized Federal, State, or local the discussions below. Comments must Driver’s License (CDL) holders, the enforcement official. The exemption be received on or before December 27, Commercial Driver’s License will be rescinded if: (1) The person fails 2017. Information System (CDLIS) and the to comply with the terms and FOR FURTHER INFORMATION CONTACT: Ms. Motor Carrier Management Information conditions of the exemption; (2) the Christine A. Hydock, Chief, Medical System (MCMIS) are searched for crash exemption has resulted in a lower level Programs Division, 202–366–4001, and violation data. For non-CDL of safety than was maintained before it [email protected], FMCSA, holders, the Agency reviews the driving was granted; or (3) continuation of the Department of Transportation, 1200 records from the State Driver’s exemption would not be consistent with New Jersey Avenue SE., Room W64– Licensing Agency (SDLA). These factors the goals and objectives of 49 U.S.C. 224, Washington, DC 20590–0001. provide an adequate basis for predicting 31136(e) and 31315. Office hours are from 8:30 a.m. to 5:30 each driver’s ability to continue to V. Preemption p.m., ET, Monday through Friday, safely operate a CMV in interstate except Federal holidays. If you have During the period the exemption is in commerce. Therefore, FMCSA questions regarding viewing or effect, no State shall enforce any law or concludes that extending the exemption submitting material to the docket, regulation that conflicts with this for each renewal applicant for a period contact Docket Services, telephone (202) exemption with respect to a person of two years is likely to achieve a level 366–9826. operating under the exemption. of safety equal to that existing without ADDRESSES: You may submit comments the exemption. VI. Conclusion bearing the Federal Docket Management As of August 13, 2017, and in Based upon its evaluation of the 10 System (FDMS) Docket Nos. FMCSA– accordance with 49 U.S.C. 31136(e) and exemption applications, FMCSA renews 2007–27801; FMCSA–2007–28536; 31315, the following 10 individuals the exemptions of the aforementioned FMCSA–2008–0175; FMCSA–2008– have satisfied the renewal conditions for drivers from the epilepsy and seizure 0267; FMCSA–2009–0207; FMCSA– obtaining an exemption from the disorders prohibition in 49 CFR 2011–0192; FMCSA–2013–0181; epilepsy and seizure disorders 391.41(b)(8). In accordance with 49 FMCSA–2013–0182 using any of the prohibition in the FMCSRs for interstate U.S.C. 31136(e) and 31315, each following methods: • CMV drivers: exemption will be valid for two years Federal eRulemaking Portal: Go to Eric J. Barnwell (MI) unless revoked earlier by FMCSA. http://www.regulations.gov. Follow the John W. Boerth (WI) online instructions for submitting Don C. Darbyshire (IA) Issued on: November 17, 2017. comments. Todd A. Davis (WI) Larry W. Minor, • Mail: Docket Management Facility; Daniel Dellaserra (CA) Associate Administrator for Policy. U.S. Department of Transportation, 1200 Charles T. Gray(OK) [FR Doc. 2017–25517 Filed 11–24–17; 8:45 am] New Jersey Avenue SE., West Building Eric A. Hilmer (WI) BILLING CODE 4910–EX–P Ground Floor, Room W12–140, David Kietzman (WI) Washington, DC 20590–0001. Dennis Klamm (MN) • Hand Delivery: West Building Brian J. Wiggins (ID) DEPARTMENT OF TRANSPORTATION Ground Floor, Room W12–140, 1200 The drivers were included in docket New Jersey Avenue SE., Washington, number FMCSA–2010–0203; FMCSA– Federal Motor Carrier Safety DC, between 9 a.m. and 5 p.m., ET, 2011–0389; FMCSA–2012–0050; Administration Monday through Friday, except Federal FMCSA–2012–0294; FMCSA–2012– [Docket No. FMCSA–2007–27801; FMCSA– Holidays. 0094; FMCSA–2014–0382; FMCSA– 2007–28536; FMCSA–2008–0175; FMCSA– • Fax: 1–202–493–2251. 2015–0116; FMCSA–2015–0117. Their 2008–0267; FMCSA–2009–0207; FMCSA– Instructions: Each submission must exemptions are applicable as of August 2011–0192; FMCSA–2013–0181; FMCSA– include the Agency name and the 13, 2017, and will expire on August 13, 2013–0182] docket number(s) for this notice. Note 2019. that all comments received will be Qualification of Drivers; Exemption posted without change to http:// IV. Conditions and Requirements Applications; Diabetes www.regulations.gov, including any The exemptions are extended subject AGENCY: Federal Motor Carrier Safety personal information provided. Please to the following conditions: (1) Each Administration (FMCSA), DOT. see the Privacy Act heading below for driver must remain seizure-free and ACTION: Notice of renewal of further information. maintain a stable treatment during the exemptions; request for comments. Docket: For access to the docket to two-year exemption period; (2) each read background documents or driver must submit annual reports from SUMMARY: FMCSA announces its comments, go to http:// their treating physicians attesting to the decision to renew exemptions for 99 www.regulations.gov at any time or

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Room W12–140 on the ground level of Directed by the Transportation Act for driving CMVs in interstate commerce the West Building, 1200 New Jersey the 21st Century.’’ The report concluded (76 FR 47291; 76 FR 61139): Avenue SE., Washington, DC, between 9 that a safe and practicable protocol to Michael J. Alexander (MO) a.m. and 5 p.m., ET, Monday through allow some drivers with ITDM to Dean A. Chamberlin (NE) Friday, except Federal holidays. The operate CMVs is feasible. The Ronald D. Fatka (IA) FDMS is available 24 hours each day September 3, 2003 (68 FR 52441), Frank B. Hernandez (MN) ET, 365 days each year. If you want Federal Register notice in conjunction Dale A. Iverson (UT) acknowledgment that we received your with the November 8, 2005 (70 FR John H. Krastel, Jr. (MD) comments, please include a self- 67777), Federal Register notice provides Edward Linhart (MA) addressed, stamped envelope or the current protocol for allowing such Larry D. Matson (MT) postcard or print the acknowledgement drivers to operate CMVs in interstate David W. Payne (KS) page that appears after submitting commerce. Jim B. Robertson II (KY) comments online. FMCSA notes that section 4129 of the Donald M. Rush, Jr. (GA) Privacy Act: In accordance with 5 Safe, Accountable, Flexible and Barry A. Sircy (KY) U.S.C. 553(c), DOT solicits comments Efficient Transportation Equity Act: A John S. Starchevich (IA) from the public to better inform its Legacy for Users requires the Secretary Michael B. Tortora (VT) rulemaking process. DOT posts these to revise its diabetes exemption program Charlotte C. Watson (CA) comments, without edit, including any established on September 3, 2003 (68 FR Shaun M. Wheeler (CT) personal information the commenter 52441). The revision must provide for The drivers were included in docket provides, to http://www.regulations.gov, individual assessment of drivers with number FMCSA–2011–0192. Their as described in the system of records diabetes mellitus, and be consistent exemptions are applicable as of October notice (DOT/ALL–14 FDMS), which can with the criteria described in section 3, 2017, and will expire on October 3, be reviewed at http://www.dot.gov/ 4018 of the Transportation Equity Act 2019. privacy. for the 21st Century (49 U.S.C. 31305). As of October 15, 2017, and in Section 4129 requires: (1) Elimination of I. Background accordance with 49 U.S.C. 31136(e) and the requirement for three years of 31315, the following 43 individuals Under 49 U.S.C. 31136(e) and 31315, experience operating CMVs while being FMCSA may grant an exemption from treated with insulin; and (2) have satisfied the renewal conditions for the FMCSRs for a five-year period if it establishment of a specified minimum obtaining an exemption from the rule finds ‘‘such exemption would likely period of insulin use to demonstrate prohibiting drivers with ITDM from achieve a level of safety that is stable control of diabetes before being driving CMVs in interstate commerce equivalent to or greater than the level allowed to operate a CMV. (72 FR 45480; 72 FR 58360; 73 FR that would be achieved absent such In response to section 4129, FMCSA 45519; 73 FR 61188; 78 FR 50486; 78 FR exemption.’’ The statute also allows the made immediate revisions to the 65031): Agency to renew exemptions at the end diabetes exemption program established Scott M. Aitcheson (MI) of the five-year period. FMCSA grants by the September 3, 2003 notice. Robert V. Balmes (IL) exemptions from the FMCSRs for a two- FMCSA discontinued use of the three- Kenneth M. Brinker (SD) year period to align with the maximum year driving experience and fulfilled the Daniel A. Brown (IN) duration of a driver’s medical requirements of section 4129 while Floyd G. Burbach (SD) certification. continuing to ensure that operation of Frederick J. Caldarelli III (KS) The 99 individuals listed in this CMVs by drivers with ITDM will Jay P. Cave (IL) notice have requested an exemption achieve the requisite level of safety William J. Compton (MI) from the diabetes prohibition in 49 CFR required of all exemptions granted Brian R. Current (IA) 391.41(b)(3). Accordingly, the Agency under 49 U.S.C. 31136 (e). Section Mark A. Davis (AR) will evaluate the qualifications of each 4129(d) also directed FMCSA to ensure Todd J. Donnelly (IA) applicant to determine whether granting that drivers of CMVs with ITDM are not Carmine J. Fossile (MA) the exemption will achieve the required held to a higher standard than other Steven M. French (MI) level of safety mandated by statute. drivers, with the exception of limited Philip P. Gray (VA) The physical qualification standard operating, monitoring and medical John L. Hansen (MT) for drivers regarding diabetes found in requirements that are deemed medically Michael G. Harp (OK) 49 CFR 391.41(b)(3) states that a person necessary. The FMCSA concluded that Darin D. Harries (MN) is physically qualified to drive a CMV all of the operating, monitoring and James M. Holland (WA) if that person has no established medical requirements set out in the William E. Hollowell (MI) medical history or clinical diagnosis of September 3, 2003, notice, except as Matthew S. Hooker (IN) diabetes mellitus currently requiring modified, were in compliance with Cindy L. Hushin-Brink (PA) insulin for control. The Agency section 4129(d). Therefore, all of the Gregory A. Iverson (IA) established the current requirement for requirements set out in the September 3, Bradley M. Johnson (ID) diabetes in 1970 because several risk 2003, notice, except as modified by the Mark A. Jones (WI) studies indicated that drivers with notice in the Federal Register on Michael J. Keating (IL) diabetes had a higher rate of crash November 8, 2005 (70 FR 67777), Richard D. Knoche (IL) involvement than the general remain in effect. Jonathan D. Koehn (NE) population. Edward M. Mason (KY) FMCSA established its diabetes II. Qualifications of Applicants Harold W. McCullough (NE) exemption program, based on the As of October 3, 2017, and in Kurt V. Miller (IL) Agency’s July 2000 study entitled ‘‘A accordance with 49 U.S.C. 31136(e) and Tyree L. Murdock II (FL) Report to Congress on the Feasibility of 31315, the following 16 individuals Thomas L. Nesbit (PA) a Program to Qualify Individuals with have satisfied the renewal conditions for Richard Rodriguez (KS) Insulin-Treated Diabetes Mellitus to obtaining an exemption from the rule Scott D. Schultz (MN) Operate in Interstate Commerce as prohibiting drivers with ITDM from Mark W. Seem (IN)

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Marvin R. Shipman (GA) The drivers were included in docket comment from all interested persons on Chris W. Smaltz (AZ) number FMCSA–2008–0267. Their the exemption petitions described in Randy E. Veit (IL) exemptions are applicable as of October this notice. We will consider all Edwin C.E. Whitcomb (ND) 22, 2017, and will expire on October 22, comments received before the close of Steven S. Whitt, Sr. (MO) 2019. business on the closing date indicated Derek J. Wright (AL) As of October 23, 2017, and in in the dates section of the notice. Donald W. Yeager (PA) accordance with 49 U.S.C. 31136(e) and You may submit your comments and Mick B. Zoske (IA) 31315, the following 13 individuals material online or by fax, mail, or hand have satisfied the renewal conditions for The drivers were included in one of delivery, but please use only one of obtaining an exemption from the rule the following docket numbers: FMCSA– these means. FMCSA recommends that 2007–27801; FMCSA–2008–0175; prohibiting drivers with ITDM from you include your name and a mailing FMCSA–2013–0182. Their exemptions driving CMVs in interstate commerce address, an email address, or a phone are applicable as of October 15, 2017, (78 FR 38435; 78 FR 63294): number in the body of your document and will expire on October 15, 2019. Craig W. Blackner (UT) so that FMCSA can contact you if there As of October 18, 2017, and in John L. Fischer (ND) are questions regarding your accordance with 49 U.S.C. 31136(e) and Douglas E. Gibbs (TX) submission. 31315, Justin R. Freeman (ID) has Clarence H. Holliman Jr. (MS) satisfied the renewal conditions for Tracy S. Johnson (FL) To submit your comment online, go to obtaining an exemption from the rule Chad D. Labonte (ID) http://www.regulations.gov and in the prohibiting drivers with ITDM from Jason J. Marks (LA) search box insert the docket number driving CMVs in interstate commerce Keith R. McKeever (PA) FMCSA–2007–27801; FMCSA–2007– (78 FR 38435; 78 FR 63294). Alberto Ramirez (CA) 28536; FMCSA–2008–0175; FMCSA– This driver was included in docket Brian S. Ruth (AK) 2008–0267; FMCSA–2009–0207; number FMCSA–2013–0181. The Ronald S. Smith (NJ) FMCSA–2011–0192; FMCSA–2013– exemption is applicable as of October Lawrence E. Starks Sr. (IN) 0181; FMCSA–2013–0182 and click the 18, 2017, and will expire on October 18, Calvin C. Wallingford (NY) search button. When the new screen 2019. The drivers were included in docket appears, click on the blue ‘‘Comment As of October 19, 2017, and in number FMCSA–2013–0181. Their Now!’’ button on the right hand side of accordance with 49 U.S.C. 31136(e) and exemptions are applicable as of October the page. On the new page, enter 31315, the following 9 individuals have 23, 2017, and will expire on October 23, information required including the satisfied the renewal conditions for 2019. specific section of this document to obtaining an exemption from the rule As of October 28, 2017, and in which each comment applies, and prohibiting drivers with ITDM from accordance with 49 U.S.C. 31136(e) and provide a reason for each suggestion or driving CMVs in interstate commerce 31315, Ricky A. Root (IL) has satisfied recommendation. If you submit your (72 FR 50442; 72 FR 59332; 74 FR the renewal conditions for obtaining an comments by mail or hand delivery, 41486; 74 FR 53583): exemption from the rule prohibiting submit them in an unbound format, no Jim E. Chester (IN) drivers with ITDM from driving CMVs larger than 81⁄2 by 11 inches, suitable for Blaine H. Holmes (UT) in interstate commerce (78 FR 50486; 78 copying and electronic filing. If you James R. Hudson (AZ) FR 65031). submit comments by mail and would Roger L. Kaufman (KY) This driver was included in docket like to know that they reached the Clifford L. Rayl (IN) number FMCSA–2013–0182. The facility, please enclose a stamped, self- Steven J. Shaw (NV) exemption is applicable as of October addressed postcard or envelope. Scott L. Stamstad (WI) 28, 2017, and will expire on October 28, Kendell R. Strassman (WI) 2019. We will consider all comments and Maurice L. Wedel (KS) As of October 30, 2017, and in materials received during the comment The drivers were included in one of accordance with 49 U.S.C. 31136(e) and period. FMCSA may issue a final the following docket numbers: FMCSA– 31315, the following 7 individuals have determination at any time after the close 2007–28536; FMCSA–2009–0207. Their satisfied the renewal conditions for of the comment period. exemptions are applicable as of October obtaining an exemption from the rule IV Viewing Comments and Documents 19, 2017, and will expire on October 19, prohibiting drivers with ITDM from 2019. driving CMVs in interstate commerce To view comments, as well as any As of October 22, 2017, and in (78 FR 50486; 78 FR 65031): documents mentioned in this preamble, accordance with 49 U.S.C. 31136(e) and Peter Engel (PA) go to http://www.regulations.gov and in 31315, the following 9 individuals have Jhon A. Fitzgerald (ME) the search box insert the docket number satisfied the renewal conditions for Lewis E. Forrester (PA) FMCSA–2007–27801; FMCSA–2007– obtaining an exemption from the rule Ray Harrison (MD) 28536; FMCSA–2008–0175; FMCSA– prohibiting drivers with ITDM from Charles LaBruno (PA) 2008–0267; FMCSA–2009–0207; driving CMVs in interstate commerce Shawn E. Marks (PA) FMCSA–2011–0192; FMCSA–2013– (73 FR 52451; 73 FR 63041): Donald G. Staggs (CA) 0181; FMCSA–2013–0182 and click Michael B. Bennington, Sr. (PA) The drivers were included in docket ‘‘Search.’’ Next, click ‘‘Open Docket Larry J. Eischens (SD) number FMCSA–2013–0182. Their Folder’’ and you will find all documents David J. Hanzl (NY) exemptions are applicable as of October and comments related to this notice. Thomas R. Jones (OH) 30, 2017, and will expire on October 30, Issued on: November 17, 2017. John G. Schaible, Jr. (NY) 2019. Larry W. Minor, Rory J. Seleman (IL) Chase M. Wells (NY) III. Request for Comments Associate Administrator for Policy. Laurie E. White (NY) In accordance with 49 U.S.C. 31136(e) [FR Doc. 2017–25524 Filed 11–24–17; 8:45 am] Craig E. Wolf (IL) and 31315, FMCSA requests public BILLING CODE 4910–EX–P

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DEPARTMENT OF TRANSPORTATION Statement in the Federal Register comments on the following proposed published on April 11, 2000 (65 FR collection of information for which the National Highway Traffic Safety 19477–78) or you may visit http:// agency is seeking approval from OMB: Administration www.dot.gov/privacy.html. OMB Control Number: Not assigned. Docket: For access to the docket to [Docket No. NHTSA–2017–0096] Title: State Highway Safety Grant read comments received, go to http:// Programs. Reports, Forms, and Recordkeeping www.regulations.gov, or the street Form Numbers: N/A (Highway Safety Requirements: Agency Information address listed above. Follow the online Plan, Annual Report, Assessment). instructions for accessing the dockets. Collection Activity Type of Review: New Collection. FOR FURTHER INFORMATION CONTACT: For Requested Expiration Date of AGENCY: National Highway Traffic programmatic issues, contact Barbara Approval: Three years from the Safety Administration, U.S. Department Sauers, Regional Operations and approval date. of Transportation. Program Delivery, NRO–011, National ACTION: Request for public comment on Highway Traffic Safety Administration, Summary of the Collection of a proposed collection of information. U.S. Department of Transportation, 1200 Information: The Fixing America’s New Jersey Avenue SE., Washington, Surface Transportation Act (FAST), SUMMARY: Before a Federal agency can DC 20590; Telephone: 202–366–0144. Public Law 114–94, authorizes the collect certain information from the For legal issues and background National Highway Traffic Safety public, it must receive approval from information, contact Roland (R.T.) Administration (NHTSA) to issue the Office of Management and Budget Baumann III, Office of the Chief highway safety grants to States under (OMB). Under procedures established Counsel, NCC–300, National Highway Chapter 4 of Title 23, U.S.C. by the Paperwork Reduction Act of Traffic Safety Administration, U.S. Specifically, these grant programs 1995, before seeking OMB approval, Department of Transportation, 1200 include the Highway Safety Program Federal agencies must solicit public New Jersey Avenue SE., Washington, grants (23 U.S.C. 402 or Section 402), comment on proposed collections of DC 20590; Telephone: 202–366–1834. the National Priority Safety Program information, including extensions and grants (23 U.S.C. 405 or Section 405) SUPPLEMENTARY INFORMATION: Under the reinstatements of previously approved and a separate grant on racial profiling Paperwork Reduction Act of 1995, collections. This document describes data collection contained in a previous before an agency submits a proposed one collection of information for which authorization that was revised and collection of information to OMB for the National Highway Traffic Safety restored under the FAST Act (Pub. L. approval, it must first publish a Administration (NHTSA) intends to 109–59, Sec. 1906 or Section 1906, as document in the Federal Register seek OMB approval. amended by Sec. 4011, Pub. L. 114–94). providing a 60-day comment period and DATES: Written comments should be otherwise consult with members of the For all of these grants, as directed in submitted by January 26, 2018. public and affected agencies concerning statute, NHTSA uses a consolidated ADDRESSES: You may submit comments each proposed collection of information. application process that relies on the identified by Docket No. NHTSA–2017– OMB has promulgated regulations Highway Safety Plan (HSP) States 0096 through one of the following describing what must be included in submit under the Section 402 program methods: such a document. Under OMB’s as a single application. The information • Federal eRulemaking Portal: Go to regulation (at 5 CFR 1320.8(d)), an required to be submitted for these grants http://www.regulations.gov. Follow the agency must ask for public comment on includes the HSP consisting of online instructions for submitting the following: information on the highway safety comments. (i) Whether the proposed collection of planning process, performance report, • Mail or Hand Delivery: Docket information is necessary for the proper performance plan, problem Management Facility, U.S. Department performance of the functions of the identification, highway safety of Transportation, 1200 New Jersey agency, including whether the countermeasure strategies, projects and Avenue SE., West Building, Ground information will have practical utility; funding amounts, certifications and Floor, Room W12–140, Washington, DC (ii) The accuracy of the agency’s assurances, and application materials 20590 between 9 a.m. and 5 p.m. estimate of the burden of the proposed that cover Section 405 grants and the 1 Eastern Time, Monday through Friday, collection of information, including the reauthorized Section 1906 grant. States except Federal holidays. Telephone: validity of the methodology and also must submit an annual report 202–366–9826. assumptions used; evaluating their progress in achieving • Fax: 202–493–2251. (iii) How to enhance the quality, performance targets. In addition, as part Instructions: All submissions must utility, and clarity of the information to of the statutory criteria for Section 405 include the agency name and docket be collected; grants covering the areas of occupant number for this proposed collection of (iv) How to minimize the burden of protection, traffic safety information information. Note that all comments the collection of information on those system improvement and impaired received will be posted without change who are to respond, including the use driving countermeasures, States may be to http://www.regulations.gov, including of appropriate automated, electronic, required to receive assessments of their any personal information provided. mechanical, or other technological State programs in order to receive a Please see the Privacy heading below. collection techniques or other forms of Privacy Act: Anyone is able to search information technology, e.g., permitting 1 Section 405 grants cover the following: Occupant Protection Grants; State Traffic Safety the electronic form of all comments electronic submission of responses. Information System Improvements Grants; Impaired received into any of our dockets by the The agency will summarize and/or Driving Countermeasures Grants (including name of the individual submitting the include your comments in the request Alcohol-Ignition Interlock Grants and 24–7 Sobriety comment (or signing the comment, if for OMB’s clearance of this information Program Grants); Distracted Driving Grants; Motorcyclist Safety Grants; State Graduated Driver submitted on behalf of an association, collection. Licensing Incentive Grants; and Nonmotorized business, labor union, etc.). You may In compliance with these Safety Grants. Section 1906 is a separate racial review DOT’s complete Privacy Act requirements, NHTSA asks for public profiling data collection grant.

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grant.2 States must provide information produces a final report with the Northern Mariana Islands, and the and respond to questions as part of the recommendations on how the State can Bureau of Indian Affairs); assessment process. improve the effectiveness of its program. • Section 405 Grants (except Consistent with the statute, NHTSA As part of the process, States provide Impaired Driving Countermeasures, has implemented an interim final rule written materials in response to requests Motorcyclist Safety and Nonmotorized that creates uniform procedures for from the assessment team and Grants) and Section 1906 Grant: 56 (fifty States to apply for grant funds (81 FR participate in a comprehensive States, the District of Columbia, Puerto 32554, May 23, 2016), and will issue a interview process. For traffic safety Rico, the U.S. Virgin Islands, Guam, final rule in the near future. These information systems, States respond to American Samoa, and the procedures specify the information that questions based on NHTSA’s Traffic Commonwealth of the Northern Mariana is required to be submitted to receive a Records Program Assessment Advisory Islands); and grant and the type of information (DOT HS 811 644), which describes an • Section 405, Impaired Driving required to verify performance under ideal traffic records system. The Countermeasures, Motorcyclist Safety the grants. Under these efforts, NHTSA questions cover nine topical areas and and Nonmotorized Grants: 52 (fifty has taken actions to streamline the examine how well a State plans, States, the District of Columbia, and required application procedures, collects, manages, and integrates Puerto Rico). including the expanded use of an information from several State traffic The estimated burden hours for the electronic submission process identified records systems.4 Responses are assessment part of the collection of as the Grants Management Solutions evaluated by subject matter experts, and information are based on the average Suite (GMSS). This system will replace a final report is provided to the State number of State assessments that are the current grants management tracking with recommendations for carried out each year in each of the system and allows States to apply for improvement. covered grant areas: 6 and receive grants electronically. Description of the Need for the • Section 405, Occupant protection NHTSA plans to introduce an updated Information and Proposed Use of the grants: 9 assessments; version of GMSS for fiscal year 2019. Information: As noted above, the statute • Section 405, Traffic safety Implementation will occur after several provides that the HSP is the application information system improvement grants: participating States have completed for grants each fiscal year. The 11 assessments; and system usability testing, and NHTSA information is necessary to determine • Section 405, Impaired driving has reviewed and considered any whether a State satisfies the Federal countermeasure grants: 4 assessments. feedback provided. criteria for grant awards. The annual Under the grant application and As indicated above, States may be report tracks progress in achieving the annual report requirements, we estimate required to receive an assessment of aims of the grant program. The that it will take each respondent certain covered programs in order to be information is necessary to verify approximately 240 hours to collect, eligible for some grants under Section performance under the grants and to review and submit the required 405. Separate from these requirements, provide a basis for improvement. As information to NHTSA for the Section States also may request assessments in specified in statute, States may be 402 program. We further estimate that it these areas at their discretion. NHTSA required to receive an assessment of will take each respondent uses two different assessment certain covered programs. The approximately 180 hours to collect, approaches based on the traffic safety information provided by a State allows review and submit the required area covered. For occupant protection subject matter experts to provide information to NHTSA for the Section and impaired driving, assessments are recommendations for the purpose of 405 program. For traffic safety based on NHTSA’s Uniform Guidelines improving the covered areas. information system improvement grants, for State Highway Safety Programs, Description of the Likely Respondents: we estimate that it takes 165 hours to which are required by Congress and 57 Respondents (fifty States, the District respond to questions under the periodically updated through a process 3 of Columbia, Puerto Rico, American assessment. For occupant protection that seeks public comment. State Samoa, Guam, the Commonwealth of and impaired driving countermeasures programs are assessed against these the Northern Mariana Islands, the U.S. grants, we estimate that it takes 80 hours uniform guidelines by a team of subject Virgin Islands, and the Bureau of Indian to provide the required information and matter experts. The assessment team Affairs on behalf of the Indian Country). respond to questions under an Estimate of the Total Annual assessment. Based on the above 2 Under occupant protection grants, one of the criterion that a State with a lower belt use rate may Reporting and Recordkeeping Burden information, the estimated annual use to get a grant is to complete an assessment of Resulting From the Collection of burden hours for all respondents are its occupant protection program once every three Information: 5 The estimated burden 26,615 hours. years (23 U.S.C. 405(b)(3)(B)(ii)(VI)(aa)); and hours for the grant application and Assuming the average salary of another criterion is a comprehensive occupant protection program that includes a program annual report part of the collection of individuals responsible for submitting assessment conducted every five years as one of its information are based on all eligible the information is $50.00 per hour, the elements (23 U.S.C. 405(b)(3)(B)(ii)(V)(aa); 23 CFR respondents each year for each of the estimated cost for each respondent is 1300.21(e)(5)(i)). Under traffic safety system grants: $23,350 and the estimated total cost for information system improvement grants, a State • 7 must have an assessment of its highway safety data Section 402 grants: 57 (fifty States, all respondents is $1,330,750. These and traffic records system once every 5 years in the District of Columbia, Puerto Rico, order to receive a grant (23 U.S.C. 405(c)(3)(E)). the U.S. Virgin Islands, Guam, 6 Assessment average is based on the total number Under impaired driving countermeasure grants, a American Samoa, the Commonwealth of of assessments conducted each year and divided by State with high average impaired driving fatality the number of years since the inception of rates must have an assessment of its impaired assessment requirements for certain grants under driving program once every 3 years in order to 4 The Traffic Records Program Assessment MAP–21, Public Law 112–141. receive a grant. (23 U.S.C. 405(d)(3)(C)(i)(I)). Advisory is available online at https:// 7 Per hour costs are estimated based on the costs 3 The Uniform Guidelines for State Highway www.nhtsa.gov/research-data/traffic-records. paid to fund positions within State highway safety Safety Programs are available online at https:// 5 As noted later, the total number of respondents offices and represent an average across several one.nhtsa.gov/nhtsa/whatsup/tea21/ is based on every eligible respondent submitting the positions that a State might use to collect and tea21programs/index.htm. required information for every available grant. submit grant application information.

