Vol. 82 Monday, No. 111 June 12, 2017

Pages 26843–26978

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 82, No. 111

Monday, June 12, 2017

Agency for Toxic Substances and Disease Registry Drug Enforcement Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Exempt Chemical Preparations Under Controlled Submissions, and Approvals, 26928–26929 Substances Act, 26944–26951

Agricultural Marketing Service Energy Department PROPOSED RULES See Federal Energy Regulatory Commission Hazelnuts Grown in Oregon and Washington: Marketing Orders; Amendment, 26859–26864 Environmental Protection Agency RULES Agriculture Department Air Quality State Implementation Plans; Approvals and See Agricultural Marketing Service Promulgations: See Grain Inspection, Packers and Stockyards California; Coachella Valley; Attainment Plan for 1997 8- Administration Hour Ozone Standards, 26854–26857 See National Agricultural Statistics Service PROPOSED RULES NOTICES Air Quality State Implementation Plans; Approvals and Agency Information Collection Activities; Proposals, Promulgations: Submissions, and Approvals, 26903 California; Imperial County Air Pollution Control District; Stationary Sources Permits, 26883–26885 Broadcasting Board of Governors NOTICES Federal Aviation Administration Meetings; Sunshine Act, 26904–26905 RULES Airworthiness Directives: Centers for Disease Control and Prevention Airbus Helicopters, 26843–26846 PROPOSED RULES NOTICES Agency Information Collection Activities; Proposals, Airworthiness Directives: Submissions, and Approvals, 26930–26933 Airbus Airplanes, 26869–26872, 26874–26877 Charter Renewals: Bombardier, Inc., Airplanes, 26864–26867 World Trade Center Health Program Scientific/Technical Dassault Aviation Airplanes, 26867–26869 Advisory Committee, 26930 The Boeing Company Airplanes, 26872–26874 NOTICES Meetings: Petitions for Exemptions; Summaries, 26975 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 26929–26930, 26933–26934 Federal Communications Commission Healthcare Infection Control Practices Advisory RULES Committee, 26933 Commercial Operations in 3550–3650 MHz Band, 26857– 26858 Centers for Medicare & Medicaid Services PROPOSED RULES PROPOSED RULES Television Broadcasting Services: Patient Protection and Affordable Care Act: Augusta, GA, 26887–26888 Reducing Regulatory Burdens and Improving Health Care NOTICES Choices to Empower Patients, 26885–26887 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26924–26927 Civil Rights Commission NOTICES Federal Election Commission Meetings: NOTICES District of Columbia Advisory Committee, 26905 Meetings; Sunshine Act, 26928 Wisconsin Advisory Committee, 26905 Federal Energy Regulatory Commission Coast Guard NOTICES RULES Applications: Safety Zones: Lyndonville Electric Department, 26923–26924 Delaware River, Philadelphia, PA, 26846–26848 Authorizations for Continued Operations: Mill Creek, Hampton, VA, 26848–26850 Riverdale Power and Electric Co., Inc., 26924 Combined Filings, 26921–26922 Commerce Department Complaints: See International Trade Administration East Texas Electric Coop., Inc. v. Public Service Co. of See National Oceanic and Atmospheric Administration Oklahoma, Southwestern Electric Power Co., AEP Oklahoma Transmission Co., AEP Southwestern Copyright Office, Library of Congress Transmission Co., 26921 RULES Declaratory Orders; Petitions: Secure Tests, 26850–26854 Advanced Energy Economy, 26922–26923

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Initial Market-Based Rate Filings Including Requests for Internal Revenue Service Blanket Section 204 Authorizations: NOTICES Veritas Energy Group, LLC, 26923 Meetings: Taxpayer Advocacy Panel Notices and Correspondence Federal Highway Administration Project Committee, 26977 NOTICES Taxpayer Advocacy Panel Tax Forms and Publications Environmental Impact Statements; Availability, etc.: Project Committee, 26977–26978 St. Louis County, MO, 26975 International Trade Administration Federal Motor Carrier Safety Administration NOTICES PROPOSED RULES Antidumping or Countervailing Duty Investigations, Orders, Commercial Learner’s Permit Validity, 26888–26894 or Reviews: Military Licensing and State Commercial Driver’s License Circular Welded Non-Alloy Steel Pipe from Republic of Reciprocity, 26894–26902 Korea, 26910–26911 NOTICES Diamond Sawblades and Parts Thereof From the People’s Commercial Driver’s License Standards; Exemptions: Republic of China, 26912–26914 C.R. England, Inc., 26975–26977 Stainless Steel Bar From India, 26916–26917 Steel Concrete Reinforcing Bar From Republic of Turkey, Federal Reserve System 26907–26909 NOTICES Sugar from Mexico, 26906–26907, 26914–26916 Formations of, Acquisitions by, and Mergers of Bank Meetings: Holding Companies, 26928 Travel and Tourism Advisory Board, 26911–26912 North American Free Trade Agreement Binational Panel Food and Drug Administration Review, 26914 NOTICES Agency Information Collection Activities; Proposals, International Trade Commission Submissions, and Approvals: NOTICES Electronic Products, 26937–26939 Investigations; Determinations, Modifications, and Rulings, Utilization of Adequate Provision Among Low to Non– etc.: Internet Users, 26934–26936 Certain Lithium Metal Oxide Cathode Materials, Lithium- Meetings: Ion Batteries for Power Tool Products Containing Science Board to Food and Drug Administration Same, and Power Tool Products With Lithium-Ion Advisory Committee, 26939–26940 Batteries Containing Same, 26943–26944 Stainless Steel Wire Rod From India, 26943 Grain Inspection, Packers and Stockyards Administration RULES Justice Department Suspension of Supervision Fee Assessment Under United See Drug Enforcement Administration States Grain Standards Act, 26843 Labor Department Health and Human Services Department See Labor-Management Standards Office See Agency for Toxic Substances and Disease Registry See Mine Safety and Health Administration See Centers for Disease Control and Prevention See Occupational Safety and Health Administration See Centers for Medicare & Medicaid Services See Food and Drug Administration Labor-Management Standards Office See National Institutes of Health PROPOSED RULES See Substance Abuse and Mental Health Services Interpretation of Advice Exemption in Labor-Management Administration Reporting and Disclosure Act; Rescission, 26877–26883 PROPOSED RULES Patient Protection and Affordable Care Act: Library of Congress Reducing Regulatory Burdens and Improving Health Care See Copyright Office, Library of Congress Choices To Empower Patients, 26885–26887 NOTICES Mine Safety and Health Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Generic Clearance for Collection of Qualitative Feedback Submissions, and Approvals: on Agency Service Delivery, 26940–26941 Hazard Communication, 26955–26956 Performance Reports for MSHA Grants, 26951–26952 Homeland Security Department Sealing of Abandoned Areas, 26952–26953 See Coast Guard Petitions for Modification of Application of Existing Mandatory Safety Standards, 26953–26955 Institute of Museum and Library Services NOTICES National Agricultural Statistics Service Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Maker/STEM Education Support for 21st Century Submissions, and Approvals: Community Learning Centers Program Evaluation, Generic Clearance for Collection of Qualitative Feedback 26958–26959 on Agency Programs, 26903–26904

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National Archives and Records Administration Securities and Exchange Commission See Office of Government Information Services NOTICES Agency Information Collection Activities; Proposals, National Endowment for the Humanities Submissions, and Approvals, 26960–26962 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Meetings: Chicago Stock Exchange, Inc., 26966–26967 Humanities Panel, 26959–26960 MIAX PEARL, LLC, 26962–26963 New York Stock Exchange, LLC, 26964–26966 National Foundation on the Arts and the Humanities NYSE Arca, Inc., 26967–26975 See Institute of Museum and Library Services See National Endowment for the Humanities Substance Abuse and Mental Health Services National Institutes of Health Administration NOTICES Meetings: NOTICES Agency Information Collection Activities; Proposals, Center for Scientific Review, 26941 Submissions, and Approvals, 26941–26943 National Oceanic and Atmospheric Administration PROPOSED RULES Transportation Department Fisheries off West Coast States: See Federal Aviation Administration Highly Migratory Fisheries; California Drift Gillnet See Federal Highway Administration Fishery; Protected Species Hard Caps for California/ See Federal Motor Carrier Safety Administration Oregon Large-Mesh Drift Gillnet Fishery: Withdrawal, 26902 Treasury Department NOTICES See Internal Revenue Service Agency Information Collection Activities; Proposals, See United States Mint Submissions, and Approvals, 26919 Agency Information Collection Activities; Proposals, U.S.–China Economic and Security Review Commission Submissions, and Approvals: Emergency Beacon Registrations, 26919–26920 NOTICES Exempted Fishing Permit Applications, 26918–26919 Hearings, 26978 Meetings: Fisheries of Gulf of Mexico and Atlantic; Southeast Data, United States Mint Assessment, and Review, 26917–26918 NOTICES Pacific Fishery Management Council, 26920–26921 Product Pricing: 2017 American Liberty 225th Anniversary Silver Medal, Occupational Safety and Health Administration 26978 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26957–26958 Reader Aids Agency Information Collection Activities; Proposals, Consult the Reader Aids section at the end of this issue for Submissions, and Approvals: phone numbers, online resources, finding aids, and notice Fire Protection in Shipyard Employment Standard, of recently enacted public laws. 26956–26957 To subscribe to the Federal Register Table of Contents Office of Government Information Services 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 Freedom of Information Act Advisory Committee, 26958 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 800...... 26843 Proposed Rules: 982...... 26859 14 CFR 39...... 26843 Proposed Rules: 39 (5 documents) ...... 26864, 26867, 26869, 26872, 26874 29 CFR Proposed Rules: 405...... 26877 406...... 26877 33 CFR 165 (2 documents) ...... 26846, 26848 37 CFR 201...... 26850 202...... 26850 40 CFR 52...... 26854 Proposed Rules: 52...... 26883 42 CFR Proposed Rules: Ch. IV...... 26885 45 CFR Proposed Rules: Subtitle A ...... 26885 47 CFR 96...... 26857 Proposed Rules: 73...... 26887 49 CFR Proposed Rules: 383 (2 documents) ...... 26888, 26894 384...... 26894 50 CFR Proposed Rules: 660...... 26902

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Rules and Regulations Federal Register Vol. 82, No. 111

Monday, June 12, 2017

This section of the FEDERAL REGISTER determine if the balance had attained DEPARTMENT OF TRANSPORTATION contains regulatory documents having general the level required by the Agriculture applicability and legal effect, most of which Reauthorizations Act of 2015. GIPSA Federal Aviation Administration are keyed to and codified in the Code of found that its fiscal year 2016 operating Federal Regulations, which is published under 14 CFR Part 39 50 titles pursuant to 44 U.S.C. 1510. reserve for the supervision of official inspection and weighing was [Docket No. FAA–2017–0573; Directorate The Code of Federal Regulations is sold by approximately $8.7 million, and Identifier 2017–SW–001–AD; Amendment the Superintendent of Documents. continues to exceed the 6 month 39–18919; AD 2017–12–04] requirement by a significant margin. RIN 2120–AA64 DEPARTMENT OF AGRICULTURE Therefore, GIPSA is announcing that it is suspending for an additional year Airworthiness Directives; Airbus Grain Inspection, Packers and the fee for supervision of official Helicopters Stockyards Administration inspection and weighing services of domestic grain and land carriers to AGENCY: Federal Aviation 7 CFR Part 800 Canada and Mexico performed by Administration (FAA), Department of delegated States and/or designated Transportation (DOT). Suspension of Supervision Fee ACTION: Final rule; request for Assessment Under the United States agencies. According to the regulations comments. Grain Standards Act under the USGSA, GIPSA may suspend any provision of the regulations in SUMMARY: AGENCY: Grain Inspection Packers and emergencies or other circumstances that We are superseding airworthiness directive (AD) 2016–20– Stockyards Administration, USDA. would not impair the objectives of the 04 for Airbus Helicopters Model ACTION: Notification of suspension of USGSA (7 CFR 800.2). GIPSA has supervision fee assessment. SA341G and SA342J helicopters. AD determined that suspending the 2016–20–04 prohibited autorotation supervision fees will not impair the SUMMARY: The Department of training flights until the landing gear Agriculture (USDA), Grain Inspection, objectives of the USGSA because the rear crosstube (crosstube) was Packers and Stockyards Administration current operating reserve far exceeds inspected. This new AD adds additional (GIPSA) is suspending the fees that it that needed to maintain the service part-numbered crosstubes to the charges for the supervision of official without additional funds. applicability and revises the hardness inspection and weighing services GIPSA will continue the suspension criteria for the inspection. This AD is performed by delegated States and/or of the assessment fee of $0.011 per prompted by a determination that an designated agencies under the United metric ton on domestic shipments additional part-numbered crosstube may States Grain Standards Act (USGSA). officially inspected and/or weighed, have the same unsafe condition. The DATES: This document is effective including land carrier shipments to actions of this AD are intended to detect beginning July 1, 2017, and remains in Canada and Mexico, performed by and prevent an unsafe condition on effect through June 30, 2018. delegated States and/or designated these helicopters. FOR FURTHER INFORMATION CONTACT: agencies on or after July 1, 2017 (7 CFR DATES: This AD becomes effective June Denise Ruggles, USDA–GIPSA–FGIS– 800.71 Schedule B). These fees will 27, 2017. ODA; Telephone: (816) 659–8406; remain suspended for 1 year, at which The Director of the Federal Register Email: [email protected]. time GIPSA will reassess the operating approved the incorporation by reference Person with disabilities who require reserve for supervision of official agency of a certain document listed in this AD alternative means for communication inspection and weighing. as of June 27, 2017. (Braille, large print, audio tape, etc.) We must receive comments on this should contact the USDA Target Center Randall D. Jones, AD by August 11, 2017. at (202) 720–2600 (voice and TDD). Acting Administrator, Grain Inspection, ADDRESSES: You may send comments by SUPPLEMENTARY INFORMATION: The Packers and Stockyards Administration. any of the following methods: Agriculture Reauthorizations Act of [FR Doc. 2017–12032 Filed 6–9–17; 8:45 am] • Federal eRulemaking Docket: Go to 2015, Public Law 114–54, amended the BILLING CODE 3410–KD–P http://www.regulations.gov. Follow the USGSA (7 U.S.C. 71–87k) to require online instructions for sending your GIPSA to adjust fees for the supervision comments electronically. of official grain inspection and weighing • Fax: 202–493–2251. in order to maintain an operating • Mail: Send comments to the U.S. reserve of not less than 3 and not more Department of Transportation, Docket than 6 months (7 U.S.C. 79(j)(4)). Operations, M–30, West Building On June 28, 2016, GIPSA published a Ground Floor, Room W12–140, 1200 notice in the Federal Register New Jersey Avenue SE., Washington, suspending the supervision fee DC 20590–0001. assessment, effective July 1, 2016, • Hand Delivery: Deliver to the through June 30, 2017 (81 FR 41790). At ‘‘Mail’’ address between 9 a.m. and 5 the end of fiscal year 2016, GIPSA again p.m., Monday through Friday, except reviewed its operating reserve to Federal holidays.

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Examining the AD Docket each substantive public contact with Helicopters discovered that crosstubes You may examine the AD docket on FAA personnel concerning this with P/N 341A415201.02 could be the Internet at http:// rulemaking during the comment period. affected by the same unsafe condition. www.regulations.gov by searching for We will consider all the comments we EASA AD 2016–0131–E adds this and locating Docket No. FAA–2017– receive and may conduct additional crosstube P/N to the applicability and 0573; or in person at the Docket rulemaking based on those comments. retains the requirements of AD 2016– Operations Office between 9 a.m. and 5 Discussion 0073–E. p.m., Monday through Friday, except Additionally, we determined there is On September 16, 2016, we issued AD Federal holidays. The AD docket no unsafe condition in most 2016–20–04 (81 FR 67904, October 3, contains this AD, the European Aviation autorotation training. An unsafe 2016), which prohibited autorotation Safety Agency (EASA) AD, any condition exists only if the helicopter training flights by amending the incorporated by reference service touches the ground or a run-on landing rotorcraft flight manual (RFM) and information, the economic evaluation, (also called a running landing, where installing a placard on the instrument any comments received, and other the helicopter slides to a stop on panel. AD 2016–20–04 also required, information. The street address for the landing) is completed. within 25 hours time-in-service (TIS), Docket Operations Office (telephone inspecting each crosstube with part- FAA’s Determination 800–647–5527) is in the ADDRESSES number (P/N) 341A415201.00 or P/N section. Comments will be available in These helicopters have been approved 341A415201.01 to determine whether the AD docket shortly after receipt. by the aviation authority of France and For service information identified in the metal is coated and removing all are approved for operation in the United this final rule, contact Airbus coating if it is present. Once there is no States. Pursuant to our bilateral Helicopters, 2701 N. Forum Drive, coating, AD 2016–20–04 required agreement with France, EASA, its Grand Prairie, TX 75052; telephone determining the hardness of the technical representative, has notified us (972) 641–0000 or (800) 232–0323; fax crosstube, replacing the crosstube if it of the unsafe condition described in the (972) 641–3775; or at http:// did not meet the specified hardness EASA AD. We are issuing this AD www.airbushelicopters.com/website/ criteria, and then removing the because we evaluated all information technical-expert. You may review the autorotation training flight prohibition. provided by EASA and determined the AD 2016–20–04 was prompted by referenced service information at the unsafe condition exists and is likely to Emergency AD No. 2016–0073–E, dated FAA, Office of the Regional Counsel, exist or develop on other helicopters of April 13, 2016 (AD 2016–0073–E), Southwest Region, 10101 Hillwood these same type designs. issued by EASA, which is the Technical Pkwy., Room 6N–321, Fort Worth, TX Agent for the Member States of the Related Service Information Under 1 76177. It is also available on the Internet European Union, to correct an unsafe CFR Part 51 at http://www.regulations.gov by condition for Airbus Helicopters Model searching for and locating Docket No. Airbus Helicopters has issued Alert SA341G and SA342J helicopters with a FAA–2017–0573. Service Bulletin (ASB) No. SA341/342– crosstube P/N 341A415201.00 or P/N 32.08, Revision 2, dated October 18, FOR FURTHER INFORMATION CONTACT: Matt 341A415201.01. EASA stated that two 2016 (ASB 32.08), which specifies Fuller, Senior Aviation Safety Engineer, reported failures of a crosstube had removing the crosstube, checking its Safety Management Group, Rotorcraft occurred during maintenance and hardness, and replacing the crosstube if Directorate, FAA, 10101 Hillwood towing operations, which resulted in the it fails the hardness test. ASB 32.08 also Pkwy., Fort Worth, TX 76177; telephone helicopters dropping or tipping over. specifies prohibiting autorotative (817) 222–5110; email matthew.fuller@ EASA further stated that excessive landing training by installing a placard faa.gov. hardness of the crosstube material, on the instrument panel. Finally, this SUPPLEMENTARY INFORMATION: combined with inter-granular corrosion revision of ASB 32.08 extends the initiation, may have affected the Comments Invited permissible hardness values range for structural integrity of the crosstube. the Vickers test method from ≤434 to This AD is a final rule that involves EASA advised that this condition could ≤454. requirements affecting flight safety, and lead to failure of the crosstube and This service information is reasonably we did not provide you with notice and dropping or tipping over of the available because the interested parties an opportunity to provide your helicopter. To address the unsafe have access to it through their normal comments prior to it becoming effective. condition, EASA AD 2016–0073–E course of business or by the means However, we invite you to participate in required identifying the affected identified in the ADDRESSES section. this rulemaking by submitting written crosstubes, implementing a temporary comments, data, or views. We also prohibition of autorotation training Other Related Service Information invite comments relating to the flights on affected helicopters by We also reviewed Aerospatiale (now economic, environmental, energy, or amending the RFM and installing a Airbus Helicopters) Flight Manuals SA federalism impacts that resulted from placard, inspecting the hardness of each 341G, Issue 2, dated December 1974, adopting this AD. The most helpful affected crosstube, and replacing any and SA 342J, Issue 1, dated April 27, comments reference a specific portion of crosstubes that do not meet the hardness 1976. These manuals provide various the AD, explain the reason for any criteria. procedures, limitations, and recommended change, and include performance and loading information. supporting data. To ensure the docket Actions Since AD 2016–20–04 Was does not contain duplicate comments, Issued AD Requirements commenters should send only one copy Since we issued AD 2016–20–04, This AD prohibits full touchdown of written comments, or if comments are EASA has issued Emergency AD No. autorotation training and run-on landing filed electronically, commenters should 2016–0131–E, dated July 5, 2016 (AD training before further flight by submit them only one time. We will file 2016–0131–E), which superseded AD amending the RFM and installing a in the docket all comments that we 2016–0073–E. EASA advises that after limitation placard on the instrument receive, as well as a report summarizing AD 2016–0073–E was issued, Airbus panel.

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This AD also requires, within 25 that good cause exists for making this PART 39—AIRWORTHINESS hours TIS, applying a solution to the amendment effective in less than 30 DIRECTIVES crosstube to determine whether the days. metal is coated and removing all coating ■ 1. The authority citation for part 39 Authority for This Rulemaking within a specific area. Once there is no continues to read as follows: coating, this AD requires inspecting the Title 49 of the United States Code Authority: 49 U.S.C. 106(g), 40113, 44701. hardness of the crosstube and replacing specifies the FAA’s authority to issue the crosstube if it does not meet the rules on aviation safety. Subtitle I, § 39.13 [Amended] hardness criteria. After replacing the section 106, describes the authority of ■ 2. The FAA amends § 39.13 by crosstube or determining the crosstube the FAA Administrator. ‘‘Subtitle VII: removing Airworthiness Directive (AD) meets the hardness criteria, the placard Aviation Programs,’’ describes in more 2016–20–04, Amendment 39–18670 (81 and RFM amendment prohibiting detail the scope of the Agency’s FR 67904, October 3, 2016), and adding autorotation landing training and run-on authority. the following new AD: landing training may be removed. We are issuing this rulemaking under 2017–12–04 Airbus Helicopters: the authority described in ‘‘Subtitle VII, Differences Between This AD and the Amendment 39–18919; Docket No. Part A, Subpart III, Section 44701: EASA AD FAA–2017–0573; Directorate Identifier General requirements.’’ Under that 2017–SW–001–AD. EASA requires the hardness section, Congress charges the FAA with (a) Applicability inspection to be completed within six promoting safe flight of civil aircraft in months, while we require the hardness air commerce by prescribing regulations This AD applies to Airbus Helicopters inspection to be completed within 25 Model SA 341G and Model SA 342J for practices, methods, and procedures helicopters with a landing gear rear crosstube hours TIS. The EASA AD prohibits all the Administrator finds necessary for (crosstube) part number 341A415201.00, autorotation training flights, while this safety in air commerce. This regulation 341A415201.01, or 341A415201.02, AD only prohibits full touchdown is within the scope of that authority certificated in any category. autorotation training and run-on landing because it addresses an unsafe condition (b) Unsafe Condition training. that is likely to exist or develop on products identified in this rulemaking This AD defines the unsafe condition as Costs of Compliance incorrect hardness of the crosstube, which action. We estimate that this AD affects 20 could result in failure of the crosstube and helicopters of U.S. Registry. Regulatory Findings subsequent dropping or tipping of the helicopter. We estimate that operators may incur We determined that this AD will not the following costs in order to comply have federalism implications under (c) Affected ADs with this AD. At an average labor rate Executive Order 13132. This AD will This AD supersedes AD 2016–20–04, of $85 per hour, amending the RFM and not have a substantial direct effect on Amendment 39–18670 (81 FR 67904, October installing a placard will require about the States, on the relationship between 3, 2016). 0.5 work-hour, for a cost of $43 per the national Government and the States, (d) Effective Date helicopter and $860 for the U.S. fleet. or on the distribution of power and This AD becomes effective June 27, 2017. Inspecting a crosstube will require about responsibilities among the various (e) Compliance 8 work-hours, and the required levels of government. materials cost is minimal, for a cost of For the reasons discussed, I certify You are responsible for performing each $680 per helicopter and $13,600 for the action required by this AD within the that this AD: U.S. fleet. specified compliance time unless it has If required, replacing a crosstube will 1. Is not a ‘‘significant regulatory already been accomplished prior to that time. action’’ under Executive Order 12866; require 8 work-hours, and required parts (f) Required Actions will cost $11,952, for a cost of $12,632 2. Is not a ‘‘significant rule’’ under (1) Before further flight: per helicopter. DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); (i) Amend the rotorcraft flight manual (RFM) by inserting a copy of this AD or by FAA’s Justification and Determination 3. Will not affect intrastate aviation in of the Effective Date making pen-and-ink changes in Section 1, Alaska to the extent that it justifies Limitations, by adding the following: Providing an opportunity for public making a regulatory distinction; and AUTOROTATION TRAINING FLIGHTS TO comments prior to adopting these AD 4. Will not have a significant A LANDING AND RUN-ON (RUNNING) requirements would delay economic impact, positive or negative, LANDING TRAINING ARE PROHIBITED. A implementing the safety actions needed on a substantial number of small entities landing occurs when the skids contact the to correct this known unsafe condition. under the criteria of the Regulatory ground or other surface and bear the weight Flexibility Act. of the helicopter regardless of the duration of Therefore, we find that the risk to the the landing and regardless of whether the flying public justifies waiving notice We prepared an economic evaluation engine is shut down. and comment prior to the adoption of of the estimated costs to comply with (ii) Install a placard on the instrument this rule because certain operations this AD and placed it in the AD docket. panel in full view of the pilots that states the must be prohibited before further flight following: AUTOROTATION TRAINING List of Subjects in 14 CFR Part 39 until the required corrective actions are FLIGHTS TO A LANDING AND RUN-ON accomplished. Those corrective actions Air transportation, Aircraft, Aviation (RUNNING) LANDING TRAINING ARE must then be accomplished within 25 safety, Incorporation by reference, PROHIBITED. hours TIS, a short time interval for these Safety. (2) Within 25 hours time-in-service: (i) Inspect the crosstube to determine model helicopters. Adoption of the Amendment whether the metal is coated. Make a copper Since an unsafe condition exists that sulfate solution by following the requires the immediate adoption of this Accordingly, under the authority Accomplishment Instructions, paragraph AD, we determined that notice and delegated to me by the Administrator, 3.B.2.b.1., of Airbus Helicopters Alert Service opportunity for public comment before the FAA amends 14 CFR part 39 as Bulletin (ASB) No. SA341/342–32.08, issuing this AD are impracticable and follows: Revision 2, dated October 18, 2016 (ASB

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32.08). Apply 2 to 3 drops of the solution to (k) Material Incorporated by Reference no vessel may enter in or transit this Area Z in Figure 1 of ASB 32.08 and wait 10 (1) The Director of the Federal Register regulated area without approval from to 15 seconds. If a dark mark appears as approved the incorporation by reference of the Captain of the Port or a designated shown in Area 2 of Figure 3 of ASB 32.08, the service information listed in this representative. there is no metal coating. If a light mark paragraph under 5 U.S.C. 552(a) and 1 CFR appears as shown in Area 4 of Figure 3 of DATES: This rule is effective from June part 51. 12, 2017, until June 13, 2017. ASB 32.08, remove all metal coating in Area (2) You must use this service information Z of Figure 1 of ASB 32.08. as applicable to do the actions required by ADDRESSES: To view documents (ii) Inspect the hardness of the crosstube by this AD, unless the AD specifies otherwise. mentioned in this preamble as being using the criteria in the table under (i) Airbus Helicopters Alert Service available in the docket, go to http:// Paragraph 3.B.2.c. of ASB 32.08. If the Bulletin No. SA341/342–32.08, Revision 2, www.regulations.gov, type USCG–2017– hardness is not within the value range in the dated October 18, 2016. 0399 in the ‘‘SEARCH’’ box and click table, before further flight, replace the (ii) Reserved. ‘‘SEARCH.’’ Click on Open Docket crosstube. If the hardness is within the value (3) For Airbus Helicopters service Folder on the line associated with this range in the table, apply corrosion protectant information identified in this AD, contact rule. to Area Z in Figure 1 of ASB 32.08. Airbus Helicopters, 2701 N. Forum Drive, (iii) Remove the RFM limitation and the Grand Prairie, TX 75052; telephone (972) FOR FURTHER INFORMATION CONTACT: If instrument panel placard required by 641–0000 or (800) 232–0323; fax (972) 641– you have questions on this rule, call or paragraphs (f)(1)(i) and (f)(1)(ii) of this AD. 3775; or at http:// email MST2 Amanda Boone, U.S. Coast Guard, Sector Delaware Bay, Waterways (g) Credit for Actions Previously Completed www.airbushelicopters.com/website/ technical-expert. Management Division, Coast Guard; Compliance with AD 2016–20–04 (81 FR (4) You may view this service information telephone (215) 271–4814, email 67904, October 3, 2016) before the effective at FAA, Office of the Regional Counsel, [email protected]. date of this AD is considered acceptable for Southwest Region, 10101 Hillwood Pkwy., SUPPLEMENTARY INFORMATION: compliance with this AD. Room 6N–321, Fort Worth, TX 76177. For (h) Alternative Methods of Compliance information on the availability of this I. Table of Abbreviations (AMOCs) material at the FAA, call (817) 222–5110. (5) You may view this service information CFR Code of Federal Regulations (1) The Manager, Safety Management that is incorporated by reference at the DHS Department of Homeland Security Group, FAA, may approve AMOCs for this National Archives and Records FR Federal Register AD. Send your proposal to: Matt Fuller, Administration (NARA). For information on § Section U.S.C. United States Code Senior Aviation Safety Engineer, Safety the availability of this material at NARA, call COTP Captain of the Port Management Group, Rotorcraft Directorate, (202) 741–6030, or go to: http:// FAA, 10101 Hillwood Pkwy., Fort Worth, TX www.archives.gov/federal-register/cfr/ibr- II. Background Information and 76177; telephone (817) 222–5110; email locations.html. [email protected]. Regulatory History (2) For operations conducted under a 14 Issued in Fort Worth, Texas, on May 26, The Coast Guard is issuing this CFR part 119 operating certificate or under 2017. temporary final rule without prior 14 CFR part 91, subpart K, we suggest that Scott A. Horn, notice and opportunity to comment you notify your principal inspector, or Acting Manager, Rotorcraft Directorate, pursuant to authority under section 4(a) lacking a principal inspector, the manager of Aircraft Certification Service. of the Administrative Procedure Act the local flight standards district office or [FR Doc. 2017–11986 Filed 6–9–17; 8:45 am] certificate holding district office, before (APA) (5 U.S.C. 553(b)). This provision operating any aircraft complying with this BILLING CODE 4910–13–P authorizes an agency to issue a rule AD through an AMOC. without prior notice and opportunity to comment when the agency for good (i) Additional Information DEPARTMENT OF HOMELAND cause finds that those procedures are (1) Aerospatiale (now Airbus Helicopters) SECURITY impracticable, unnecessary, or contrary Flight Manuals SA 341G, Issue 2, dated to the public interest. Under 5 U.S.C. December 1974, and SA 342J, Issue 1, dated Coast Guard 553(b)(B), the Coast Guard finds that April 27, 1976, which are not incorporated good cause exists for not publishing a by reference, contain additional information 33 CFR Part 165 about the subject of this AD. For service notice of proposed rulemaking with information identified in this AD, contact [Docket No. USCG–2017–0399] respect to this rule because doing so Airbus Helicopters, 2701 N. Forum Drive, would be impracticable and contrary to Grand Prairie, TX 75052; telephone (972) RIN 1625–AA00 the public interest. The final details for 641–0000 or (800) 232–0323; fax (972) 641– the safety zone were not known until 3775; or at http:// Safety Zone; Delaware River, May 3, 2017, preventing the Coast www.airbushelicopters.com/techpub. You Philadelphia, PA Guard from publishing a notice of may review the referenced service AGENCY: proposed rulemaking in the Federal information at the FAA, Office of the Coast Guard, DHS. Regional Counsel, Southwest Region, 10101 ACTION: Temporary final rule. Register with opportunity for public Hillwood Pkwy., Room 6N–321, Fort Worth, comment. Delaying this action to allow TX 76177. SUMMARY: The Coast Guard is an opportunity for public comment (2) The subject of this AD is addressed in establishing a temporary safety zone for would be contrary to the rule’s objective European Aviation Safety Agency (EASA) AD multiple fireworks events located at of enhancing safety of life on the No. 2016–0131–E, dated July 5, 2016. You Penns Landing in Philadelphia, navigable waters and protection of may view the EASA AD on the Internet at Pennsylvania for the waters of the persons and vessels near the event. http://www.regulations.gov by searching for Delaware River, Philadelphia, PA. Under 5 U.S.C. 553(d)(3), the Coast and locating it in Docket No. FAA–2017– Enforcement of this safety zone is Guard finds that good cause exists for 0573. necessary and intended to enhance making this temporary rule effective less (j) Subject safety of life on the navigable waters than 30 days after publication in the Joint Aircraft Service Component (JASC) immediately prior to, during, and Federal Register because doing so Code: 3213 Main Landing Gear Strut/Axel/ immediately after these fireworks would be impracticable and contrary to Truck. events. During the enforcement periods, the public interest. Delaying the

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effective date would be contrary to the Regulatory Costs’’), directs agencies to concerning its provisions or options for rule’s objectives of ensuring safety of reduce regulation and control regulatory compliance, please contact the person life on the navigable waters and costs and provides that ‘‘for every one listed in the FOR FURTHER INFORMATION protection near the event. new regulation issued, at least two prior CONTACT section. regulations be identified for elimination, Small businesses may send comments III. Legal Authority and Need for Rule and that the cost of planned regulations on the actions of federal employees who The Coast Guard is issuing this rule be prudently managed and controlled enforce, or otherwise determine under authority in 33 U.S.C. 1231. The through a budgeting process.’’ compliance with, federal regulations to Captain of the Port Delaware Bay has This rule has not been designated a the Small Business and Agriculture determined that this temporary safety ‘‘significant regulatory action,’’ under Regulatory Enforcement Ombudsman zone is necessary to provide safety Executive Order 12866. Accordingly, it and the Regional Small Business during the fireworks events, and to has not been reviewed by the Office of Regulatory Fairness Boards. The ensure protection of the public. Management and Budget. Ombudsman evaluates these actions As this rule is not a significant IV. Discussion of the Rule annually and rates each agency’s regulatory action, this rule is exempt responsiveness to small business. If you On June 12, 2017, and June 13, 2017 from the requirements of Executive wish to comment on actions by fireworks display events will take place Order 13771. See OMB’s Memorandum employees of the Coast Guard, call 1– at Penn’s Landing, in Philadelphia, PA. titled ‘‘Interim Guidance Implementing 888–REG–FAIR (1–888–734–3247). The The Coast Guard is establishing a Section 2 of the Executive Order of Coast Guard will not retaliate against temporary safety zone in a portion of the January 30, 2017 titled ‘Reducing small entities that question or complain Delaware River, Philadelphia, PA to Regulation and Controlling Regulatory about this rule or any policy or action ensure the safety of persons, vessels and Costs’ ’’ (February 2, 2017). of the Coast Guard. the public during the event. The safety This regulatory action determination zone includes all waters of Delaware is based on the size, location, and C. Collection of Information River, adjacent to Penns Landing, duration of the safety zone. Vessel This rule calls for no new collection Philadelphia, PA, bounded from traffic will be unable to transit the safety of information under the Paperwork shoreline to shoreline, bounded on the zone for the duration of the fireworks Reduction Act of 1995 (44 U.S.C. 3501– south by a line running east to west event however; this safety zone will 3520). from points along the shoreline impact a small designated area of the D. Federalism and Indian Tribal commencing at latitude 39°56′31.2″ N., Delaware River, in Philadelphia, PA, for Governments longitude 075°08′28.1″ W.; thence less than 2 hours during the fireworks westward to latitude 39°56′29″.1 N., event. Moreover, the Coast Guard will A rule has implications for federalism longitude 075°07′56.5″ W., and bounded issue Broadcast Notice to Mariners via under Executive Order 13132, on the north by the Benjamin Franklin VHF–FM marine channel 16 regarding Federalism, if it has a substantial direct Bridge where it crosses the Delaware the safety zone; under the regulation effect on the States, on the relationship River. vessel operators may request permission between the national government and Access to this safety zone will be to enter the zone. the States, or on the distribution of restricted during the specified date and power and responsibilities among the B. Impact on Small Entities time period. Only vessels or persons various levels of government. We have specifically authorized by the Captain of The Regulatory Flexibility Act of analyzed this rule under that Order and the Port Delaware Bay or designated 1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent representative may enter or remain in requires federal agencies to consider the with the fundamental federalism the regulated area. These safety zones potential impact of regulations on small principles and preemption requirements will be enforced on June 12, 2017 and entities during rulemaking. The term described in Executive Order 13132. June 13, 2017 from 8:45 p.m. to 10:30 ‘‘small entities’’ comprises small Also, this rule does not have tribal p.m., each day. businesses, not-for-profit organizations implications under Executive Order that are independently owned and 13175, Consultation and Coordination V. Regulatory Analyses operated and are not dominant in their with Indian Tribal Governments, We developed this rule after fields, and governmental jurisdictions because it does not have a substantial considering numerous statutes and with populations of less than 50,000. direct effect on one or more Indian Executive orders related to rulemaking. The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the Below we summarize our analyses 605(b) that this rule will not have a Federal Government and Indian tribes, based on a number of these statutes and significant economic impact on a or on the distribution of power and Executive orders, and we discuss First substantial number of small entities. responsibilities between the Federal Amendment rights of protestors. While some owners or operators of Government and Indian tribes. If you vessels intending to transit the safety believe this rule has implications for A. Regulatory Planning and Review zone may be small entities, for the federalism or Indian tribes, please Executive Orders 12866 and 13563 reasons stated in section V.A above, this contact the person listed in the FOR direct agencies to assess the costs and rule will not have a significant FURTHER INFORMATION CONTACT section benefits of available regulatory economic impact on any vessel owner above. alternatives and, if regulation is or operator. necessary, to select regulatory Under section 213(a) of the Small E. Unfunded Mandates Reform Act approaches that maximize net benefits. Business Regulatory Enforcement The Unfunded Mandates Reform Act Executive Order 13563 emphasizes the Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires importance of quantifying both costs we want to assist small entities in federal agencies to assess the effects of and benefits, of reducing costs, of understanding this rule. If the rule their discretionary regulatory actions. In harmonizing rules, and of promoting would affect your small business, particular, the Act addresses actions flexibility. Executive Order 13771 organization, or governmental that may result in the expenditure by a (‘‘Reducing Regulation and Controlling jurisdiction and you have questions State, local, or tribal government, in the