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estimates are based on every eligible with the Bureau of Safety and Efficiency Act (CIPSEA) of 2002 (Public respondent submitting the required Environmental Enforcement (BSEE) to Law 107–347, Title V). In accordance information for every available grant. include an industry-wide repository of with these confidentiality statutes, only However, not all States apply for and equipment failure data, analyze and statistical and non-identifying data will receive a grant each year under each of aggregate information collected under be made publicly available through these programs. In addition, under this program, and publish reports that reports. Further, BTS will not release to Section 405 grants, some requirements will provide BSEE, the industry, and all BSEE or any other public or private permit States to submit a single OCS stakeholders with essential entity any information that might reveal application covering multiple years information about failure types and the identity of individuals or allowing States to simply recertify in modes of critical safety barriers for organizations mentioned in SafeOCS subsequent years. Considering the offshore operations related to well reports. control. The data collection effort that is agency’s steps to streamline the current SUPPLEMENTARY INFORMATION: submission process, including increased the subject of this notice, addressed the use of prepopulated information fields collection of failure data as referenced I. The Data Collection in GMSS and greater reliance on in recently issued BSEE regulations on The Paperwork Reduction Act of 1995 electronic submission in general, these (81 FR 25888), April 29, 2016 and (81 (44 U.S.C. Chapter 35; as amended) and estimates represent the highest possible FR 61834), September 7, 2016. BTS 5 CFR part 1320 require each Federal burden hours and costs possible for received permission to collect the data agency to obtain OMB approval to States submitting the required under an emergency OMB control continue an information collection information. number on September 29, 2016. activity. BTS is seeking OMB approval Please submit any comments, Through this notice, BTS is requesting for the following BTS information identified by the docket number in the permission to reinstate this previously collection activity: heading of this document, by any of the approved OMB control number. This Title: Barrier Failure Reporting in Oil methods described in the ADDRESSES information collection is necessary to and Gas Operations on the Outer section of this document. Comments are aid BSEE, the oil and gas industry, and Continental Shelf. due by January 26, 2018. other stakeholders in identifying barrier OMB Control Number: 2139–0046. Authority: The Paperwork Reduction failure trends and causes of critical Type of Review: Approval of data Act of 1995, 44. U.S.C. Chapter 35, as safety barrier failure events. collection. amended; 5 CFR part 1320; and 49 CFR DATES: Comments must be received by Respondents: Oil and Gas Operators 1.95. December 27, 2017. on the Outer Continental Shelf. Issued in Washington, DC on November 20, ADDRESSES: BTS seeks public comments Number of Respondents: As a request 2017. on its proposed continuation of to be authorized repository for Mary D. Gunnels, information collection. Comments previously collected information, BTS Associate Administrator for Regional should address whether the information has identified BSEE as the sole Operations and Program Delivery. will have practical utility; the accuracy respondent reporting to BTS at the [FR Doc. 2017–25563 Filed 11–24–17; 8:45 am] of the estimated burden hours of the annual frequency of one. BILLING CODE 4910–59–P proposed information collection; ways Estimated Time per Response: 60 to enhance the quality, utility and minutes. clarity of the information to be Frequency: Once. DEPARTMENT OF TRANSPORTATION collected; and ways to minimize the Total Annual Burden: 1 hour. burden of the collection of information BTS has agreed through an MOU with [Docket Number: DOT–OST–2017–0043] on respondents, including the use of BSEE to undertake the information automated collection techniques or Agency Information Collection collection identified in the previously other forms of information technology. Activity; Notice of Reinstatement To approved BSEE notice for OMB Control Send comments to the Office of Collect Information: Barrier Failure Number(s) 1014–0028, expiration 4/30/ Information and Regulatory Affairs, Reporting in Oil and Gas Operations 2019 and the BSEE notice with OMB Office of Management and Budget, 725 on the Outer Continental Shelf Control Number 1014–0003, expiration 17th Street NW., Washington, DC 20503, 8/31/2019, to ensure the confidentiality AGENCY: Bureau of Transportation Attention: BTS Desk Officer. of submissions under CIPSEA. The Statistics (BTS), Office of the Assistant FOR FURTHER INFORMATION CONTACT: information collection is limited to the Secretary for Research Technology Demetra V. Collia, Bureau of establishment of BTS as an authorized (OST–R), U.S. Department of Transportation Statistics, Office of the repository. This information collection Transportation. Assistant Secretary for Research and request does not create any additional ACTION: Notice; Reinstatement to Collect Technology (OST–R), U.S. Department burden for respondents. of Transportation, Office of Statistical Data. II. Public Participation and Request for and Economic Analysis (OSEA), RTS– Public Comments SUMMARY: In accordance with the 31, E36–302, 1200 New Jersey Avenue requirements of the Paperwork SE., Washington, DC 20590–0001; On March 30, 2017, BTS published a Reduction Act of 1995, this notice Phone No. (202) 366–1610; Fax No. notice (82 FR 15787) encouraging announces the intention of the BTS to (202) 366–3383; email: demetra.collia@ interested parties to submit comments request the Office of Management and dot.gov. Office hours are from 8:30 a.m. to docket number DOT–OST–2017–0043 Budget (OMB) to reinstate previously to 5 p.m., EST, Monday through Friday, and allowing for a 60-day comment approved OMB Number 2139–0046 for except Federal holidays. period. The comment period closed on the following information collection: Data Confidentiality Provisions: This May 30, 2017. To view comments, go to Barrier Failure Reporting in Oil and Gas data collection is protected under the http://www.regulations.gov and insert Operations on the Outer Continental BTS confidentiality statute (49 U.S.C. the docket number, ‘‘DOT–OST–2017– Shelf (OCS). BTS entered into a 6307(b)) and the Confidential 0043’’ in the ‘‘Search’’ box and click memorandum of understanding (MOU) Information Protection and Statistical ‘‘Search.’’ Next, click ‘‘Open Docket

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Folder’’ button and choose document SUMMARY: The Department of the Affected Public: Businesses or other listed to review. If you do not have Treasury will submit the following for-profits. access to the Internet, you may view the information collection requests to the Estimated Total Annual Burden docket by visiting the Docket Office of Management and Budget Hours: 150. Management Facility in Room W12–140 (OMB) for review and clearance in Authority: 44 U.S.C. 3501 et seq. on the ground floor of the U.S. DOT accordance with the Paperwork Dated: November 21, 2017. West Building, 1200 New Jersey Avenue Reduction Act of 1995, on or after the SE., Washington, DC 20590, between 9 date of publication of this notice. The Spencer W. Clark, a.m. and 5 p.m. Monday through Friday, public is invited to submit comments on Treasury PRA Clearance Officer. except Federal holidays. these requests. [FR Doc. 2017–25540 Filed 11–24–17; 8:45 am] BILLING CODE 4810–AS–P Privacy Act DATES: Comments should be received on or before December 27, 2017 to be All comments the BTS received were assured of consideration. posted without change to http:// DEPARTMENT OF THE TREASURY ADDRESSES: Send comments regarding www.regulations.gov. Anyone may the burden estimate, or any other aspect search the electronic form of all Agency Information Collection of the information collection, including comments received into any of our Activities; Submission for OMB suggestions for reducing the burden, to dockets by the name of the individual Review; Comment Request; Bond (1) Office of Information and Regulatory submitting the comment (or of the Guarantee Program Affairs, Office of Management and person signing the comment, if Budget, Attention: Desk Officer for AGENCY: Departmental Offices, U.S. submitted on behalf of an association, Treasury, New Executive Office Department of the Treasury. business, labor union, etc.). You may Building, Room 10235, Washington, DC ACTION: Notice. review DOT’s complete Privacy Act 20503, or email at OIRA_Submission@ Statement in the Federal Register SUMMARY: The Department of the OMB.EOP.gov and (2) Treasury PRA published on January 17, 2008 (73 FR Treasury will submit the following Clearance Officer, 1750 Pennsylvania 3316), or you may visit https:// information collection requests to the Ave. NW., Suite 8142, Washington, DC www.gpo.gov/fdsys/pkg/FR-2017-03-30/ Office of Management and Budget 20220, or email at [email protected]. pdf/2017-06272.pdf. (OMB) for review and clearance in FOR FURTHER INFORMATION CONTACT: accordance with the Paperwork III. Discussion of Public Comments and Copies of the submissions may be Reduction Act of 1995, on or after the BTS Responses obtained from Jennifer Leonard by date of publication of this notice. The BTS announced on March 30, 2017 in emailing [email protected], calling public is invited to submit comments on a Federal Register Notice (82 FR 15788) (202) 622–0489, or viewing the entire these requests. its intention to request that OMB information collection request at DATES: Comments should be received on approve the following continuation of www.reginfo.gov. or before December 27, 2017 to be information collection: Barrier Failure SUPPLEMENTARY INFORMATION: assured of consideration. Reporting in Oil and Gas Operations on ADDRESSES: Bureau of the Fiscal Service (FS) Send comments regarding the Outer Continental Shelf. BTS the burden estimate, or any other aspect received no comments during the 60- Title: Investigative Forms. of the information collection, including day public comment period. The March OMB Control Number: 1530–0060. suggestions for reducing the burden, to 30th notice stated that the BTS was Type of Review: Revision of a (1) Office of Information and Regulatory seeking to renew the previously currently approved collection. Affairs, Office of Management and approved collection 2139–0046. This Abstract: Information requested is in Budget, Attention: Desk Officer for 30-day notice clarifies that BTS is support of background investigations Treasury, New Executive Office seeking reinstatement of the expired conducted by the Bureau of the Fiscal Building, Room 10235, Washington, DC collection and is requesting OMB Service. 20503, or email at OIRA_Submission@ authorize the collection for three years. Forms: FS Form 5518, FS Form 5521, OMB.EOP.gov and (2) Treasury PRA Issued on: November 21, 2017. FS Form 5520, FS Form 5519 Clearance Officer, 1750 Pennsylvania Patricia Hu, Affected Public: Individuals or Ave. NW., Suite 8142, Washington, DC Director, Bureau of Transportation Statistics, Households. 20220, or email at [email protected]. Office of the Assistant Secretary for Research Estimated Total Annual Burden FOR FURTHER INFORMATION CONTACT: and Technology Hours: 125. Copies of the submissions may be [FR Doc. 2017–25565 Filed 11–24–17; 8:45 am] Title: Checklists of Filings for obtained from Jennifer Leonard by BILLING CODE 4910–P Certified Surety and/or Certified emailing [email protected], calling Reinsuring Companies and for Admitted (202) 622–0489, or viewing the entire Reinsurer Companies. information collection request at OMB Control Number: 1530–0061. www.reginfo.gov. DEPARTMENT OF THE TREASURY Type of Review: Revision of a SUPPLEMENTARY INFORMATION: currently approved collection. Agency Information Collection Abstract: This information is Community Development Financial Activities; Submission for OMB collected from insurance companies to Institutions Fund (CDFI) Review; Comment Request; Multiple provide Treasury a basis to determine Bureau of the Fiscal Service Title: Bond Guarantee Program. acceptability of companies applying for OMB Control Number: 1559–0044. Information Collection Requests a Certificate of Authority to write or Type of Review: Revision of a AGENCY: Departmental Offices, U.S. reinsure Federal surety bonds or as an currently approved collection. Department of the Treasury. Admitted Reinsurer (not on excess risks Abstract: The purpose of the to U.S.). Community Development Financial ACTION: Notice. Forms: None. Institutions (CDFI) Bond Guarantee

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Program (BG Program) is to support Application—Appendix B–ID-Charts Annual Assessment Report, Program CDFI lending by providing Guarantees and Templates, Qualified Issuer Activities Monitoring (PAM) Report. for Bonds issued by Qualified Issuers as Application, Qualified Issuer Affected Public: Businesses or other part of a Bond Issue for Eligible Application—Appendix QI–2–E Notice for-profits. Community or Economic Development of Designating Qualified Issuer, Purposes. Estimated Total Annual Burden Secondary Loan Requirements Hours: 9,406. Forms: Guarantee Application, Certification with Itemization of Guarantee Application—Appendix A– Collateral, Itemization of Collateral Authority: 44 U.S.C. 3501 et seq. 2A Certification Regarding Material Form, Financial Condition Monitoring Dated: November 21, 2017. Changes to the Qualified Issuer Report, Pledged Loan Monitoring Application, Guarantee Application— Spencer W. Clark, Appendix A–2C Assurances and Report, Certification of Secondary Loan Treasury PRA Clearance Officer. Certifications for Qualified Issuer and Requirements for Committed Loans, [FR Doc. 2017–25541 Filed 11–24–17; 8:45 am] Guarantee Applications, Guarantee Secondary Loan Commitment Form, BILLING CODE 4810–70–P

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Part II

Department of Commerce

National Oceanic and Atmospheric Administration Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Marine Geophysical Survey in the Southwest Pacific Ocean, 2017/2018; Notice

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DEPARTMENT OF COMMERCE on the availability of the species or State University, University Southern stock(s) for subsistence uses (where California, University of Southern National Oceanic and Atmospheric relevant), and if the permissible Mississippi, University of Hawaii at Administration methods of taking and requirements Manoa, University of Texas, and RIN 0648–XF456 pertaining to the mitigation, monitoring University of Wisconsin Madison, with and reporting of such takings are set funding from the U.S. National Science Takes of Marine Mammals Incidental to forth. Foundation, propose to conduct three Specified Activities; Taking Marine NMFS has defined ‘‘negligible high-energy seismic surveys from the Mammals Incidental to a Marine impact’’ in 50 CFR 216.103 as an impact research vessel (R/V) Marcus G. Geophysical Survey in the Southwest resulting from the specified activity that Langseth (Langseth) in the waters of Pacific Ocean, 2017/2018 cannot be reasonably expected to, and is New Zealand in the southwest Pacific not reasonably likely to, adversely affect Ocean in 2017/2018. The NSF-owned AGENCY: National Marine Fisheries the species or stock through effects on Langseth is operated by L–DEO. One Service (NMFS), National Oceanic and annual rates of recruitment or survival. proposed survey would occur east of Atmospheric Administration (NOAA), The MMPA states that the term ‘‘take’’ North Island and would use an 18- Commerce. means to harass, hunt, capture, or kill, airgun towed array with a total ACTION: Notice; issuance of an incidental or attempt to harass, hunt, capture, or discharge volume of ∼3,300 cubic inches harassment authorization. kill any marine mammal. (in3). Two other proposed seismic Except with respect to certain surveys (one off the east coast of North SUMMARY: In accordance with the activities not pertinent here, the MMPA Island and one south of South Island) regulations implementing the Marine defines ‘‘harassment’’ as any act of would use a 36-airgun towed array with Mammal Protection Act (MMPA) as pursuit, torment, or annoyance which (i) a discharge volume of ∼6,600 in3. The amended, notification is hereby given has the potential to injure a marine surveys would take place in water that NMFS has issued an incidental mammal or marine mammal stock in the depths from ∼50 to >5,000 m. harassment authorization (IHA) to wild (Level A harassment); or (ii) has The North Island two-dimensional Lamont-Doherty Earth Observatory of the potential to disturb a marine (2-D) survey would consist of Columbia University (L–DEO) to mammal or marine mammal stock in the approximately 35 days of seismic incidentally harass, by Level A and wild by causing disruption of behavioral operations plus approximately 2 days of Level B harassment only, marine patterns, including, but not limited to, transit and towed equipment mammals during marine geophysical migration, breathing, nursing, breeding, deployment/retrieval. The Langseth survey activities in the southwest feeding, or sheltering (Level B would depart Auckland on Pacific Ocean. harassment). approximately October 26, 2017 and DATES: This Authorization is valid from arrive in Wellington on December 1, National Environmental Policy Act October 27, 2017 through October 26, 2017. The North Island three- 2018. NMFS prepared an Environmental dimensional (3-D) survey is proposed Assessment (EA) and analyzed the for approximately January 5, 2018– FOR FURTHER INFORMATION CONTACT: potential impacts to marine mammals February 8, 2018 and would consist of Jordan Carduner, Office of Protected that would result from L–DEO’s planned approximately 33 days of seismic Resources, NMFS, (301) 427–8401. surveys. A Finding of No Significant operations plus approximately 2 days of Electronic copies of the application and Impact (FONSI) was signed on October transit and towed equipment supporting documents, as well as a list 27, 2017. A copy of the EA and FONSI deployment/retrieval. The Langseth of the references cited in this document, is available upon request (see would leave and return to port in may be obtained online at: ADDRESSES). Napier. The South Island 2-D survey is www.nmfs.noaa.gov/pr/permits/ proposed for approximately February incidental/research.htm. In case of Summary of Request 15, 2018–March 15, 2018 and would problems accessing these documents, On May 17, 2017, NMFS received a consist of approximately 22 days of please call the contact listed above. request from L–DEO for an IHA to take seismic operations, approximately 3 SUPPLEMENTARY INFORMATION: marine mammals incidental to days of transit, and approximately 7 conducting a marine geophysical survey Background days of ocean bottom seismometer in the southwest Pacific Ocean. On (OBS) deployment/retrieval. Sections 101(a)(5)(A) and (D) of the September 13, 2017, we deemed The proposed surveys would occur MMPA (16 U.S.C. 1361 et seq.) direct L–DEO’s application for authorization to within the Exclusive Economic Zone the Secretary of Commerce (as delegated be adequate and complete. L–DEO’s (EEZ) and territorial sea of New to NMFS) to allow, upon request, the request is for take of 38 species of Zealand. The proposed North Island incidental, but not intentional, taking of marine mammals by Level B harassment 2-D survey would occur within ∼37–43° small numbers of marine mammals by and Level A harassment. Neither L–DEO S. between 180° E. and the east coast of U.S. citizens who engage in a specified nor NMFS expects mortality to result North Island along the Hikurangi activity (other than commercial fishing) from this activity, and, therefore, an IHA margin. The proposed North Island 3-D within a specified geographical region if is appropriate. The planned activity is survey would occur over a 15 x 60 certain findings are made and either not expected to exceed one year, hence, kilometer (km) area offshore at the regulations are issued or, if the taking is we do not expect subsequent MMPA Hikurangi trench and forearc off North limited to harassment, a notice of a incidental harassment authorizations Island within ∼38–39.5° S., ∼178–179.5° proposed authorization is provided to would be issued for this particular E. The proposed South Island 2-D the public for review. activity. survey would occur along the Puysegur An authorization for incidental margin off South Island within ∼163– takings shall be granted if NMFS finds Description of Activity 168° E. between 50° S. and the south that the taking will have a negligible Researchers from California State coast of South Island. Please see Figure impact on the species or stock(s), will Polytechnic University, California 1 and Figure 2 in L–DEO’s IHA not have an unmitigable adverse impact Institute of Technology, Pennsylvania application for maps depicting the

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specified geographic region of the FR 45116; September 27, 2017). Since Register notice for the description of the proposed surveys. that time, no changes have been made specific activity. Specifications of the A detailed description of the planned to the planned activities. Therefore, a airgun arrays, trackline distances, and project is provided in the Federal detailed description is not provided water depths of each of the three Register notice for the proposed IHA (82 here. Please refer to that Federal proposed surveys are shown in Table 1.

TABLE 1—SPECIFICATIONS OF AIRGUN ARRAYS, TRACKLINE DISTANCES, AND WATER DEPTHS ASSOCIATED WITH THREE PLANNED R/V LANGSETH SURVEYS OFF NEW ZEALAND

North Island 2-D survey North Island 3-D survey South Island 2-D survey

Airgun array configuration and total 36 airguns, four strings, total vol- two separate 18-airgun arrays 36 airguns, four strings, total vol- volume. ume of ∼6,600 in3. that would fire alternately; each ume of ∼6,600 in3. array would have a total dis- charge volume of ∼3,300 in3. Tow depth of arrays ...... 9 m ...... 9 m ...... 9 m. Shot point intervals ...... 37.5 m ...... 37.5 m * ...... 50 m. Source velocity (tow speed) ...... 4.3 knots ...... 4.5 knots ...... 4.5 knots. Water depths ...... 8%, 23%, and 69% of line km 0%, 42%, and 58% of line km 1%, 17%, and 82% of line km would take place in shallow would take place in shallow, in- would take place in shallow, in- (<100 m), intermediate (100– termediate, and deep water, re- termediate, and deep water, re- 1,000 m), and deep water spectively. spectively. (>1,000 m), respectively. Approximate trackline distance ...... 5,398 km ...... 3,025 km ...... 4,876 km. Percentage of survey tracklines Approximately 9 percent ...... Approximately 1 percent ...... Approximately 6 percent. proposed in New Zealand Terri- torial Waters. * The two arrays fire alternately with an approximate distance of 37.5 m traveled between the firing of one array, then the other.