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aggregate, or by the private sector of means a Coast Guard Patrol navigable waters within a 170-yard $100,000,000 (adjusted for inflation) or Commander, including a Coast Guard radius of the fireworks barge in Mill more in any one year. Though this rule petty officer, warrant or commissioned Creek, Hampton, VA. The safety zone is will not result in such an expenditure, officer operating on board a Coast Guard needed to protect persons, vessels, and we do discuss the effects of this rule vessel and or on board another Federal, the marine environment from potential elsewhere in this preamble. State, or local law enforcement vessel hazards associated with fireworks assisting the Captain of the Port, display. Entry of vessels or persons into F. Environment Delaware Bay in the enforcement of the this zone is prohibited unless We have analyzed this rule under safety zone. specifically authorized by the Captain of Department of Homeland Security (b) Location. The following area is a the Port Hampton Roads. Management Directive 023–01 and security zone: All waters of Delaware DATES: This rule is effective from 9 p.m. Commandant Instruction M16475.lD, River, adjacent to Penns Landing, through 10 p.m. on July 4, 2017. which guide the Coast Guard in Philadelphia, PA, bounded from ADDRESSES: To view documents complying with the National shoreline to shoreline, bounded on the mentioned in this preamble as being Environmental Policy Act of 1969 (42 south by a line running east to west available in the docket, go to http:// U.S.C. 4321–4370f), and have from points along the shoreline www.regulations.gov, type USCG–2017– determined that it is one of a category commencing at latitude 39°56′31.2″ N., ° ′ ″ 0075 in the ‘‘SEARCH’’ box and click of actions that do not individually or longitude 075 08 28.1 W.; thence ‘‘SEARCH.’’ Click on Open Docket cumulatively have a significant effect on westward to latitude 39°56′29″.1 N., ° ′ ″ Folder on the line associated with this the human environment. This rule longitude 075 07 56.5 W., and bounded rule. on the north by the Benjamin Franklin adjusts rates in accordance with FOR FURTHER INFORMATION CONTACT: If Bridge where it crosses the Delaware applicable statutory and regulatory you have questions on this rule, call or River. mandates. It is categorically excluded email LCDR Barbara Wilk, Waterways (c) Regulations. (1) The general safety under section 2.B.2, figure 2–1, Management Division Chief, Sector zone regulations found in § 165.23 paragraph 34(g) of the Instruction, Hampton Roads, U.S. Coast Guard; apply to the safety zone created by this which pertains to minor regulatory telephone 757–668–5580, email changes that are editorial or procedural temporary section. (2) Under the general safety zone [email protected]. in nature. A Record of Environmental SUPPLEMENTARY INFORMATION: Consideration (REC) supporting this regulations in § 165.23, persons may not determination is available in the docket enter the safety zone described in I. Table of Abbreviations where indicated in the ADDRESSES paragraph (b) of this section unless authorized by the COTP or the COTP’s CFR Code of Federal Regulations section of this preamble. DHS Department of Homeland Security designated representative. FR Federal Register G. Protest Activities (3) To request permission to enter the NPRM Notice of proposed rulemaking The Coast Guard respects the First safety zone, contact the COTP or the § Section Amendment rights of protesters. COTP’s representative on VHF–FM U.S.C. United States Code Protesters are asked to contact the channel 16. All persons and vessels in the safety zone must comply with all II. Background Information and person listed in the FOR FURTHER Regulatory History INFORMATION CONTACT section to lawful orders or directions given to coordinate protest activities so that your them by the COTP or the COTP’s The Coast Guard is issuing this message can be received without designated representative. temporary rule without prior notice and (d) Enforcement period. This section opportunity to comment pursuant to jeopardizing the safety or security of will be enforced on June 12, 2017, and authority under section 4(a) of the people, places or vessels. June 13, 2017 from 8:45 p.m. to 10:30 Administrative Procedure Act (APA) (5 List of Subjects in 33 CFR Part 165 p.m., each day. U.S.C. 553(b)). This provision Harbors, Marine safety, Navigation Dated: June 6, 2017. authorizes an agency to issue a rule (water), Reporting and recordkeeping Benjamin A. Cooper, without prior notice and opportunity to requirements, Security measures, Captain, U.S. Coast Guard, Captain of the comment when the agency for good Waterways. Port, Delaware Bay. cause finds that those procedures are impracticable, unnecessary, or contrary For the reasons discussed in the [FR Doc. 2017–12093 Filed 6–9–17; 8:45 am] to the public interest. Under 5 U.S.C. preamble, the Coast Guard amends 33 BILLING CODE 9110–04–P 553(b)(B), the Coast Guard finds that CFR part 165 as follows: good cause exists for not publishing a PART 165—REGULATED NAVIGATION DEPARTMENT OF HOMELAND notice of proposed rulemaking (NPRM) AREAS AND LIMITED ACCESS AREAS SECURITY with respect to this rule because it would be impracticable and contrary to ■ 1. The authority citation for part 165 Coast Guard the public interest to do so as this safety continues to read as follows: zone must be established by July 4, Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR Part 165 2017, to protect the public from 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; [Docket Number USCG–2017–0075] potential safety hazards associated with Department of Homeland Security Delegation the fireworks display. No. 0170.1. RIN 1625–AA00 We are issuing this rule, and under 5 ■ U.S.C. 553(d)(3), the Coast Guard finds 2. Add § 165.T05–0399 to read as Safety Zone; Mill Creek, Hampton, VA follows: that good cause exists for making it AGENCY: Coast Guard, DHS. effective less than 30 days after § 165.T05–0399 Safety Zone; Delaware ACTION: Temporary final rule. publication in the Federal Register. River; Philadelphia, PA. Delaying the effective date of this rule (a) Definitions. As used in this SUMMARY: The Coast Guard is would be contrary to public interest section, designated representative establishing a temporary safety zone for because a safety zone is needed to

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protect the public from the potential Vessel traffic will be able to safely C. Collection of Information safety hazards associated with the transit around this safety zone which This rule will not call for a new fireworks display. This event is planned will impact a small designated area of collection of information under the by the local community and Mill Creek in Hampton, VA for one Paperwork Reduction Act of 1995 (44 accordingly, the public has received hour. Further, Mill Creek does not serve U.S.C. 3501–3520). advanced notification of this upcoming as a throughway for any waterborne event through media outlets and has transit. The Coast Guard will issue D. Federalism and Indian Tribal had time to prepare. Broadcast Notice to Mariners via VHF– Governments FM marine channel 16 regarding the III. Legal Authority and Need for Rule A rule has implications for federalism safety zone, the rule allows vessels to under Executive Order 13132, The Coast Guard is issuing this rule request permission from the COTP to Federalism, if it has a substantial direct under authority in 33 U.S.C. 1231. The enter the safety zone if deemed safe to effect on the States, on the relationship Captain of the Port (COTP) Hampton do so. between the national government and Roads has determined that potential the States, or on the distribution of B. Impact on Small Entities hazards associated with fireworks power and responsibilities among the displays starting July 4, 2017 will be a The Regulatory Flexibility Act of various levels of government. We have safety concern for anyone within a 170- 1980, 5 U.S.C. 601–612, as amended, analyzed this rule under that Order and yard radius of fireworks display barge. requires Federal agencies to consider have determined that it is consistent This rule is needed to protect persons, the potential impact of regulations on with the fundamental federalism vessels, and the marine environment on small entities during rulemaking. The principles and preemption requirements the navigable waters within the safety term ‘‘small entities’’ comprises small described in Executive Order 13132. zone during the fireworks display. businesses, not-for-profit organizations Also, this rule does not have tribal implications under Executive Order IV. Discussion of the Rule that are independently owned and operated and are not dominant in their 13175, Consultation and Coordination This rule establishes a safety zone with Indian Tribal Governments, from 9 p.m. through 10 p.m. on July 4, fields, and governmental jurisdictions with populations of less than 50,000. because it does not have a substantial 2017. The safety zone will cover all direct effect on one or more Indian navigable waters within 170 yards of The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a tribes, on the relationship between the fireworks display barge in approximate Federal Government and Indian tribes, position latitude 37°00′36″ N., longitude significant economic impact on a substantial number of small entities. or on the distribution of power and 076°18′26″ W. (NAD 1983). The responsibilities between the Federal duration of the zone is intended to While some owners or operators of Government and Indian tribes. If you protect persons, vessels, and the marine vessels intending to transit the safety believe this rule has implications for environment on these navigable waters zone may be small entities, for the federalism or Indian tribes, please during the fireworks display. No vessel reasons stated in section V.A above, this contact the person listed in the FOR or person will be permitted to enter the rule will not have a significant FURTHER INFORMATION CONTACT section safety zone without obtaining economic impact on any vessel owner above. permission from the COTP or a or operator. E. Unfunded Mandates Reform Act designated representative. Under section 213(a) of the Small The Unfunded Mandates Reform Act V. Regulatory Analyses Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires We developed this rule after we want to assist small entities in Federal agencies to assess the effects of considering numerous statutes and understanding this rule. If the rule their discretionary regulatory actions. In Executive orders related to rulemaking. would affect your small business, particular, the Act addresses actions Below we summarize our analyses organization, or governmental that may result in the expenditure by a based on a number of these statutes and jurisdiction and you have questions State, local, or tribal government, in the Executive orders, and we discuss First concerning its provisions or options for aggregate, or by the private sector of Amendment rights of protestors. compliance, please contact the person $100,000,000 (adjusted for inflation) or more in any one year. Though this rule A. Regulatory Planning and Review listed in the FOR FURTHER INFORMATION will not result in such an expenditure, CONTACT section. Executive Orders 12866 and 13563 we do discuss the effects of this rule direct agencies to assess the costs and Small businesses may send comments elsewhere in this preamble. benefits of available regulatory on the actions of Federal employees alternatives and, if regulation is who enforce, or otherwise determine F. Environment necessary, to select regulatory compliance with, Federal regulations to We have analyzed this rule under approaches that maximize net benefits. the Small Business and Agriculture Department of Homeland Security Executive Order 13563 emphasizes the Regulatory Enforcement Ombudsman Management Directive 023–01 and importance of quantifying both costs and the Regional Small Business Commandant Instruction M16475.lD, and benefits, of reducing costs, of Regulatory Fairness Boards. The which guide the Coast Guard in harmonizing rules, and of promoting Ombudsman evaluates these actions complying with the National flexibility. This rule has not been annually and rates each agency’s Environmental Policy Act of 1969 (42 designated a ‘‘significant regulatory responsiveness to small business. If you U.S.C. 4321–4370f), and have action,’’ under Executive Order 12866. wish to comment on actions by determined that this action is one of a Accordingly, it has not been reviewed employees of the Coast Guard, call 1– category of actions that do not by the Office of Management and 888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a Budget. Coast Guard will not retaliate against significant effect on the human This regulatory action determination small entities that question or complain environment. This rule involves a safety is based on the size, location, duration, about this rule or any policy or action zone lasting approximately one hour and time-of-year of the safety zone. of the Coast Guard. duration that will prohibit entry within

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170 yard radius of fireworks display or his designated representatives. All copy of the actual test. In addition, the barge. It is categorically excluded from vessels underway within this safety applicant must bring a copy of the further review under paragraph 34(g) of zone at the time it’s implemented are to redacted version of the test, and a Figure 2–1 of the Commandant depart the zone immediately. The signed declaration confirming that this Instruction. A preliminary Record of Captain of the Port, Hampton Roads or copy is identical to the redacted copy Environmental Consideration (REC) representative can be contacted at that was uploaded to the electronic supporting this determination is telephone number (757) 668–5555. The registration system. If the Office available in the docket where indicated Coast Guard and designated security confirms that the work qualifies as a under ADDRESSES. We seek any vessels enforcing the safety zone can be secure test, it will examine the test as a comments or information that may lead contacted on VHF–FM marine band whole to determine if it contains to the discovery of a significant radio channel 13 (165.65 MHz) and sufficient copyrightable authorship. If environmental impact from this rule. channel 16 (156.8 MHz). the Office registers the secure test, the (3) This section applies to all persons registration will be effective as of the G. Protest Activities or vessels that intent to transit through date that the Office received the The Coast Guard respects the First the safety zone except participants and application, filing fee, and the redacted Amendment rights of protesters. vessels that are engaged in the following copy of the entire test in proper form Protesters are asked to contact the operations: through the electronic registration person listed in the FOR FURTHER (i) Enforcing laws; system. The Office welcomes public INFORMATION CONTACT section to (ii) Servicing aids to navigation, and comment on the interim rule. coordinate protest activities so that your (iii) Emergency response vessels. DATES: Effective July 12, 2017. message can be received without (4) The U.S. Coast Guard may be Comments on the interim rule must be jeopardizing the safety or security of assisted in the patrol and enforcement made in writing and must be received people, places or vessels. of the safety zone by Federal, State, and by the U.S. Copyright Office no later List of Subjects in 33 CFR Part 165 local agencies. than December 11, 2017. (d) Enforcement period. This section ADDRESSES: For reasons of government Harbors, Marine safety, Navigation will be enforced from 9 p.m. through 10 efficiency, the Copyright Office is using (water), Reporting and recordkeeping p.m. on July 4, 2017. the regulations.gov system for the requirements, Security measures, submission and posting of public Waterways. Dated: June 6, 2017. Richard J. Wester, comments in this proceeding. All For the reasons discussed in the comments are therefore to be submitted preamble, the Coast Guard amends 33 Captain, U.S. Coast Guard, Captain of the Port, Hampton Road. electronically through regulations.gov. CFR part 165 as follows: Specific instructions for submitting [FR Doc. 2017–12083 Filed 6–9–17; 8:45 am] comments are available on the PART 165—REGULATED NAVIGATION BILLING CODE 9110–04–P Copyright Office Web site at http:// AREAS AND LIMITED ACCESS AREAS copyright.gov/rulemaking/securetests/. ■ 1. The authority citation for part 165 If electronic submission of comments is LIBRARY OF CONGRESS not feasible due to lack of access to a continues to read as follows: computer and/or the internet, please Copyright Office Authority: 33 U.S.C. 1231; 50 U.S.C. 191; contact the Office for special 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; instructions using the contact 37 CFR Parts 201 and 202 Department of Homeland Security Delegation information below. No. 0170.1. [Docket No. 2017–8] FOR FURTHER INFORMATION CONTACT: ■ 2. Add § 165.T05–0075 to read as Robert J. Kasunic, Associate Register of follows: Secure Tests Copyrights and Director of Registration § 165.T05–0075 Safety Zone, Mill Creek; AGENCY: U.S. Copyright Office, Library Policy and Practice, Erik Bertin, Deputy Hampton, VA. of Congress. Director of Registration Policy and Practice, or Abioye Mosheim, Attorney (a) Definitions. For the purposes of ACTION: Interim rule with request for Advisor, by telephone at 202–707–8040 this section, Captain of the Port means comments. the Commander, Sector Hampton Roads. or by email at [email protected],ebertin@ Representative means any Coast Guard SUMMARY: The U.S. Copyright Office is loc.gov and [email protected]. commissioned, warrant or petty officer issuing an interim rule that SUPPLEMENTARY INFORMATION: who has been authorized to act on the memorializes its special procedure for I. Background behalf of the Captain of the Port. examining secure tests. The interim rule Participants mean individuals and also includes a new workflow that will A. The Current Regulation vessels involved in explosives training. increase the efficiency of these Section 408(c)(1) of the Copyright Act (b) Locations. The following area is a examinations. Going forward, applicants authorizes the Register of Copyrights safety zone: All waters of Mill Creek, must submit an online application, (the ‘‘Register’’) to issue regulations within 170 yard radius of latitude upload a redacted copy of the entire test establishing administrative classes for 37°00′36″ N., longitude 076°18′26″ W. to the electronic registration system, and the purpose of registering works with (NAD 1983). complete and submit a brief the U.S. Copyright Office (the ‘‘Office’’). (c) Regulations. (1) All persons are questionnaire about the test. If the work It authorizes the Register to issue required to comply with the general appears to be eligible for the secure test regulations specifying the nature of the regulations governing safety zones in process, the Office will contact the copies or phonorecords required for § 165.23. applicant and schedule an appointment each class. And it states that the Register (2) With the exception of participants, to deliver the test to the Office in ‘‘may require or permit, for particular entry into or remaining in this safety person. On the appointed date, the classes, the deposit of identifying zone is prohibited unless authorized by applicant must bring a copy of the material instead of copies or the Captain of the Port, Hampton Roads application and a complete unredacted phonorecords.’’ 17 U.S.C. 408(c)(1).