Comments and Responses NMFS Response: NMFS understands function of distance from a particular the concerns expressed by the airgun array configuration in deep water NMFS published a notice of proposed Commission about L–DEO’s current (Diebold et al., 2010; NSF–USGS 2011). IHA in the Federal Register on modeling approach for estimating Level For the planned surveys off the coast of September 27, 2017 (82 FR 45116). A and Level B harassment zones. New Zealand, L–DEO modeled Level A During the 30-day public comment L–DEO has conveyed to NMFS that and Level B harassment zones using the period, NMFS received comments from additional modeling efforts to refine the sound propagation modeling approach the Marine Mammal Commission process and conduct comparative described in Diebold et al. (2010), based (Commission), the Marine Seismic analysis may be possible with the on the empirically-derived Research Oversight Committee availability of research funds and other measurements from the Gulf of Mexico (MSROC) and from members of the resources. Obtaining research funds is calibration survey. For deep water general public. NMFS has posted the typically accomplished through a (>1000 meters (m)), L–DEO used the comments online at: http:// competitive process, including those deep-water radii obtained from model www.nmfs.noaa.gov/pr/permits/ submitted to U.S. Federal agencies. The results down to a maximum water depth incidental. The following is a summary use of models for calculating buffer and of 2,000 m (Figure 2 and 3 in Diebold of the public comments and NMFS’ exclusion zone radii and for developing et al., 2010); the radii for intermediate responses. take estimates is not a requirement of water depths (100–1,000 m) were Comment 1: The Commission the MMPA incidental take authorization derived from the deep-water radii by expressed concerns regarding L–DEO’s process. Furthermore, NMFS does not applying a correction factor method to estimate the extent of the provide specific guidance on model (multiplication) of 1.5 (Fig. 16 in Level A and B harassment zones and the parameters nor prescribe a specific Diebold et al., 2010); the radii for numbers of marine mammal takes. The model for applicants as part of the shallow-water depths (<100 m) were Commission stated that the model is not MMPA incidental take authorization derived by applying a scaling factor to the best available science because it process at this time, although we do the empirically derived measurements assumes spherical spreading, a constant review methods to ensure their from the Gulf of Mexico calibration sound speed, and no bottom adequacy for prediction of take. survey (Tolstoy et al., 2009) to account interactions for surveys in deep water. L–DEO’s application describes their for the differences in tow depth between In light of their concerns, the approach to modeling Level A and Level the Gulf of Mexico calibration survey (6 Commission recommended that NMFS B harassment zones. In summary, m) and the planned New Zealand require L–DEO to re-estimate the Level L–DEO acquired field measurements for surveys (9 and 12 m). A and Level B harassment zones and several array configurations at shallow, In 2015, L–DEO explored the question associated takes of marine mammals intermediate, and deep-water depths of whether the Gulf of Mexico using both operational (including during acoustic verification studies calibration data adequately informs the number/type/spacing of airguns, tow conducted in the northern Gulf of model to predict isopleths in other areas depth, source level/operating pressure, Mexico in 2007 and 2008; these were by conducting a retrospective sound operational volume) and site-specific presented in Tolstoy et al. (2009). Based power analysis of one of the lines environmental (including sound speed on the empirical data from those acquired during a L–DEO seismic profiles, bathymetry, and sediment studies, L–DEO developed a sound survey offshore New Jersey in 2014 characteristics at a minimum) propagation modeling approach that (Crone, 2015). NMFS presented a parameters. predicts received sound levels as a comparison of the predicted radii (i.e.,

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modeled isopleths to distances confirm that the empirical pinnipeds. While the NMSDD data is corresponding to Level A and Level B measurements from the Gulf of Mexico more recent than the data presented in harassment thresholds) with radii based calibration survey (the same Bonnell et al. (1992), in this case we on in situ measurements in a previous measurements used to inform L–DEO’s determined that densities presented in notice of issued Authorization for modeling approach for the planned Bonnell et al. (1992), which were Lamont-Doherty (see 80 FR 27635; May surveys in the southwest Pacific Ocean) derived from at-sea surveys, would be 14, 2015, Table 1). overestimated the size of the predicted more representative of densities for Briefly, Crone’s (2015) analysis, isopleths for the shallow-water 2012 similar taxonomic species in a different specific to the survey site offshore New survey off Washington State and were area (in this case, New Zealand). It is Jersey, confirmed that in-situ, site thus precautionary, in that particular important to note that the NMSDD data specific measurements and estimates of case. are specific to the west coast of the U.S. 160 decibels (dB) root mean square NMFS continues to work with L–DEO and were based on population sizes for (rms) and 180 dB rms isopleths to address the issue of incorporating the species in the particular geographic collected by the Langseth’s hydrophone site-specific information for future ranges for the particular geographic streamer in shallow water were smaller authorizations for seismic surveys. areas of concern for the U.S. Navy, and than the modeled (i.e., predicted) zones However, L–DEO’s current modeling are therefore useful in estimating for two seismic surveys conducted approach (supported by the three densities for those same species in those offshore New Jersey in shallow water in studies discussed previously) represents same particular geographic areas. 2014 and 2015. In that particular case, the best available information for NMFS However, in this case the densities Crone’s (2015) results showed that to reach determinations for this IHA. As reported for pinnipeds off the U.S. west L–DEO’s modeled 180 dB rms and 160 described earlier, the comparisons of coast were used to estimate densities of dB rms zones were approximately 28 L–DEO’s model results and the field surrogate species in a different percent and 33 percent larger, data collected in the Gulf of Mexico, geographic area (New Zealand). Thus respectively, than the in-situ, site- offshore Washington State, and offshore our selection of the data from Bonnell specific measurements, thus confirming New Jersey illustrate a degree of et al. (1992) to extrapolate pinniped that L–DEO’s model was conservative in conservativeness built into L–DEO’s densities in New Zealand for this IHA that case. The following is a summary model for deep water, which NMFS was based on a preference to use data of two additional analyses of in-situ expects to offset some of the limitations that was based on at-sea surveys to data that support L–DEO’s use of the of the model to capture the variability estimate at-sea density. While we modeled Level A and Level B resulting from site-specific factors. acknowledge the usefulness of the harassment zones in this particular case. Based upon the best available NMSDD data for calculating marine In 2010, L–DEO assessed the accuracy information (i.e., the three data points, mammal densities for ITAs for activities of their modeling approach by two of which are peer-reviewed, that occur on the U.S. west coast, that comparing the sound levels of the field discussed in this response), NMFS finds does not preclude us from relying on measurements acquired in the Gulf of that the Level A and Level B harassment other data sources when activities are Mexico study to their model predictions zone calculations are appropriate for use planned to occur outside the U.S. In (Diebold et al., 2010). They reported in this particular IHA. Additionally, summary, while NMFS has used that the observed sound levels from the results of acoustic modeling represent NMSDD density data to estimate take of field measurements fell almost entirely just one component of the analysis pinnipeds in previous ITAs for activities below the predicted mitigation radii during the MMPA authorization that occurred off the west coast of the curve for deep water (greater than 1,000 process, as NMFS also takes into U.S., NMFS determined that, for this m; 3280.8 feet (ft)) (Diebold et al., 2010). consideration other factors associated particular IHA, Bonnell et al. (1992) In 2012, L–DEO used a similar with the activity (e.g., geographic represented the best available process to model distances to isopleths location, duration of activities, context, information for the marine mammals in corresponding to the isopleths sound source intensity, etc.). the survey area. corresponding to Level A and Level B Comment 2: The Commission Regarding the Commission’s harassment thresholds for a shallow- recommended that NMFS use a different recommendation that NMFS convene an water seismic survey in the northeast data source to estimate densities of New internal working group to determine Pacific Ocean offshore Washington Zealand fur seals and southern elephant what data sources are considered best State. L–DEO conducted the shallow- seals than was used in the proposed available for the various species and in water survey using the same airgun IHA. Specifically, the Commission the various areas, NMFS may consider configuration planned for the surveys recommended that NMFS rely on the future action to address these issues, but considered in this IHA (i.e., 6,600 cubic data presented in the U.S. Navy Marine currently intends to address these inches (in3)) and recorded the received Species Density Database (NMSDD) to questions through ongoing interactions sound levels on both the shelf and slope estimate take of these pinniped species. with the U.S. Navy, academic using the Langseth’s 8 kilometer (km) The Commission also recommended institutions, and other organizations. hydrophone streamer. Crone et al. that NMFS convene an internal working Comment 3: The Commission (2014) analyzed those received sound group to determine what data sources recommended that NMFS adjust density levels from the 2012 survey and are considered best available for the estimates using some measure of confirmed that in-situ, site specific various species and in the various areas uncertainty (i.e., coefficient of variation, measurements and estimates of the 160 and provide that information to standard deviation, standard error) dB rms and 180 dB rms isopleths applicants accordingly. rather than the proposed 25 percent collected by the Langseth’s hydrophone NMFS Response: Density data contingency, and recommended that streamer in shallow water were two to presented in Bonnell et al. (1992) was NMFS convene a working group to three times smaller than L–DEO’s used in this particular IHA because it determine how best to incorporate modeling approach had predicted. was based on systematic aerial at-sea uncertainty in density data that are While the results confirmed surveys (off Oregon and Washington), extrapolated. bathymetry’s role in sound propagation, whereas the data presented in NMSDD NMFS Response: The Commission has Crone et al. (2014) were also able to was derived from surveys of hauled out recommended previously that NMFS

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adjust density estimates using some an individual animal would translate to low as to be discountable. For instance, measure of uncertainty when available an entire group of that species being though common dolphin group size density data originate from different taken by Level A harassment, in all varies depending on season, depth, sea geographic areas, temporal scales, and instances. The assumption that if a surface temperature, Stockin (2008) species, especially for actions which single individual is taken then an entire reported the most frequently observed will occur outside the U.S. EEZ where group would be taken only applies in group size in the Hauraki Gulf to be 21– site- and species-specific density the case of instantaneous exposure, as it 30 animals. We believe the possibility of estimates tend to be scant, such as is extremely unlikely than an entire a group of 21–30 dolphins approaching L–DEO’s planned survey. We have group of animals would remain within within 14 m of the airgun array and attempted to do so in this IHA, and feel an area long enough to be taken by an being taken by Level A harassment is so the 25 percent correction factor is an accumulation of energy (SELcum). low as to be discountable. Therefore, for appropriate method in this case to Therefore, in analyzing this question, the species categorized as low-frequency account for uncertainties in the density we only considered the potential for cetaceans, mid-frequency cetaceans, data that was available for use in the Level A take of an entire group of the phocid pinnipeds and otariid take estimates. NMFS is open to species in the context of peak sound pinnipeds, we do not authorize Level A consideration of other correction factors pressure level (SPL). The modeled Level take by group size, when at least one for use in future IHAs and looks forward A zones (peak SPL) for marine mammal take is estimated to occur for the to further discussion with the functional hearing groups are relatively species. Commission on how best to incorporate small, especially in the cases of low- The Level A harassment zones (peak uncertainty in density estimates in frequency cetaceans, mid-frequency SPL) for high-frequency cetaceans are instances where density data is limited. cetaceans, phocid pinnipeds and otariid estimated at 229.2 m, 119.0 m, and Regarding the recommendation that pinnipeds, for which the modeled Level 229.2 m, for the North Island 2-D, North NMFS convene a working group to A zones (peak SPL) are all estimated to Island 3-D, and South Island 2-D determine how best to incorporate be less than 50 m (Tables 6, 7 and 8). surveys, respectively. We analyzed the uncertainty in density data that are Coupled with the fact that shutdown of potential for a group of any of the extrapolated, NMFS may consider the airguns is required for marine species in the high-frequency functional future action to address these issues, but mammals within 100 m of the array hearing group (that occur in the survey currently intends to address these (with the exception of short-beaked areas) occurring between 229.2 m questions through ongoing interactions common dolphins, dusky dolphins and (largest distance to the isopleth with the U.S. Navy, academic southern right whale dolphins that institutions, and other organizations. corresponding to the Level A approach the vessel), it is very unlikely harassment threshold) and 100 m (the Comment 4: The Commission that an entire group of any species of expressed concern regarding methods distance to the 100 m exclusion zone marine mammals in these functional used to estimate the numbers of takes, (EZ) for the smallest element in the hearing groups would be exposed to the including the use of rounding in array, for all species in the high- airgun array at levels that would calculations and recommended that frequency functional hearing group) of constitute Level A harassment. For NMFS share the rounding criteria with the array. The species in this group for instance, in the case of short-finned the Commission. which Level A take is authorized in this NMFS Response: NMFS appreciates pilot whales, one take by Level A IHA include the hourglass dolphin, the Commission’s ongoing concern in harassment is estimated during the spectacled porpoise and pygmy sperm this matter. Calculating predicted takes North Island 2-D survey (Table 10). whale. We are not aware of information is not an exact science and there are Though we are not aware of information on the group sizes of these species in arguments for taking different on the typical group size for short- the waters off New Zealand. However, mathematical approaches in different finned pilot whales off New Zealand, based on the best available information, situations, and for making qualitative Ross (2006) reported that short-finned estimated group sizes are lower than the adjustments in other situations. We pilot whales off Australia tend to occur number of takes authorized, when at believe, however, that the methodology in groups of 10–30 individuals. The least 1 Level A take is authorized, for used for take calculation in this IHA, as Level A harassment zone (SPL) for these species: Hourglass dolphin group described in detail in the Federal short-finned pilot whales (considered to size was reported as averaging 2–6 Register notice of the proposed IHA (82 be in the mid-frequency functional individuals in Antarctic waters FR 45116; September 27, 2017), remains hearing group) for the North Island 2-D (Santora, 2012) whereas 15, 10, and 12 appropriate. NMFS continues to refine survey is estimated to be less than 14 m takes by Level A harassment are the rounding criteria and will share the (Table 6). We believe the possibility of authorized (for North Island 2-D, North criteria with the Commission upon its a group of 10–30 short-finned pilot Island 3-D, and South Island 2-D survey, finalization. whales approaching within 14 m of the respectively); spectacled porpoise group Comment 5: The Commission airgun array and being taken by Level A size was reported as 2 individuals in recommended that NMFS authorize harassment, especially considering the Antarctic waters (Sekiguchi et al., 2006), Level A take based on group size of the mitigation requirement that the array be whereas 6 takes by Level A harassment species when Level A take is anticipated shut down entirely if a pilot whale are authorized for the South Island 2-D and when the estimated Level A take of approaches within 100 m of the array, survey (with 0 Level A takes predicted a species was less than the group size is so low as to be discountable. for the North Island 2-D and North for the species. Even in the case of short-beaked Island 3-D surveys); Kogia spp. mean NMFS Response: NMFS considered common dolphins, dusky dolphins and group size was reported as 1.9 this recommendation but ultimately southern right whale dolphins that individuals in the California current concluded that, given the modeled approach the vessel, for which the ecosystem (Barlow, 2010) whereas 6, 4, Level A harassment zones in concert power down requirement does not and 5 takes by Level A harassment are with the mitigation measures required apply, we believe the likelihood that a authorized (for North Island 2-D, North in the IHA, it was not realistic to assume group of bow-riding dolphins would Island 3-D, and South Island 2-D survey, a single take by Level A harassment of occur within 14 m of the array to be so respectively). Because the number of

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authorized Level A takes are higher than IHA to require LDEO to abide by the details, including the reasoning behind the respective group sizes for these regulatory requirements of New the shutdown requirement upon species, we do not authorize Level A Zealand’s Exclusive Economic Zone and acoustic detection and the sperm whale take by group size, when at least one Continental Shelf Act and, through it, exception. take is estimated to occur for the the mandatory provisions of the 2013 NMFS considered requirement of species, for any marine mammal Code of Conduct for Minimizing shutdown upon visual detection of species. Acoustic Disturbance to Marine sperm whales at any distance. We have Comment 6: The Commission Mammals from Seismic Survey included a mitigation measure that recommended that NMFS include a take Operations (Code). would require shutdown of the array on table showing the total numbers of takes NMFS Response: NMFS does not have acoustic detection of sperm whales at for the entire activity area (territorial the statutory authority to require L–DEO any distance (except in instances where seas, exclusive economic zones, and to abide by the regulatory requirements the sperm whale can be definitively high seas). of New Zealand’s Exclusive Economic localized as being located outside the NMFS Response: NMFS does not Zone and Continental Shelf Act and, 500 m EZ). The reasoning behind the authorize takes in the territorial sea. through it, the mandatory provisions of shutdown requirement upon acoustic However, we have included a table the Code. Under the MMPA, L–DEO detection is provided in more detail showing the take estimates in the New must comply with the requirements of below (see section on Mitigation). Based Zealand territorial sea (see Table 14). the IHA. However, we also encourage L– on the best available information, we Comment 7: The Commission DEO to comply with the provisions of believe that acoustic detections of sperm recommended that NMFS include the Code to the extent possible. whales would most likely be pygmy and gingko-toothed beaked Comment 10: The Commission representative of the foraging behavior whales and dwarf sperm whales in the recommended that NMFS include a we intend to minimize disruption of, IHA, based on range estimates and mitigation measure requiring shutdown while visual observations of sperm stranding records in New Zealand for of the airgun array upon observation of whales would represent resting between these species. a large whale with calf or an aggregation bouts of such behavior. Occurrence of NMFS Response: NMFS has reviewed of large whales at any distance, in an resting sperm whales at distances the available literature available on the effort to minimize impacts on beyond the 500 m exclusion zone may strandings of these three species. While mysticetes and sperm whales that are not indicate a need to implement stranding records exist for these species engaged in biologically-important shutdown. Therefore, this measure has in various locations on the coast of New behaviors (e.g., nursing, breeding, not been added to the final IHA. This is Zealand, these strandings appear to feeding). discussed in greater detail in the have been isolated events in all cases NMFS Response: NMFS has included Mitigation section, below. and do not suggest that the density of mitigation measures in the final IHA NMFS agrees with the Commission these species in the survey area is such requiring shutdown of the airgun array that consistency in mitigation measures that take of these species is likely to upon observation of a large whale with across incidental take authorizations occur. Therefore, we do not authorize calf and upon observation of an (ITAs) for similar activities is a take of ginkgo-toothed beaked whales, aggregation of large whales at any worthwhile goal, to the extent pygmy beaked whales, and dwarf sperm distance, as recommended by the practicable. However, NMFS also must whales in this IHA. Commission. See the section on determine the most appropriate Comment 8: The Commission Mitigation, below, for more details. mitigation measures for a given ITA, recommended that NMFS prohibit L– Comment 11: The Commission taking into account factors unique to DEO from using power downs during its recommended that NMFS incorporate that ITA, such as the type, extent, survey. mitigation measures that would require location, and timing of activities, and NMFS Response: NMFS agrees with both visual observations and passive therefore, complete consistency in the Commission that limiting the use of acoustic methods to implement mitigation measures across ITAs for power downs can be beneficial in shutdown procedures when any sperm similar activities will not always be reducing the overall sound input in the whale, beaked whale, or Kogia spp. are possible. NMFS is still in the process of marine environment from geophysical detected, which would bolster determining best practice, via surveys; as such, NMFS is requiring that mitigation efforts as a whole, affording solicitation of public comment, for the power downs in this IHA occur for no NMFS the ability to further reduce the use of a suite of mitigation measures in more than a maximum of 30 minutes at impacts on those deep-diving species. ITAs for marine geophysical surveys. any time. NMFS is still in the process The Commission also recommended a We will take into consideration the of determining best practice, via consistent approach for requiring all Commission’s recommendations with solicitation of public comment, for the geophysical and seismic survey regard to mitigation measures as we use of power downs as a mitigation operators to abide by the same general work toward determinations on best measure in ITAs for geophysical mitigation measures. practices for mitigation measures in surveys. We will take into consideration NMFS Response: NMFS has included IHAs for geophysical surveys. the Commission’s recommendation that a mitigation measure in the final IHA Ultimately our determination will be power downs be eliminated as a requiring shutdown of the airgun array based on the best available science and mitigation measure as we work toward upon acoustic detection of a beaked will be communicated clearly to ITA a determination on best practices for the whale, sperm whale, or Kogia spp., as applicants. use of power downs in IHAs for marine recommended by the Commission, with Comment 12: The Commission geophysical surveys. Ultimately our an exception for sperm whales in expressed concern that reporting of the determination will be based on the best instances where the acoustic detection manner of taking and the numbers of available science and will be can be definitively localized and the animals incidentally taken should communicated clearly to ITA sperm whale is confirmed to be located account for all animals in the various applicants. outside the 500 m exclusion zone. See survey areas, including those animals Comment 9: The Commission the Response to Comment 13 and the directly on the trackline that are not recommended that NMFS condition the section on Mitigation, below, for further detected, and how well animals are

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detected based on the distance from the from the IHA based on input received that the survey will coincide with observer (accounted for by g(0) and f(0) from the NZDOC (see the section on Hector’s dolphin calving season. We values). The Commission has Revisions to the IHA That Have agree with the concerns raised by this recommended a method for estimating Occurred Since the Proposed IHA, comment, especially given the the number of cetaceans in the vicinity below, for details). The comment also proximity of the planned track lines of of geophysical surveys based on the stated that lack of communication with the South Island 2-D survey to Te number of groups detected and indigenous groups represents a breach Waewae Bay (see Figure 2 in the IHA recommended that NMFS require of the Treaty of Waitangi; however, the application). In response to this L–DEO to use this method for estimating United States is not a Party to the Treaty concern, we have incorporated a g(0) and f(0) values to better estimate the of Waitangi. mitigation measure that would require numbers of marine mammals taken by Comment 14: A member of the general shutdown of the array upon visual Level A and Level B harassment. public expressed concern regarding detection of South Island Hector’s NMFS Response: NMFS agrees that potential impacts to marine mammals, dolphins at any distance. Based on this reporting of the manner of taking and including impacts to mother-calf pairs, comment, we have also added a the numbers of animals incidentally South Island Hector’s dolphins, mitigation measure requiring shutdown taken should account for all animals southern right whales, blue whales, of the array upon acoustic detection of taken, including those animals directly killer whales, sperm whales and beaked a Hector’s dolphin during North and on the trackline that are not detected whales. The commenter also expressed South Island surveys, if the acoustic and how well animals are detected concern that tourism companies could detection can be definitively identified based on the distance from the observer, be hurt financially by the planned as a Hector’s dolphin. More information to the extent practicable. NMFS surveys is provided below in the section on appreciates the Commission’s NMFS Response: The commenter Revisions to the IHA That Have recommendations but we believe that expressed concern that the timing of the Occurred Since the Proposed IHA. the Commission’s described method planned surveys overlaps with calving Regarding the concern that tourism needs further consideration in relation season for delphinids and that noise companies could be impacted to the observations conducted during from the planned surveys could financially by the planned surveys, this marine geophysical surveys. Therefore, interfere with mother-calf statement was not supported by any at this time we do not prescribe a communication. The commenter did not information and we cannot speculate as particular method for accomplishing provide any detailed or substantive to any potential effects to tourism this task. We look forward to engaging information or references to support this companies as a result of L–DEO’s further both L–DEO, the Commission statement or change our analyses. We survey. NMFS also does not have any and other applicants to reach a recognize that restricted communication authority under the MMPA to restrict determination on the most suitable as a result of increased noise from activities based on potential impacts to method to for estimating g(0) and f(0) seismic surveys may be of concern, tourism, as we do not authorize the values. which is why we have incorporated activity itself, as described above. Comment 13: A member of the general mitigation measures to minimize the Comment 15: A member of the general public expressed concern regarding the potential for this to occur. For instance, public expressed concern that the effective dates of the IHA and that there the IHA requires that the airgun array be abundances for marine mammals had not been adequate consultation shut down upon observation of a large provided in Table 2 in the Notice of the within New Zealand, including that the whale with calf at any distance; Proposed IHA (82 FR 45116; September local indigenous populations were not additionally, the airgun array would be 27, 2017) do not reflect abundance consulted. powered down to a single 40 in3 airgun estimates for those marine mammals NMFS Response: NMFS has followed if any delphinids (other than those that specifically around New Zealand and met its statutory obligations with approach the vessel (i.e., bow ride)) are because they incorporate population respect to notifying the public of, and detected within 500 m of the array. We estimates from the entire Southern requesting comments on, the proposed have determined these measures ensure Hemisphere. The comment asserted that IHA, and has considered and responded the least practicable impact on the many of the marine mammal species to all public comments received. With species potentially affected. The have unique and important respect to concerns regarding commenter expressed concern regarding subpopulations. The commenter communication within New Zealand, potential impacts to blue whales, killer specifically recommended that the including with indigenous groups, whales, sperm whales and other deep- abundance estimates for southern right NMFS does not have the authority to diving whales. However, the comments whale and killer whale be revised. require communication between L–DEO specific to blue whales, killer whales, NMFS Response: The commenter did and the New Zealand government or sperm whales and other deep-diving not suggest specific revisions to interested parties within New Zealand. whales did not include any supporting abundance estimates, with the In addition, the MMPA provides information nor did they recommend exception of southern right whale and authority only to authorize the take of any specific action. NMFS believes the killer whale. With respect to southern marine mammals that may occur mitigation and monitoring measures right whale and killer whale the incidental to the activity; NMFS does incorporated in the IHA, including commenter did not provide specific not permit the activity itself. However, measures specific to sperm whales and information to support revisions to our the National Science Foundation, as the other deep diving cetaceans, ensure the abundance estimates for those species. funder of the survey, has been in least practicable impact on the species For southern right whales, the communication with the New Zealand potentially affected (see the Mitigation commenter referenced an estimated Department of Conservation (NZDOC) section, below). abundance of 200. The source for this regarding the survey, and The commenter also expressed estimate was the Web site of a New recommendations from the NZDOC concern regarding South Island Hector’s Zealand based non-governmental have been incorporated in the IHA. For dolphins, specifically the subpopulation organization; however, this Web site instance, the power down waiver for that resides in Te Waewae Bay, noting does not cite any literature to support bottlenose dolphins has been removed that they exhibit high site fidelity and this estimate, therefore we have no way

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to verify the accuracy of this figure or monitoring reports submitted for past pinnipeds as assessed against SELcum revise our abundance estimate based on IHAs for similar activities (i.e., marine thresholds (NMFS, 2016) (Tables 7, 8, it. For killer whale abundance, the geophysical surveys conducted on the 9). Additionally, the 500 m EZ is commenter referenced an estimated Langseth) which have used the same expected to minimize the likelihood abundance of 150–200 individuals. The number of PSOs and the same PSO that marine mammals will be exposed to source for this estimate is a NZDOC staffing configurations as that required levels likely to result in more severe Web site; however, this Web site does in this IHA. We believe the number and behavioral responses. It has also proven not cite any literature to support this location of PSOs required in the IHA to be practicable through past estimate, therefore we have no way to ensure the least practicable impact on implementation in seismic surveys verify the accuracy of this figure or species potentially affected. conducted for the oil and gas industry. revise our abundance estimate based on The commenter expressed concern A practicable criterion such as the it. The commenter did not provide any that sound propagation should be proposed 500 m EZ has the advantage specific recommendations regarding verified in the field to ensure accuracy of simplicity while still providing in revisions to abundance estimates for any of the sound propagation models. The most cases a zone larger than relevant other species. The commenter refers to commenter expressed that this would be auditory injury zones, given realistic marine mammals abundances described of particular concern in regards to the movement of source and receiver. With in Baker et al. (2016); however, that South Island Hector’s dolphin respect to the Code, as described above, document does not provide abundance subpopulation that has site fidelity to Te NMFS does not have the statutory estimates for specific marine mammal Waewae Bay. As described above, authority to require L–DEO to abide by species. NMFS believes that L–DEO’s current the requirements of the Code outside a With regard to the abundance modeling approach represents the best finding that the Code represents estimates for the other species in Table available information for NMFS to reach mitigation necessary to effect the least 2, we made our findings about the determinations for this IHA. We refer practicable impact on the affected applicable management units and the reader to the response to Comment marine mammal species or stocks, abundance estimates for those species 1, above, for a more detailed discussion which is not the case here. However, we based on the best available information. of L–DEO’s acoustic modeling encourage L–DEO to comply with the Comment 16: A member of the general methodology. In addition, as described provisions of the Code to the extent public expressed concerns with and above, results of acoustic modeling possible. offered suggestions about some of the represent just one component of the The commenter expressed concern mitigation measures. Specific concerns analysis during the MMPA that the use of the single 40 in3 airgun or suggestions raised by the commenter authorization process, as NMFS also during power downs adds more sound were related to: Mitigation measures for takes into consideration other factors to the marine environment, though this surveys during nighttime and low associated with the activity and, as comment appears to be based on the visibility; the number and location of described herein, our determination of mistaken impression that the single PSOs relative to the survey vessel; the appropriate distance for mitigation airgun may be used ‘‘continuously.’’ We verification of sound propagation zones is not based on acoustic note that the use of the single 40 in3 modeling; size of exclusion zones; use modeling. With respect to the use of airgun during power downs is, in fact, of power downs; mitigation for the sound source verification to verify the permitted for no more than 30 minutes multibeam echosounder (MBES) and distances to isopleths that coincide with at any time (as described in greater sub-bottom profiler (SBP); and harassment thresholds for Hector’s detail in the Mitigation section below). shutdown requirements for Hector’s dolphins, we have incorporated a The comment did not cite any dolphins. requirement in the IHA that the array substantive information regarding NMFS Response: The commenter must be shut down upon visual or power downs or make any expressed concern that mitigation acoustic detection of Hector’s dolphins recommendations regarding power measures for surveys during nighttime at any distance, as described below. downs, therefore we do not further and low visibility conditions were The commenter expressed concern revise the requirements specific to limited to use of PAM. However, the about the 500 m exclusion zone and power downs in response to this IHA also requires that L–DEO must recommended that the exclusion zone comment. provide a night-vision device suited for should be extended to between 1–1.5 The commenter expressed concern the marine environment for use during km for all species of marine mammals with the use of the MBES and SBP, nighttime ramp-up pre-clearance, which detected visually and/or acoustically, citing a report on a mass stranding of must include automatic brightness and and referred to more conservative zones melon-headed whales on the gain control, bright light protection, required by the Code for some marine Madagascar coast in 2008 that was infrared illumination, and optics suited mammals. As described in the Federal attributed to use of a MBES (Southall et for low-light situations. We have Register Notice of the Proposed IHA (82 al., 2013). The commenter also determined that the mitigation measures FR 45116; September 27, 2017), our use requested that NMFS require that the specific to nighttime and low visibility of 500 m as the EZ is based on a MBES be shut down in instances when conditions ensure the least practicable reasonable combination of factors. This mitigation measures require shutdown impact on species potentially affected. zone is expected to contain all potential of the airgun array. The commenter expressed concern auditory injury for all marine mammals A Kongsberg EM 122 MBES would be that the number of required PSOs is not (high-frequency, mid-frequency and operated continuously during the sufficient, and suggested observers be low-frequency cetacean functional proposed surveys, but not during transit deployed on other vessels in addition to hearing groups and otariid and phocid to and from the survey areas. Due to the the Langseth. However, we believe that pinnipeds) as assessed against peak lower source level of the MBES relative mitigation and monitoring measures pressure thresholds (NMFS, 2016) to the Langseth’s airgun array, sounds required in the IHA can be adequately (Tables 7, 8, 9). It is also expected to from the MBES are expected to be performed by the number of PSOs contain all potential auditory injury for effectively subsumed by the sounds required in the IHA, and that this has high-frequency and mid-frequency from the airgun array when both sources been demonstrated through numerous cetaceans as well as otariid and phocid are operational. Thus, NMFS has

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determined that any marine mammal 2008. Based on the best available MSROC and an additional comment potentially exposed to sounds from the information, we do not believe the use from the general public. The comment MBES would already have been exposed of the MBES aboard the Langseth will letter from the MSROC affirmed that to sounds from the airgun array, which result in marine mammal strandings. there is significant support from the are expected to propagate further in the The commenter expressed concern MSROC for the IHA to be issued for the water, when both sources are that a shutdown requirement upon any proposed surveys and for the surveys to operational. During periods when the observation of Hector´s dolphins at any be conducted. A private citizen airguns are inactive and the MBES is distance, including upon acoustic expressed concern that animals should operational, NMFS has determined that, detection, is warranted. As described not be harmed in the process of given the movement and speed of the above, based on the best available surveying or studying them. NMFS vessel and the intermittent and narrow information, NMFS agrees this measure considered this comment, however, it downward-directed nature of the is warranted, and has incorporated these did not contain any substantive sounds emitted by the MBES (each ping requirements in the IHA. See the section information regarding the potential for emitted by the MBES consists of eight on Mitigation and the section on the proposed surveys to harm marine (in water >1,000 m deep) or four (<1,000 Revisions to the IHA That Have mammals. m) successive fan-shaped transmissions, Occurred Since the Proposed IHA, ° below, for details. Revisions to the IHA That Have each ensonifying a sector that extends 1 Occurred Since the Proposed IHA fore-aft), the MBES would result in no In summary, we have determined the more than one or two brief ping mitigation measures contained in the Based on public comments and a exposures to any individual marine IHA ensure the least practicable impact recalculation of the take estimates in the mammal, if any exposure were to occur. on marine mammal species potentially proposed IHA, we have made revisions affected. to the IHA since we published the Regarding the 2008 mass stranding of Comment 17: A member of the general notice of the proposed IHA in the melon-headed whales in Madagascar, it public expressed that L–DEO should Federal Register (82 FR 45116; should be noted that the report to which employ alternative research September 27, 2017). Those revisions the commenter refers states that while technologies, including Vibroseis and are described below. the MBES was determined as the most AquaVib, rather than airguns to perform Revisions to the take estimates—Take likely cause of the stranding event, there the planned marine geophysical estimates in the final IHA have been was no unequivocal and easily surveys. revised slightly since we published the identifiable single cause of the event, NMFS Response: At this point in time, notice of the proposed IHA in the such as those that have been implicated the alternative technologies identified Federal Register (82 FR 45116; in previous marine mammal mortalities by the commenter are not commercially September 27, 2017), due to a math (e.g., entanglement, vessel strike, viable or appropriate to meet the needs error in calculating the 25 percent identified disease) or mass stranding of the planned surveys. With respect to correction factor for uncertainty in events (e.g., weather, extreme tidal Vibroseis, there is no commercially density estimates applied to the overall events, predator presence, available marine vibrator system that take estimate. This has resulted in anthropogenic noise) (Southall et al., can be used for the planned surveys. higher take estimates in some cases, and 2013). The report also notes that the The AquaVib is a modified version of a lower take estimates in some cases, in 2008 mass stranding event in land seismic vibrator system that is comparison to the take estimates Madagascar was the first known such capable of being placed in very shallow described in the notice of the proposed marine mammal mass stranding event water (i.e., a few meters) and in IHA. Revised take estimates are shown closely associated with relatively high- transition zone environments (i.e., in Tables 10, 11, 12 and 13. These frequency mapping sonar systems such marshes, etc.); however the AquaVib revisions have not impacted our as MBES and that similar MBES systems would not be suitable for L–DEO’s preliminary determinations. are in fact commonly used in planned surveys. As suggested by the Shutdown requirement upon visual hydrographic surveys around the world commenter, NMFS has requested the detection of an aggregation of large over large areas without such events National Science Foundation to whales at any distance—We have added being previously documented (Southall continue to review and consider a mitigation measure that requires that et al., 2013). The report found that in alternative technologies to support the airgun array be shut down upon the case of the 2008 mass stranding future marine geophysical research. visual detection of an aggregation (i.e., event, environmental, social, or some Comment 18: A member of the general six or more animals) of large whales of other confluence of factors (e.g., public stated that L–DEO should agree any species (i.e., sperm whale or any shoreward-directed surface currents and to pay for any necropsies of marine baleen whale) at any distance. This elevated chlorophyll levels in the area mammals that strand around the entire measure is discussed in greater detail in preceding the stranding) may have coastline of New Zealand during and the Mitigation section, below. meant that that particular group of after the survey. Shutdown requirement upon visual whales was oriented relative to the NMFS Response: NMFS does not detection of South Island Hector’s directional movement of the survey anticipate that the survey will result in dolphins—We have added a mitigation vessel (the vessel moved in a directed strandings of marine mammals. We also measure that requires that the airgun manner down the shelf-break; Southall do not have the authority to require array be shut down upon visual et al., 2013, Figure 2) in such a way that applicants to fund marine mammal detection of a Hector’s dolphin during an avoidance response caused animals necropsies. However, should any the South Island survey. Hector’s to move into an unfamiliar and unsafe stranded animals be observed during the dolphins have relatively small home out-of-habitat area (Southall et al., surveys, we have included reporting ranges and high site fidelity; a survey in 2013). NMFS is not aware of any marine measures to ensure L–DEO promptly 2002 found that the majority of Hector’s mammal stranding events that have notifies NMFS and the NZDOC (see the dolphins ranged less than 60 km (Brager been documented as a result of exposure section on Reporting, below). et al., 2002); along-shore home range is to sounds from MBES since the In addition to the comments above, typically less than 50 km (Oremus et al., Madagascar mass stranding event in NMFS received comments from the 2012). There are at least three,

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genetically distinct, regional detection can be localized and it is Description of Marine Mammals in the populations of South Island Hector’s determined the sperm whale is outside Area of Specified Activities dolphin (Dawson et al. 2004); a the 500 m EZ) is discussed in greater Section 4 of the application genetically distinct and localized detail in the Mitigation section, below. summarizes available information population occurs in Te Waewae Bay Revision to power down waiver for regarding status and trends, distribution (Mackenzie and Clement, 2014)). Due to certain delphinids—In the Federal and habitat preferences, and behavior the limited range and high site fidelity Register notice of the proposed IHA (82 and life history, of the potentially of the population of Hector’s dolphin FR 45116; September 27, 2017), NMFS affected species. Additional information that occurs in Te Waewae Bay and the proposed a waiver to the requirement to regarding population trends and threats proximity of the planned South Island power down the array upon marine may be found in NMFS’ Stock 2-D survey with Te Waewae Bay (see Assessment Reports (SAR; Figure 2 in the IHA application), NMFS mammals observed within or approaching the 500 m exclusion zone www.nmfs.noaa.gov/pr/sars/), and more has determined that shutdown of the general information about these species array upon visual detection of Hector’s that would apply specifically to cetaceans of the genera Tursiops, (e.g., physical and behavioral dolphins during the South Island 2-D descriptions) may be found on NMFS’ survey is warranted. Delphinus and Lissodelphis that approach the vessel (e.g., bow riding). Web site (www.nmfs.noaa.gov/pr/ Shutdown requirement upon acoustic species/mammals/). We have revised this waiver to the detection of Hector’s dolphins, beaked Table 2 lists all species with expected whales, sperm whales, or Kogia spp.— requirement to power down the array potential for occurrence in the We have added a mitigation measure such that it applies to all small dolphins southwest Pacific Ocean off New that requires that the airgun array be except spectacled porpoise and Zealand and summarizes information shut down upon acoustic detection of bottlenose, hourglass, and Hector’s related to the population, including Hector’s dolphins, beaked whales, dolphins. We have revised the species regulatory status under the MMPA and sperm whales, or Kogia spp. (with an for which the power down waiver ESA. The populations of marine exception for sperm whales only, if the applies because we had previously mammals considered in this document acoustic detection can be localized and mistakenly excluded all dolphins in the do not occur within the U.S. EEZ and it is determined the sperm whale is genera Lagenorhynchus from the power are therefore not assigned to stocks and outside the 500 m EZ). The requirement down waiver, based on a concern are not assessed in NMFS’ Stock to shut down the airgun array upon (which we still hold) that cetaceans Assessment Reports visual detection of a beaked whale or considered to be in the high frequency (www.nmfs.noaa.gov/pr/sars/). As such, Kogia spp. at any distance was included functional hearing group would be more information on potential biological in the Federal Register notice of the sensitive to airgun sounds; however, as removal (PBR; defined by the MMPA as proposed IHA (82 FR 45116; September dusky dolphins (Lagenorhynchus the maximum number of animals, not 27, 2017) in recognition of the fact that obscurus) are in fact considered to be in including natural mortalities, that may these species are behaviorally sensitive the mid frequency functional hearing be removed from a marine mammal deep divers and it is possible that group, we believe the power down stock while allowing that stock to reach disturbance could provoke a severe waiver should apply to dusky dolphins. or maintain its optimum sustainable behavioral response leading to injury Additionally, we have removed population) and on annual levels of (e.g., Wursig et al., 1998; Cox et al., cetaceans of the genera Tursiops (i.e., serious injury and mortality from 2006). The requirement to shut down bottlenose dolphins) from the power anthropogenic sources are not available the airgun array upon visual detection down waiver in response to concerns for these marine mammal populations. of a Hector’s dolphin at any distance expressed by the NZDOC, as bottlenose In addition to the marine mammal was included in the Federal Register dolphins are listed as a species of species known to occur in planned notice of the proposed IHA (82 FR concern in New Zealand and are survey areas, there are 16 species of 45116; September 27, 2017), specifically particularly susceptible to impacts from marine mammals with ranges that are for the planned North Island surveys; human activities due to their coastal known to potentially occur in the waters of the planned survey areas, but they are we have since added the requirement nature. Therefore the power down that the array must be shut down upon categorized as ‘‘vagrant’’ under the New waiver will not apply for bottlenose observation of a Hector’s dolphin, at any Zealand Threat Classification System dolphins. Effectively, the species which distance, during the South Island survey (Baker et al., 2016). These species are: are included in the power down waiver (as described above). The intent behind The ginkgo-toothed whale (Mesoplodon are: short-beaked common dolphin the requirement to shut down upon ginkgodens); pygmy beaked whale (M. acoustic detection is the same as that (Delphinus delphis), dusky dolphin peruvianus); dwarf sperm whale (Kogia behind the requirement to shut down (Lagenorhynchus obscurus) and sima); pygmy killer whale (Feresa upon visual detection. As discussed southern right whale dolphin attenuata); melon-headed whale above, shutdown upon visual detection (Lissodelphis peronii). Finally, we (Peponocephala electra); Risso’s of sperm whales at any distance is not specified in the proposed IHA that the dolphin (Grampus griseus); Fraser’s required in the IHA (the reasoning for waiver would only apply if the animals dolphin (Lagenodelphis hosei), this decision is described in further were traveling, including approaching pantropical spotted dolphin (Stenella detail in the Mitigation section, below). the vessel. However, we have removed attenuata); striped dolphin (S. However, we have determined that that requirement from the IHA, based on coeruleoalba); rough-toothed dolphin meaningful measures are warranted to an acknowledgement that it would have (Steno bredanensis); Antarctic fur seal minimize potential disruption of required subjective on-the-spot (Arctocephalus gazelle); Subantarctic foraging behavior in sperm whales. This decision-making on the part of PSOs, fur seal (A. tropicalis); leopard seal measure (i.e., shutdown upon acoustic which may have resulted in differential (Hydrurga leptonyx); Weddell seal detection of beaked whales, sperm implementation as informed by (Leptonychotes weddellii); crabeater seal whales, or Kogia spp., with an exception individual PSOs’ experience, (Lobodon carcinophagus); and Ross seal for sperm whales only, if the acoustic background, and/or training. (Ommatophoca rossi). Except for Risso’s

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dolphin and leopard seal, for which the other ‘‘vagrant’’ species listed above the total number of individuals there have been several sightings and are not expected to occur in the planned estimated within a particular study or strandings reported in New Zealand survey areas and are therefore not survey area. All values presented in (Clement 2010; Torres 2012; considered further in this document. Table 2 are the most recent available at Berkenbusch et al. 2013; NZDOC 2017), Marine mammal abundance estimates the time of publication. presented in this document represent

TABLE 2—MARINE MAMMALS THAT COULD OCCUR IN THE PLANNED SURVEY AREAS

ESA/MMPA Population Common name Scientific name Stock status; strategic abundance 2 (Y/N) 1

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

Family Balaenidae

Southern right whale ...... Eubalaena australis ...... N/A E/D;Y 3 12,000

Family Balaenopteridae (rorquals)

Humpback whale ...... Megaptera novaeangliae ...... N/A -/-; N 3 42,000 Bryde’s whale ...... Balaenoptera edeni ...... N/A -/-; N 4 48,109 Common minke whale ...... Balaenoptera acutorostrata ...... N/A -/-; N 56750,000 Antarctic minke whale ...... Balaenoptera bonaerensis ...... N/A -/-; N 56750,000 Sei whale ...... Balaenoptera borealis ...... N/A E/D;Y 5 10,000 Fin whale ...... Balaenoptera physalus ...... N/A E/D;Y 5 15,000 Blue whale ...... Balaenoptera musculus ...... N/A E/D;Y 353,800

Family Cetotheriidae

Pygmy right whale ...... Caperea marginata ...... N/A -/-; N N/A

Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

Family Physeteridae

Sperm whale ...... Physeter macrocephalus ...... N/A E/D;Y 5 30,000

Family Kogiidae

Pygmy sperm whale ...... Kogia breviceps ...... N/A -/-; N N/A

Family Ziphiidae (beaked whales)

Cuvier’s beaked whale ...... Ziphius cavirostris ...... N/A -/-; N 57600,000 Arnoux’s beaked whale ...... Berardius arnuxii ...... N/A -/-; N 57600,000 Shepherd’s beaked whale ...... Tasmacetus shepherdi ...... N/A -/-; N 57600,000 Hector’s beaked whale ...... Mesoplodon hectori ...... N/A -/-; N 57600,000 True’s beaked whale ...... Mesoplodon mirus ...... N/A -/-; N N/A Southern bottlenose whale ...... Hyperoodon planifrons ...... N/A -/-; N 57600,000 Gray’s beaked whale ...... Mesoplodon grayi ...... N/A -/-; N 57600,000 Andrew’s beaked whale ...... Mesoplodon bowdoini ...... N/A -/-; N 57600,000 Strap-toothed beaked whale ...... Mesoplodon layardii ...... N/A -/-; N 57600,000 Blainville’s beaked whale ...... Mesoplodon densirostris ...... N/A -/-; N 57600,000 Spade-toothed beaked whale ...... Mesoplodon traversii ...... N/A -/-; N 57600,000

Family Delphinidae

Bottlenose dolphin ...... Tursiops truncatus ...... N/A -/-; N N/A Short-beaked common dolphin ...... Delphinus delphis ...... N/A -/-; N N/A Dusky dolphin ...... Lagenorhynchus obscurus ...... N/A -/-; N 8 12,000–20,000 Hourglass dolphin ...... Lagenorhynchus cruciger ...... N/A -/-; N 5 150,000 Southern right whale dolphin ...... Lissodelphis peronii ...... N/A -/-; N N/A Risso’s dolphin ...... Grampus griseus ...... N/A -/-; N N/A South Island Hector’s dolphin ...... Cephalorhynchus hectori hectori ...... N/A T/D;Y 9 14,849 Maui dolphin ...... Cephalorhynchus hectori maui ...... N/A E/D;Y 10 63 False killer whale ...... Pseudorca crassidens ...... N/A -/-; N N/A Killer whale ...... Orcinus orca ...... N/A -/-; N 5 80,000 Long-finned pilot whale ...... Globicephala melas ...... N/A -/-; N 5 200,000 Short-finned pilot whale ...... Globicephala macrorhynchus ...... N/A -/-; N N/A

Family Phocoenidae (porpoises)

Spectacled porpoise ...... Phocoena dioptrica ...... N/A -/-; N N/A

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TABLE 2—MARINE MAMMALS THAT COULD OCCUR IN THE PLANNED SURVEY AREAS—Continued

ESA/MMPA Common name Scientific name Stock status; Population strategic abundance 2 (Y/N) 1

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions)

New Zealand fur seal ...... Arctocephalus forsteri ...... N/A -/-; N 8 200,000 New Zealand sea lion ...... Phocarctos hookeri ...... N/A -/-; N 11 9,880

Family Phocidae (earless seals)

Leopard seal ...... Hydrurga leptonyx ...... N/A -/-; N 8 222,000 Southern elephant seal ...... Mirounga leonina ...... N/A -/-; N 8 607,000 N/A = Not available or not assessed. 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 Abundance for the Southern Hemisphere or Antarctic unless otherwise noted. 3 IWC (2016). 4 IWC (1981). 5 Boyd (2002). 6 Dwarf and Antarctic minke whales combined. 7 All Antarctic beaked whales combined. 8 Estimate for New Zealand; NZDOC 2017. 9 Estimate for New Zealand; MacKenzie and Clement 2016. 10 Estimate for New Zealand; Baker et al. (2016). 11 Geschke and Chilvers (2009).

All species that could potentially areas further south along the west coast here. A detailed description of the occur in the planned survey areas are as well as possible sightings in other species likely to be affected by L–DEO’s included in table 2. However, of the areas such as Hawke’s Bay on the east survey, including brief introductions to species described in Table 2, the coast of North Island (Baker 1978, the species and relevant stocks as well temporal and/or spatial occurrence of Russell 1999, Ferreira and Roberts 2003, as available information regarding one subspecies, the Maui dolphin (also Slooten et al. 2005, DuFresne 2010, population trends and threats, and known as the North Island Hector’s Berkenbusch et al. 2013; Torres et al. information regarding local occurrence, dolphin), is such that take is not 2013; Patin˜ o-Pe´rez 2015; NZDOC 2017) were provided in the Federal Register expected to occur as a result of the though it is unclear whether those notice for the proposed IHA (82 FR surveys. The Maui dolphin is one of two individuals may have originated from 45116; September 27, 2017). Since that subspecies of Hector’s dolphin (the the South Island Hector’s dolphin time, we are not aware of any changes other being the South Island Hector’s populations. A 2016 NMFS Draft Status in the status of these species and stocks; dolphin), both of which are endemic to Review Report concluded the Maui therefore, detailed descriptions are not New Zealand. The Maui dolphin has dolphin is facing a high risk of provided here. Please refer to that been demonstrated to be genetically extinction as a result of small Federal Register notice for these distinct from the South Island population size, reduced genetic descriptions. Please also refer to NMFS’ subspecies of Hector’s dolphin based on diversity, low theoretical population Web site (www.nmfs.noaa.gov/pr/ studies of mitochondrial and nuclear growth rates, evidence of continued species/mammals/) for generalized DNA (Pichler et al. 1998). It is currently population decline, and the ongoing species accounts. considered one of the rarest dolphins in threats of fisheries bycatch, disease, Potential Effects of Specified Activities the world with a population size mining and seismic disturbances on Marine Mammals and Their Habitat estimated at just 55–63 individuals (Manning and Grantz 2016). Due to its (Hamner et al. 2014; Baker et al. 2016). extremely low population size and the The effects of underwater noise from Historically, Hector’s dolphins are fact that the subspecies is not expected marine geophysical survey activities thought to have ranged along almost the to occur in the planned survey areas off have the potential to result in behavioral entire coastlines of both the North and the North Island, take of Maui dolphins harassment and, in a limited number of South Islands of New Zealand, though is not expected to occur as a result of instances, auditory injury (PTS) of their present range is substantially L–DEO’s activities. Therefore the Maui marine mammals in the vicinity of the smaller (Pichler 2002). The range of the dolphin is not discussed further beyond action area. The Federal Register notice Maui dolphin in particular has the explanation provided here. of proposed IHA (82 FR 45116; undergone a marked reduction (Dawson We have reviewed L–DEO’s species September 27, 2017) included a et al. 2001; Slooten et al. 2005), with the descriptions, including life history discussion of the effects of subspecies now restricted to the information, distribution, regional anthropogenic noise on marine northwest coast of the North Island, distribution, diving behavior, and mammals and their habitat, therefore between Maunganui Bluff in the north acoustics and hearing, for accuracy and that information is not repeated here; and Whanganui in the south (Currey et completeness. We refer the reader to please refer to that Federal Register al. 2012). Occasional sightings and Section 4 of L–DEO’s IHA application, notice for that information. No instances strandings have also been reported from rather than reprinting the information of serious injury or mortality are

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expected as a result of L–DEO’s survey Acoustic thresholds above which NMFS underwater anthropogenic noise above activities. believes the best available science received levels of 120 dB re 1 indicates marine mammals will be micropascal (mPa) (rms) for continuous Estimated Take behaviorally harassed or incur some sources (e.g. vibratory pile-driving, This section provides an estimate of degree of permanent hearing drilling) and above 160 dB re 1 mPa the number of incidental takes impairment; (2) the area or volume of (rms) for non-explosive impulsive (e.g., authorized through the IHA, which will water that will be ensonified above seismic airguns) or intermittent (e.g., inform both NMFS’ consideration of these levels in a day; (3) the density or scientific sonar) sources. L–DEO’s whether the number of takes is ‘‘small’’ occurrence of marine mammals within activity includes the use of impulsive and the negligible impact these ensonified areas; and (4) and the seismic sources. Therefore, the 160 dB determination. number of days of activities. Below, we re 1 mPa (rms) criteria is applicable for Harassment is the only type of take describe these components in more analysis of Level B harassment. expected to result from these activities. detail and present the exposure estimate Except with respect to certain activities Level A harassment for non-explosive and associated numbers of take sources—NMFS’ Technical Guidance not pertinent here, section 3(18) of the authorized. MMPA defines ‘‘harassment’’ as any act for Assessing the Effects of of pursuit, torment, or annoyance which Acoustic Thresholds Anthropogenic Sound on Marine Mammal Hearing (NMFS, 2016) (i) has the potential to injure a marine Using the best available science, identifies dual criteria to assess auditory mammal or marine mammal stock in the NMFS has developed acoustic injury (Level A harassment) to five wild (Level A harassment); or (ii) has thresholds that identify the received different marine mammal groups (based the potential to disturb a marine level of underwater sound above which on hearing sensitivity) as a result of mammal or marine mammal stock in the exposed marine mammals would be exposure to noise from two different wild by causing disruption of behavioral reasonably expected to be behaviorally types of sources (impulsive or non- patterns, including, but not limited to, harassed (equated to Level B migration, breathing, nursing, breeding, harassment) or to incur PTS of some impulsive). The Technical Guidance feeding, or sheltering (Level B degree (equated to Level A harassment). identifies the received levels, or harassment). thresholds, above which individual Level B Harassment for non-explosive Authorized takes are primarily by marine mammals are predicted to sources—Though significantly driven by Level B harassment, as use of the experience changes in their hearing received level, the onset of behavioral seismic airguns have the potential to sensitivity for all underwater disturbance from anthropogenic noise result in disruption of behavioral anthropogenic sound sources, reflects exposure is also informed to varying patterns for individual marine the best available science, and better mammals. There is also some potential degrees by other factors related to the source (e.g., frequency, predictability, predicts the potential for auditory injury for auditory injury (Level A harassment) than does NMFS’ historical criteria. to result, primarily for mysticetes and duty cycle), the environment (e.g., high frequency cetaceans (i.e., Kogia bathymetry), and the receiving animals These thresholds were developed by spp.), due to larger predicted auditory (hearing, motivation, experience, compiling and synthesizing the best injury zones for those functional hearing demography, behavioral context) and available science and soliciting input groups. Auditory injury is unlikely to can be difficult to predict (Southall et multiple times from both the public and occur for mid-frequency species given al., 2007, Ellison et al. 2011). Based on peer reviewers to inform the final very small modeled zones of injury for the best available science and the product, and are provided in Table 3 those species. The mitigation and practical need to use a threshold based below. The references, analysis, and monitoring measures are expected to on a factor that is both predictable and methodology used in the development minimize the severity of such taking to measurable for most activities, NMFS of the thresholds are described in NMFS the extent practicable. uses a generalized acoustic threshold 2016 Technical Guidance, which may As described previously, no serious based on received level to estimate the be accessed at: http:// injury or mortality is anticipated or onset of behavioral harassment. NMFS www.nmfs.noaa.gov/pr/acoustics/ authorized for this activity. Below we predicts that marine mammals are likely guidelines.htm. As described above, describe how the take is estimated. to be behaviorally harassed in a manner L–DEO’s activity includes the use of Described in the most basic way, we we consider to fall under Level B intermittent and impulsive seismic estimate take by considering: (1) harassment when exposed to sources.