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The Office’s current practice for worked well for both the Office and Finally, under the Office’s current examining a secure test provides special applicants alike. Recently, however, the practices the applicant may register a procedures to protect the confidential Office has identified several issues that secure test and a computer program nature of these works.1 A ‘‘secure test’’ warrant attention. used to administer that test by filing one is ‘‘a nonmarketed test administered First, the secure test procedure only application and one filing fee, if the under supervision at specified centers applies to tests that satisfy the definition works are owned by the same party and on specific dates, all copies of which are of a ‘‘secure test’’ as set forth in the if the applicant submits an appropriate accounted for and either destroyed or regulation. 37 CFR 202.20(b)(4). Under deposit for both the test and the returned to restricted locked storage the current process, test publishers do program. Id. 720.5. As discussed below, following each administration. For these not submit an actual copy of the test however, the Office does not examine purposes a test is not marketed if copies when they initially file an application the computer program under secure are not sold but it is distributed and and pay the filing fee. As a result, the conditions, because computer programs used in such a manner that ownership Office has no way of knowing whether are not secure tests. and control of copies remain with the a test is eligible for the secure test C. Issues With Current Practices test sponsor or publisher.’’ 37 CFR procedure until the applicant arrives at 202.20(b)(4). With respect to the deposit the Office. On several occasions, Although the Office’s secure test requirement, the regulations state that applicants have travelled to the Office— registration practices have worked ‘‘[i]n the case of any secure test the sometimes from a great distance and at reasonably well, they currently do not Copyright Office will return the deposit great expense—only to discover that produce an optimal record of the actual to the applicant promptly after their works do not qualify as secure tests submitted for registration. Under examination [, p]rovided, [t]hat tests. This is inconvenient for current practice, as mentioned above, sufficient portions, description[s], or the applicants, and it also deprives them of the applicant must bring a copy of the like are retained so as to constitute a an earlier effective date of registration.3 completed application to the Office, sufficient archival record of the If they decide to register their works along with a redacted and an deposit.’’ 37 CFR 202.20(c)(2)(vi). using the normal procedure for tests, unredacted copy of the actual test. rather than the special procedure for When the examiner completes his or her B. Current Examination Practices secure tests, applicants must submit a review of a secure test, he or she will Under the Office’s current practices, complete, unredacted copy of the work. stamp the date of the appointment on ‘‘special arrangements can be made for In this situation the effective date of the unredacted copy and return it to the the examination of such material under registration will be based on the date applicant. What remains in the Office is strict conditions of security and in the that the unredacted copy is received. a redacted copy of the test which, in presence of a representative of the See Compendium 720, 1509.1(G). most cases, only includes portions of copyright owner.’’ 42 FR 59302, 59304 Second, because secure test the first and last pages of the test. Even (Nov. 16, 1977). These practices are not, publishers do not submit a copy of their in the case of a test administered in however, mentioned in the Office’s works until they meet with the machine readable format or a test that regulations. Instead they are set forth in examiner, they prefer to schedule their contains questions taken from a sections 720.1 through 720.5 of the appointments as soon as possible, in database, the redacted copy deposited Compendium of Copyright Office order to establish the earliest possible with the Office includes another 50 pages from the test but no more. Thus, Practices, Third Edition (hereinafter effective date of registration. The Office under the current practice, the deposit ‘‘Compendium’’).2 Briefly stated, has traditionally accommodated these that is maintained by the Copyright applicants submit an application and requests. As a result, secure test Office provides, at best, imperfect the appropriate filing fee. Then they call publishers often effectively gain the evidence of the complete test examined the Office to schedule an appointment benefits of expedited service without and registered by the Office. This may with an examiner. On the appointed providing a justification for special adversely affect, for instance, the ability date they bring a copy of the completed handling and without paying the of a plaintiff to show that it registered application to the Office, along with a additional fee for this service. 37 CFR the test with the Copyright Office prior redacted and an unredacted copy of the 201.3(d)(7). Moreover, publishers do not to bringing an infringement suit. actual test. The examiner reviews these always know which test or how many The Office’s practices with respect to materials with the applicant present, tests they will bring to the appointment. tests administered using databases and/ and then returns the unredacted copy to Therefore, the Office may not have a or computer programs raise other the applicant when the examination is sufficient number of examiners on hand concerns. A database may contain a complete. The redacted copy is retained to conduct the examination. selection of questions that can be used by the Office. Third, the applicant must bring a to create many different tests. A This procedure has remained redacted and an unredacted copy of the computer program can be used to essentially unchanged for more than secure test for the examiner’s review. measure and record the answers given thirty years, and for the most part it has Compendium 720.2. While the in response to a particular set of test unredacted copy must contain a questions. But the actual database and 1 The Office developed this procedure in response complete copy of the entire test so that the actual program are not ‘‘tests’’ that to correspondence submitted by Educational the Office can examine it for Testing Service, which was supported by twenty- are administered to test takers ‘‘under two other examining boards and councils, including copyrightable authorship, under the supervision at specified centers on the National Board of Medical Examiners, the Office’s current practices, the redacted specific dates.’’ 37 CFR 202.20(b)(4). As Federation of State Medical Boards, and the copy will be accepted even if it contains such, they cannot be considered a National Conference of Bar Examiners. 42 FR a fraction of the test material, rather 59302, 59304 n.2 (Nov. 16, 1977). ‘‘secure test’’ within the meaning of the 2 The Office also published these practices in than the complete test. Id. 720.4. regulation, and using the secure test Copyright Registration for Secure Tests (Circular application process for such works is 64). This circular has been revised to reflect the 3 The effective date of registration is the date the new procedures discussed in this interim rule. Office has received an application, an applicable inconsistent with that regulation. In Similar changes will be made to the Compendium filing fee, and the applicable deposit. 17 U.S.C. addition, databases and secure tests in the near future. 410(d). have distinct deposit requirements. An

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applicant may register a database by to administer the test. To register a database or a test bank cannot be submitting a mere fraction of the database or a computer program, registered as a secure test if the database content that appears within that work. applicants must submit a separate or test bank is simply a medium for 37 CFR 202.20(c)(2)(vii)(D)(3) through application, pay a separate fee, and storing questions and does not represent (5). On the contrary, to register a secure submit the appropriate deposit for each an actual test. test, applicants must submit ‘‘one work. Under no circumstances will the Second, under the longstanding complete copy’’ of the work, which will Office examine a database or a computer regulatory definition, the test also must be returned to the applicant when the program under the special procedure for be administered under supervision at examination is complete. 37 CFR secure tests. specified centers on scheduled dates. 202.20(c)(2)(vi). Finally, allowing an When completing the application, See 37 CFR 202.20(b)(4).4 A ‘‘specified applicant to register a secure test applicants should state ‘‘secure test’’ as center’’ is a place where test takers are together with a computer program used part of the title of the work, so that the physically assembled at the same time. to administer the test, is inconsistent Office can assign the claim to an For example, a ‘‘test’’ administered via with the Office’s general policy of appropriate member of the Registration a Web site to people located in their requiring a separate application and Program. Upon request, the examiner individual homes or offices would not filing fee for each distinct copyrightable will remove this statement from the title be eligible for this procedure, both work. See 17 U.S.C. 408(a), 409 field before the claim is approved. because a home or office would not (authorizing the Office to register a Applicants may assert a claim in this qualify as a ‘‘specified center’’ and single ‘‘work’’); Compendium 511 type of work by stating ‘‘text,’’ or because the tests presumably would not (stating that ‘‘an applicant should ‘‘compilation of test questions’’ in the be administered ‘‘under supervision.’’ In prepare a separate application, filing application. To register a revised contrast, a test administered via fee, and deposit for each work that is version of a preexisting test, applicants computer to test takers gathered at the submitted for registration’’). may state ‘‘revised secure test.’’ same time at proctor-monitored The redacted copy of the test should locations would qualify, even if the test II. The Interim Rule contain an unredacted copy of the title is accessed through a secure Web site. The interim rule codifies the Office’s page for the test (if any), and a redacted In addition, the test must be longstanding practices for examining copy of each page of questions. The administered ‘‘under supervision,’’ e.g., secure tests, while addressing several of number that has been assigned to each with test proctors or the like. These the issues identified in the current question (if any), and the page number features are what, in the Office’s practices described above. that appears on each page of the test (if estimation, most readily distinguish an any) should be completely visible. Most A. Submitting the Claim ordinary test from a ‘‘secure’’ test that of the content that appears on each page requires special registration procedures, To register a secure test under the may be blocked out, provided that the including the acceptance of a redacted interim rule, applicants must complete applicant leaves a narrow vertical or copy of the deposit. These features were and submit an application through the diagonal strip of visible content. An common to all of the test publishers that electronic registration system using the example of an appropriate method for originally requested this procedure as a Standard Application, and they must preparing a redacted copy has been matter of public policy, and these pay the $55 filing fee for this provided in the new circular for secure features continue to be employed in the application. Paper applications will no tests. See Copyright Registration for administration of the secure tests that longer be accepted. Prior to making an Secure Tests (Circular 64). provided the foundation for this examination appointment, applicants Applicants must upload the procedure. 42 FR 59304 & n.2 (citing must complete and submit through the questionnaire and the redacted copy of ‘‘tests used in connection with electronic registration system a brief the test to the electronic registration admission to educational institutions, questionnaire about the test, which may system; each item must be uploaded as high school equivalency, placement in be obtained from the Office’s Web site a separate file. The file name for the or credit for undergraduate and graduate at https://copyright.gov/forms/ questionnaire should include the term course work, awarding of scholarships, securetest-questionnaire.pdf, and they ‘‘Questionnaire’’ and the case number and professional certification’’). must submit a redacted copy of the assigned to the claim. This eleven-digit If the test appears to be eligible for the entire test. These steps are designed to number is automatically generated by secure test procedure, the examiner will identify works that are not eligible for the electronic registration system and it contact the applicant and schedule an the secure test procedure before the appears near the top of each screen of appointment to examine the test. But applicant invests the time and the online application. The file name for the fact that the examiner schedules an expense—perhaps mistakenly—in the redacted copy should match the title appointment does not necessarily mean scheduling an appointment and provided in response to questions 1 and that the work is eligible for the secure travelling to the Office. 9 of the questionnaire. test procedure or that it will be Applicants must file a separate B. Scheduling the Appointment registered. If at the time of the application, pay a separate fee, and appointment, the examiner determines upload a separate questionnaire for each Once the application, filing fee, that the work does not meet the relevant secure test or when registering multiple questionnaire, and the redacted copy legal and formal requirements, he or she versions of the same secure test. The have been received, the Office will will refuse to register the work as a Office will not register multiple secure assign the claim to a Literary Division secure test.5 tests together as an unpublished examiner. The examiner will review collection, a unit of publication, or a these items to determine if the work 4 The interim rule replaces the phrase ‘‘specific group of updates or revisions to a appears to be eligible for the secure test dates’’ in the current regulation with the more database. In addition, for the reasons procedure, based on the following precise phrase ‘‘scheduled dates.’’ No substantive given above, a particular secure test criteria: change is intended. 5 If the work appears to be eligible for registration cannot be registered together with a First and foremost, the work must be under the normal examination procedures for a test, database that has been used to create the a ‘‘test.’’ Questions that are stored in— the examiner will ask the applicant to upload a test or a computer program that is used or randomly pulled from—an electronic complete, unredacted copy of the work, and he or

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C. Processing Time administered at specified centers on III. Request for Comments scheduled dates with computers or Secure test claims will be reviewed in The interim rule will go into effect 30 the order they are received, and will not other electronic devices, the applicant may bring one of the following items: days after the publication of this notice be given priority over other claims with in the Federal Register. Comments will (i) A printout containing a complete an earlier filing date. If an applicant be due 150 days thereafter. The Office would like to expedite the examination copy of the actual test; or decided to issue this rule without of a particular test or the scheduling of (ii) An electronic file that contains a publishing an initial notice of proposed an appointment, the applicant must complete copy of the actual test. The file rulemaking for two reasons. submit a request for special handling, must be stored on a CD–ROM, DVD, demonstrate that there is a compelling flash drive, or other storage device. The First, this is a ‘‘rule[ ] of agency reason for the request (such as litigation applicant must bring a laptop or other organization, procedure, or practice.’’ 5 or publication deadlines), and pay the electronic device that can be used to U.S.C. 553(b)(3)(A). It does not ‘‘alter additional fee for expedited service. But view the test materials. Providing access the rights or interests of parties.’’ JEM regardless of whether the applicant to an electronic copy available online or Broadcasting Co. v. FCC, 22 F.3d 320, requests special handling, the date that an electronic file stored solely on the 326 (D.C. Cir. 1994). It merely ‘‘alter[s] the Office received all the required applicant’s device (rather than a the manner in which the parties present elements in proper form through the separate storage device) is insufficient. themselves or their viewpoints to the electronic registration system will In addition, the applicant should bring agency.’’ Id. Thus, notice and comment retroactively become the effective date an appropriate container for the storage is not required under the Administrative of registration if the application is device, such as an envelope or jewel Procedure Act. approved after examination. case. Second, the rule codifies many of the D. What To Bring to the Appointment E. In-Person Examination of Secure Office’s existing procedures for On the day of the appointment, the Tests examining secure tests. These applicant must bring the following procedures have been in place for more The examiner will review the materials to the Office: than thirty years, so interested parties (i) A copy of the completed redacted and unredacted copies in a should be familiar with them already. secure location in the presence of the The rule does change the Office’s application. 7 (ii) The nonrefundable secure test applicant or his/her representative. current procedures in some respects, but examination fee. This fee will be based When the examination is complete, the there is good cause for making these on the amount of time that it takes to examiner will stamp the date of the changes effective on an interim basis: examine the test materials during the appointment on the redacted and Doing so will give both the Office and appointment, and it is in addition to the unredacted copies and will return them interested parties an opportunity to see filing fee mentioned above. Both the to the applicant. If the applicant brought how the new procedures work in filing fee and the examination fee are test booklet(s) or a printout of the test, practice, and to consider whether these nonrefundable, regardless of whether the specialist will stamp the first page procedures should be modified in any the Office issues a certificate of of the test materials. If the applicant respect before the Office issues a final registration for the test. brought an electronic file stored on a rule. See 5 U.S.C. 553(b)(3)(B). flash drive or other storage device, the (iii) A copy of the redacted version of * * * * * the test that was uploaded to the examiner will place the device in its electronic registration system. container, stamp the date of the List of Subjects appointment on a label, apply that label (iv) A signed declaration confirming 37 CFR Part 201 that this redacted copy is identical to to the container, and seal the container with tamper-proof tape. The signed the redacted copy that was uploaded to Copyright, General provisions. the electronic registration system. declaration and the redacted copy that Applicants may obtain a copy of this was uploaded to the electronic system 37 CFR Part 202 will be retained by the Office. declaration from the Office’s Web site at Copyright, Preregistration and If the examiner determines that the https://copyright.gov/forms/securetest- Registration of Claims to Copyright. declaration.pdf. relevant legal and formal requirements (v) An unredacted copy of the actual have been met, he or she will register Interim Regulation test that is administered to test takers at the claim(s) and will add an annotation specified centers on scheduled dates. to the certificate such as: ‘‘Basis for In consideration of the foregoing, the In all cases, applicants must bring a registration: Secure test examined under U.S. Copyright Office amends 37 CFR physical copy of the unredacted version 37 CFR 202.13.’’ The registration will be parts 201 and 202 as follows: of the test, and the content of the test effective as of the date that the Office must be completely visible so that it received in proper form the application, PART 201—GENERAL PROVISIONS may be examined. The questions that filing fee, and the redacted copy that appear in the unredacted copy should was uploaded to the electronic ■ 1. The authority citation for part 201 precisely match the questions that registration system. In this respect, the continues to read as follows: appear in the redacted copy. If the test interim rule will provide test publishers Authority: 17 U.S.C. 702. is administered with test booklet(s), the with the benefit of an earlier effective applicant should bring one complete date of registration as compared to the ■ 2. In § 201.3, revise paragraph (d)(5) to copy of those booklet(s).6 If it is current procedure. read as follows:

she will change the effective date of registration to application. There is no group registration option the claims. The number of examiners assigned to match the date that the unredacted copy is received. for secure tests. each claim will be determined solely by the Office. 6 As mentioned above, different versions of the 7 If the test is lengthy or if the applicant is In such cases, the applicant must pay a separate same test cannot be registered together on one bringing multiple tests to the appointment, the examination fee for each staff member who Office may assign two or more examiners to handle participates in the examination.

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§ 201.3 Fees for registration, recordation, (d) * * * and related services, special services, and services performed by the Licensing Division. * * * * *

(5) Secure test examining fee (per staff member per hour) ...... 250

* * * * * Document Format (PDF). The Copyright (vi) Tests. In the case of tests, and Office will review these materials to answer material for tests, published PART 202—PREREGISTRATION AND determine if the work qualifies for the separately from other literary works, the REGISTRATION OF CLAIMS TO secure test procedure. If the work deposit of one complete copy will COPYRIGHT appears to be eligible, the Copyright suffice in lieu of two copies. In the case Office will contact the applicant to of any secure test the applicant may ■ 3. The authority citation for part 202 schedule an appointment to examine an submit identifying material in lieu of continues to read as follows: unredacted copy of the test under secure one complete copy if the conditions set Authority: 17 U.S.C. 408(f), 702. conditions. forth in § 202.13(c) have been met. ■ 4. Add § 202.13 to read as follows: (4) On the appointed date, the * * * * * applicant must bring the following § 202.13 Secure tests. materials to the Copyright Office: Dated: May 19, 2017. (a) General. This section prescribes (i) A copy of the completed Karyn Temple Claggett, rules pertaining to the registration of application. Acting Register of Copyrights and Director secure tests. (ii) The appropriate examination fee, of the U.S. Copyright Office. (b) Definitions. For purposes of this as required by § 201.3(d) of this chapter. Approved by: section— (iii) A copy of the redacted version of Carla D. Hayden, (1) A secure test is a nonmarketed test the secure test that was uploaded to the administered under supervision at electronic registration system. Librarian of Congress. specified centers on scheduled dates, all (iv) A signed declaration confirming [FR Doc. 2017–12021 Filed 6–9–17; 8:45 am] copies of which are accounted for and that the redacted copy specified in BILLING CODE 1410–30–P either destroyed or returned to restricted paragraph (c)(4)(iii) of this section is locked storage following each identical to the redacted copy that was administration. uploaded to the electronic registration ENVIRONMENTAL PROTECTION (2) A test is nonmarketed if copies of system. AGENCY the test are not sold, but instead are (v) An unredacted copy of the entire distributed and used in such a manner secure test. 40 CFR Part 52 that the test sponsor or publisher retains (5) The Copyright Office will examine [EPA–R09–OAR–2016–0244; FRL–9962–54– ownership and control of the copies. the copies specified in paragraphs Region 9] (3) A test is administered under (c)(4)(iii) and (v) of this section in the supervision if test proctors or the applicant’s presence. When the Approval and Promulgation of equivalent supervise the administration examination is complete, the Office will Implementation Plans; State of of the test. stamp the date of the appointment on California; Coachella Valley; (4) A specified center is a place where the copies and will return them to the Attainment Plan for 1997 8-Hour Ozone test takers are physically assembled at applicant. The Office will retain the Standards the same time. signed declaration and the redacted (c) Deposit requirements. Pursuant to copy that was uploaded to the electronic AGENCY: Environmental Protection the authority granted by 17 U.S.C. registration system. Agency (EPA). 408(c)(1), the Register of Copyrights has ■ 5. Amend § 202.20 as follows: ACTION: Final rule. determined that a secure test may be ■ a. Revise paragraph (b)(3).; SUMMARY: The Environmental Protection registered with identifying material, if ■ b. Remove paragraph (b)(4); Agency (EPA) is approving state the following conditions are met: ■ c. Redesignate paragraphs (b)(5) and implementation plan (SIP) revisions (1) The applicant must complete and (6) as paragraphs (b)(4) and (5), submitted by the State of California to submit a standard application. The respectively; application may be submitted by any of ■ d. Remove ‘‘, as amended by Pub. L. provide for attainment of the 1997 8- the parties listed in § 202.3(c)(1). 94–553’’ from newly redesignated hour ozone national ambient air quality (2) The appropriate filing fee, as paragraph (b)(4) and add a period in its standards (NAAQS or ‘‘standards’’) in required by § 201.3(c) of this chapter, place; and the Coachella Valley nonattainment must be included with the application ■ e. Revise paragraph (c)(2)(vi). area. The EPA finds the emissions or charged to an active deposit account. The revisions read as follows: inventories to be acceptable and is (3) The applicant must submit a approving the reasonably available redacted copy of the entire secure test. § 202.20 Deposit of copies and control measures, transportation control In addition, the applicant must phonorecords for copyright registration. strategies and measures, rate of progress complete and submit the questionnaire * * * * * and reasonable further progress that is posted on the Copyright Office’s (b) * * * demonstrations, attainment Web site. The questionnaire and the (3) The term secure test has the demonstration, and vehicle miles redacted copy must be contained in meaning set forth in § 202.13(b). traveled offset demonstration. We have separate electronic files, and each file * * * * * determined that motor vehicle must be uploaded to the electronic (c) * * * emissions budgets are not required for registration system in Portable (2) * * * the 1997 8-hour ozone standards so we