TABLE 3—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT IN MARINE MAMMALS

PTS onset thresholds Hearing group Impulsive * Non-impulsive

Low-Frequency (LF) Cetaceans ...... Lpk,flat: 219 dB; LE,LF,24h: 183 dB ...... LE,LF,24h: 199 dB. Mid-Frequency (MF) Cetaceans ...... Lpk,flat: 230 dB; LE,MF,24h: 185 dB ...... LE,MF,24h: 198 dB. High-Frequency (HF) Cetaceans ...... Lpk,flat: 202 dB; LE,HF,24h: 155 dB ...... LE,HF,24h: 173 dB. Phocid Pinnipeds (PW) (Underwater) ...... Lpk,flat: 218 dB; LE,PW,24h: 185 dB ...... LE,PW,24h: 201 dB. Otariid Pinnipeds (OW) (Underwater) ...... Lpk,flat: 232 dB; LE,OW,24h: 203 dB ...... LE,OW,24h: 219 dB. Note: * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non- impulsive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered.

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Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa2s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.

Ensonified Area For deep water (>1,000 m), L–DEO TABLE 4—PREDICTED RADIAL DIS- Here, we describe operational and used the deep-water radii obtained from TANCES FROM R/V LANGSETH SEIS- environmental parameters of the activity model results down to a maximum MIC SOURCE TO ISOPLETHS COR- that will feed into estimating the area water depth of 2000 m. The radii for RESPONDING TO LEVEL B HARASS- intermediate water depths (100–1,000 ensonified above the relevant acoustic MENT THRESHOLD—Continued thresholds. m) were derived from the deep-water The survey entails use of a 36-airgun ones by applying a correction factor Predicted 3 (multiplication) of 1.5, such that distance to array with a total discharge of 6,600 in Water depth threshold at a tow depth of 9 m and an 18-airgun observed levels at very near offsets fall Source and volume (m) (160 dB re array with a total discharge of 3,300 in3 below the corrected mitigation curve 1 μPa) 1 (m) at a tow depth of 7–9 m. Received sound (See Fig. 16 in Appendix H of NSF– levels were predicted by L–DEO’s model USGS, 2011). The shallow-water radii <100 10,607 (Diebold et al., 2010) as a function of were obtained by scaling the empirically 36 airguns, 6,600 in3 ... >1,000 5,629 derived measurements from the Gulf of 100–1,000 8,444 distance from the 36-airgun array and <100 22,102 18-airgun array and for a single 40-in3 Mexico calibration survey to account for the differences in tow depth between 1 Distances for depths >1,000 m are based on L– airgun which would be used during DEO model results. Distance for depths 100–1,000 power downs; all models used a 9 m the calibration survey (6 m) and the m are based on L–DEO model results with a 1.5 × tow depth. This modeling approach planned surveys (9 m). A simple scaling correction factor between deep and intermediate water depths. Distances for depths <100 m are uses ray tracing for the direct wave factor is calculated from the ratios of the based on empirically derived measurements in the traveling from the array to the receiver isopleths determined by the deep-water Gulf of Mexico with scaling applied to account for dif- and its associated source ghost L–DEO model, which are essentially a ferences in tow depth. (reflection at the air-water interface in measure of the energy radiated by the Predicted distances to Level A the vicinity of the array), in a constant- source array. harassment isopleths, which vary based velocity half-space (infinite Measurements have not been reported on marine mammal hearing groups, homogeneous ocean layer, unbounded for the single 40-in3 airgun. L–DEO were calculated based on modeling by a seafloor). In addition, propagation model results are used to determine the performed by L–DEO using the measurements of pulses from the 36- 160-dB (rms) radius for the 40-in3 NUCLEUS software program and the airgun array at a tow depth of 6 m have airgun at a 9 m tow depth in deep water NMFS User Spreadsheet, described been reported in deep water (See LGL 2017, Figure 6). For below. The updated acoustic thresholds (approximately 1600 m), intermediate intermediate-water depths, a correction for impulsive sounds (e.g., airguns) water depth on the slope (approximately factor of 1.5 was applied to the deep- contained in the Technical Guidance 600–1,100 m), and shallow water water model results. For shallow water, were presented as dual metric acoustic (approximately 50 m) in the Gulf of a scaling of the field measurements thresholds using both SELcum and peak Mexico in 2007–2008 (Tolstoy et al. obtained for the 36-airgun array was sound pressure metrics (NMFS 2016). 2009; Diebold et al. 2010). used. As dual metrics, NMFS considers onset For deep and intermediate-water L–DEO’s modeling methodology is of PTS (Level A harassment) to have cases, L–DEO determined that the field described in greater detail in the IHA occurred when either one of the two measurements cannot be used readily to application (LGL 2017) and we refer the metrics is exceeded (i.e., metric derive zone of ensonification, as at those reader to that document rather than resulting in the largest isopleth). The sites the calibration hydrophone was repeating it here. The estimated SELcum metric considers both level and located at a roughly constant depth of distances to the Level B harassment duration of exposure, as well as 350–500 m, which may not intersect all isopleth for the Langseth’s 36-airgun auditory weighting functions by marine the SPL isopleths at their widest point array, 18-airgun array, and the single 40- mammal hearing group. In recognition from the sea surface down to water in3 airgun are shown in Table 4. of the fact that the requirement to depths of approximately 2,000 m (See calculate Level A harassment ensonified Appendix H in NSF–USGS 2011). At TABLE 4—PREDICTED RADIAL DIS- areas could be more technically short ranges, where the direct arrivals TANCES FROM R/V LANGSETH SEIS- challenging to predict due to the dominate and the effects of seafloor MIC SOURCE TO ISOPLETHS COR- duration component and the use of interactions are minimal, the data RESPONDING TO LEVEL B HARASS- weighting functions in the new SELcum recorded at the deep and slope sites are MENT THRESHOLD thresholds, NMFS developed an suitable for comparison with modeled optional User Spreadsheet that includes levels at the depth of the calibration Predicted tools to help predict a simple isopleth distance to hydrophone. At longer ranges, the threshold that can be used in conjunction with Source and volume Water depth comparison with the mitigation model— (m) (160 dB re marine mammal density or occurrence 1 μPa) 1 constructed from the maximum SPL (m) to facilitate the estimation of take through the entire water column at numbers. 3 varying distances from the airgun 1 airgun, 40 in ...... >1,000 388 The values for SELcum and peak SPL 100–1,000 582 for the Langseth airgun array were array—is the most relevant. Please see <100 938 the IHA application for further 18 airguns, 3,300 in3 ... >1,000 3,562 derived from calculating the modified discussion of summarized results. 100–1,000 5,343 farfield signature (Table 5). The farfield

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signature is often used as a theoretical not stack constructively, as they do for signature is a more appropriate measure representation of the source level. To the theoretical farfield signature. The of the sound source level for distributed compute the farfield signature, the pulses from the different airguns spread sound sources, such as airgun arrays. source level is estimated at a large out in time such that the source levels L–DEO used the acoustic modeling distance below the array (e.g., 9 km), observed or modeled are the result of methodology as used for Level B takes and this level is back projected the summation of pulses from a few with a small grid step of 1 m in both the mathematically to a notional distance of airguns, not the full array (Tolstoy et al. inline and depth directions. The 1 m from the array’s geometrical center. 2009). At larger distances, away from propagation modeling takes into However, when the source is an array of the source array center, sound pressure account all airgun interactions at short multiple airguns separated in space, the of all the airguns in the array stack distances from the source, including source level from the theoretical farfield coherently, but not within one time interactions between subarrays which signature is not necessarily the best sample, resulting in smaller source are modeled using the NUCLEUS measurement of the source level that is levels (a few dB) than the source level physically achieved at the source derived from the farfield signature. software to estimate the notional (Tolstoy et al. 2009). Near the source (at Because the farfield signature does not signature and MATLAB software to short ranges, distances <1 km), the take into account the large array effect calculate the pressure signal at each pulses of sound pressure from each near the source and is calculated as a mesh point of a grid. individual airgun in the source array do point source, the modified farfield

TABLE 5—MODELED SOURCE LEVELS BASED ON MODIFIED FARFIELD SIGNATURE FOR THE R/V LANGSETH 6,600 IN 3 AIRGUN ARRAY, 3,300 IN3 AIRGUN ARRAY, AND SINGLE 40 IN3 AIRGUN

High fre- Phocid Otariid Low frequency Mid frequency quency pinnipeds pinnipeds cetaceans cetaceans cetaceans (underwater) (underwater) (Lpk,flat: 219 (Lpk,flat: 230 (Lpk,flat: 202 (Lpk,flat: 218 (Lpk,flat: 232 dB; LE,LF,24h: dB; LE,MF,24h: dB; LE,HF,24h: dB; LE,HF,24h: dB; LE,HF,24h: 183 dB) 185 dB) 155 dB) 185 dB) 203 dB)

3 6,600 in airgun array (Peak SPLflat) ...... 250.77 252.76 249.44 250.50 252.72 3 6,600 in airgun array (SELcum) ...... 232.75 232.67 232.83 232.67 231.07 3 3,300 in airgun array (Peak SPLflat) ...... 246.34 250.98 243.64 246.03 251.92 3 3,300 in airgun array (SELcum) ...... 226.22 226.13 226.75 226.13 226.89 3 40 in airgun (Peak SPLflat) ...... 224.02 225.16 224.00 224.09 226.64 3 40 in airgun (SELcum) ...... 202.33 202.35 203.12 202.35 202.61

In order to more realistically Spreadsheet (i.e., to override the 36-airgun array, 18-airgun array, and the incorporate the Technical Guidance’s Spreadsheet’s more simple weighting single 40 in 3 airgun for the South Island weighting functions over the seismic factor adjustment). Using the User 2-D survey, North Island 2-D survey, array’s full acoustic band, unweighted Spreadsheet’s ‘‘safe distance’’ and North Island 3-D survey are shown spectrum data for the Langseth’s airgun methodology for mobile sources in Tables 3, 4, 7, 10, 11, and 12, of the array (modeled in 1 hertz (Hz) bands) (described by Sivle et al., 2014) with the IHA application (LGL 2017). Outputs was used to make adjustments (dB) to hearing group-specific weighted source from the User Spreadsheets in the form the unweighted spectrum levels, by levels, and inputs assuming spherical of estimated distances to Level A frequency, according to the weighting spreading propagation and source harassment isopleths for the South functions for each relevant marine velocities and shot intervals specific to Island 2-D survey, North Island 2-D each of the three planned surveys (Table mammal hearing group. These adjusted/ survey, and North Island 3-D survey are 1), potential radial distances to auditory weighted spectrum levels were then injury zones were then calculated for shown in Tables 6, 7 and 8, converted to pressures (mPa) in order to respectively. As described above, NMFS SELcum thresholds. integrate them over the entire Inputs to the User Spreadsheets in the considers onset of PTS (Level A broadband spectrum, resulting in form of estimated SLs are shown in harassment) to have occurred when broadband weighted source levels by Table 5. User Spreadsheets used by either one of the dual metrics (SELcum hearing group that could be directly L–DEO to estimate distances to Level A and Peak SPLflat) is exceeded (i.e., incorporated within the User harassment isopleths (SELcum) for the metric resulting in the largest isopleth).

TABLE 6—MODELED RADIAL DISTANCES (m) TO ISOPLETHS CORRESPONDING TO LEVEL A HARASSMENT THRESHOLDS DURING NORTH ISLAND 2-D SURVEY

Low frequency Mid frequency High fre- Phocid Otariid cetaceans cetaceans quency pinnipeds pinnipeds cetaceans (underwater) (underwater) (Lpk,flat: 219 (Lpk,flat: 230 (Lpk,flat: 202 (Lpk,flat: 218 (Lpk,flat: 232 dB; LE,LF,24h: dB; LE,MF,24h: 183 dB) 185 dB) dB; LE,HF,24h: dB; LE,HF,24h: dB; LE,HF,24h: 155 dB) 185 dB) 203 dB)

3 6,600 in airgun array (Peak SPLflat) ...... 38.8 13.8 229.2 42.2 10.9 3 6,600 in airgun array (SELcum) ...... 501.3 0 1.2 13.2 0 3 40 in airgun (Peak SPLflat) ...... 1.8 0.6 12.6 2.0 0.5 3 40 in airgun (SELcum) ...... 0.4 0 0 0 0

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TABLE 7—MODELED RADIAL DISTANCES (m) TO ISOPLETHS CORRESPONDING TO LEVEL A HARASSMENT THRESHOLDS DURING NORTH ISLAND 3-D SURVEY

High fre- Phocid Otariid Low frequency Mid frequency quency Pinnipeds (Un- Pinnipeds (Un- cetaceans cetaceans cetaceans derwater) derwater) (Lpk,flat: 219 (Lpk,flat: 230 (Lpk,flat: 202 (Lpk,flat: 218 (Lpk,flat: 232 dB; LE,LF,24h: dB; LE,MF,24h: dB; LE,HF,24h: dB; LE,HF,24h: dB; LE,HF,24h: 183 dB) 185 dB) 155 dB) 185 dB) 203 dB)

3 3,300 in airgun array (Peak SPLflat) ...... 23.3 11.2 119.0 25.2 9.9 3 3,300 in airgun array (SELcum) ...... 73.1 0 0.3 2.8 0 3 40 in airgun (Peak SPLflat) ...... 1.8 0.6 12.6 2.0 0.5 3 40 in airgun (SELcum) ...... 0.4 0 0 0 0

TABLE 8—MODELED RADIAL DISTANCES (m) TO ISOPLETHS CORRESPONDING TO LEVEL A HARASSMENT THRESHOLDS DURING SOUTH ISLAND 2-D SURVEY

High fre- Phocid Otariid Low frequency Mid frequency quency Pinnipeds (Un- Pinnipeds (Un- cetaceans cetaceans cetaceans derwater) derwater) (Lpk,flat: 219 (Lpk,flat: 230 (Lpk,flat: 202 (Lpk,flat: 218 (Lpk,flat: 232 dB; LE,LF,24h: dB; LE,MF,24h: dB; LE,HF,24h: dB; LE,HF,24h: dB; LE, HF,24h: 183 dB) 185 dB) 155 dB) 185 dB) 203 dB)

3 6,600 in airgun array (Peak SPLflat) ...... 38.8 13.8 229.2 42.2 10.9 3 6,600 in airgun array (SELcum) ...... 376.0 0 0.9 9.9 0 3 40 in airgun (Peak SPLflat) ...... 1.8 0.6 12.6 2.0 0.5 3 40 in airgun (SELcum) ...... 0.3 0 0 0 0

Note that because of some of the South Island were estimated using ship-based surveys between 1991–2014 assumptions included in the methods averaged estimated summer densities (Barlow 2016). Data for the humpback used, isopleths produced may be from the most southern stratum of an whale was also presented in overestimates to some degree, which East Coast South Island survey (Otago) Butterworth et al. (1994), but, based on will ultimately result in some degree of and a West Coast South Island survey the best available information, it was overestimate of Level A take. However, (Milford Sound), both in three offshore determined that the density values these tools offer the best way to predict strata categories (0–4 nautical miles presented for humpback whales in appropriate isopleths when more (nm), 4–12 nm, and 12–20 nm; Butterworth et al. (1994) were likely sophisticated 3-D modeling methods are MacKenzie and Clement 2014, 2016). lower than would be expected in the not available, and NMFS continues to The estimated density for Hector’s planned survey areas, thus the density develop ways to quantitatively refine dolphins for the South Island 2-D for humpback whales was ultimately these tools and will qualitatively survey was based on the proportion of calculated in the same way as for the address the output where appropriate. that survey occurring in each offshore baleen whales for which density data For mobile sources, such as the planned stratum. was unavailable. Kasamatsu and Joyce seismic surveys, the User Spreadsheet For cetacean species other than (1995) provided data for beaked whales, predicts the closest distance at which a Hector’s dolphin, densities were derived killer whales, long-finned pilot whales, stationary animal would not incur PTS from data available for the Southern and hourglass dolphins, based on if the sound source traveled by the Ocean (Butterworth et al. 1994; surveys conducted as part of the animal in a straight line at a constant Kasamatsu and Joyce 1995) (See Table International Whaling Commission/ speed. 17 in the IHA application). Butterworth International Decade of Cetacean Marine Mammal Occurrence et al. (1994) provided comparable data Research—Southern Hemisphere Minke for sei, fin, blue, and sperm whales Whale Assessment, started in 1978/79, In this section we provide the extrapolated to latitudes 30–40° S., 40– and the Japanese sightings survey information about the presence, density, 50° S., and 50–60° S. based on Japanese program started in 1976/77. Densities or group dynamics of marine mammals scouting vessel data from 1965/66– for these species were calculated based that will inform the take calculations. 1977/78 and 1978/79–1987/88. on abundances and surface areas The best available scientific information Densities were calculated for these provided in Kasamatsu and Joyce (1995) was considered in conducting marine species based on abundances and for Antarctic Areas V EMN and VI WM, mammal exposure estimates (the basis surface areas provided in Butterworth et which represent the two areas reported for estimating take). al. (1994) using the mean density for the in Kasamatsu and Joyce (1995) that are No systematic aircraft- or ship-based more recent surveys (1978/79–1987/88) nearest to the planned South Island surveys have been conducted for marine and the 30–40° S. and 40–50° S. strata, survey area. Densities were corrected for mammals in offshore waters of the because the planned survey areas are availability bias using mean g(0) values South Pacific Ocean off New Zealand between ∼37° S. and 50° S. Densities provided by Kasamatsu and Joyce (1995) that can be used to estimate species were corrected for mean trackline for beaked whales, killer whales, and densities that we are aware of, with the detection probability, g(0) availability long-fined pilot whales, and provided exception of Hector’s dolphin surveys bias, using mean g(0) values provided by Barlow (2016) for the Hourglass that have occurred off the South Island. for these species during NMFS dolphin using the mean g(0) calculated Densities for Hector’s dolphins off the Southwest Fisheries Science Center for unidentified dolphins during NMFS

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Southwest Fisheries Science Center mysticetes. The sperm whale density Take Calculation and Estimation ship-based surveys between 1991–2014. calculated from Butterworth et al. For the remaining cetacean species, (1994) was used to estimate the density Here we describe how the information the relative abundances of individual of the other Physeteridae species, the provided above is brought together to species expected to occur in the survey pygmy sperm whale. The hourglass produce a quantitative take estimate. In areas were estimated within species dolphin, killer whale, and long-finned order to estimate the number of marine groups. The relative abundances of pilot whale densities calculated from mammals predicted to be exposed to these species were estimated based on Kasamatsu and Joyce (1995) were sound levels that would result in Level several factors, including information proportionally averaged and used to A harassment or Level B harassment, on marine mammal observations from estimate the densities of the other radial distances from the airgun array to areas near the planned survey areas Delphinidae for which density data was predicted isopleths corresponding to the (e.g., monitoring reports from previous not available. For beaked whales, the Level A harassment and Level B IHAs (NMFS, 2015); datasets of beaked whale density calculated from harassment thresholds are calculated, as opportunistic sightings (Torres et al., Kasamatsu and Joyce (1995) was described above. Those radial distances 2014); and analyses of observer data proportionally allocated according to are then used to calculate the area(s) from other marine geophysical surveys each beaked whale species’ estimated around the airgun array predicted to be conducted in New Zealand waters (Blue relative abundance value. ensonified to sound levels that exceed Planet, 2016)), information on the Level A harassment and Level B latitudinal ranges and group sizes of We are not aware of any information harassment thresholds. The area marine mammals in New Zealand regarding at-sea densities of pinnipeds estimated to be ensonified in a single waters (e.g., Jefferson et al., 2015; off New Zealand. As such, a surrogate day of the survey is then calculated NABIS, 2017; Perrin et al., 2009), and species (northern fur seal) was used to (Table 9), based on the areas predicted other information on marine mammals estimate offshore pinniped densities for to be ensonified around the array and in and near the planned survey areas the planned surveys. The at-sea density the estimated trackline distance traveled (e.g., data on marine mammal bycatch in of northern fur seals reported in Bonnell per day. This number is then multiplied New Zealand fisheries (Berkenbush et et al. (1992), based on systematic aerial by the number of survey days (i.e., 35 al., 2013), data on marine mammal surveys conducted in 1989–1990 in days for the North Island 2-D survey, 33 strandings (New Zealand Marine offshore areas off the west coast of the days for the North Island 3-D survey, Mammal Strandings and Sightings U.S., was used to estimate the numbers and 22 days for the South Island 2-D Database); and input from subject matter of pinnipeds that might be present off survey). The product is then multiplied experts (pers. comm., E. Slooten, Univ. New Zealand. The northern fur seal by 1.25 to account for an additional 25 of Otago, to H. Goldstein, NMFS, April density reported in Bonnell et al. (1992) percent contingency for potential 11, 2015)). was used as the New Zealand fur seal additional seismic operations For each species group (i.e., density. Densities for the other three (associated with turns, airgun testing, mysticetes), densities of species for pinniped species expected to occur in and repeat coverage of any areas where which data were available were the planned survey areas were initial data quality is sub-standard, as averaged to get a mean density for the proportionally allocated relative to the proposed by L–DEO). This results in an group (e.g., densities of fin, sei, and blue value of the density of the northern fur estimate of the total areas (km2) whale were averaged to get a mean seal, in accordance to the estimated expected to be ensonified to the Level density for mysticetes). Relative relative abundance value of each of the A harassment and Level B harassment abundances of those species were then other pinniped species. thresholds. For purposes of Level B take averaged to get mean relative NMFS acknowledges there is some calculations, areas estimated to be abundances (e.g., relative abundance of uncertainty related to the estimated ensonified to Level A harassment fin, sei, and blue whale were averaged density data and the assumptions used thresholds are subtracted from total to get a mean relative abundance for in their calculations. Given the lack of areas estimated to be ensonified to Level mysticetes). For the species for which available data on marine mammal B harassment thresholds in order to density data was unavailable, their density in the planned survey areas, the avoid double counting the animals relative abundance score was multiplied approach used is based on the best taken (i.e., if an animal is taken by Level by the mean density of their respective available data. In recognition of the A harassment, it is not also counted as species group (i.e., relative abundance uncertainties in the density data, we taken by Level B harassment). The of minke whale was multiplied by mean have included an additional 25 percent marine mammals predicted to occur density for mysticetes). The product was contingency in take estimates to account within these respective areas, based on then divided by the mean relative for the fact that density estimates used estimated densities, are assumed to be abundance of the species group to come to estimate take may be underestimates incidentally taken. The take estimates up with a density estimate. The fin, sei, of actual densities of marine mammals were then multiplied by an additional and blue whale densities calculated in the survey area. However, there is no 25 percent contingency in from Butterworth et al. (1994) were information to suggest that the density acknowledgement of uncertainties in proportionally averaged and used to estimates used are in fact available density estimates, as described estimate the densities of the remaining underestimates. above.

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TABLE 9—AREAS (km 2) ESTIMATED TO BE ENSONIFIED TO LEVEL A AND LEVEL B HARASSMENT THRESHOLDS PER DAY FOR THREE PLANNED SEISMIC SURVEYS OFF NEW ZEALAND

Level B Level A harassment threshold 1 harassment threshold Survey Low frequency Mid frequency High Otariid Phocid All marine cetaceans cetaceans frequency pinnipeds pinnipeds mammals cetaceans

North Island 2-D Survey ...... 1,931.3 144.5 3.9 65.8 3.1 12.0 North Island 3-D Survey ...... 1,067.3 29.1 4.5 47.5 3.9 10.0 South Island 2-D Survey ...... 1,913.4 111.1 4.1 86.3 3.2 12.4

1 Level A ensonified areas are estimated based on the greater of the distances calculated to Level A isopleths using dual criteria (SELcum and peakSPL). Note: Estimated areas shown for single day do not include additional 50 percent contingency.

Factors including water depth, array chosen to reflect the proportion of water survey approximately nine percent of configuration, and proportion of each depths (i.e., less than 100 m, 100–1,000 survey effort would occur in the New survey occurring within territorial seas m, and greater than 1,000 m) expected Zealand territorial sea (Table 1). Thus, (versus within the EEZ) were also to occur for that entire survey (Table 4) representative track lines that were accounted for in estimates of ensonified as distances to isopleths corresponding chosen also had approximately 9 areas. This was accomplished by to harassment vary depending on water percent of survey effort in territorial selecting a track line for a single day (for depth (Table 4), and water depths vary seas; the resultant ensonified areas each of the three planned surveys) that considerably within the planned survey within territorial seas were excluded were representative of the entire areas (Table 1). Representative track from take calculations. planned survey(s) and using that lines were also selected to reflect the Estimated takes for all marine representative track line to calculate amount of effort in the New Zealand mammal species are shown in Tables daily ensonified areas. Daily track line territorial sea (versus within the New 10, 11, 12 and 13. As described above, distance was selected depending on Zealand EEZ), for each of the three we authorize the incidental takes that array configuration (i.e., 160 km per day surveys, as L–DEO is not subject to the are expected to occur as a result of the for the planned 2-D surveys, 200 km per requirements of the MMPA within the planned surveys within the New day for the planned 3-D survey). New Zealand territorial sea. For Zealand EEZ but outside of the New Representative daily track lines were example, for the North Island 2-D Zealand territorial sea.

TABLE 10—NUMBERS OF POTENTIAL INCIDENTAL TAKE OF MARINE MAMMALS AUTHORIZED DURING L–DEO’S NORTH ISLAND 2-D SEISMIC SURVEY OFF NEW ZEALAND

Total Level A Species Density Level A takes Level B takes and Level B (#/1,000 km2) authorized 1 authorized 1 takes authorized 1

Southern right whale ...... 0.24 2 23 25 Pygmy right whale ...... 0.10 1 9 10 Humpback whale ...... 0.24 2 23 25 Bryde’s whale ...... 0.14 1 14 15 Common minke whale ...... 0.14 1 14 15 Antarctic minke whale ...... 0.14 1 14 15 Sei whale ...... 0.14 1 14 15 Fin whale ...... 0.25 2 24 26 Blue whale ...... 0.04 0 4 4 Sperm whale ...... 2.89 1 305 306 Cuvier’s beaked whale ...... 2.62 1 276 277 Arnoux’s beaked whale ...... 2.62 1 276 277 Southern bottlenose whale ...... 1.74 0 184 184 Shepard’s beaked whale ...... 1.74 0 184 184 Hector’s beaked whale ...... 1.74 0 184 184 True’s beaked whale ...... 0.87 0 92 92 Gray’s beaked whale ...... 3.49 1 368 369 Andrew’s beaked whale ...... 1.74 0 184 184 Strap-toothed whale ...... 2.62 1 276 277 Blainville’s beaked whale ...... 0.87 0 92 92 Spade-toothed whale ...... 0.87 0 92 92 Bottlenose dolphin ...... 5.12 1 540 541 Short-beaked common dolphin ...... 10.25 2 1080 1082 Dusky dolphin ...... 5.12 1 540 541 Southern right-whale dolphin ...... 3.07 1 324 325 Risso’s dolphin ...... 2.05 0 216 216 False killer whale ...... 3.07 1 324 325 Killer whale ...... 1.91 0 202 202 Long-finned pilot whale ...... 8.28 2 872 874 Short-finned pilot whale ...... 4.10 1 432 433

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TABLE 10—NUMBERS OF POTENTIAL INCIDENTAL TAKE OF MARINE MAMMALS AUTHORIZED DURING L–DEO’S NORTH ISLAND 2-D SEISMIC SURVEY OFF NEW ZEALAND—Continued

Total Level A Level A takes Level B takes and Level B Species Density (#/1,000 km2) authorized 1 authorized 1 takes authorized 1

Pygmy sperm whale ...... 1.74 6 177 183 Hourglass dolphin ...... 4.16 15 424 439 Hector’s dolphin ...... 0 0 0 0 Spectacled porpoise ...... 0 0 0 0 New Zealand fur seal ...... 22.50 4 2373 2377 New Zealand sea lion ...... 0 0 0 0 Southern elephant seal ...... 4.50 3 472 475 Leopard seal ...... 2.25 1 236 237 1 Includes additional 25 percent contingency for potential additional survey operations and additional 25 percent contingency to account for un- certainties in density estimates.

TABLE 11—NUMBERS OF POTENTIAL INCIDENTAL TAKE OF MARINE MAMMALS AUTHORIZED DURING L–DEO’S NORTH ISLAND 3-D SEISMIC SURVEY OFF NEW ZEALAND

Total Level A Species Density Level A takes Level B takes and Level B (#/1,000 km2) authorized 1 authorized 1 takes authorized 1

Southern right whale ...... 0.24 0 13 13 Pygmy right whale ...... 0.10 0 5 5 Humpback whale ...... 0.24 0 13 13 Bryde’s whale ...... 0.14 0 8 8 Common minke whale ...... 0.14 0 8 8 Antarctic minke whale ...... 0.14 0 8 8 Sei whale ...... 0.14 0 8 8 Fin whale ...... 0.25 0 13 13 Blue whale ...... 0.04 0 2 2 Sperm whale ...... 2.89 1 159 160 Cuvier’s beaked whale ...... 2.62 1 143 144 Arnoux’s beaked whale ...... 2.62 1 143 144 Southern bottlenose whale ...... 1.74 0 96 96 Shepard’s beaked whale ...... 1.74 0 96 96 Hector’s beaked whale ...... 1.74 0 96 96 True’s beaked whale ...... 0.87 0 48 48 Gray’s beaked whale ...... 3.49 1 191 192 Andrew’s beaked whale ...... 1.74 0 96 96 Strap-toothed whale ...... 2.62 1 143 144 Blainville’s beaked whale ...... 0.87 0 48 48 Spade-toothed whale ...... 0.87 0 48 48 Bottlenose dolphin ...... 5.12 1 281 282 Short-beaked common dolphin ...... 10.25 2 562 564 Dusky dolphin ...... 5.12 1 281 282 Southern right-whale dolphin ...... 3.07 1 168 169 Risso’s dolphin ...... 2.05 0 112 112 False killer whale ...... 3.07 1 168 169 Killer whale ...... 1.91 0 105 105 Long-finned pilot whale ...... 8.28 2 454 456 Short-finned pilot whale ...... 4.10 1 225 226 Pygmy sperm whale ...... 1.74 4 91 95 Hourglass dolphin ...... 4.16 10 219 229 Hector’s dolphin ...... 0 0 0 0 Spectacled porpoise ...... 0 0 0 0 New Zealand fur seal ...... 22.50 5 1234 1239 New Zealand sea lion ...... 0 0 0 0 Southern elephant seal ...... 4.50 2 245 247 Leopard seal ...... 2.25 1 123 124 1 Includes additional 25 percent contingency for potential additional survey operations and additional 25 percent contingency to account for un- certainties in density estimates.

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TABLE 12—NUMBERS OF POTENTIAL INCIDENTAL TAKE OF MARINE MAMMALS AUTHORIZED DURING L–DEO’S SOUTH ISLAND 2-D SEISMIC SURVEY OFF NEW ZEALAND

Total Level A Level B takes and Level B Species Density Level A takes (#/1,000 km2) authorized 1 authorized 1 takes authorized 1

Southern right whale ...... 0.24 1 15 16 Pygmy right whale ...... 0.10 0 6 6 Humpback whale ...... 0.24 1 12 13 Bryde’s whale ...... 0.14 0 0 0 Common minke whale ...... 0.14 1 9 10 Antarctic minke whale ...... 0.14 1 9 10 Sei whale ...... 0.14 1 9 10 Fin whale ...... 0.25 1 15 16 Blue whale ...... 0.04 0 2 2 Sperm whale ...... 2.89 0 190 190 Cuvier’s beaked whale ...... 2.62 0 172 172 Arnoux’s beaked whale ...... 2.62 0 172 172 Southern bottlenose whale ...... 1.74 0 114 114 Shepard’s beaked whale ...... 1.74 0 114 114 Hector’s beaked whale ...... 1.74 0 114 114 True’s beaked whale ...... 0.87 0 57 57 Gray’s beaked whale ...... 3.49 0 229 229 Andrew’s beaked whale ...... 1.74 0 114 114 Strap-toothed whale ...... 2.62 0 172 172 Blainville’s beaked whale ...... 0.87 0 57 57 Spade-toothed whale ...... 0.87 0 57 57 Bottlenose dolphin ...... 5.12 1 314 315 Short-beaked common dolphin ...... 10.25 1 314 315 Dusky dolphin ...... 5.12 1 502 503 Southern right-whale dolphin ...... 3.07 0 188 188 Risso’s dolphin ...... 2.05 0 126 126 False killer whale ...... 3.07 1 188 189 Killer whale ...... 1.91 0 126 126 Long-finned pilot whale ...... 8.28 1 543 544 Short-finned pilot whale ...... 4.10 0 126 126 Pygmy sperm whale ...... 1.74 5 109 114 Hourglass dolphin ...... 4.16 12 261 273 Hector’s dolphin ...... 0 0 2 2 Spectacled porpoise ...... 0 6 120 126 New Zealand fur seal ...... 22.50 2 1477 1479 New Zealand sea lion ...... 0 1 591 592 Southern elephant seal ...... 4.50 2 294 296 Leopard seal ...... 2.25 1 147 148 1 Includes additional 25 percent contingency for potential additional survey operations and additional 25 percent contingency to account for un- certainties in density estimates.

TABLE 13—TOTAL NUMBERS OF POTENTIAL INCIDENTAL TAKE OF MARINE MAMMALS AUTHORIZED DURING L–DEO’S NORTH ISLAND 3-D SURVEY, NORTH ISLAND 2-D SURVEY, AND SOUTH ISLAND 3-D SURVEYS OF THE R/V LANGSETH OFF NEW ZEALAND

Total author- Total Level A ized Level A Species Density Level A takes Level B takes and Level B and Level B (#/1,000 km2) authorized 1 authorized 1 takes takes as a authorized 1 percentage of population

Southern right whale ...... 0.24 3 51 54 0.45 Pygmy right whale ...... 0.10 1 20 21 N.A. Humpback whale ...... 0.19 3 48 51 0.12 Bryde’s whale ...... 0.00 1 22 23 0.05 Common minke whale ...... 0.14 2 31 33 <0.01 Antarctic minke whale ...... 0.14 2 31 33 <0.01 Sei whale ...... 0.14 2 31 33 0.33 Fin whale ...... 0.25 3 52 55 0.37 Blue whale ...... 0.04 0 8 8 0.21 Sperm whale ...... 2.89 2 654 656 2.19 Cuvier’s beaked whale ...... 2.62 2 591 593 0.10 Arnoux’s beaked whale ...... 2.62 2 591 593 0.10 Southern bottlenose whale ...... 1.74 0 394 394 0.07 Shepard’s beaked whale ...... 1.74 0 394 394 0.07 Hector’s beaked whale ...... 1.74 0 394 394 0.07

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TABLE 13—TOTAL NUMBERS OF POTENTIAL INCIDENTAL TAKE OF MARINE MAMMALS AUTHORIZED DURING L–DEO’S NORTH ISLAND 3-D SURVEY, NORTH ISLAND 2-D SURVEY, AND SOUTH ISLAND 3-D SURVEYS OF THE R/V LANGSETH OFF NEW ZEALAND—Continued

Total author- Total Level A ized Level A Level B takes and Level B and Level B Species Density Level A takes (#/1,000 km2) authorized 1 authorized 1 takes takes as a authorized 1 percentage of population

True’s beaked whale ...... 0.87 0 197 197 N.A. Gray’s beaked whale ...... 3.49 2 788 790 0.13 Andrew’s beaked whale ...... 1.74 0 394 394 0.07 Strap-toothed whale ...... 2.62 2 591 593 0.10 Blainville’s beaked whale ...... 0.87 0 197 197 0.03 Spade-toothed whale ...... 0.87 0 197 197 0.03 Bottlenose dolphin ...... 4.78 3 1135 1138 N.A. Short-beaked common dolphin ...... 4.78 5 1956 1961 N.A. Dusky dolphin ...... 7.65 3 1323 1326 11.05 Southern right-whale dolphin ...... 2.87 2 680 682 N.A. Risso’s dolphin ...... 1.91 0 454 454 N.A. False killer whale ...... 2.87 3 680 683 N.A. Killer whale ...... 1.91 0 433 433 0.54 Long-finned pilot whale ...... 8.28 5 1869 1874 0.94 Short-finned pilot whale ...... 1.91 2 783 785 N.A. Pygmy sperm whale ...... 1.74 15 377 392 N.A. Hourglass dolphin ...... 4.16 37 904 941 0.63 Hector’s dolphin ...... 0.04 0 2 2 0.01 Spectacled porpoise ...... 1.91 6 120 126 N.A. New Zealand fur seal ...... 22.50 11 5084 5095 2.55 New Zealand sea lion ...... 9.00 1 591 592 5.99 Southern elephant seal ...... 4.50 7 1011 1018 0.17 Leopard seal ...... 2.25 3 506 509 0.23 1 Includes additional 25 percent contingency for potential additional survey operations and additional 25 percent contingency to account for un- certainties in density estimates.

As described above, the take estimates which marine mammals would move actual densities of marine mammals in shown in Tables 10, 11, 12 and 13 have away from the sound source is difficult the survey area. Additionally, L–DEO been revised slightly since we published to quantify and is therefore not requested authorization for 10 takes of the notice of the proposed IHA in the accounted for in the take estimates Hector’s dolphins during the North Federal Register (82 FR 45116; shown in 11, 12, 13 and 14. Island 2-D survey (LGL, 2017). However, September 27, 2017). Revised take For some marine mammal species, we we do not authorize any takes of estimates are higher in some cases, and authorize a different number of Hector’s dolphins or Maui dolphins lower in some cases, in comparison to incidental takes than the number of during North Island surveys. We believe the take estimates described in the incidental takes requested by L–DEO the likelihood of the planned North notice of the proposed IHA. These (see Tables 18, 19 and 20 in the IHA Island 2-D survey encountering a revisions have not affected our application for requested take numbers). Hector’s dolphin or Maui dolphin is so preliminary determinations. For instance, for several species, L–DEO low as to be discountable. As described It should be noted that the take increased the take request from the above, the North Island subpopulation numbers shown in Tables 10, 11, 12 and calculated take number to 1 percent of of Hector’s dolphin (aka Maui dolphin) 13 are expected to be conservative for the estimated population size. We do is very unlikely to be encountered several reasons. First, in the calculations not believe it is likely that 1 percent of during either planned North Island of estimated take, 50 percent has been the estimated population size of those survey due to the very low estimated added in the form of operational survey species will be taken by L–DEO’s abundance of the subpopulation and days (equivalent to adding 50 percent to planned surveys, therefore we do not due to the geographic isolation of the the line km to be surveyed) to account authorize the take numbers requested by subpopulation (currently limited to the for the possibility of additional seismic L–DEO in their IHA application (LGL, west coast of the North Island, whereas operations associated with airgun 2017). However, in recognition of the all planned North Island surveys would testing and repeat coverage of any areas uncertainties in the density estimates occur on the eastern side of the island). where initial data quality is sub- used to estimate take as described As such, we do not authorize any takes standard, and in recognition of the above, we believe it is reasonable to of Hector’s dolphins or Maui dolphins uncertainties in the density estimates assume that actual takes may exceed during L–DEO’s planned North Island used to estimate take as described numbers of takes calculated based on surveys. above. Additionally, marine mammals available density estimates; therefore, Mitigation would be expected to move away from we have increased take estimates for all a loud sound source that represents an marine mammal species by an In order to issue an IHA under aversive stimulus, such as an airgun additional 25 percent, to account for the Section 101(a)(5)(D) of the MMPA, array, potentially reducing the number fact that density estimates used to NMFS must set forth the permissible of Level A takes. However, the extent to estimate take may be underestimates of methods of taking pursuant to such

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activity, and other means of effecting (1) Vessel-based visual mitigation operations, two PSOs will monitor for the least practicable impact on such monitoring; marine mammals around the seismic species or stock and its habitat, paying (2) Vessel-based passive acoustic vessel. Use of two simultaneous particular attention to rookeries, mating monitoring; observers increases the effectiveness of grounds, and areas of similar (3) Establishment of an exclusion detecting marine mammals around the significance, and on the availability of zone; source vessel. However, during meal such species or stock for taking for (4) Power down procedures; times, only one PSO may be on duty. certain subsistence uses (latter not (5) Shutdown procedures; PSO(s) will be on duty in shifts of applicable for this action). NMFS (6) Ramp-up procedures; and duration no longer than 4 hours. Other regulations require applicants for (7) Vessel strike avoidance measures. crew will also be instructed to assist in incidental take authorizations to include In addition to the mitigation measures detecting marine mammals and in information about the availability and proposed by L–DEO, NMFS has implementing mitigation requirements feasibility (economic and technological) incorporated the following additional (if practical). Before the start of the of equipment, methods, and manner of measures: seismic survey, the crew will be given conducting such activity or other means (1) Shutdown upon observation of a additional instruction in detecting of effecting the least practicable adverse large whale with calf at any distance; marine mammals and implementing impact upon the affected species or (2) Shutdown upon observation of a mitigation requirements. The Langseth stocks and their habitat (50 CFR Hector’s dolphin or Maui dolphin is a suitable platform for marine 216.104(a)(11)). (during North Island 2-D and North mammal observations. When stationed In evaluating how mitigation may or Island 3-D surveys only) at any distance; on the observation platform, PSOs will may not be appropriate to ensure the (3) Shutdown upon observation of an have a good view around the entire least practicable adverse impact on aggregation (6 or more) of large whales vessel. During daytime, the PSO(s) will species or stocks and their habitat, as of any species at any distance; scan the area around the vessel well as subsistence uses where (4) Shutdown upon any observation systematically with reticle binoculars applicable, we carefully consider two (visual or acoustic) of a beaked whale or (e.g., 7 x 50 Fujinon), Big-eye binoculars primary factors: Kogia spp. at any distance; and (25 x 150), and with the naked eye. (1) The manner in which, and the (5) Shutdown upon acoustic detection The PSOs must have no tasks other degree to which, the successful of a sperm whale (with certain than to conduct observational effort, implementation of the measure(s) is exceptions) at any distance. record observational data, and expected to reduce impacts to marine As described above, measures (3), (4) communicate with and instruct relevant mammals, marine mammal species or and (5) incorporated by NMFS above vessel crew with regard to the presence stocks, and their habitat. This considers were added to the suite of mitigation of marine mammals and mitigation the nature of the potential adverse measures after we published the notice requirements. PSO resumes will be impact being mitigated (likelihood, of the proposed IHA in the Federal provided to NMFS for approval. At least scope, range). It further considers the Register (82 FR 45116; September 27, two PSOs must have a minimum of 90 likelihood that the measure will be 2017), in response to comments days at-sea experience working as PSOs effective if implemented (probability of received from the Commission. during a high energy seismic survey, accomplishing the mitigating result if Vessel-Based Visual Mitigation with no more than eighteen months implemented as planned) the likelihood Monitoring elapsed since the conclusion of the at- of effective implementation (probability sea experience. One ‘‘experienced’’ implemented as planned), and Protected Species Observer (PSO) visual PSO will be designated as the (2) the practicability of the measures observations will take place during all lead for the entire protected species for applicant implementation, which daytime airgun operations and observation team. The lead will may consider such things as cost, nighttime start ups (if applicable) of the coordinate duty schedules and roles for impact on operations, and, in the case airguns. Airgun operations will be the PSO team and serve as primary of a military readiness activity, suspended when marine mammals are point of contact for the vessel operator. personnel safety, practicality of observed within, or about to enter, The lead PSO will devise the duty implementation, and impact on the designated Exclusion Zones (as schedule such that ‘‘experienced’’ PSOs effectiveness of the military readiness described below). PSOs will also watch are on duty with those PSOs with activity. for marine mammals near the vessel for appropriate training but who have not L–DEO has reviewed mitigation at least 30 minutes prior to the planned yet gained relevant experience, to the measures employed during seismic start of airgun operations. PSOs will maximum extent practicable. research surveys authorized by NMFS monitor the entire extent of the modeled The PSOs must have successfully under previous incidental harassment Level B harassment zone (Table 3) (or, completed relevant training, including authorizations, as well as recommended as far as they are able to see, if they completion of all required coursework best practices in Richardson et al. cannot see to the extent of the estimated and passing a written and/or oral (1995), Pierson et al. (1998), Weir and Level B harassment zone). Observations examination developed for the training Dolman (2007), Nowacek et al. (2013), will also be made during daytime program, and must have successfully Wright (2014), and Wright and periods when the Langseth is underway attained a bachelor’s degree from an Cosentino (2015), and has incorporated without seismic operations, such as accredited college or university with a a suite of proposed mitigation measures during transits, to allow for comparison major in one of the natural sciences and into their project description based on of sighting rates and behavior with and a minimum of 30 semester hours or the above sources. without airgun operations and between equivalent in the biological sciences and To reduce the potential for acquisition periods. at least one undergraduate course in disturbance from acoustic stimuli During seismic operations, a math or statistics. The educational associated with the activities, L–DEO minimum of four visual PSOs will be requirements may be waived if the PSO proposed to implement the following based aboard the Langseth. PSOs will be has acquired the relevant skills through mitigation measures for marine appointed by L–DEO, with NMFS’ alternate training, including (1) mammals: approval. During the majority of seismic secondary education and/or experience

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comparable to PSO duties; (2) previous When a vocalization is detected, the injury zones (e.g., power down would work experience conducting academic, acoustic PSO will take necessary action occur when a marine mammal entered commercial, or government-sponsored depending on the species and location or appeared likely to enter the zone(s) marine mammal surveys; or (3) previous of the animal detected. If the species within which auditory injury is work experience as a PSO. The PSO and/or location of the animal(s) expected to occur based on modeling) should demonstrate good standing and warrants immediate shutdown of the (Tables 6, 7, 8). However, we instead consistently good performance of PSO array, the acoustic PSO will contact the require the 500 m EZ as described duties. vessel operator immediately to call for above. The 500 m EZ is intended to be a shutdown (see the section on precautionary in the sense that it would Vessel-Based Passive Acoustic Mitigation, below, for scenarios that be expected to contain sound exceeding Mitigation Monitoring require shutdown based on acoustic peak pressure injury criteria for all Passive acoustic monitoring (PAM) detection), If the species and/or location cetacean hearing groups, while also will take place to complement the visual of the animal(s) does not warrant providing a consistent, reasonably monitoring program and to inform immediate shutdown, the acoustic PSO observable zone within which PSOs mitigation measures. Visual monitoring will contact visual PSOs immediately, would typically be able to conduct typically is not effective during periods to alert them to the presence of marine effective observational effort. of poor visibility or at night, and even mammals (if they have not already been Additionally, a 500-m EZ is expected to with good visibility, is unable to detect detected visually), in order to facilitate minimize the likelihood that marine marine mammals when they are below a power down or shutdown, if required. mammals will be exposed to levels the surface or beyond visual range. The information regarding the marine likely to result in more severe Acoustic monitoring can be used in mammal acoustic detection will be behavioral responses. Although addition to visual observations to entered into a database. significantly greater distances may be improve detection, identification, and In summary, a typical daytime cruise observed from an elevated platform localization of cetaceans. The acoustic will have scheduled two observers under good conditions, we believe that monitoring will serve to inform (visual) on duty from the observation 500 m is likely regularly attainable for mitigation measures and to alert visual platform, and an acoustic observer on PSOs using the naked eye during typical observers (if on duty) when vocalizing the passive acoustic monitoring system. conditions. An appropriate EZ based on cetaceans are detected. PAM is only Exclusion Zone and Buffer Zone useful when marine mammals vocalize, cumulative sound exposure level An exclusion zone (EZ) is a defined but it can be effective either by day or (SELcum) criteria would be dependent on area within which occurrence of a by night and does not depend on good the animal’s applied hearing range and marine mammal triggers mitigation how that overlaps with the frequencies visibility. PAM will be monitored in action intended to reduce the potential real time so that visual observers can be produced by the sound source of for certain outcomes, e.g., auditory interest (i.e., via marine mammal alerted when marine mammals are injury, disruption of critical behaviors. detected acoustically. auditory weighting functions) (NMFS, The PSOs will establish a minimum EZ 2016), and may be larger in some cases The PAM system consists of hardware with a 500 m radius for the 36 airgun than the zones calculated on the basis (i.e., hydrophones) and software. The array and the 18 airgun array. The 500 of the peak pressure thresholds (and ‘‘wet end’’ of the system consists of a m EZ will be based on radial distance larger than 500 m) depending on the towed hydrophone array that is from any element of the airgun array species in question and the connected to the vessel by a tow cable. (rather than being based on the center of characteristics of the specific airgun A deck cable will connect the tow cable the array or around the vessel itself). array. In particular, the EZ radii would to the electronics unit on board where With certain exceptions (described be larger for low-frequency cetaceans, the acoustic station, signal conditioning, below), if a marine mammal appears because their most susceptible hearing and processing system will be located. within, enters, or appears on a course to range overlaps the low frequencies The acoustic signals received by the enter this zone, the acoustic source will produced by airguns, but the zones hydrophones are amplified, digitized, be powered down (see Power Down would remain very small for mid- and then processed by the software. Procedures below). In addition to the frequency cetaceans (i.e., including the At least one acoustic PSO (in addition 500 m EZ for the full arrays, a 100 m ‘‘small delphinoids’’ described below), to the four visual PSOs) will be on exclusion zone will be established for whose range of best hearing largely does board. The towed hydrophones will be the single 40 in3 airgun. With certain not overlap with frequencies produced monitored 24 hours per day (either by exceptions (described below), if a by airguns. the acoustic PSO or by a visual PSO marine mammal appears within, enters, Use of monitoring and shutdown or trained in the PAM system if the or appears on a course to enter this zone power-down measures within defined acoustic PSO is on break) while at the the acoustic source will be shut down exclusion zone distances is inherently seismic survey area during airgun entirely (see Shutdown Procedures an essentially instantaneous operations, and during most periods below). Additionally, power down of proposition—a rule or set of rules that when the Langseth is underway while the full arrays will last no more than 30 requires mitigation action upon the airguns are not operating. However, minutes maximum at any given time; detection of an animal. This indicates PAM may not be possible if damage thus the arrays will be shut down that definition of an exclusion zone on occurs to the array or back-up systems entirely if, after 30 minutes of the array the basis of cumulative sound exposure during operations. One PSO will being powered down, a marine mammal level thresholds, which require that an monitor the acoustic detection system at remains inside the 500 m EZ (with the animal accumulate some level of sound any one time, in shifts no longer than exception of spectacled porpoise and energy exposure over some period of six hours, by listening to the signals via bottlenose, hourglass, and Hector’s time (e.g., 24 hours), has questionable headphones and/or speakers and dolphins, as described above). relevance as a standard protocol. A PSO watching the real-time spectrographic In their IHA application, L–DEO aboard a mobile source will typically display for frequency ranges produced proposed to establish EZs based upon have no ability to monitor an animal’s by cetaceans. modeled radial distances to auditory position relative to the acoustic source