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are not taking final action on this Proposed Revision to the SIP Reflecting demonstration that the SIP provides for portion of the plan. Implementation of the 2007 State transportation control strategies and DATES: Effective Date: This final rule is Strategy,’’ CARB, Release Date March measures sufficient to offset any growth effective on July 12, 2017. 24, 2009 (‘‘2009 State Strategy Status in emissions from growth in vehicle ADDRESSES: The EPA has established Report’’); miles traveled (VMT) or the number of • docket number EPA–R09–OAR–2016– ‘‘Progress Report on vehicle trips, and to provide for RFP 0244 for this action. Generally, Implementation of PM2.5 State and attainment. More specifically, we documents in the docket for this action Implementation Plans (SIP) for the determined that: • are available electronically at http:// South Coast and San Joaquin Valley Air No additional RACM, beyond the www.regulations.gov or in hard copy at Basins and Proposed SIP Revisions,’’ controls identified in the 2007 AQMP EPA Region IX, 75 Hawthorne Street, CARB, Release Date March 29, 2011 and 2007 State Strategy as revised by San Francisco, California 94105–3901. (‘‘2011 State Strategy Progress Report’’); the 2009 State Strategy Status Report While all documents in the docket are and and 2011 State Strategy Progress Report, • listed at http://www.regulations.gov, ‘‘Staff Report, Proposed Updates to would advance attainment of the 1997 some information may be publicly the 1997 8-Hour Ozone Standard, State 8-hour ozone standards in the Coachella available only at the hard copy location Implementation Plans; Coachella Valley Valley to an attainment year of 2017. (e.g., copyrighted material, large maps, and Western Mojave Desert,’’ CARB, Therefore, the Coachella Valley Ozone multi-volume reports), and some may Release Date: September 22, 2014 Plan provides for the implementation of not be available in either location (e.g., (‘‘2014 SIP Update’’). all RACM as required by CAA section confidential business information We refer to these submittals 172(c)(1) and 40 CFR 51.1105(a)(1) and (CBI)). To inspect the hard copy collectively as the ‘‘Coachella Valley 51.1100(o)(17) (see 81 FR 75769–72 of materials, please schedule an Ozone Plan’’ or ‘‘Plan.’’ the proposed rule). • appointment during normal business The Coachella Valley is classified as The ROP and RFP demonstrations hours with the contact listed in the FOR Severe-15 with an attainment date no in the 2014 SIP Update meet the FURTHER INFORMATION CONTACT section. later than June 15, 2019. See 75 FR requirements of CAA sections 172(c)(2) and 182(c)(2)(B) and 40 CFR FOR FURTHER INFORMATION CONTACT: Tom 24409 (May 5, 2010). The relevant CAA Kelly, Air Planning Office (AIR–2), EPA requirements appear at Title I, Part D of 51.1105(a)(1) and 51.1100(o)(4) (see 81 Region IX, (415) 972–3856, the CAA, under which states must FR 75774–76 of the proposed rule). • The air quality modeling in the [email protected]. implement the 1997 8-hour ozone (primary and secondary) standards.2 2007 AQMP is adequate to support the SUPPLEMENTARY INFORMATION: The EPA codified rules for the 1997 8- attainment date of June 15, 2019 Throughout this document, the terms hour ozone standards at 40 CFR part 51, (attainment year 2018), and the 2007 ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. subpart X. See 69 FR 23951 (April 30, AQMP’s attainment demonstration Table of Contents 2004); 70 FR 71612 (November 29, meets the requirements of CAA section 182(c)(2)(A) and 40 CFR 51.1105(a)(1) I. Summary of Proposed Action 2005). The EPA revoked the 1997 8-hour 3 II. Public Comments ozone NAAQS in 2015; and 51.100(o)(12) (see 81 FR 75772–73 III. Final Action notwithstanding this revocation, areas of the proposed rule and the Technical IV. Statutory and Executive Order Reviews that were designated as nonattainment Support Document (TSD) for the for the 1997 8-hour ozone NAAQS at the proposal 4). I. Summary of Proposed Action time the standards were revoked • Appendices D and E of the 2014 SIP On November 1, 2016, the EPA continue to be subject to certain SIP Update demonstrate that the State has proposed to approve, under section requirements that previously applied adopted sufficient transportation control 110(k)(3) of the Clean Air Act (CAA), based on area classifications for the strategies and measures to offset any portions of several submittals from the standards, under ‘‘anti-backsliding’’ growth in emissions from increasing California Air Resources Board (CARB) regulations that the EPA promulgated to VMT and vehicle trips in Coachella as revisions to the California SIP for the govern the transition from the 1-hour Valley, and complies with the VMT Coachella Valley ozone nonattainment ozone standards to the 8-hour ozone emissions offset requirement in CAA area.1 81 FR 75764. The proposal standards. Id. at 12296; 40 CFR 51.1105 section 182(d)(1)(A) and 51.1105(a)(1) identified the following SIP submittals and 51.1100(o). Thus, in general, the and 51.1100(o)(10) (see 81 FR 75777–79 addressing the CAA planning Coachella Valley remains subject to the of the proposed rule). requirements for attaining the 1997 8- requirements of the 1997 8-hour ozone We also proposed to approve updated hour ozone NAAQS for the Coachella NAAQS applicable to ‘‘Severe’’ motor vehicle emission budgets Valley (and other areas as noted): nonattainment areas. (MVEBs) for transportation conformity • ‘‘Final 2007 Air Quality In the November 1, 2016 proposed included in the 2014 SIP Update. See 81 Management Plan,’’ South Coast Air rule, we proposed to approve the FR 75776–77 of the proposed rule. Quality Management District, June 2007 following elements of the Coachella Additionally, although emissions (‘‘2007 AQMP’’); Valley Ozone Plan under applicable inventories are not a specific • ‘‘2007 State Strategy for the statutory and regulatory requirements: requirement under the anti-backsliding California State Implementation Plan,’’ The reasonably available control provisions, we found that the baseline CARB, Release Date April 26, 2007, and measures (RACM) demonstration; the and milestone year emissions Appendices A–G, CARB, Release Date rate of progress (ROP) and reasonable inventories were adequate to support May 7, 2007 (‘‘2007 State Strategy’’); the other elements of the Coachella • further progress (RFP) demonstrations; ‘‘Status Report on the State Strategy the attainment demonstration; and the Valley Ozone Plan, including the for California’s 2007 State RACM, RFP, ROP and attainment Implementation Plan (SIP) and 2 Title I, Part D of the CAA includes section 172, ‘‘Nonattainment Plan Provisions in General,’’ and 4 This document is available online at 1 For a precise description of the geographic subpart 2, ‘‘Additional Provisions for Ozone www.regulations.gov in the docket EPA–R09–OAR– boundaries of the Coachella Valley ozone Nonattainment Areas’’ (sections 181–185). 2016–0244, or from the EPA contact listed at the nonattainment area, see 40 CFR 81.305. 3 80 FR 12264 (March 6, 2015). beginning of this notice.

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demonstrations. See 81 FR 75768–69 of CAA requires transportation conformity they meet the criteria of the Clean Air the proposed rule. We did not propose only in areas that are designated Act. Accordingly, this action merely any action on the Coachella Valley nonattainment or maintenance. Since approves state law as meeting federal Ozone Plan’s contingency measures. the revocation of the 1997 8-hour ozone requirements and does not impose The EPA’s analysis and findings NAAQS, transportation conformity no additional requirements beyond those supporting our proposed actions are longer applies to the Coachella Valley imposed by state law. For that reason, summarized in our proposal and are with respect to the revoked standards. this action: also discussed in the TSD for the 80 FR 12264, 12284 (March 6, 2015). • Is not a significant regulatory action proposal. Therefore, we have determined that it is subject to review by the Office of In today’s action, the EPA is finalizing not necessary to approve these budgets, Management and Budget under all actions from the proposal, with the given that they were developed for the Executive Orders 12866 (58 FR 51735, sole exception that we are not finalizing now-revoked 1997 8-hour ozone October 4, 1993) and 13563 (76 FR 3821, approval of the MVEBs in the 2014 SIP NAAQS. However, consistent with the January 21, 2011); Update. As discussed further below, the EPA’s transportation conformity rule,5 • does not impose an information MVEBs are not a continuing applicable the MVEBs from CARB’s 2008 Ozone collection burden under the provisions requirement for the Coachella Valley Early Progress Plan 6 will remain in of the Paperwork Reduction Act (44 under the EPA’s anti-backsliding effect for the Coachella Valley until U.S.C. 3501 et seq.); regulations, and our approval of the emission budgets are established and • is certified as not having a MVEBs is therefore not required under found adequate or are approved for the significant economic impact on a the CAA. 2008 ozone NAAQS. substantial number of small entities In this action, we are also amending under the Regulatory Flexibility Act (5 II. Public Comments 40 CFR 52.220 to clarify the scope of an U.S.C. 601 et seq.); The EPA’s proposed action provided earlier partial approval of the 2007 • does not contain any unfunded a 30-day public comment period. We AQMP. In 2011, we approved portions mandate or significantly or uniquely received no substantive adverse of the 2007 AQMP as providing for affect small governments, as described comments during this period. attainment of the 1997 fine particulate in the Unfunded Mandates Reform Act matter NAAQS in the Los Angeles- of 1995 (Pub. L. 104–4); III. Final Action • South Coast area. 76 FR 69928 does not have Federalism For the reasons discussed in our (November 9, 2011). However, the implications as specified in Executive November 1, 2016 proposal and regulatory text that we adopted in that Order 13132 (64 FR 43255, August 10, summarized above, the EPA is action did not specify that our approval 1999); • approving, under CAA section 110(k)(3), extended only to those portions of the is not an economically significant most elements of the Coachella Valley 2007 AQMP that CARB had submitted regulatory action based on health or Ozone Plan as proposed. Specifically, to us as SIP revisions,7 and only to those safety risks subject to Executive Order the EPA is taking final action to approve 13045 (62 FR 19885, April 23, 1997); portions of the submitted material • the following the following elements as specified for approval in the preamble is not a significant regulatory action meeting the specified requirements for to that rulemaking. Today’s action subject to Executive Order 13211 (66 FR the revoked 1997 8-hour ozone corrects the regulatory text to reflect that 28355, May 22, 2001); standards: • is not subject to requirements of • portions of the 2007 AQMP were The RACM demonstration as excluded from the 2011 approval, Section 12(d) of the National meeting the requirements of CAA including a portion applicable to the Technology Transfer and Advancement section 172(c)(1) and 40 CFR Coachella Valley that we are approving Act of 1995 (15 U.S.C. 272 note) because 51.1105(a)(1) and 51.1100(o)(17). application of those requirements would • in today’s action, and does not affect the the ROP and RFP demonstrations as substance of our prior final action, 76 be inconsistent with the Clean Air Act; meeting the requirements of CAA FR 69928 (November 9, 2011). and sections 172(c)(2) and 182(c)(2)(B) and • does not provide the EPA with the 40 CFR 51.1105(a)(1) and 51.1100(o)(4). IV. Statutory and Executive Order discretionary authority to address, as • the attainment demonstration as Reviews appropriate, disproportionate human meeting the requirements of CAA Under the Clean Air Act, the health or environmental effects, using section 182(c)(2)(A) and 40 CFR Administrator is required to approve a practicable and legally permissible 51.1105(a)(1) and 51.1100(o)(12). methods, under Executive Order 12898 • SIP submission that complies with the the demonstration that the SIP provisions of the Act and applicable (59 FR 7629, February 16, 1994). provides for transportation control federal regulations. 42 U.S.C. 7410(k); In addition, the SIP is not approved strategies and measures sufficient to 40 CFR 52.02(a). Thus, in reviewing SIP to apply on any Indian reservation land offset any growth in emissions from submissions, the EPA’s role is to or in any other area where the EPA or growth in VMT or the number of vehicle approve state choices, provided that an Indian tribe has demonstrated that a trips, and to provide for RFP and tribe has jurisdiction. In those areas of attainment, as meeting the requirements 5 40 CFR part 93, subpart A. Indian country, the rule does not have of CAA section 182(d)(1)(A) and 40 CFR 6 ‘‘Early Progress Plans Demonstrating Progress tribal implications and will not impose 51.1105(a)(1) and 51.1100(o)(10). Toward Attaining the 8-hour National Air Quality substantial direct costs on tribal As noted in our proposal, we are not Standards for Ozone and Setting Transportation governments or preempt tribal law as acting on the Plan’s contingency Conformity Budgets for Ventura County, Antelope specified by Executive Order 13175 (65 Valley—Western Mojave Desert, Coachella Valley, measures. Contingency measures are a Eastern Kern County, and Imperial County’’ FR 67249, November 9, 2000). distinct provision of the CAA that we (revised), CARB (February 27, 2008). The EPA The Congressional Review Act, 5 may act on separately from the previously determined that the budgets in the U.S.C. 801 et seq., as added by the Small attainment requirements. Ozone Early Progress Plan are adequate for Business Regulatory Enforcement transportation conformity purposes. See 73 FR Upon further reflection, we are not 25694 (May 7, 2008). Fairness Act of 1996, generally provides finalizing our proposed approval of the 7 See CARB Resolution 07–41 (September 27, that before a rule may take effect, the MVEBs in the 2014 SIP Update. The 2007). agency promulgating the rule must

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submit a rule report, which includes a (A) * * * FEDERAL COMMUNICATIONS copy of the rule, to each House of the (1) Final South Coast 2007 Air Quality COMMISSION Congress and to the Comptroller General Management Plan (excluding those 47 CFR Part 96 of the United States. The EPA will portions of Chapter 4 (‘‘AQMP Control submit a report containing this action Strategy’’) and Chapter 7 [GN Docket No. 12–354; FCC 16–55] and other required information to the (‘‘Implementation’’) addressing District- U.S. Senate, the U.S. House of recommended measures for adoption by Amendment of the Commission’s Representatives, and the Comptroller Rules With Regard to Commercial CARB and references to those measures General of the United States prior to Operations in the 3550–3650 MHz Band publication of the rule in the Federal (pp. 4–43 through 4–54 and the section Register. A major rule cannot take effect titled ‘‘Recommended Mobile Source AGENCY: Federal Communications until 60 days after it is published in the and Clean Fuel Control Measures’’ in Commission. Federal Register. This action is not a table 7–3, pp. 7–8 and 7–9); those ACTION: Final rule; announcement of ‘‘major rule’’ as defined by 5 U.S.C. portions of Chapter 6 (‘‘Clean Air Act effective date. 804(2). Requirements’’) and Chapter 7 SUMMARY: Under section 307(b)(1) of the Clean (‘‘Implementation’’) addressing In this document, the Federal Air Act, petitions for judicial review of California Clean Air Act Requirements Communications Commission this action must be filed in the United (pp. 6–13 through 6–22 and page 7–3); (Commission) announces that the Office States Court of Appeals for the those portions of Chapter 4 (‘‘AQMP of Management and Budget (OMB) has approved, for a period of three years, the appropriate circuit by August 11, 2017. Control Strategy’’) addressing emission information collection requirements Filing a petition for reconsideration by and risk reduction goals identified in associated with the Commission’s the Administrator of this final rule does the AQMP’s proposed control measure not affect the finality of this action for Second Report and Order, GN Docket MOB–03 (‘‘Proposed Backstop Measures No. 12–354, FCC 16–55. This document the purposes of judicial review nor does for Indirect Sources of Emissions from it extend the time within which a is consistent with the Second Report Ports and Port-Related Facilities’’) (p. 4– and Order, which stated that the petition for judicial review may be filed, 24); the motor vehicle emissions and shall not postpone the effectiveness Commission would publish a document budgets in Chapter 6 (‘‘Clean Air Act in the Federal Register announcing of such rule or action. This action may Requirements’’) (pp. 6–24 through 6– not be challenged later in proceedings to OMB approval and the effective date of 26), and Chapter 8 (‘‘Future Air the requirements. enforce its requirements (see section Quality—Desert Nonattainment 307(b)(2)). DATES: The amendments to 47 CFR Areas’’)), adopted on June 1, 2007. 96.25(c)(1)(i), published at 81 FR 49023, List of Subjects in 40 CFR Part 52 * * * * * July 26, 2016, are effective on July 3, Environmental protection, Air (4) Final South Coast 2007 Air Quality 2017. pollution control, Incorporation by Management Plan, Chapter 8 (‘‘Future FOR FURTHER INFORMATION CONTACT: For reference, Intergovernmental Air Quality—Desert Nonattainment additional information, contact Cathy regulations, Nitrogen dioxide, Ozone, Areas’’) (excluding pp. 8–14 to 8–17 Williams, [email protected], (202) Reporting and recordkeeping (regarding transportation conformity 418–2918. requirements, Volatile organic budgets)), adopted on June 1, 2007.a SUPPLEMENTARY INFORMATION: This compounds. * * * * * document announces that, on May 11, Authority: 42 U.S.C. 7401 et seq. 2017, OMB approved the revised (486) The following plan was information collection requirements Dated: April 20, 2017. submitted on November 6, 2014, by the Alexis Strauss, contained in the Commission’s Second Governor’s designee. Report and Order, FCC 16–55, Acting Regional Administrator, Region IX. (i) [Reserved] published at 81 FR 49023, July 26, 2016. Part 52, chapter I, title 40 of the Code The OMB Control Number is 3060– of Federal Regulations is amended as (ii) Additional materials. (A) California Air Resources Board. 1211. The Commission publishes this follows: document as an announcement of the (1) California Air Resources Board, effective date of the requirements. If you PART 52—APPROVAL AND Staff Report, Proposed Updates to the have any comments on the burden PROMULGATION OF 1997 8-Hour Ozone Standard, State estimates listed below, or how the IMPLEMENTATION PLANS Implementation Plans; Coachella Valley Commission can improve the ■ 1. The authority citation for part 52 and Western Mojave Desert (excluding collections and reduce any burdens continues to read as follows: section III (pp. 8–12), Table A–2, Table caused thereby, please contact Cathy B–2, Table C–2, the bottom row of Table Williams, Federal Communications Authority: 42 U.S.C. 7401 et seq. E–1, Table E–3 and accompanying Commission, Room 1–C823, 445 12th Subpart F—California discussion of Western Mojave Desert Street SW., Washington, DC 20554. ROG calculations on p. E–7, and Figure Please include the OMB Control ■ 2. Section 52.220 is amended by E–2 (regarding Western Mojave Desert); Number, 3060–1211 in your revising paragraph (c)(398)(ii)(A)(1) and Table B–3 (regarding contingency correspondence. The Commission will adding paragraphs (c)(398)(ii)(A)(4) and measures); and Appendix D (regarding also accept your comments via email at (c)(486) to read as read as follows: transportation conformity budgets)), [email protected]. adopted on October 24, 2014. To request materials in accessible § 52.220 Identification of plan—in part. formats for people with disabilities [FR Doc. 2017–12019 Filed 6–9–17; 8:45 am] * * * * * (Braille, large print, electronic files, (c) * * * BILLING CODE 6560–50–P audio format), send an email to fcc504@ (398) * * * fcc.gov or call the Consumer and (ii) * * * Governmental Affairs Bureau at (202)

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418–0530 (voice), (202) 418–0432 Estimated Time per Response: 0.25–1 Second Report and Order create (TTY). hour. additional capacity for wireless Frequency of Response: One-time and broadband by adopting a new approach Synopsis on occasion reporting requirements; to spectrum management to facilitate As required by the Paperwork other reporting requirements—as more intensive spectrum sharing Reduction Act of 1995 (44 U.S.C. 3507), needed basis for the equipment safety between commercial and federal users the FCC is notifying the public that it certifications, and consistently (likely and among multiple tiers of commercial received OMB approval on May 11, daily) responses automated via the users. The Spectrum Access System 2017, for the revised information device. (SAS) will use the information to collection requirements contained in the Obligation to Respond: Required to authorize and coordinate spectrum use Commission’s rules at 47 CFR 96.25. obtain or retain benefits. The statutory for Citizen Broadband Radio Service Under 5 CFR part 1320, an agency may authority for this collection is contained Devices (CBSDs). The Commission will not conduct or sponsor a collection of in 47 U.S.C. 151, 152, 154(i), 154(j), use the information to coordinate among information unless it displays a current, 155(c), 302(a), 303, 304, 307(e), and 316. the spectrum tiers and determine valid OMB Control Number. Total Annual Burden: 64,561 hours. Protection Areas for Priority Access No person shall be subject to any Annual Cost Burden: $13,213,975. Licensees (PALs). penalty for failing to comply with a Privacy Act Impact Assessment: No The following is a description of the collection of information subject to the impact(s). information collection requirements for Paperwork Reduction Act that does not Nature and Extent of Confidentiality: which the Commission received OMB display a current, valid OMB Control There is no need for confidentiality with approval: Number. The OMB Control Numbers is this collection of information. The Section 96.25(c)(1)(i) requires PALs to 3060–1211. information to be collected will be made inform the SAS if a CBSD is no longer The foregoing notice is required by available for public inspection. in use. the Paperwork Reduction Act of 1995, Applicants may request materials or Section 96.25(c)(2)(i) creates a default Public Law 104–13, October 1, 1995, information submitted to the protection contour for any CBSD at the and 44 U.S.C. 3507. Commission be given confidential outer limit of the PAL Protection Area, The total annual reporting burdens treatment under 47 CFR 0.459 of the but allows a PAL to self-report a contour and costs for the respondents are as Commission’s rules. smaller than that established by the follows: Needs and Uses: The FCC adopted an SAS. OMB Control Number: 3060–1211. Order on Reconsideration and Second These rules which contain OMB Approval Date: May 11, 2017. Report and Order, FCC 16–55, that information collection requirements are OMB Expiration Date: May 31, 2020. amends rules established in the First designed to provide for flexible use of Title: Sections 96.17; 96.21; 96.23; Report and Order, FCC 15–47, for this spectrum, while managing three 96.25; 96.33; 96.35; 96.39; 96.41; 96.43; commercial use of 150 megahertz in the tiers of users in the band, and create a 96.45; 96.51; 96.57; 96.59; 96.61; 96.63; 3550–3700 MHz (3.5 GHz) band and a low-cost entry point for a wide array of 96.67, Commercial Operations in the new Citizens Broadband Radio Service, users. The rules will encourage 3550–3650 MHz Band. on April 28, 2016, published at 81 FR innovation and investment in mobile Form Number: Not applicable. 49023 (July 26, 2016). The rule changes broadband use in this spectrum while Type of Review: Revision of a information requirements contained in protecting incumbent users. Without currently approved information the First Report and Order are also this information, the Commission would collection. approved under this Office of not be able to carry out its statutory Respondents: Business or other for- Management and Budget (OMB) control responsibilities. profit entities, state, local, or tribal number and have not changed since government and not for profit they were last approved by OMB. Federal Communications Commission. institutions. The Commission received approval Marlene H. Dortch, Number of Respondents and from OMB for the information collection Secretary, Office of the Secretary. Responses: 110,782 respondents; requirements contained in FCC 16–55. [FR Doc. 2017–12117 Filed 6–9–17; 8:45 am] 226,099 responses. The amendments contained in the BILLING CODE 6712–01–P

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Proposed Rules Federal Register Vol. 82, No. 111

Monday, June 12, 2017

This section of the FEDERAL REGISTER of this issue of the Federal Register. recommended decision with respect to contains notices to the public of the proposed Comments will be made available for the proposed amendments to Marketing issuance of rules and regulations. The public inspection in the Office of the Order 982 regulating the handling of purpose of these notices is to give interested Hearing Clerk during regular business hazelnuts grown in Oregon and persons an opportunity to participate in the hours or can be viewed at: http:// Washington and the opportunity to file rule making prior to the adoption of the final rules. www.regulations.gov. written exceptions thereto. Copies of FOR FURTHER INFORMATION CONTACT: this decision can be obtained from Melissa Schmaedick, Marketing Order Melissa Schmaedick, whose address is DEPARTMENT OF AGRICULTURE and Agreement Division, Specialty listed above. Crops Program, AMS, USDA, Post Office This recommended decision is issued Agricultural Marketing Service Box 952, Moab, UT 84532; Telephone: pursuant to the provisions of the (202) 557–4783, Fax: (435) 259–1502, or Agricultural Marketing Agreement Act 7 CFR Part 982 Julie Santoboni, Marketing Order and of 1937, as amended (7 U.S.C. 601–674), [Doc. No. AO–SC–16–0136; AMS–SC–16– Agreement Division, Specialty Crops hereinafter referred to as the ‘‘Act,’’ and 0074; SC16–982–1] Program, AMS, USDA, 1400 the applicable rules of practice and Independence Avenue SW., Stop 0237, procedure governing the formulation Hazelnuts Grown in Oregon and Washington, DC 20250–0237; and amendment of marketing Washington; Recommended Decision Telephone: (202) 720–2491, Fax: (202) agreements and orders (7 CFR part 900). and Opportunity To File Written 720–8938, or Email: The proposed amendments are based Exceptions to Proposed Amendment [email protected] or on the record of a public hearing held of Marketing Order No. 982 [email protected]. on October 18, 2016, in Wilsonville, Small businesses may request Oregon. Notice of this hearing was AGENCY: Agricultural Marketing Service, information on this proceeding by published in the Federal Register on USDA. contacting Richard Lower, Marketing September 30, 2016 (81 FR 67217). The ACTION: Proposed rule and opportunity Order and Agreement Division, notice of hearing contained two to file exceptions. Specialty Crops Program, AMS, USDA, proposals submitted by the Board and 1400 Independence Avenue SW., Stop one submitted by USDA. SUMMARY: This recommended decision 0237, Washington, DC 20250–0237; The proposed amendments were proposes amendments to Marketing Telephone: (202) 720–2491, Fax: (202) recommended by the Board on May 27, Order No. 982 (order), which regulates 720–8938, or Email: Richard.Lower@ 2015, and were submitted to USDA on the handling of hazelnuts grown in ams.usda.gov. May 16, 2016. After reviewing the Oregon and Washington. The proposed SUPPLEMENTARY INFORMATION: Prior proposals and other information amendments are based on the record of submitted by the Board, USDA made a a public hearing held on October 18, documents in this proceeding: Notice of Hearing issued on September 27, 2016, determination to schedule this matter 2016, in Wilsonville, Oregon. Two for hearing. The Board’s proposed amendments are proposed by the and published in the September 30, 2016, issue of the Federal Register amendments to the order would: (1) Hazelnut Marketing Board (Board), Add authority to regulate quality for the which is responsible for local (81 FR 67217). This action is governed by the purpose of pathogen reduction; and (2) administration of the order. The add authority to establish different proposed amendments would add both provisions of sections 556 and 557 of title 5 of the United States Code and, outgoing quality regulations for different the authority to regulate quality for the markets. purpose of pathogen reduction and the therefore, is excluded from the requirements of Executive Orders USDA proposed to make any such authority to establish different changes as may be necessary to the regulations for different markets. In 12866, 13563, and 13175. Additionally, because this rule does not meet the order to conform to any amendment that addition, the Agricultural Marketing may be adopted, or to correct minor Service (AMS) proposed to make any definition of a significant regulatory action it does not trigger the inconsistencies and typographical such changes as may be necessary to the errors. order to conform to any amendment that requirements contained in Executive Order 13771. See the Office of Ten witnesses testified at the hearing. may result from the public hearing. The The witnesses represented hazelnut proposals are intended to aid in Management and Budget’s (OMB) Memorandum titled ‘‘Interim Guidance producers and handlers in the pathogen reduction and meet the needs production area, as well as the Board, of different market destinations. Implementing Section 2 of the Executive Order of January 30, 2017, titled and one witness was from the USDA. DATES: Written exceptions must be filed ‘Reducing Regulation and Controlling The industry witnesses all supported by July 12, 2017. Regulatory Costs’ ’’ (February 2, 2017). the proposed amendments, while the ADDRESSES: Written exceptions should Notice of this rulemaking action was USDA witness remained neutral. One be filed with the Hearing Clerk, U.S. provided to tribal governments through dissenting opinion was received by Department of Agriculture, Room the Department of Agriculture’s (USDA) AMS after the notice of hearing was 1031–S, Washington, DC 20250–9200; Office of Tribal Relations. published in the Federal Register. In Fax: (202) 720–9776 or via the Internet accordance with section 900.16 of the at http://www.regulations.gov. All Preliminary Statement Rules of Practice governing this comments should reference the docket Notice is hereby given of the filing proceeding (7 CFR 900.16), the ex parte number and the date and page number with the Hearing Clerk of this communication, which opposed both

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proposals, was entered into the record, Findings and Conclusions contamination or the transfer of and is available on the USDA Web site. The following findings and pathogens during product handling. The Food Safety Steering Committee The industry witnesses favored the conclusions on the material issues are (FSSC), a committee of the Board, is two proposals. The first proposal would based on evidence presented at the conducting research to identify best add authority to the order to regulate hearing and the record thereof. quality for the purpose of pathogen methods for achieving a 5-log reduction reduction. The second proposal would Material Issue Number 1—Authority To in the presence of pathogens through allow for the establishment of different Regulate Quality various kill-steps. A log reduction is a mathematical term used to show the outgoing quality regulations for different Sections 982.12, 982.40, and 982.45 number of pathogens eliminated. A 5- markets. (‘‘Merchantable hazelnuts,’’ ‘‘Marketing log reduction means lowering the The authority to regulate quality does policy and volume regulation,’’ and ‘‘Establishment of grade and size number of pathogens by 100,000-fold. not currently exist in the order. For example, if there were 1,000,000 regulations,’’ respectively) should be Witnesses at the hearing explained that, organisms present, the kill-step would amended to authorize quality regulation if added to the order, the authority to need to reduce the number of organisms for the purpose of pathogen reduction regulate quality would be specifically to 10 to achieve a 5-log reduction in by inserting the words ‘‘and quality’’ for the purpose of reducing pathogen pathogens. Current industry methods, or after ‘‘grade, size,’’ in each section, contamination in hazelnuts. According ‘‘kill-steps,’’ used to achieve a 5-log respectively. Section 982.45 should also to witness testimony, Salmonella, E. pathogen reduction include: Treatment be amended by adding a new paragraph coli, and Listeria, are all present in the with propylene oxide (PPO), steam (c), ‘‘Quality regulations.’’ Additionally, soil and are chief among the pathogens pasteurization, roasting, and other heat the heading prior to § 982.45 should be that the industry would like to reduce. treatments. The proposed authority could also assist revised to read ‘‘Grade, Size, and Witnesses discussed the need to the industry in complying with the Quality Regulation.’’ Lastly, § 982.46, regulate the levels of Salmonella, E. coli, Food and Drug Administration’s (FDA) ‘‘Inspection and certification,’’ should and Listeria, which are naturally food safety guidelines under the Food be amended by adding paragraph (d). occurring bacteria. Currently, only Safety Modernization Act of 2011 These proposed amendments to the steam pasteurization is approved by the (FSMA). Order would authorize the Board to FDA as a kill-step for hazelnuts. While regulate the quality of hazelnuts. a 5-log reduction is neither required The proposal to add authority to Currently, § 982.45 of the order states establish different outgoing quality under the marketing order, nor by that the Board has authority to regulate existing FSMA guidelines, it is currently regulations for different markets was grade and size; there is no mention of supported by witnesses who spoke of used by the FDA for other crops and quality. Witnesses explained that the therefore is used by FSSC as an the need to meet hazelnut purchasers’ authority to regulate quality would differing pathogen reduction treatment acceptable minimum. allow them to regulate product According to witnesses, authority to requirements. In addition, witnesses attributes that fall outside the traditional propose mandatory quality regulation pointed out the potential cost savings scope of ‘‘grade’’ and ‘‘size.’’ that could reduce the potential for a for handlers by allowing different According to the record, current widespread illness that could negatively outgoing quality standards for different hazelnut grade and size standards affect the industry as a whole is markets. correspond with USDA standards necessary. Witnesses testified about an At the conclusion of the hearing, the developed in 1975 for inshell hazelnuts outbreak of Salmonella in 2009, which Administrative Law Judge established a and in 1980 for hazelnut kernels. The resulted in a recall of hazelnuts. The deadline of December 2, 2016, for the attributes currently regulated under recall was due to detection of submission of corrections to the grade and condition standards include, Salmonella at a plant that processed transcript, and January 1, 2017, as a but are not limited to, characteristics of different varieties of nuts that were deadline for interested persons to file damaged hazelnuts, such as: Stains, comingled with hazelnuts. This proposed findings and conclusions or adhering husk, mold, decay, rancidity, outbreak spurred research on written arguments and briefs based on and insect injury. According to the contamination, the formation of the the evidence received at the hearing. No record, if the order were amended to FSSC, and resulted in the industry’s written arguments or briefs were filed. regulate quality, ‘‘quality’’ as used in the determination that regulation of quality order and regulations would mean the Material Issues for pathogen reduction is necessary in reduction of pathogens. Witnesses order to safeguard the industry from The material issues presented on the explained that product contaminated by future pathogen-related food scares. record of hearing are as follows: pathogens reduces that product’s The proposed authority could also inherent quality and usability in the enable the Board to establish mandatory 1. Whether to amend §§ 982.12, 982.40, 982.45, and 982.46 to add authority to market. Therefore, the authority to test quality inspections, thereby ensuring regulate quality for the purpose of pathogen for and require action to reduce that all handlers are fully participating reduction. Corresponding changes would pathogens in hazelnuts would result in in proper pathogen reduction measures. also revise the subheading ‘‘Grade and Size a higher quality product. Such regulation would build consumer Regulation’’ prior to § 982.45, and the section Witnesses also testified about the confidence and lower the likelihood of heading for § 982.45, ‘‘Establishment of grade importance of quality checks on product the need for another product recall. and size regulations,’’ to include quality. during the handling process to ensure Witnesses stated that the anticipated 2. Whether to amend § 982.45 to add that the potential for pathogen immediate cost impact on the industry authority to establish different outgoing contamination is minimized. This could as a result of this proposal would be regulations for different markets. 3. Whether any conforming changes need be achieved by implementing kill-steps minimal. If approved in a referendum to be made as a result of the above proposed throughout the handling of hazelnuts by producers, the addition of ‘‘quality’’ amendments. Conforming changes may also and testing for pathogens in the end to the list of attributes that can be include non-substantive, typographical product. A kill-step is a measure taken, regulated under the order would not errors. such as heat treatment, to mitigate result in new, immediate regulation.

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Any new regulation would need to be of others, at no cost, but by not treating Witnesses clarified that this proposal developed and vetted as a proposal, their hazelnuts they also put the entire would not result in new, immediate approved and recommended by the industry at risk of a product recall. regulations; it would only result in the Board, published by USDA as a Overall, witnesses anticipated that authority to establish different quality proposed rule, commented on by the quality regulations could result in regulations for different market public, and receive USDA approval increased returns for both producers destinations under the order. If this prior to being implemented. and handlers as, in some markets, a proposal were implemented, the Board If quality regulation were higher price would be paid for quality- could make recommendations for recommended by the Board and certified product. Therefore, the different regulations for different market approved by USDA, such regulation potential benefit of higher prices, in destinations to USDA. Any new would address the industry’s desire to addition to reduced contamination, regulation would need to be developed reduce the potential for pathogen would outweigh the costs, as described and vetted as a proposal, approved and contaminations. For example, if above. recommended by the Board, published hazelnuts were to be tested for Finally, USDA is recommending one by USDA as a proposed rule, opened for Salmonella under the authority to clarifying change to the language in the public comment, and receive USDA regulate quality, it would benefit the proposed new paragraph 982.45(c), approval prior to being implemented. industry by ensuring that high levels of which would add authority to regulate Witnesses stated that if any market- this bacteria do not enter the market. quality. USDA has determined that the specific regulations were to be The ability to regulate quality would language as presented in the Notice of implemented as a result of this assure customers of the industry’s Hearing was redundant and, therefore, authority, the anticipated impact on oversight of product quality. As such, confusing. USDA has revised the producers and handlers would be witnesses explained that any potential proposed language in the new paragraph negligible. Different regulations for costs of future regulation would be § 982.45(c) so that its intent is more different market destinations would not outweighed by the benefits of pathogen clearly stated. This new language is hinder the export of hazelnuts. reduction in the market. included in the proposed regulatory text Witnesses explained that many hazelnut According to witnesses, hazelnuts are of this recommended decision. handlers shipping to export markets currently inspected for grade and size. No testimony opposing this proposed already voluntarily meet the unique The addition of another inspection amendment was given at the hearing. product specifications of those export parameter would not result in For the reasons stated above, it is markets to meet consumer tastes and significant, increased costs. recommended that §§ 982.12 and 982.40 demands. Additionally, according to the record, should be amended, § 982.45 should be No testimony opposing this proposed the majority of handlers are already amended by adding a new paragraph (c), amendment was given at the hearing. voluntarily implementing a kill-step or the heading prior to § 982.45 should be For the reasons stated above, it is are shipping to a customer who will revised to include ‘‘quality,’’ and a new recommended that § 982.45, perform their own kill-step, thereby paragraph (d) should be added to ‘‘Establishment of grade and size eliminating the need for handlers to § 982.46, to add quality regulation regulations,’’ should be further amended perform one themselves. authority under the order. by adding a new paragraph (d) to Should the authority to regulate Material Issue Number 2—Different provide authority to establish different quality be implemented, witnesses Market Regulations quality regulations for different market discussed the supporting rules and destinations. regulations that would need to be Section 982.45, ‘‘Establishment of developed. Witnesses indicated that grade and size,’’ should be further Small Business Considerations handlers would likely be required to amended to provide authority to Pursuant to the requirements set forth submit treatment plans each year, establish different regulations for in the Regulatory Flexibility Act (RFA), identifying treatment processes, different markets by adding a new AMS has considered the economic facilities, and documentation paragraph (d), ‘‘Different regulations for impact of this action on small entities. procedures. Future regulations would different markets.’’ This would add Accordingly, AMS has prepared this also include compliance and authority to establish different outgoing initial regulatory flexibility analysis. verification provisions, including quality regulations for different markets. The purpose of the RFA is to fit handler verification plans and record The order does not currently allow for regulatory actions to the scale of retention requirements to substantiate different standards to be applied to businesses subject to such actions so compliance with the regulations. The hazelnuts shipped to different foreign that small businesses will not be unduly Board would be charged with ensuring markets. This proposed authority would or disproportionately burdened. compliance with any new regulations. allow the Board to develop quality Marketing orders and amendments If this proposal were implemented, regulations that are best suited for thereto are unique in that they are the Board could establish quality particular market destinations. For normally brought about through group standards for all Oregon and example, it would be redundant to treat action of essentially small entities for Washington hazelnut handlers, thereby exports to the People’s Republic of their own benefit. ensuring uniform quality of product and China (China), the largest export market eliminating the free-rider problem. A for hazelnuts, with a kill-step, because Hazelnut Industry Background and free-rider is someone who benefits from they are roasted and brined in China Overview goods or services, but does not pay for prior to sale. Witnesses explained that if According to the hearing transcript, them. In the case of hazelnuts, most hazelnuts sold to China were subject to there are currently over 800 hazelnut handlers treat hazelnuts for pathogen a kill-step prior to exportation, the growers in the production area. reduction, incurring associated costs additional roasting and brining According to National Agricultural and building the reputation of a safe treatment in China would result in a Statistics Service (NASS) data presented product. Handlers who do not treat brittle, over-processed product which at the hearing, 2015 grower receipts hazelnuts for pathogen reduction not would no longer be desirable to averaged $2,800 per ton. With a total only benefit from the reputation built by consumers. 2015 production of 31,000 tons, the