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over relevant time periods for purposes m in addition to the 500 m EZ). During of interacting with the vessel and/or of understanding whether auditory operation of the airgun arrays, airgun array (e.g., bow riding). This injury is likely to occur on the basis of occurrence of marine mammals within exception to the power down cumulative sound exposure and, the 500 m buffer zone (but outside the requirement applies solely to specific therefore, whether action should be 500 m EZ) will be communicated to the species of small dolphins: Short-beaked taken to avoid such potential. vessel operator to prepare for potential common dolphin, dusky dolphin, and Cumulative SEL thresholds are more power down or shutdown of the southern right whale dolphin. If there is relevant for purposes of modeling the acoustic source. The buffer zone is uncertainty regarding identification (i.e., potential for auditory injury than they discussed further under Ramp Up whether the observed animal(s) belongs are for dictating real-time mitigation, Procedures below. PSOs will also to the species described above), the though they can be informative monitor the entire extent of the power down or shutdown must be (especially in a relative sense). We estimated Level B harassment zone implemented. Note that bottlenose, recognize the importance of the (Table 3) (or, as far as they are able to hourglass, and Hector’s dolphins and accumulation of sound energy to an see, if they cannot see to the extent of spectacled porpoise are not included in understanding of the potential for the estimated Level B harassment zone). the power down/shutdown exception. auditory injury and that it is likely that, We include this small delphinoid at least for low-frequency cetaceans, Power Down Procedures exception because power-down/ some potential auditory injury is likely A power down involves decreasing shutdown requirements for small impossible to mitigate and should be the number of airguns in use such that delphinoids under all circumstances considered for authorization. the smallest single element of the array represent practicability concerns In summary, our intent in prescribing is in operation (i.e., one 40-in3 airgun), without likely commensurate benefits a standard exclusion zone distance is to with the result that the radius of the for the animals in question. Small (1) encompass zones for most species mitigation zone is decreased to the delphinoids are generally the most within which auditory injury could extent that marine mammals are no commonly observed marine mammals occur on the basis of instantaneous longer in, or about to enter, the 500 m in the specific geographic region and exposure; (2) provide additional EZ. The continued operation of one 40- would typically be the only marine protection from the potential for more in3 airgun is intended to alert marine mammals likely to intentionally severe behavioral reactions (e.g., panic, mammals to the presence of the seismic approach the vessel. As described antipredator response) for marine vessel in the area, and to allow them to below, auditory injury is extremely mammals at relatively close range to the leave the area of the seismic vessel if unlikely to occur for mid-frequency acoustic source; (3) provide consistency they choose. In contrast, a shutdown cetaceans (e.g., delphinids), as this for PSOs, who need to monitor and occurs when all airgun activity is group is relatively insensitive to sound implement the exclusion zone; and (4) suspended (shutdown procedures are produced at the predominant to define a distance within which discussed below). If a marine mammal frequencies in an airgun pulse while detection probabilities are reasonably is detected outside the 500 m EZ but also having a relatively high threshold high for most species under typical appears likely to enter the 500 m EZ, the for the onset of auditory injury (i.e., conditions. array will be powered down before the permanent threshold shift). Please see Our use of 500 m as the EZ is a animal is within the 500 m EZ. Potential Effects of the Specified reasonable combination of factors. This Likewise, if a mammal is already within Activity on Marine Mammals in the zone is expected to contain all potential the 500 m EZ when first detected, the Federal Register notice of the proposed auditory injury for all marine mammals array will be powered down IHA (82 FR 45116; September 27, 2017) (high-frequency, mid-frequency and immediately. During a power down of for further discussion of sound metrics low-frequency cetacean functional the airgun array, the 40-in3 airgun will and thresholds and marine mammal hearing groups and otariid and phocid be operated. hearing. Bottlenose dolphins are pinnipeds) as assessed against peak Following a power down, airgun excluded from the power down waiver pressure thresholds (NMFS, 2016) activity will not resume until the marine due to concerns from the New Zealand (Tables 6, 7, 8). It is also expected to mammal has cleared the 500 m EZ. The Department of Conservation, while contain all potential auditory injury for animal will be considered to have hourglass, spectacled, and Hector’s high-frequency and mid-frequency cleared the 500 m EZ if the following dolphins are excluded from the power cetaceans as well as otariid and phocid conditions have been met: down waiver due to their functional pinnipeds as assessed against SELcum • It is visually observed to have hearing range (they are classified as high thresholds (NMFS, 2016) (Tables 6, 7, departed the 500 m EZ; or frequency cetaceans which would make 8). It has proven to be practicable • it has not been seen within the 500 them more susceptible to harassment or through past implementation in seismic m EZ for 15 min in the case of small possible injury as a result of exposure to surveys conducted for the oil and gas odontocetes and pinnipeds; or airgun sounds). industry in the Gulf of Mexico (as • it has not been seen within the 500 A large body of anecdotal evidence regulated by the Bureau of Ocean m EZ for 30 min in the case of indicates that small delphinoids Energy Management (BOEM) pursuant mysticetes and large odontocetes, commonly approach vessels and/or to the Outer Continental Shelf Lands including sperm, pygmy sperm, dwarf towed arrays during active sound Act (43 U.S.C. 1331–1356)). In sperm, and beaked whales. production for purposes of bow riding, summary, a practicable criterion, such This power down requirement will be with no apparent effect observed in as the EZs described above, has the in place for all marine mammals, with those delphinoids (e.g., Barkaszi et al., advantage of simplicity while still the exception of certain small 2012). The potential for increased providing in most cases a zone larger delphinoids under certain shutdowns resulting from such a than relevant auditory injury zones, circumstances. As defined here, the measure would require the Langseth to given realistic movement of source and small delphinoid group is intended to revisit the missed track line to reacquire receiver. encompass those members of the Family data, resulting in an overall increase in The PSOs will also establish and Delphinidae most likely to voluntarily the total sound energy input to the monitor a 500 m buffer zone (i.e., 500 approach the source vessel for purposes marine environment and an increase in

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the total duration over which the survey species described above), the shutdown distributed with no evidence of is active in a given area. Although other will be implemented. horizontal avoidance, it must be noted mid-frequency hearing specialists (e.g., Other Shutdown Requirements—In that their study was to some degree large delphinoids) are no more likely to addition to the shutdown requirement precipitated by an earlier observation of incur auditory injury than are small described above, NMFS also requires significantly decreased sperm whale delphinoids, they are much less likely shutdown of the acoustic source in the density in the presence of airgun to approach vessels. Therefore, retaining event of certain other observations surveys (Mate et al., 1994). However, a power-down/shutdown requirement regardless of the defined exclusion effects on vocal behavior are common for large delphinoids would not have zone. While visual PSOs should focus (e.g., Watkins and Schevill, 1975; similar impacts in terms of either observational effort within the vicinity Watkins et al., 1985). The sperm whale’s practicability for the applicant or of the acoustic source and vessel (i.e., primary means of locating prey is corollary increase in sound energy approximately 1 km radius), this does echolocation (Miller et al., 2004), and output and time on the water. We do not preclude them from periodic multiple studies have shown that noise anticipate some benefit for a power- scanning of the remainder of the visible can disrupt feeding behavior and/or down/shutdown requirement for large area, and there is no reason to believe significantly reduce foraging success for delphinoids in that it simplifies that such periodic scans by professional sperm whales at relatively low levels of somewhat the total range of decision- PSOs would hamper their ability to exposure (e.g., Miller et al., 2009, 2012; making for PSOs and may preclude any maintain observation of areas closer to Isojunno et al., 2016; Sivle et al., 2012; potential for physiological effects other the source and vessel. These Cure et al., 2016). Effects on energy than to the auditory system as well as circumstances include: intake with no immediate some more severe behavioral reactions • Upon observation of a large whale compensation, as is suggested by for any such animals in close proximity (i.e., sperm whale or any baleen whale) disruption of foraging behavior without to the source vessel. with calf at any distance, with ‘‘calf’’ corollary movements to new locations, A power down could occur for no defined as an animal less than two- would be expected to result in more than 30 minutes maximum at any thirds the body size of an adult observed bioenergetics consequences to given time. If, after 30 minutes of the to be in close association with an adult. individual whales. array being powered down, marine Groups of whales are likely to be more We also considered requirement of mammals had not cleared the 500 m EZ susceptible to disturbance when calves shutdown upon visual detection of (as described above), a shutdown of the are present (e.g., Bauer et al., 1993), and sperm whales at any distance. Here, we array will be implemented (see Shut disturbance of cow-calf pairs could assume that acoustic detections of Down Procedures, below). Power down potentially result in separation of sperm whales would most likely be is only allowed in response to the vulnerable calves from adults. representative of the foraging behavior presence of marine mammals within the McCauley et al. (2000a) found that we intend to minimize disruption of, designated EZ. Thus, the single 40 in3 groups of humpback whale females with while visual observations of sperm airgun, which will be operated during calves consistently avoided a single whales would represent resting between power downs, may not be operated operating airgun, while male bouts of such behavior. Occurrence of continuously throughout the night or humpbacks were attracted to it, resting sperm whales at distances during transits from one line to another. concluding that cow-calf pairs are more beyond the exclusion zone may not likely to exhibit avoidance responses to indicate a need to implement shutdown. Shut Down Procedures unfamiliar sounds and that such If the location of an acoustically The single 40-in3 operating airgun responses should be a focus of detected sperm whale can be will be shut down if a marine mammal management. Behavioral disturbance definitively localized by the PAM is seen within or approaching the 100 m has been implicated in mother-calf operator as outside the 500 m EZ, then EZ for the single 40-in3 airgun. separations for odontocete species as the requirement to shutdown the array Shutdown will be implemented if (1) an well (Noren and Edwards, 2007; Wade is waived. If there is any uncertainty as animal enters the 100 m EZ of the single et al., 2012). Separation, if it occurred, to whether or not an acoustically 40-in3 airgun after a power down has could be exacerbated by airgun signals detected sperm whale is within the 500 been initiated, or (2) an animal is masking communication between adults m EZ, shutdown must be implemented. initially seen within the 100 m EZ of the and the separated calf (Videsen et al., • Upon any observation (visual or single 40-in3 airgun when more than 2017). Absent separation, airgun signals acoustic) of a beaked whale or Kogia one airgun (typically the full array) is can disrupt or mask vocalizations spp. These species are behaviorally operating. Airgun activity will not essential to mother-calf interactions. sensitive deep divers and it is possible resume until the marine mammal has Reductions in the probability of calf that disturbance could provoke a severe cleared the 500 m EZ. Criteria for survival for gray whales have been behavioral response leading to injury judging that the animal has cleared the linked to airgun surveys in Russia (e.g., Wursig et al., 1998; Cox et al., EZ will be as described above. A (Cooke et al., 2016). 2006). Unlike the sperm whale, we shutdown of the array will be • Upon acoustic detection of a sperm recognize that there are generally low implemented if, after 30 minutes of the whale (except in cases where the detection probabilities for beaked array being powered down, marine location of an acoustically detected whales and Kogia spp., meaning that mammals have not cleared the 500 m EZ sperm whale can be definitively many animals of these species may go (as described above). localized as outside the 500 m EZ). undetected. Barlow (1999) estimates The shutdown requirement, like the Sperm whales are not necessarily such probabilities at 0.23 to 0.45 for power down requirement, is waived for expected to display physical avoidance Cuvier’s and Mesoplodont beaked dolphins of the following species: Short- of sound sources (e.g., Madsen et al., whales, respectively. However, Barlow beaked common dolphin, dusky 2002a; Jochens et al., 2008; Winsor et and Gisiner (2006) predict a roughly 24– dolphin and southern right whale al., 2017). Although Winsor et al. (2017) 48 percent reduction in the probability dolphin. If there is uncertainty report that distances and orientations of detecting beaked whales during regarding identification (i.e., whether between tagged whales and active seismic mitigation monitoring efforts as the observed animal(s) belongs to the airgun arrays appeared to be randomly compared with typical research survey

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efforts, and Moore and Barlow (2013) the limited range and high site fidelity marine mammal within or approaching noted a decrease in g(0) for Cuvier’s of the population of Hector’s dolphin the 500 m EZ, ramp-up will not be beaked whales from 0.23 at BSS 0 (calm) that occurs in Te Waewae Bay and the initiated until all marine mammals have to 0.024 at BSS 5. Similar detection proximity of the planned South Island cleared the EZ, during the day or night. probabilities have been noted for Kogia 2-D survey with Te Waewae Bay we Visual and acoustic PSOs are required spp., though they typically travel in have included this requirement to to monitor during ramp-up. If a marine smaller groups and are less vocal, thus protect the South Island Hector’s mammal were detected by visual PSOs making detection more difficult (Barlow dolphin. The requirement to shut down within or approaching the 500 m EZ and Forney, 2007). Because it is likely on acoustic detection applies when the during ramp-up, a power down (or shut that only a small proportion of beaked acoustic detection can be positively down if appropriate) will be whales and Kogia spp. potentially identified as originating from a Hector’s implemented as though the full array affected by the planned surveys would dolphin. were operational. Criteria for clearing actually be detected, it is important to • In the event of a shutdown due to the EZ will be as described above. avoid potential impacts when possible. visual observation of a beaked whale, Thirty minutes of pre-clearance • Upon visual observation of an Kogia spp., an aggregation of large observation of the 500 m EZ and 500 m aggregation (6 or more) of large whales whales, or large whale with calf, ramp- buffer zone are required prior to ramp- of any species (i.e., sperm whale or any up procedures will not be initiated until up following any extended deactivation baleen whale) (e.g., feeding, socializing, the animal(s) that triggered the of the array (i.e., if the array were shut etc.). Under these circumstances, we shutdown has not been seen at any down during transit from one line to assume that the animals are engaged in distance for 30 minutes. In the event of another). This 30 minute pre-clearance some important behavior (e.g., feeding, a shutdown due to visual or confirmed period may occur during any vessel socializing) that should not be acoustic detection of a Hector’s or Maui activity (i.e., transit). If a marine disturbed. By convention, we define an dolphin, ramp-up procedures will not mammal is observed within or aggregation as six or more animals. be initiated until the Hector’s/Maui approaching the 500 m EZ during this • Upon observation (visual or dolphin has not been visually or pre-clearance period, ramp-up will not acoustic) of a Hector’s dolphin or Maui acoustically detected at any distance for be initiated until all marine mammals dolphin (during North Island and South 15 minutes. In the event of a shutdown have cleared the EZ. Criteria for clearing Island surveys) at any distance. As due to acoustic detection of a sperm the EZ will be as described above. described above, the Maui dolphin is whale, Kogia spp., or beaked whale, Ramp-up will be planned to occur considered one of the rarest dolphins in ramp-up procedures will not be during periods of good visibility when the world with a population size initiated until the animal(s) that possible. However, ramp-up is allowed estimated at just 63 individuals (Baker triggered the shutdown has not been at night and during poor visibility if the et al. 2016). It has undergone a marked detected acoustically for 30 minutes. 500 m EZ and 500 m buffer zone have reduction in range (Dawson et al. 2001; been monitored by visual PSOs for 30 Slooten et al. 2005), and currently faces Ramp-Up Procedures minutes prior to ramp-up and if acoustic a high risk of extinction (Manning and Ramp-up of an acoustic source is monitoring has occurred for 30 minutes Grantz, 2016). The shutdown intended to provide a gradual increase prior to ramp-up with no acoustic requirement for Hector’s/Maui dolphin in sound levels following a power down detections during that period. Ramp-up during North Island surveys is designed or shutdown, enabling animals to move of the array may not occur at night or to avoid any potential for exposure of a away from the source if the signal is during poor visibility if the PAM system Maui dolphin to seismic airgun sounds. sufficiently aversive prior to its reaching is not functional. Maui dolphins are not expected to occur full intensity. The ramp-up procedure The operator is required to notify a in the planned survey areas off the involves a step-wise increase in the designated PSO of the planned start of North Island based on their current number of airguns firing and total array ramp-up as agreed-upon with the lead range. However, as described above, volume until all operational airguns are PSO. A designated PSO must be notified there have been occasional sightings of activated and the full volume is again immediately prior to initiating Hector’s dolphins off the east coast of achieved. Ramp-up is required after the ramp-up procedures and the operator the North Island though it is unclear array is powered down or shut down must receive confirmation from the PSO whether those individuals may have due to mitigation. If the airgun array has to proceed. The operator must provide originated from the South Island been shut down for reasons other than information to PSOs documenting that Hector’s dolphin populations (Baker mitigation (e.g., mechanical difficulty) appropriate procedures were followed. 1978, Russell 1999, Ferreira and Roberts for a period of less than 30 minutes, it Following deactivation of the array for 2003, Slooten et al. 2005, DuFresne may be activated again without ramp-up reasons other than mitigation, the 2010, Berkenbusch et al. 2013; Torres et if PSOs have maintained constant visual operator is required to communicate the al. 2013; Patin˜ o-Pe´rez 2015; NZDOC and acoustic observation and no visual near-term operational plan to the lead 2017). While we have determined the detections of any marine mammal have PSO with justification for any planned likelihood of L–DEO’s planned North occurred within the buffer zone and no nighttime ramp-up. Island surveys encountering a Hector’s acoustic detections have occurred. This L–DEO proposed that ramp up would dolphin or Maui dolphin is extremely is the only scenario under which ramp not occur following an extended power low, we nonetheless include this up is not required. down (LGL 2017). However, as we do measure to further minimize the already Ramp-up will begin by activating a not allow extended power downs during extremely unlikely potential for single airgun of the smallest volume in the planned surveys, we also do not exposure of a Maui dolphin to airgun the array and will continue in stages by include this as a mitigation measure; sounds. Also as described above, doubling the number of active elements instead, ramp up is required after any Hector’s dolphins have relatively small at the commencement of each stage, power down or shutdown of the array home ranges and high site fidelity and with each stage of approximately the (with the one exception as described a genetically distinct and localized same duration. above). L–DEO also proposed that ramp population occurs in Te Waewae Bay If airguns have been powered down or up would occur when the airgun array (Mackenzie and Clement, 2014). Due to shut down due to PSO detection of a begins operating after 8 minutes without

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airgun operations (LGL 2017). However, habitat, paying particular attention to monitoring of the EZ to inform potential we instead include the criteria for ramp- rookeries, mating grounds, and areas of power downs or shutdowns of the up as described above. similar significance. airgun array, are described above. L–DEO’s monitoring and reporting Vessel Strike Avoidance Monitoring and Reporting plan includes the following measures: Vessel strike avoidance measures are In order to issue an IHA for an Vessel-Based Visual Monitoring intended to minimize the potential for activity, Section 101(a)(5)(D) of the collisions with marine mammals. We MMPA states that NMFS must set forth As described above, PSO observations note that these requirements do not requirements pertaining to the will take place during daytime airgun apply in any case where compliance monitoring and reporting of such taking. operations and nighttime start ups (if would create an imminent and serious The MMPA implementing regulations at applicable) of the airguns. During threat to a person or vessel or to the 50 CFR 216.104(a)(13) indicate that seismic operations, at least four visual extent that a vessel is restricted in its requests for authorizations must include PSOs will be based aboard the Langseth. ability to maneuver and, because of the the suggested means of accomplishing PSOs will be appointed by L–DEO with restriction, cannot comply. the necessary monitoring and reporting NMFS approval. During the majority of The vessel strike avoidance measures that will result in increased knowledge seismic operations, two PSOs will include the following: Vessel operator of the species and of the level of taking monitor for marine mammals around and crew will maintain a vigilant watch or impacts on populations of marine the seismic vessel. Use of two for all marine mammals and slow down mammals that are expected to be simultaneous observers increases the or stop the vessel or alter course to present in the action area. Effective effectiveness of detecting animals avoid striking any marine mammal. A reporting is critical both to compliance around the source vessel. However, visual observer aboard the vessel will as well as ensuring that the most value during meal times, only one PSO may monitor a vessel strike avoidance zone is obtained from the required be on duty. PSOs will be on duty in around the vessel according to the monitoring. shifts of duration no longer than 4 parameters stated below. Visual Monitoring and reporting hours. Other crew will also be observers monitoring the vessel strike requirements prescribed by NMFS instructed to assist in detecting marine avoidance zone will be either third- should contribute to improved mammals and in implementing party observers or crew members, but understanding of one or more of the mitigation requirements (if practical). crew members responsible for these following: During daytime, PSOs will scan the area duties will be provided sufficient • Occurrence of marine mammal around the vessel systematically with training to distinguish marine mammals species or stocks in the area in which reticle binoculars (e.g., 7 x 50 Fujinon), from other phenomena. Vessel strike take is anticipated (e.g., presence, Big-eye binoculars (25 x 150), and with avoidance measures will be followed abundance, distribution, density); the naked eye. during surveys and while in transit. • Nature, scope, or context of likely PSOs will record data to estimate the The vessel will maintain a minimum marine mammal exposure to potential numbers of marine mammals exposed to separation distance of 100 m from large stressors/impacts (individual or various received sound levels and to whales (i.e., baleen whales and sperm cumulative, acute or chronic), through document apparent disturbance whales). If a large whale is within 100 better understanding of: (1) Action or reactions or lack thereof. Data will be m of the vessel the vessel will reduce environment (e.g., source used to estimate numbers of animals speed and shift the engine to neutral, characterization, propagation, ambient potentially ‘taken’ by harassment (as and will not engage the engines until noise); (2) affected species (e.g., life defined in the MMPA). They will also the whale has moved outside of the history, dive patterns); (3) co-occurrence provide information needed to order a vessel’s path and the minimum of marine mammal species with the power down or shutdown of airguns separation distance has been action; or (4) biological or behavioral when a marine mammal is within or established. If the vessel is stationary, context of exposure (e.g., age, calving or near the EZ. the vessel will not engage engines until feeding areas); When a sighting is made, the the whale(s) has moved out of the • Individual marine mammal following information about the sighting vessel’s path and beyond 100 m. The responses (behavioral or physiological) will be recorded: vessel will maintain a minimum to acoustic stressors (acute, chronic, or 1. Species, group size, age/size/sex separation distance of 50 m from all cumulative), other stressors, or categories (if determinable), behavior other marine mammals (with the cumulative impacts from multiple when first sighted and after initial exception of short-beaked common stressors; sighting, heading (if consistent), bearing dolphins, dusky dolphins and southern • How anticipated responses to and distance from seismic vessel, right whale dolphins that approach the stressors impact either: (1) Long-term sighting cue, apparent reaction to the vessel, as described above). If an animal fitness and survival of individual airguns or vessel (e.g., none, avoidance, is encountered during transit, the vessel marine mammals; or (2) populations, approach, paralleling, etc.), and will attempt to remain parallel to the species, or stocks; behavioral pace; and animal’s course, avoiding excessive • Effects on marine mammal habitat 2. Time, location, heading, speed, speed or abrupt changes in course. (e.g., marine mammal prey species, activity of the vessel, sea state, Vessel speeds will be reduced to 10 acoustic habitat, or other important visibility, and sun glare. knots or less when mother/calf pairs, physical components of marine All observations and power downs or pods, or large assemblages of cetaceans mammal habitat); and shutdowns will be recorded in a are observed near the vessel. • Mitigation and monitoring standardized format. Data will be Based on our evaluation of the effectiveness. entered into an electronic database. The applicant’s proposed measures, NMFS L–DEO submitted a marine mammal accuracy of the data entry will be has determined that the mitigation monitoring and reporting plan in verified by computerized data validity measures provide the means of effecting section XIII of their IHA application. checks as the data are entered and by the least practicable impact on the Monitoring that is designed specifically subsequent manual checking of the affected species or stocks and their to facilitate mitigation measures, such as database. These procedures will allow

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initial summaries of data to be prepared will record data collected via the PAM of takes alone is not enough information during and shortly after the field system, including the following: An on which to base an impact program and will facilitate transfer of acoustic encounter identification determination. In addition to the data to statistical, graphical, and number, whether it was linked with a considering estimates of the number of other programs for further processing visual sighting, date, time when first marine mammals that might be ‘‘taken’’ and archiving. The time, location, and last heard and whenever any through harassment, NMFS considers heading, speed, activity of the vessel, additional information was recorded, other factors, such as the likely nature sea state, visibility, and sun glare will position and water depth when first of any responses (e.g., intensity, also be recorded at the start and end of detected, bearing if determinable, duration), the context of any responses each observation watch, and during a species or species group (e.g., (e.g., critical reproductive time or watch whenever there is a change in one unidentified dolphin, sperm whale), location, migration), as well as effects or more of the variables. types and nature of sounds heard (e.g., on habitat, and the likely effectiveness Results from the vessel-based clicks, continuous, sporadic, whistles, of the mitigation. We also assess the observations will provide: creaks, burst pulses, strength of signal, number, intensity, and context of 1. The basis for real-time mitigation etc.), and any other notable information. estimated takes by evaluating this (airgun power down or shutdown); Acoustic detections will also be information relative to population 2. Information needed to estimate the recorded for further analysis. status. Consistent with the 1989 number of marine mammals potentially Reporting preamble for NMFS’ implementing taken by harassment, which must be regulations (54 FR 40338; September 29, reported to NMFS; A report will be submitted to NMFS 1989), the impacts from other past and 3. Data on the occurrence, within 90 days after the end of the ongoing anthropogenic activities are distribution, and activities of marine cruise. The report will describe the incorporated into this analysis via their operations that were conducted and mammals in the area where the seismic impacts on the environmental baseline sightings of marine mammals near the study is conducted; (e.g., as reflected in the regulatory status operations. The report will provide full 4. Information to compare the of the species, population size and documentation of methods, results, and distance and distribution of marine growth rate where known, ongoing interpretation pertaining to all mammals relative to the source vessel at sources of human-caused mortality, or monitoring. The 90-day report will times with and without seismic activity; ambient noise levels). and summarize the dates and locations of 5. Data on the behavior and seismic operations, and all marine To avoid repetition, our analysis movement patterns of marine mammals mammal sightings (dates, times, applies to all the species listed in Table seen at times with and without seismic locations, activities, associated seismic 2, given that NMFS expects the activity. survey activities). The report will also anticipated effects of the planned include estimates of the number and seismic surveys to be similar in nature. Vessel-Based Passive Acoustic nature of exposures that occurred above Where there are meaningful differences Monitoring the harassment threshold based on PSO between species or stocks, or groups of As described above, the acoustic PSO observations, including an estimate of species, in anticipated individual will monitor the PAM system in real those on the trackline but not detected. responses to activities, impact of time. When a vocalization is detected, expected take on the population due to the acoustic PSO will take necessary Negligible Impact Analysis and differences in population status, or action depending on the species and Determination impacts on habitat, NMFS has identified location of the animal detected, whether NMFS has defined negligible impact species-specific factors to inform the immediately calling for a shutdown or as an impact resulting from the analysis. As described above, we immediately contacting visual PSOs to specified activity that cannot be authorize only the takes estimated to alert them to the presence of marine reasonably expected to, and is not occur outside of New Zealand territorial mammals in order to facilitate a power reasonably likely to, adversely affect the sea (Tables 10, 11, 12 and 13); however, down or shutdown, if required. species or stock through effects on for the purposes of our negligible impact PAM will also take place to annual rates of recruitment or survival analysis and determination, we consider complement the visual monitoring (50 CFR 216.103). A negligible impact the total impacts to the affected marine program as described above. Please see finding is based on the lack of likely mammal populations resulting from the the Mitigation section above for a adverse effects on annual rates of specified activity, including takes that description of the PAM system and the recruitment or survival (i.e., population- are expected to occur within the acoustic PSO’s duties. The acoustic PSO level effects). An estimate of the number territorial sea (Table 14).