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farm gate value for hazelnuts in that the hearing shows that none of the One witness noted that mandatory year totaled $86.8 million ($2,800 per proposed amendments would have a treatment would benefit the industry by ton multiplied by 31,000 tons). Taking significant economic impact on a addressing the free-rider situation in the total value of production for substantial number of small agricultural which handlers who do not treat the hazelnuts and dividing it by the total producers or firms. product benefit from consumer number of hazelnut growers provides a confidence while incurring additional Material Issue Number 1—Adding return per grower of $108,500. A small risks. Handlers that do treat product Authority To Regulate Quality grower as defined by the Small Business absorb all costs of treatment while Administration (SBA) (13 CFR 121.201) The proposal described in Material building the reputation of the industry. is one that grosses less than $750,000 Issue 1 would amend § 982.45 to The record shows that the proposal to annually. Therefore, a majority of authorize the Board to establish add authority to establish different hazelnut growers are considered small minimum quality requirements and outgoing quality requirements for entities under the SBA standards. § 982.46 to allow for certification and different markets would, in itself, have Record evidence indicates that inspection to enforce quality no economic impact on producers or approximately 98 percent of hazelnut regulations. handlers of any size. Regulations growers are small businesses. Presently, the Board is charged with implemented under that authority could According to the industry, there are assuring hazelnuts meet grade and size impose additional costs on handlers 17 hazelnut handlers, four of which standards. The Board also has the required to comply with them. handle 80 percent of the crop. While authority to employ volume control. If However, witnesses testified that market prices for hazelnuts were not finalized, this proposal would authorize establishing mandatory regulations for included among the data presented at the Board to propose quality regulations different markets could increase the the hearing, an estimation of handler that require a treatment to reduce industry’s credibility and reduce the receipts can be calculated using the pathogen load prior to shipping risk that shipments of substandard 2015 grower receipt value of $86.8 hazelnuts. Witnesses supported this product could jeopardize the entire million. Multiplying $86.8 million by 80 proposal and stated that treatment industry’s reputation. Record evidence percent ($86.8 million × 80 percent = regulation would not significantly shows that any additional costs are $69.4 million) and dividing by four impact the majority of handlers since likely to be offset by the benefits of indicates that the largest hazelnut most handlers already treat product complying with those requirements. handlers received an estimated $17.3 prior to shipment. Witness testimony For the reasons described above, it is million each. Dividing the remaining 20 indicated that the proposed amendment determined that the costs attributed to percent of $86.8 million, or $17.4 would lower the likelihood of a product the above-proposed changes are million, by the remaining 13 handlers, recall incident and the associated minimal; therefore, the proposal would indicates average receipts of $1.3 negative economic impacts. Witnesses not have a significant economic impact million each. A small agricultural noted that the proposed amendment on a substantial number of small service firm is defined by the SBA as would give the Board flexibility to entities. one that grosses less than $7,500,000. ensure consumer confidence in the Material Issue Number 2—Adding Based on the above calculations, a quality of hazelnuts. majority of hazelnut handlers are It is determined that the additional Authority for Different Market considered small entities under SBA’s costs incurred to regulate quality would Regulations standards. be greatly outweighed by the increased The proposal described in Material The production area regulated under flexibility for the industry to respond to Issue 2 would allow for the the order covers Oregon and changing quality regulation and food establishment of different outgoing Washington. According to the record, safety. There is expected to be no quality regulations for different markets. Eastern Filbert Blight has heavily financial impact on growers. Mandatory Witnesses testified that allowing impacted hazelnut production in treatment requirements should not different regulations for different Washington. One witness stated that cause dramatic increases in handler markets would likely lower the costs to there currently is no commercial operating costs, as most already handlers and prevent multiple production in that state. As a result, voluntarily treat hazelnuts. Handlers treatments of hazelnuts while production data entered into the record bear the direct cost associated with preserving hazelnut quality. pertains almost exclusively to Oregon. installing and operating treatment Certain buyers of hazelnuts do not NASS data indicates bearing acres of equipment or contract out the treatment require prior treatment and perform hazelnuts reached a fifteen-year high of product to a third party. their own kill-step processes such as during the 2013–2014 crop year at According to the industry, most roasting, baking or pasteurization. A 30,000 acres. Acreage has remained domestic hazelnut product is shipped to witness stated that two of the largest steady, at 30,000 bearing acres for the California for PPO treatment. The cost to buyers of hazelnuts, Diamond of 2015–2016 crop year. By dividing ship and treat product is estimated to be California and Kraft Foods, Inc. choose 30,000 acres by 800 growers, NASS data 10 cents per pound or less. Using 2014– to treat product after arrival. indicate there are approximately 37.5 2015 shipment data, at 10 cents per Shipments to foreign markets often do acres per grower. Industry testimony pound, the cost to ship and treat the 6.5 not require treatment and are treated estimates that due to new plantings, million pounds of Oregon hazelnuts after exportation. Testimony indicated there are potentially 60,000 bearing shipped to the domestic market is not that during the 2014–2015 season, of the acres of hazelnuts, or an estimated 75 expected to exceed $650,000. Shipments 9.5 million pounds of kernel hazelnuts bearing acres per hazelnut grower. to foreign markets typically do not shipped to Canada, almost all were During the hearing held October 18, require treatment and therefore have no further treated by the customers. In 2016, interested parties were invited to associated treatment costs. Large conjunction with the proposed quality present evidence on the probable handlers who wish to install treatment authority discussed in Material Issue 1, regulatory impact of the proposed equipment may face costs ranging from specific regulation could be developed amendments to the order on small $100,000 to $5,000,000 depending on to exempt exported product, subject to businesses. The evidence presented at the treatment system. further pathogen-reduction treatment in

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the country of purchase, from amendments are intended to improve provides that the district court of the mandatory treatment. In Canada, the the operation and administration of the United States in any district in which purchaser, not the handler, is order and to assist in the marketing of the handler is an inhabitant, or has his responsible for providing pathogen hazelnuts. or her principal place of business, has reduction treatment. Requiring handlers Board meetings regarding these jurisdiction to review USDA’s ruling on to treat hazelnuts before export would proposals, as well as the hearing date the petition, provided an action is filed be duplicative in cost and treatment. At and location, were widely publicized no later than 20 days after the date of 10 cents per pound, it is estimated that throughout the Oregon and Washington entry of the ruling. on sales to Canada alone, handler hazelnut industry, and all interested Rulings on Briefs of Interested Persons savings could reach as much as persons were invited to attend the $950,000 (9.5 million pounds of meetings and the hearing to participate Briefs, proposed findings and shipments multiplied by 10 cents per in Board deliberations on all issues. All conclusions, and the evidence in the pound), if exempted from the Board meetings and the hearing were record were considered in making the mandatory treatment requirement. public forums, and all entities, both findings and conclusions set forth in Hazelnuts shipped to China are large and small, were able to express this recommended decision. To the typically processed after arrival and also views on these issues. Finally, extent that the suggested findings and do not necessitate treatment by handlers interested persons are invited to submit conclusions filed by interested persons in the United States. information on the regulatory impacts of are inconsistent with the findings and China is a major export market for this action on small businesses. conclusions of this recommended inshell hazelnuts. According to the AMS is committed to complying with decision, the requests to make such hearing transcript, from 2011–2015, 54 the E-Government Act, to promote the findings or to reach such conclusions percent of inshell hazelnuts were use of the Internet and other are denied. exported. The total value of inshell information technologies to provide General Findings exports was approximately $41,340,780, increased opportunities for citizen if 54 percent is multiplied by the access to Government information and The findings hereinafter set forth are $76,557,000 total hazelnut exports. In services, and for other purposes. supplementary to the findings and 2015–2016 China received 90 percent of determinations which were previously U.S. inshell hazelnut exports. The Paperwork Reduction Act made in connection with the issuance of 2015–2016 value of U.S. hazelnut Current information collection the marketing agreement and order; and exports to China is estimated to be requirements for Part 982 are approved all said previous findings and approximately $37,206,702, or 90 by OMB, under OMB Number 0581– determinations are hereby ratified and percent of the value of all U.S. inshell 0189—‘‘Generic OMB Fruit Crops.’’ No affirmed, except insofar as such findings exports. Oregon hazelnuts compete changes in these requirements are and determinations may be in conflict primarily with Turkish (kernel) and anticipated as a result of this with the findings and determinations set Chilean (inshell) hazelnuts. Testimony proceeding. Should any such changes forth herein. indicates that multiple treatments of become necessary, they would be (1) The marketing order, as amended, hazelnuts would likely affect the quality submitted to OMB for approval. and as hereby proposed to be further of hazelnuts. Allowing for different As with all Federal marketing order amended, and all of the terms and regulations for different markets would programs, reports and forms are conditions thereof, would tend to help Oregon and Washington hazelnuts periodically reviewed to reduce effectuate the declared policy of the Act; compete in foreign markets and information requirements and (2) The marketing order, as amended, maintain U.S. market share. It is duplication by industry and public and as hereby proposed to be further estimated that 80 to 90 percent of sector agencies. amended, regulates the handling of hazelnuts grown in the production area product is already being treated, and Civil Justice Reform thus, the cost has already been (Oregon and Washington) in the same incorporated into the price purchasers The amendments to the order manner as, and is applicable only to, pay. proposed herein have been reviewed persons in the respective classes of One witness noted that shipments to under Executive Order 12988, Civil commercial and industrial activity the European Union may require Justice Reform. They are not intended to specified in the marketing order upon different regulations since this market have retroactive effect. If adopted, the which a hearing has been held; prefers certain treatment processes. proposed amendments would not (3) The marketing order, as amended, The record shows that the proposal to preempt any State or local laws, and as hereby proposed to be further add authority to establish different regulations, or policies, unless they amended, is limited in its application to outgoing quality requirements for present an irreconcilable conflict with the smallest regional production area different markets would, in itself, have this proposal. which is practicable, consistent with no economic impact on producers or The Act provides that administrative carrying out the declared policy of the handlers of any size. Regulations proceedings must be exhausted before Act, and the issuance of several orders implemented under that authority could parties may file suit in court. Under applicable to subdivisions of the potentially impose additional costs on section 608c(15)(A) of the Act, any production area would not effectively handlers required to comply with them. handler subject to an order may file carry out the declared policy of the Act; For the reasons described above, it is with USDA a petition stating that the (4) The marketing order, as amended, determined that the benefits of adding order, any provision of the order, or any and as hereby proposed to be further authority for different market obligation imposed in connection with amended, prescribes, insofar as regulations to the order would outweigh the order is not in accordance with law practicable, such different terms the potential costs of future and request a modification of the order applicable to different parts of the implementation. or to be exempted therefrom. A handler production area as are necessary to give USDA has not identified any relevant is afforded the opportunity for a hearing due recognition to the differences in the Federal rules that duplicate, overlap or on the petition. After the hearing, USDA production and marketing of hazelnuts conflict with this proposed rule. These would rule on the petition. The Act grown in the production area; and

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(5) All handling of hazelnuts grown in § 982.45 Establishment of grade, size, and (Regional Jet Series 900) airplanes; and the production area as defined in the quality regulations. Model CL–600–2E25 (Regional Jet Series marketing order is in the current of * * * * * 1000) airplanes. AD 2016–11–02 interstate or foreign commerce or (c) Quality regulations. For any requires repetitive inspections of the directly burdens, obstructs, or affects marketing year, the Board may establish, upper and lower engine pylons for such commerce. with the approval of the Secretary, such protruding, loose, or missing fasteners; A 30-day comment period is provided minimum quality and inspection and repair if necessary. Since we issued to allow interested persons to respond requirements applicable to hazelnuts to AD 2016–11–02, we have determined to this proposal. Thirty days is deemed facilitate the reduction of pathogens as that a terminating action is necessary to appropriate because these proposed will contribute to orderly marketing or address the unsafe condition. This changes have already been widely will be in the public interest. In such proposed AD would continue to require publicized, and the Board and industry marketing year, no handler shall handle the repetitive inspections of the upper would like to avail themselves of the hazelnuts unless they meet applicable and lower engine pylons for protruding, opportunity to exercise the new minimum quality and inspection loose, or missing fasteners; and repair if authority. All written exceptions requirements as evidenced by necessary. This proposed AD would received within the comment period certification acceptable to the Board. also require replacement of affected will be considered, and a producer (d) Different regulations for different fasteners, which terminates the referendum will be conducted before markets. The Board may, with the inspections. We are proposing this AD any of these proposals are implemented. approval of the Secretary, recommend to address the unsafe condition on these different outgoing quality requirements products. List of Subjects in 7 CFR Part 982 for different markets. The Board, with DATES: We must receive comments on Hazelnuts, Marketing agreements, the approval of the Secretary, may this proposed AD by July 27, 2017. establish rules and regulations Nuts, Reporting and recordkeeping ADDRESSES: You may send comments, requirements. necessary and incidental to the using the procedures found in 14 CFR administration of this provision. 11.43 and 11.45, by any of the following Recommended Further Amendment of ■ 6. Amend § 982.46 by adding the Marketing Order methods: paragraph (d) to read as follows: • Federal eRulemaking Portal: Go to For the reasons set out in the http://www.regulations.gov. Follow the preamble, 7 CFR part 982 is proposed to § 982.46 Inspection and certification. * * * * * instructions for submitting comments. be amended as follows: • Fax: 202–493–2251. (d) Whenever quality regulations are • PART 982—HAZELNUTS GROWN IN in effect pursuant to § 982.45, each Mail: U.S. Department of OREGON AND WASHINGTON handler shall certify that all product to Transportation, Docket Operations, be handled or credited in satisfaction of M–30, West Building Ground Floor, ■ 1. The authority citation for 7 CFR a restricted obligation meets the quality Room W12–140, 1200 New Jersey part 982 continues to read as follows: regulations as prescribed. Avenue SE., Washington, DC 20590. • Hand Delivery: Deliver to Mail Authority: 7 U.S.C. 601–674. Dated: June 5, 2017. address above between 9 a.m. and 5 ■ 2. Revise § 982.12 to read as follows: Bruce Summers, p.m., Monday through Friday, except Acting Administrator, Agricultural Marketing Federal holidays. § 982.12 Merchantable hazelnuts. Service. For service information identified in Merchantable hazelnuts means [FR Doc. 2017–11946 Filed 6–9–17; 8:45 am] this NPRM, contact Bombardier, Inc., inshell hazelnuts that meet the grade, BILLING CODE 3410–02–P 400 Coˆte Vertu Road West, Dorval, size, and quality regulations in effect Que´bec H4S 1Y9, Canada; telephone pursuant to § 982.45 and are likely to be 514–855–5000; fax 514 855–7401; email available for handling as inshell DEPARTMENT OF TRANSPORTATION [email protected]; Internet hazelnuts. http://www.bombardier.com. You may ■ 3. Amend § 982.40 by revising Federal Aviation Administration view this referenced service information paragraph (d) to read as follows: at the FAA, Transport Airplane 14 CFR Part 39 Directorate, 1601 Lind Avenue SW., § 982.40 Marketing policy and volume regulation. [Docket No. FAA–2017–0530; Directorate Renton, WA. For information on the Identifier 2017–NM–012–AD] availability of this material at the FAA, * * * * * call 425–227–1221. (d) Grade, size, and quality RIN 2120–AA64 regulations. Prior to September 20, the Examining the AD Docket Airworthiness Directives; Bombardier, Board may consider grade, size, and You may examine the AD docket on Inc., Airplanes quality regulations in effect and may the Internet at http:// recommend modifications thereof to the AGENCY: Federal Aviation www.regulations.gov by searching for Secretary. Administration (FAA), DOT. and locating Docket No. FAA–2017– * * * * * ACTION: Notice of proposed rulemaking 0530; or in person at the Docket ■ 4. Revise the undesignated center (NPRM). Management Facility between 9 a.m. heading prior to § 982.45 to read as and 5 p.m., Monday through Friday, follows: SUMMARY: We propose to supersede except Federal holidays. The AD docket Airworthiness Directive (AD) 2016–11– contains this proposed AD, the Grade, Size, and Quality Regulation 02, which applies to all Bombardier, regulatory evaluation, any comments ■ 5. In § 982.45: Inc., Model CL–600–2C10 (Regional Jet received, and other information. The ■ a. Revise the section heading; and Series 700, 701, & 702) airplanes; Model street address for the Docket Operations ■ b. Add new paragraphs (c) and (d). CL–600–2D15 (Regional Jet Series 705) office (telephone 800–647–5527) is in The revisions should read as follows: airplanes; Model CL–600–2D24 the ADDRESSES section. Comments will