TABLE 14—TOTAL NUMBERS OF POTENTIAL INCIDENTAL TAKE OF MARINE MAMMALS DURING PORTIONS OF L–DEO’S NORTH ISLAND 2-D, NORTH ISLAND 3-D, AND SOUTH ISLAND 2-D SURVEYS THAT OCCUR IN THE NEW ZEALAND TER- RITORIAL SEA

Total Species Estimated Estimated estimated Level A takes 1 Level B takes 1 Level A and Level B takes 1

Southern right whale ...... 0 25 25 Pygmy right whale ...... 0 11 11 Humpback whale ...... 0 24 24 Bryde’s whale ...... 0 14 14 Common minke whale ...... 0 16 16 Antarctic minke whale ...... 0 16 16 Sei whale ...... 0 16 16

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TABLE 14—TOTAL NUMBERS OF POTENTIAL INCIDENTAL TAKE OF MARINE MAMMALS DURING PORTIONS OF L–DEO’S NORTH ISLAND 2-D, NORTH ISLAND 3-D, AND SOUTH ISLAND 2-D SURVEYS THAT OCCUR IN THE NEW ZEALAND TER- RITORIAL SEA—Continued

Total estimated Species Estimated Estimated Level A takes 1 Level B takes 1 Level A and Level B takes 1

Fin whale ...... 0 25 25 Blue whale ...... 0 6 6 Sperm whale ...... 0 278 278 Cuvier’s beaked whale ...... 0 251 251 Arnoux’s beaked whale ...... 0 251 251 Southern bottlenose whale ...... 0 169 169 Shepard’s beaked whale ...... 0 169 169 Hector’s beaked whale ...... 0 169 169 True’s beaked whale ...... 0 85 85 Gray’s beaked whale ...... 0 334 334 Andrew’s beaked whale ...... 0 169 169 Strap-toothed whale ...... 0 251 251 Blainville’s beaked whale ...... 0 85 85 Spade-toothed whale ...... 0 85 85 Bottlenose dolphin ...... 0 486 486 Short-beaked common dolphin ...... 0 918 918 Dusky dolphin ...... 0 518 518 Southern right-whale dolphin ...... 0 291 291 Risso’s dolphin ...... 0 195 195 False killer whale ...... 0 291 291 Killer whale ...... 0 184 184 Long-finned pilot whale ...... 0 789 789 Short-finned pilot whale ...... 0 368 368 Pygmy sperm whale ...... 1 166 167 Hourglass dolphin ...... 3 394 397 Hector’s dolphin ...... 0 1 1 Spectacled porpoise ...... 0 21 21 New Zealand fur seal ...... 0 2141 2141 New Zealand sea lion ...... 0 98 98 Southern elephant seal ...... 0 69 69 Leopard seal ...... 0 35 35 Note: NMFS does not authorize the estimated takes shown in the territorial sea. 1 Includes additional 25 percent contingency for potential additional survey operations and additional 25 percent contingency to account for un- certainties in density estimates.

NMFS does not anticipate that serious marine mammals would be likely to likely to exhibit behavioral reactions or injury or mortality will occur as a result move away from a sound source that avoidance responses while engaged in of L–DEO’s planned surveys, even in the represents an aversive stimulus, feeding activities (Richardson et al., absence of mitigation. As discussed in especially at levels that would be 1995). Prey species are mobile and are the Potential Effects section, non- expected to result in PTS, given broadly distributed throughout the auditory physical effects, stranding, and sufficient notice of the Langseth’s project area; therefore, marine mammals vessel strike are not expected to occur. approach due to the vessel’s relatively that may be temporarily displaced We authorize a limited number of low speed when conducting seismic during survey activities are expected to instances of Level A harassment of 21 surveys. We expect that the majority of be able to resume foraging once they marine mammal species (Tables 10, 11, takes would be in the form of short-term have moved away from areas with 12 and 13). However, we believe that Level B behavioral harassment in the disturbing levels of underwater noise. any PTS incurred in marine mammals form of temporary avoidance of the area Because of the temporary nature of the as a result of the planned activity would or decreased foraging (if such activity disturbance, the availability of similar be in the form of only a small degree of were occurring), reactions that are habitat and resources in the surrounding PTS, not severe hearing impairment, considered to be of low severity and area, and the lack of important or and would be unlikely to affect the with no lasting biological consequences unique marine mammal habitat, the fitness of any individuals, because of (e.g., Southall et al., 2007). impacts to marine mammals and the the constant movement of both the Potential impacts to marine mammal food sources that they utilize are not Langseth and of the marine mammals in habitat are discussed in the Federal expected to cause significant or long- the project area, as well as the fact that Register notice of the proposed IHA (82 term consequences for individual the vessel is not expected to remain in FR 45116; September 27, 2017) and are marine mammals or their populations. any one area in which individual summarized below. Marine mammal In addition, there are no mating or marine mammals would be expected to habitat may be impacted by elevated calving areas known to be biologically concentrate for an extended period of sound levels, but these impacts would important to marine mammals within time (i.e., since the duration of exposure be temporary. Feeding behavior is not the proposed project area. to loud sounds will be relatively short). likely to be significantly impacted, as Prey species are mobile and are Also, as described above, we expect that marine mammals appear to be less broadly distributed throughout the

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project area; therefore, marine mammals under the ESA. There is no designated mammal take from the planned activity that may be temporarily displaced critical habitat for any ESA-listed will have a negligible impact on all during survey activities are expected to marine mammals within the project affected marine mammal species or be able to resume foraging once they area; and of the non-listed marine stocks. have moved away from areas with mammals for which we authorize take, Small Numbers disturbing levels of underwater noise. none are considered ‘‘depleted’’ or Because of the temporary nature of the ‘‘strategic’’ by NMFS under the MMPA. As noted above, only small numbers disturbance, the availability of similar NMFS concludes that exposures to of incidental take may be authorized habitat and resources in the surrounding marine mammal species and stocks due under Section 101(a)(5)(D) of the MMPA area, and the lack of important or to L–DEO’s planned survey would result for specified activities other than unique marine mammal habitat, the in only short-term (temporary and short military readiness activities. The MMPA impacts to marine mammals and the in duration) effects to individuals does not define small numbers; so, in food sources that they utilize are not exposed. Animals may temporarily practice, where estimated numbers are expected to cause significant or long- avoid the immediate area, but are not available, NMFS compares the number term consequences for individual expected to permanently abandon the of individuals taken to the most marine mammals or their populations. area. Major shifts in habitat use, appropriate estimation of abundance of In addition, there are no mating or distribution, or foraging success are not the relevant species or stock in our calving areas known to be biologically expected. determination of whether an important to marine mammals within In summary and as described above, authorization is limited to small the planned project area. the following factors primarily support numbers of marine mammals. As described above, the take estimates our determination that the impacts Additionally, other qualitative factors shown in Tables 10, 11, 12 and 13 have resulting from this activity are not may be considered in the analysis, such been revised slightly since we published expected to adversely affect the marine as the temporal or spatial scale of the the notice of the proposed IHA in the mammal species or stocks through activities. Tables 10, 11, 12 and 13 Federal Register (82 FR 45116; effects on annual rates of recruitment or provide numbers of take by Level A September 27, 2017). We have fully survival: harassment and Level B harassment considered these revised take estimates • No serious injury or mortality is authorized. These are the numbers we in our negligible impact analysis. anticipated or authorized; use for purposes of the small numbers Additionally, the acoustic ‘‘footprint’’ of • The anticipated impacts of the analysis. the planned surveys is small relative to planned activity on marine mammals The numbers of marine mammals that the ranges of the marine mammals would primarily be temporary we authorize to be taken would be potentially be affected. Sound levels behavioral changes due to avoidance of considered small relative to the relevant would increase in the marine the area around the survey vessel; populations (less than 12 percent for all environment in a relatively small area • The number of instances of PTS species) for the species for which surrounding the vessel compared to the that may occur are expected to be very abundance estimates are available. No range of the marine mammals within the small in number (Tables 10, 11, 12 and known current worldwide or regional planned survey area. 13). Instances of PTS that are incurred population estimates are available for The mitigation measures are expected in marine mammals would be of a low ten species under NMFS’ jurisdiction to reduce the number and/or severity of level, due to constant movement of the that could be incidentally taken as a takes by allowing for detection of vessel and of the marine mammals in result of the planned surveys: the marine mammals in the vicinity of the the area, and the nature of the survey pygmy right whale; pygmy sperm vessel by visual and acoustic observers, design (not concentrated in areas of high whale; True’s beaked whale; short- and by minimizing the severity of any marine mammal concentration); finned pilot whale; false killer whale; potential exposures via power downs • The availability of alternate areas of bottlenose dolphin; short-beaked and/or shutdowns of the airgun array. similar habitat value for marine common dolphin; southern right whale Based on previous monitoring reports mammals to temporarily vacate the dolphin; Risso’s dolphin; and for substantially similar activities that survey area during the planned surveys spectacled porpoise. have been previously authorized by to avoid exposure to sounds from the NMFS has reviewed the geographic NMFS, we expect that the mitigation activity; distributions and habitat preferences of will be effective in preventing at least • The planned project area does not these species in determining whether some extent of potential PTS in marine contain known areas of significance for the numbers of takes authorized herein mammals that may otherwise occur in mating or calving; are likely to represent small numbers. the absence of the mitigation. • The potential adverse effects on fish Pygmy right whales have a circumglobal The ESA-listed marine mammal or invertebrate species that serve as prey distribution and occur throughout species under our jurisdiction that are species for marine mammals from the coastal and oceanic waters in the likely to be taken by the planned planned surveys would be temporary Southern Hemisphere (between 30 to surveys include the southern right, sei, and spatially limited; and 55° South) (Jefferson et al., 2008). fin, blue, and sperm whale (listed as • The mitigation measures, including Pygmy sperm whales occur in deep endangered) and the South Island visual and acoustic monitoring, power waters on the outer continental shelf Hector’s dolphin (listed as threatened). downs, and shutdowns, are expected to and slope in tropical to temperate We authorize a very limited amount of minimize potential impacts to marine waters of the Atlantic, Indian, and take for these species (Tables 10, 11, 12 mammals. Pacific Oceans. True’s beaked whales and 13), relative to their population Based on the analysis contained occur in the Southern hemisphere from sizes, therefore we do not expect herein of the likely effects of the the western Atlantic Ocean to the Indian population-level impacts to any of these specified activity on marine mammals Ocean to the waters of southern species. The other marine mammal and their habitat, and taking into Australia and possibly New Zealand species that may be taken by harassment consideration the implementation of the (Jefferson et al., 2008). False killer during the planned surveys are not monitoring and mitigation measures, whales generally occur in deep offshore listed as threatened or endangered NMFS finds that the total marine tropical to temperate waters (between

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50° North to 50° South) of the Atlantic, authorized take of these species likely propose to authorize take for Indian, and Pacific Oceans (Jefferson et represent small numbers relative to the endangered or threatened species. al., 2008). Southern right whale affected species’ overall population The NMFS Permits and Conservation dolphins have a circumpolar sizes, though we are unable to quantify Division is authorizing the incidental distribution and generally occur in deep the take numbers as a percentage of take of six species of marine mammals temperate to sub-Antarctic waters in the population. which are listed under the ESA (the Southern Hemisphere (between 30 to Based on the analysis contained southern right, sei, fin, blue, and sperm 65° South) (Jefferson et al., 2008). Short- herein of the planned activity (including whale and South Island Hector’s finned pilot whales are found in warm the mitigation and monitoring dolphin). Under section 7 of the ESA, temperate to tropical waters throughout measures) and the anticipated take of we initiated consultation with the the world, generally in deep offshore marine mammals, NMFS finds that NMFS OPR Interagency Cooperation areas (Olson and Reilly, 2002). small numbers of marine mammals will Division for the issuance of this IHA. In Bottlenose dolphins are distributed be taken relative to the population size October, 2017, the NMFS OPR worldwide through tropical and of the affected species. Interagency Cooperation Division issued temperate inshore, coastal, shelf, and Unmitigable Adverse Impact Analysis a Biological Opinion with an incidental oceanic waters (Leatherwood and and Determination take statement, which concluded that Reeves 1990, Wells and Scott 1999, the issuance of the IHA was not likely There are no relevant subsistence uses Reynolds et al. 2000). Spectacled to jeopardize the continued existence of of the affected marine mammal stocks or porpoises are believed to have a range the southern right, sei, fin, blue, and species implicated by this action. that is circumpolar in the sub-Antarctic sperm whale and South Island Hector’s Therefore, NMFS has determined that zone (with water temperatures of at least dolphin. The Biological Opinion also the total taking of affected species or 1–10 °C) (Goodall 2002). The Risso’s concluded that the issuance of the IHA stocks will not have an unmitigable dolphin is a widely-distributed species, would not destroy or adversely modify adverse impact on the availability of inhabiting primarily deep waters of the designated critical habitat for these such species or stocks for taking for continental slope and outer shelf species. subsistence purposes. (especially with steep bottom Authorization topography), from the tropics through Endangered Species Act the temperate regions in both NMFS has issued an IHA to the Section 7(a)(2) of the Endangered L–DEO for the potential harassment of hemispheres (Kruse et al. 1999). The Species Act of 1973 (ESA: 16 U.S.C. short-beaked common dolphin is an small numbers of 38 marine mammal 1531 et seq.) requires that each Federal species incidental to marine geophysical oceanic species that is widely agency insure that any action it distributed in tropical to cool temperate surveys in the southwest Pacific Ocean, authorizes, funds, or carries out is not provided the previously mentioned waters of the Atlantic and Pacific likely to jeopardize the continued Oceans (Perrin 2002), from nearshore mitigation, monitoring and reporting existence of any endangered or requirements are incorporated. waters to thousands of kilometers threatened species or result in the offshore. destruction or adverse modification of Dated: November 21, 2017. Based on the broad spatial designated critical habitat. To ensure Donna Wieting, distributions and habitat preferences of ESA compliance for the issuance of Director, Office of Protected Resources, these species relative to the areas where IHAs, NMFS consults internally, in this National Marine Fisheries Service. the planned surveys are planned to case with the ESA Interagency [FR Doc. 2017–25516 Filed 11–24–17; 8:45 am] occur, NMFS concludes that the Cooperation Division, whenever we BILLING CODE 3510–22–P

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Reader Aids Federal Register Vol. 82, No. 226 Monday, November 27, 2017

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING NOVEMBER

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. 9...... 52823 Presidential Documents 2 CFR 40...... 52823 Ch. IX...... 50491 Executive orders and proclamations 741–6000 50...... 52823 The United States Government Manual 741–6000 3 CFR 61...... 52823 71...... 52823 Other Services Proclamations: 73...... 52823 Electronic and on-line services (voice) 741–6020 9665...... 51535 9666...... 51537 110...... 52823 Privacy Act Compilation 741–6050 Ch. II ...... 50491 Public Laws Update Service (numbers, dates, etc.) 741–6043 9667...... 51539 9668...... 51541 Ch. III ...... 50491 9669...... 51543 Ch. X...... 50491 ELECTRONIC RESEARCH 9670...... 51547 Proposed Rules: 9671...... 51965 26...... 55954 9672...... 52641 30...... 51363 9673...... 52821 50...... 52862, 55954 Full text of the daily Federal Register, CFR and other publications 9674...... 55025 52...... 52862, 55954 is located at: www.fdsys.gov. 9675...... 55301 61...... 55790 Federal Register information and research tools, including Public 9676...... 55303 73...... 55954 Inspection List, indexes, and Code of Federal Regulations are 9677...... 55719 140...... 55954 located at: www.ofr.gov. 9678...... 55721 431...... 50844 Administrative Orders: E-mail 11 CFR Notices: FEDREGTOC (Daily Federal Register Table of Contents Electronic Notice of October 31, Proposed Rules: Mailing List) is an open e-mail service that provides subscribers 2017 ...... 50799 110...... 52863 with a digital form of the Federal Register Table of Contents. The Notice of November 6, 12 CFR digital form of the Federal Register Table of Contents includes 2017 ...... 51967 HTML and PDF links to the full text of each document. Notice of November 6, 3...... 55309 2017 ...... 51969 25...... 55734 To join or leave, go to https://public.govdelivery.com/accounts/ 34...... 51973 USGPOOFR/subscriber/new, enter your email address, then Notice of November 6, 2017 ...... 51971 195...... 55734 follow the instructions to join, leave, or manage your 204...... 51754 subscription. 4 CFR 209...... 52173 PENS (Public Law Electronic Notification Service) is an e-mail 81...... 51753 213...... 51975 service that notifies subscribers of recently enacted laws. 217...... 55309 5 CFR 226...... 51973, 51977 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 228...... 55734 and select Join or leave the list (or change settings); then follow 532...... 50801 265...... 55495, 55496 the instructions. Ch. XXIII ...... 50491 5601...... 50493 324...... 55309 FEDREGTOC and PENS are mailing lists only. We cannot 9801...... 51333 345...... 55734 respond to specific inquiries. Proposed Rules: 704...... 55497 Reference questions. Send questions and comments about the 890...... 51170 1013...... 51975 Federal Register system to: [email protected] 1026...... 51973, 51977 7 CFR 1040...... 55500 The Federal Register staff cannot interpret specific documents or 1041...... 54472 regulations. 1...... 51149 205...... 52643 1301...... 55744 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 301...... 50801 Proposed Rules: longer appears in the Federal Register. This information can be 402...... 55723 211...... 55791 found online at http://bookstore.gpo.gov/. 407...... 55723 238...... 55791 457...... 55723 13 CFR FEDERAL REGISTER PAGES AND DATE, NOVEMBER 905...... 53397, 55305 944...... 55035 107...... 52174 50491–50798...... 1 55027–55304...... 20 1703...... 55923 14 CFR 50799–51148...... 2 55305–55492...... 21 1734...... 55923 51149–51332...... 3 55493–55722...... 22 1735...... 55923 21 ...... 51549, 51550, 52826 51333–51548...... 6 55723–55922...... 24 4279...... 50802 25 ...... 50496, 50500, 50502, 51549–51752...... 7 55923–56150...... 27 Proposed Rules: 55500 33...... 53400 51735–51972...... 8 340...... 51582 39 ...... 51335, 51338, 51340, 51973–52172...... 9 3419...... 52250 51552, 51979, 52644, 52827, 52173–52642...... 13 8 CFR 52830, 52832, 52835, 52838, 52643–52822...... 14 214...... 55493 52840, 52844, 55027, 55032, 52823–53396...... 15 55037, 55040, 55752, 55755, 53397–54288...... 16 10 CFR 55757, 55939 54289–55026...... 17 2...... 52823 71 ...... 50502, 50503, 50504,

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50505, 50506, 50508, 50509, 876...... 52649 55322, 55510, 55945 147...... 55968 50510, 51342, 51756, 55042, 1271...... 54289, 54290 165 ...... 50578, 51347, 51767, 230...... 55542 55941, 55942, 55943 1308...... 51154, 55504 52005, 52007, 52210, 52212, 232...... 55542 73...... 51344 Proposed Rules: 53418, 53421 300...... 55542 95...... 51981 11...... 52036 334...... 53422 302...... 55542 97 ...... 55043, 55045, 55047, 73...... 52037 Proposed Rules: 401...... 55542 55049 101...... 52036 110...... 54307 1037...... 53442 Proposed Rules: 170...... 53433 117...... 52678 1068...... 53442 Ch. I ...... 51178 570...... 53433 165...... 52680, 55336 41 CFR 21...... 53432 573...... 50598 328...... 55542 25...... 50581 880...... 51585 334...... 53438, 53440 Ch. 109 ...... 50491 27...... 50583 1308...... 55333 42 CFR 29...... 50583 34 CFR 39 ...... 50847, 50849, 51170, 23 CFR 681...... 53373 405...... 52976 410...... 52976 51172, 51175, 51364, 51367, Proposed Rules: 51583, 51782, 52015, 52022, 36 CFR 413...... 50738 Ch. I ...... 51178 414 ...... 50738, 52356, 52976, 52676, 54302, 54304, 55057, Ch. I ...... 50532 490...... 51786 53568 55332, 55527, 55955,55958 Ch. II ...... 51178 Ch. II ...... 50580 61...... 55791 416...... 52356 Ch. III ...... 51178 Proposed Rules: 419...... 52356 71 ...... 50593, 50594, 50596, 13...... 52868 424...... 52976 55060, 55061, 55063, 55964, 25 CFR 425...... 52976 55965 37 CFR Ch. I ...... 50532 484...... 51676 121...... 55791 Ch. II ...... 50532 1...... 52780 Ch. II ...... 51178 Proposed Rules: Ch. III ...... 50532 41...... 52780 71...... 54314 Ch. III ...... 51178 Ch. V...... 50532 42...... 51570, 52780 73...... 54314 Ch. VI...... 50532 15 CFR 201...... 52213, 52221 84...... 54315 Ch. VII...... 50532 202...... 52224 740...... 50511, 51983 Proposed Rules: 360...... 55323 43 CFR 746...... 51983 514...... 52253, 55064 380...... 55946 Subtitle A ...... 50532 922...... 55502 386...... 55946 Subtitle B ...... 50532 Proposed Rules: 26 CFR Proposed Rules: Proposed Rules: 801...... 52863 1...... 52848 201...... 51369, 52258 8360...... 55340 922...... 55529 54...... 55507 202...... 51369, 52258 381...... 51589 45 CFR 16 CFR 29 CFR 1630...... 55053 314...... 52846 1904...... 55761 38 CFR 1631...... 55053 Proposed Rules: 1926...... 51986 4...... 50802 Proposed Rules: 305...... 52024 2560...... 55507 17...... 51770 147...... 51052 2590...... 55507 21...... 54295 153...... 51052 17 CFR 4022...... 52848 61...... 51158 154...... 51052 Proposed Rules: 62...... 51158 155...... 51052 229...... 50988 30 CFR Proposed Rules: 156...... 51052 230...... 50988 Ch. II ...... 50532 17...... 55547 157...... 51052 232...... 50988 Ch. IV...... 50532 158...... 51052 39 CFR 239...... 50988 Ch. V...... 50532 46 CFR 240...... 50988 Ch. VII...... 50532 111...... 55947 Proposed Rules: 249...... 50988 700...... 54924 Ch. II ...... 51178 270...... 50988 701...... 54924 40 CFR 274...... 50988 773...... 54924 Ch. I ...... 51160 47 CFR 275...... 50988 774...... 54924 52 ...... 50580, 50807, 50811, 0...... 55323 777...... 54924 18 CFR 50814, 51349, 51575, 52651, 1...... 55323 779...... 54924 52655, 52664, 52667, 54298, 2...... 50820 35...... 53403 780...... 54924 54299, 54300, 55052, 55053, 15...... 50820 Ch. I ...... 50517 783...... 54924 55510, 55511, 55951 18...... 50820 1301...... 51757, 52647 784...... 54924 61...... 52667 22...... 55766 Proposed Rules: 785...... 54924 62...... 51350, 52667 43...... 55323 40...... 55535 800...... 54924 70...... 52667 54...... 55767 816...... 54924 81...... 54232 19 CFR 63...... 55323 817...... 54924 97...... 50580 73 ...... 50820, 51178, 54301, 24...... 50523 824...... 54924 180 ...... 51351, 51355, 52669, 55771, 55772 111...... 50523 827...... 54924 53423 74 ...... 50820, 55771, 55772 122...... 55760 917...... 53411 372...... 52674 78...... 50820 943...... 54292 Proposed Rules: 80...... 50820 20 CFR Ch. XII...... 50532 52 ...... 50851, 50853, 51178, 87...... 50820 1011...... 52186 51594, 52259, 52682, 52683, 90...... 50820 31 CFR 54307, 54309, 55065, 55966 101...... 50820 21 CFR 515...... 51998 60 ...... 51787, 51788, 51794, Proposed Rules: 1...... 51345, 55503 543...... 52209 55339 1...... 50598 73...... 51554 1010...... 51758 62...... 51380 25...... 52864 117...... 51345 63...... 51380 51...... 55970 507...... 51345 33 CFR 110...... 55542 52...... 55970 573...... 52207 100 ...... 50575, 51765, 53414, 112...... 55542 54...... 51180 862...... 51558 55318, 55945 116...... 55542 866 ...... 50530, 51560, 51567, 117 ...... 50577, 51158, 51766, 117...... 55542 48 CFR 52647 52004, 52005, 52210, 55320, 122...... 55542 Ch. 1 ...... 51526

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1...... 51527, 51773 49 CFR 50 CFR 679 ...... 51168, 52011, 55053, 4...... 51527, 51773 40...... 52229 Ch. I ...... 50532 55055, 55953 9...... 51527, 51773 680...... 52011 Proposed Rules: 20...... 51538 Proposed Rules: 17...... 51527, 51773 Ch. I ...... 51178 32...... 51940, 52009 36...... 52009 Ch. I ...... 51382 22 ...... 51358, 51527, 51773 Ch. II ...... 51178 300...... 52849 17 ...... 50606, 52262, 55550 42...... 51526, 51773 Ch. III ...... 51178 52 ...... 51358, 51527, 51773 Ch. IV...... 50532 224...... 51186 Ch. V...... 51178 226...... 51186 Ch. 9 ...... 50491 622 ...... 50839, 51577, 51777, Ch. VI...... 51178 52248, 55952 300...... 52700 1009...... 53426 Ch. VII...... 51178 635...... 55512, 55520 622...... 55074 1052...... 53426 Ch. VIII...... 51178 648 ...... 51578, 51778, 52249, 648...... 51492, 51594 Proposed Rules: Ch. X...... 51178 52675, 52851, 53430, 55522 660...... 51381, 55551 Ch. 12 ...... 51178 Ch. XI...... 51178 660...... 51166, 55775 697...... 52871

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

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