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be available in the AD docket shortly necessary. We issued AD 2016–11–02 to www.regulations.gov by searching for after receipt. detect and correct protruding, loose, or and locating Docket No. FAA–2017– FOR FURTHER INFORMATION CONTACT: Aziz missing fasteners, which could result in 0530. Ahmed, Aerospace Engineer, Airframe structural failure of the engine pylons. Since we issued AD 2016–11–02, we Related Service Information Under 1 and Mechanical Systems Branch, ANE– CFR Part 51 171, FAA, New York Aircraft have determined that a terminating Certification Office, 1600 Stewart action is necessary to address the unsafe Bombardier, Inc., issued Service Avenue, Suite 410, Westbury, NY condition. In addition, Transport Bulletin 670BA–54–007, dated May 13, 11590; telephone 516–228–7329; fax Canada Civil Aviation (TCCA), which is 2016. The service information describes 516–794–5531. the aviation authority for Canada, has procedures for replacing fasteners and issued Canadian Airworthiness collars, including applicable related SUPPLEMENTARY INFORMATION: Directive CF–2016–10R1, dated July 8, investigative and corrective actions. Comments Invited 2016 (referred to after this as the Bombardier, Inc., also issued Repair We invite you to send any written Mandatory Continuing Airworthiness Engineering Order 670–54–51–034, relevant data, views, or arguments about Information, or ‘‘the MCAI’’), to correct ‘‘Repair for Missing or Loose/Protruding this proposed AD. Send your comments an unsafe condition for all Bombardier, Fasteners in Upper and Lower Pylon to an address listed under the Inc., Model CL–600–2C10 (Regional Jet Skins FS 1088–FS 1098, PBL 69.3 L & Series 700, 701, & 702) airplanes; Model ADDRESSES section. Include ‘‘Docket No. RHS,’’ Revision A, dated April 20, 2016. FAA–2017–0530; Directorate Identifier CL–600–2D15 (Regional Jet Series 705) The service information describes 2017–NM–012–AD’’ at the beginning of airplanes; Model CL–600–2D24 procedures for repair, including your comments. We specifically invite (Regional Jet Series 900) airplanes; and applicable related investigative and comments on the overall regulatory, Model CL–600–2E25 (Regional Jet Series corrective actions. economic, environmental, and energy 1000) airplanes. The MCAI states: In addition, Bombardier, Inc., issued aspects of this proposed AD. We will There have been several reported findings Temporary Revision 54–0007, dated consider all comments received by the of loose or missing Hi-Lite fasteners and March 8, 2016, to the CRJ700/900/1000 closing date and may amend this collars on the left hand (L/H) and right hand AMM. The service information (R/H) upper and lower engine pylon describes procedures for a detailed proposed AD based on those comments. structure common to the upper and lower We will post all comments we pylon skin panels and engine thrust fitting. visual inspection for protruding, loose, receive, without change, to http:// Missing fasteners in these areas are shown to or missing fasteners of the left-hand and www.regulations.gov, including any significantly reduce the safety margins and right-hand upper and lower engine personal information you provide. We could result in a structural failure of the pylons. will also post a report summarizing each engine pylon. This service information is reasonably substantive verbal contact we receive Bombardier, as an interim corrective action available because the interested parties issued a new Aircraft Maintenance Manual have access to it through their normal about this proposed AD. (AMM) task for detailed inspection of the course of business or by the means Discussion engine pylon rib and skin fasteners to inspect for protruding, loose or missing fasteners and identified in the ADDRESSES section. On May 17, 2016, we issued AD rectify any discrepancies noted in accordance FAA’s Determination and Requirements 2016–11–02, Amendment 39–18529 (81 with a Repair Engineering Order (REO). The of This Proposed AD FR 33371, May 26, 2016) (‘‘AD 2016– original version of this [Canadian] AD, CF– 11–02’’), for all Bombardier, Inc., Model 2016–10, mandated the subject inspection This product has been approved by CL–600–2C10 (Regional Jet Series 700, and necessary rectification. the aviation authority of another 701, & 702) airplanes; Model CL–600– Bombardier has since issued Service country, and is approved for operation Bulletin (SB) 670BA–54–007 to replace all 2D15 (Regional Jet Series 705) airplanes; affected fasteners with interference fit in the United States. Pursuant to our Model CL–600–2D24 (Regional Jet fasteners [including applicable related bilateral agreement with the State of Series 900) airplanes; and Model CL– investigative and corrective actions], as Design Authority, we have been notified 600–2E25 (Regional Jet Series 1000) terminating action for the mandated of the unsafe condition described in the airplanes. AD 2016–11–02 was inspection requirement. [Canadian] AD CF– MCAI and service information prompted by reports of loose or missing 2016–10 is now being revised to mandate referenced above. We are proposing this fasteners on the upper and lower engine compliance with SB 670BA–54–007. AD because we evaluated all pertinent pylon structure common to the upper Related investigative actions include information and determined an unsafe and lower pylon skin panels and engine measurements of the attach holes in the condition exists and is likely to exist or thrust fitting. AD 2016–11–02 requires engine pylon upper structure and develop on other products of these same repetitive detailed visual inspections of special detailed visual inspections for type designs. the upper and lower engine pylons for cracks in the engine pylon structure. Costs of Compliance protruding, loose, or missing fasteners; Corrective actions include repair. You and repair, including applicable related may examine the MCAI in the AD We estimate that this proposed AD investigative and corrective actions, if docket on the Internet at http:// affects 273 airplanes of U.S. registry.

ESTIMATED COSTS

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

Inspection (retained from AD 1 work-hour × $85 per hour = $0 $85 per inspection cycle ...... $23,205 per inspection cycle. 2016–11–02). $85 per inspection cycle. Replacement (new action) ..... 43 work-hours × $85 per hour 1,808 $5,463 per inspection cycle ... $1,491,399 per inspection = $3,655 per inspection cycle. cycle.

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

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Repair (retained from AD 2016–11–02) ...... Up to 32 work-hours × $85 per hour = $2,720 ...... (1) Up to $2,720. 1 We have received no definitive data that would enable us to provide cost estimates for the parts cost specified in this proposed AD for the on-condition repairs.

Authority for This Rulemaking The Proposed Amendment engine thrust fitting. We are issuing this AD to prevent protruding, loose, or missing Title 49 of the United States Code Accordingly, under the authority fasteners, which could result in structural specifies the FAA’s authority to issue delegated to me by the Administrator, failure of the engine pylons. rules on aviation safety. Subtitle I, the FAA proposes to amend 14 CFR part (f) Compliance section 106, describes the authority of 39 as follows: the FAA Administrator. ‘‘Subtitle VII: Comply with this AD within the Aviation Programs,’’ describes in more PART 39—AIRWORTHINESS compliance times specified, unless already done. detail the scope of the Agency’s DIRECTIVES authority. ■ (g) Retained Inspection, With a Reference To 1. The authority citation for part 39 Terminating Action We are issuing this rulemaking under continues to read as follows: the authority described in ‘‘Subtitle VII, This paragraph restates the requirements of Authority: 49 U.S.C. 106(g), 40113, 44701. Part A, Subpart III, Section 44701: paragraph (g) of AD 2016–11–02, with a reference to new terminating action. At the General requirements.’’ Under that § 39.13 [Amended] applicable time specified in paragraph (g)(1) section, Congress charges the FAA with ■ 2. The FAA amends § 39.13 by or (g)(2) of this AD: Do a detailed visual promoting safe flight of civil aircraft in removing Airworthiness Directive (AD) inspection for protruding, loose, or missing air commerce by prescribing regulations 2016–11–02, Amendment 39–18529 (81 fasteners of the upper and lower engine for practices, methods, and procedures FR 33371, May 26, 2016), and adding pylons, in accordance with Bombardier the Administrator finds necessary for the following new AD: Temporary Revision (TR) 54–0007, dated safety in air commerce. This regulation March 8, 2016, to the CRJ700/900/1000 Bombardier, Inc.: Docket No. FAA–2017– Aircraft Maintenance Manual. Repeat the is within the scope of that authority 0530; Directorate Identifier 2017–NM– because it addresses an unsafe condition inspection thereafter at intervals not to 012–AD. exceed 1,500 flight hours. Accomplishment that is likely to exist or develop on (a) Comments Due Date of the replacement required by paragraph (j) products identified in this rulemaking of this AD is terminating action for the action. We must receive comments by July 27, inspections required by this paragraph. 2017. Regulatory Findings (1) For airplanes that have accumulated (b) Affected ADs more than 840 total flight hours as of June 10, 2016 (the effective date of AD 2016–11– We determined that this proposed AD This AD replaces AD 2016–11–02, 02): Inspect within 660 flight hours or 3 would not have federalism implications Amendment 39–18529 (81 FR 33371, May 26, months, whichever occurs first, after June 10, under Executive Order 13132. This 2016) (‘‘AD 2016–11–02’’). 2016. proposed AD would not have a (c) Applicability (2) For airplanes that have accumulated substantial direct effect on the States, on 840 total flight hours or less as of June 10, the relationship between the national This AD applies to the airplanes identified in paragraphs (c)(1) through (c)(4) of this AD, 2016 (the effective date of AD 2016–11–02): Government and the States, or on the certificated in any category. Inspect before the accumulation of 1,500 total distribution of power and (1) Bombardier, Inc., Model CL–600–2C10 flight hours. responsibilities among the various (Regional Jet Series 700, 701, & 702) (h) Retained Repair, With New Service levels of government. airplanes, serial numbers (S/Ns) 10002 Information through 10344, inclusive. For the reasons discussed above, I This paragraph restates the requirements of certify this proposed regulation: (2) Bombardier, Inc., Model CL–600–2D15 (Regional Jet Series 705) airplanes, S/Ns paragraph (h) of AD 2016–11–02, with new 1. Is not a ‘‘significant regulatory 15001 through 15388 inclusive, 15391, service information. If any protruding, loose, action’’ under Executive Order 12866; 15392, and 15395. or missing fastener is found during any 2. Is not a ‘‘significant rule’’ under the (3) Bombardier, Inc., Model CL–600–2D24 inspection required by paragraph (g) of this DOT Regulatory Policies and Procedures (Regional Jet Series 900) airplanes, S/Ns AD, before further flight, repair, including (44 FR 11034, February 26, 1979); 15001 through 15388 inclusive, 15391, applicable related investigative and 15392, and 15395. corrective actions, in accordance with 3. Will not affect intrastate aviation in Bombardier Repair Engineering Order (REO) Alaska; and (4) Bombardier, Inc., Model CL–600–2E25 (Regional Jet Series 1000) airplanes, S/Ns 670–54–51–034, ‘‘Repair for Missing or 4. Will not have a significant 19001 through 19044 inclusive. Loose/Protruding Fasteners in Upper and economic impact, positive or negative, Lower Pylon Skins FS 1088–FS 1098, PBL on a substantial number of small entities (d) Subject 69.3 L & RHS,’’ dated March 7, 2016, or under the criteria of the Regulatory Air Transport Association (ATA) of Revision A, dated April 20, 2016; except Flexibility Act. America Code 54, Nacelles/Pylons. where Bombardier REO 670–54–51–034, ‘‘Repair for Missing or loose/Protruding List of Subjects in 14 CFR Part 39 (e) Reason Fasteners in Upper and Lower Pylon Skins This AD was prompted by reports of loose FS 1088–FS 1098, PBL 69.3 L & RHS,’’ dated Air transportation, Aircraft, Aviation or missing fasteners and collars on the upper March 7, 2016; or Revision A, dated April 20, safety, Incorporation by reference, and lower engine pylon structure common to 2016; specifies to contact Bombardier for Safety. the upper and lower pylon skin panels and further instruction, before further flight,

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repair using a method approved by the FAA, New York ACO, 1600 Stewart Avenue, Dassault Aviation Model FALCON 7X Manager, New York Aircraft Certification Suite 410, Westbury, NY 11590; telephone airplanes. This proposed AD was Office (ACO), ANE–170, FAA; or TCCA; or 516–228–7300; fax 516–794–5531. Before prompted by a review showing that Bombardier, Inc.’s TCCA Design Approval using any approved AMOC, notify your inadequate clearance may exist between Organization (DAO). As of the effective date appropriate principal inspector, or lacking a of this AD, use Bombardier REO 670–54–51– principal inspector, the manager of the local certain electrical wiring and nearby 034, ‘‘Repair for Missing or Loose/Protruding flight standards district office/certificate structures. This proposed AD would Fasteners in Upper and Lower Pylon Skins holding district office. require an inspection of certain FS 1088–FS 1098, PBL 69.3 L & RHS,’’ (2) Contacting the Manufacturer: For any electrical wiring bundles and feeders, Revision A, dated April 20, 2016, for the requirement in this AD to obtain corrective modifications, and corrective actions if actions required by this paragraph. actions from a manufacturer, the action must necessary. We are proposing this AD to be accomplished using a method approved (i) Retained Credit for Previous Actions, address the unsafe condition on these by the Manager, New York ACO, ANE–170, products. With No Changes FAA; or Transport Canada Civil Aviation This paragraph restates paragraph (i) of AD (TCCA); or Bombardier, Inc.’s TCCA DAO. If DATES: We must receive comments on 2016–11–02, with no changes. This approved by the DAO, the approval must this proposed AD by July 27, 2017. paragraph provides credit only for the initial include the DAO-authorized signature. ADDRESSES: You may send comments, inspection specified in paragraph (g) of this AD, if that action was performed before June (n) Related Information using the procedures found in 14 CFR 10, 2016 (the effective date of AD 2016–11– (1) Refer to Mandatory Continuing 11.43 and 11.45, by any of the following 02) using Bombardier Reference Instruction Airworthiness Information (MCAI) Canadian methods: Letter 4212, dated December 23, 2015; or AD CF–2016–10R1, dated July 8, 2016, for • Federal eRulemaking Portal: Go to Bombardier Reference Instruction Letter related information. This MCAI may be http://www.regulations.gov. Follow the 4212A, Revision A, dated January 28, 2016. found in the AD docket on the Internet at instructions for submitting comments. http://www.regulations.gov by searching for • Fax: 202–493–2251. (j) New Requirements of This AD: Fastener and locating Docket No. FAA–2017–0530. • and Collar Replacement Mail: U.S. Department of (2) For more information about this AD, Transportation, Docket Operations, M– Within 12,600 flight hours or 72 months contact Aziz Ahmed, Aerospace Engineer, 30, West Building Ground Floor, Room after the effective date of this AD, whichever Airframe and Mechanical Systems Branch, occurs first: Replace affected fasteners and ANE–171, FAA, New York ACO, 1600 W12–140, 1200 New Jersey Avenue SE., collars, including doing all applicable related Washington, DC 20590. Stewart Avenue, Suite 410, Westbury, NY • investigative and corrective actions, in 11590; telephone 516–228–7329; fax 516– Hand Delivery: Deliver to Mail accordance with the Accomplishment 794–5531. address above between 9 a.m. and 5 Instructions of Bombardier Service Bulletin (3) For service information identified in p.m., Monday through Friday, except 670BA–54–007, dated May 13, 2016. Where this AD, contact Bombardier, Inc., 400 Coˆte Federal holidays. Bombardier Service Bulletin 670BA–54–007, Vertu Road West, Dorval, Que´bec H4S 1Y9, For service information identified in dated May 13, 2016, specifies to contact Canada; telephone 514–855–5000; fax 514 this NPRM, contact Dassault Falcon Jet Bombardier for appropriate action: Before 855–7401; email thd.crj@ further flight, accomplish the applicable Corporation, Teterboro Airport, P.O. aero.bombardier.com; Internet http:// Box 2000, South Hackensack, NJ 07606; corrective action in accordance with the www.bombardier.com. You may view this procedures specified in paragraph (m)(2) of service information at the FAA, Transport telephone 201–440–6700; Internet this AD. Airplane Directorate, 1601 Lind Avenue SW., http://www.dassaultfalcon.com. You (k) Terminating Action for the Introductory Renton, WA. For information on the may view this referenced service Text to Paragraph (g) of This AD availability of this material at the FAA, call information at the FAA, Transport 425–227–1221. Airplane Directorate, 1601 Lind Avenue Accomplishing the replacement required by paragraph (j) of this AD constitutes Issued in Renton, Washington, on May 24, SW., Renton, WA. For information on terminating action for the inspections 2017. the availability of this material at the required by the introductory text to Michael Kaszycki, FAA, call 425–227–1221. paragraph (g) of this AD. Acting Manager, Transport Airplane Examining the AD Docket Directorate, Aircraft Certification Service. (l) Credit for Previous Actions You may examine the AD docket on This paragraph provides credit for the [FR Doc. 2017–11278 Filed 6–9–17; 8:45 am] the Internet at http:// actions specified in paragraph (j) of this AD, BILLING CODE 4910–13–P www.regulations.gov by searching for if that action was performed before the and locating Docket No. FAA–2017– effective date of this AD using Bombardier REO 670–54–51–035, ‘‘Permanent Repair for DEPARTMENT OF TRANSPORTATION 0532; or in person at the Docket Clearance Fit Installed (-8) Size Fasteners in Management Facility between 9 a.m. Upper and Lower Pylon Skins FS 1088–FS Federal Aviation Administration and 5 p.m., Monday through Friday, 1098, PBL 69.3 L & RHS & Terminating except Federal holidays. The AD docket Action for GREO 670–54–51–034,’’ dated 14 CFR Part 39 contains this proposed AD, the April 20, 2016. regulatory evaluation, any comments [Docket No. FAA–2017–0532; Directorate (m) Other FAA AD Provisions received, and other information. The Identifier 2016–NM–203–AD] The following provisions also apply to this street address for the Docket Operations AD: RIN 2120–AA64 office (telephone 800–647–5527) is in (1) Alternative Methods of Compliance the ADDRESSES section. Comments will (AMOCs): The Manager, New York ACO, Airworthiness Directives; Dassault be available in the AD docket shortly ANE–170, FAA, has the authority to approve Aviation Airplanes after receipt. AMOCs for this AD, if requested using the AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Tom procedures found in 14 CFR 39.19. In Rodriguez, Aerospace Engineer, accordance with 14 CFR 39.19, send your Administration (FAA), DOT. request to your principal inspector or local ACTION: Notice of proposed rulemaking International Branch, ANM–116, Flight Standards District Office, as (NPRM). Transport Airplane Directorate, FAA, appropriate. If sending information directly 1601 Lind Avenue SW., Renton, WA to the ACO, send it to: ATTN: The Program SUMMARY: We propose to adopt a new 98057–3356; telephone 425–227–1137; Manager, Continuing Operational Safety, airworthiness directive (AD) for certain fax 425–227–1149.

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SUPPLEMENTARY INFORMATION: possibly resulting in loss of several functions proposed AD would require additional essential for safe flight. inspections and modifications that Comments Invited To initially address this potential unsafe differ from those in AD 2011–14–04. condition, [Dassault Aviation] DA developed We invite you to send any written This proposed AD would not relevant data, views, or arguments about some interim modifications (mod) addressing the risk of short circuit and fluid leakage, and terminate any action in AD 2011–14–04; this proposed AD. Send your comments rather, both AD actions are necessary to to an address listed under the EASA issued AD 2010–0029 (later revised) [which corresponds to FAA AD 2011–14–04, adequately address the unsafe ADDRESSES section. Include ‘‘Docket No. Amendment 39–16739 (76 FR 39256, July 6, condition. FAA–2017–0532; Directorate Identifier 2011) (‘‘AD 2011–14–04’’)] to require 2016–NM–203–AD’’ at the beginning of embodiment of those modifications in- Related Service Information Under 1 your comments. We specifically invite service. CFR Part 51 comments on the overall regulatory, Since EASA AD 2010–0029R1 was issued, We reviewed Dassault Service economic, environmental, and energy DA developed another set of modifications, Bulletin 7X–056, Revision 1, dated July aspects of this proposed AD. We will available for in-service application through consider all comments received by the Service Bulletin (SB) F7X–056, which are 20, 2016. This service information closing date and may amend this considered the final solutions for this unsafe describes a one-time inspection of proposed AD based on those comments. condition. certain wiring bundles and feeders, and For the reasons described above, this We will post all comments we corrective actions. This service [EASA] AD requires a one-time [general information is reasonably available receive, without change, to http:// visual] inspection [for worn or damaged www.regulations.gov, including any because the interested parties have wiring or connectors due to inadequate access to it through their normal course personal information you provide. We clearance between wiring and nearby will also post a report summarizing each structures] of the affected electrical wiring of business or by the means identified substantive verbal contact we receive and, depending on findings, corrective in the ADDRESSES section. about this proposed AD. action(s) and modification of the aeroplane. FAA’s Determination and Requirements Discussion Corrective actions include modifying of This Proposed AD the clamping and routing; adding new The European Aviation Safety Agency brackets, clamps, and cable protections; This product has been approved by (EASA), which is the Technical Agent replacing damaged parts; and improving the aviation authority of another for the Member States of the European connections using lock wires. You may country, and is approved for operation Union, has issued EASA Airworthiness examine the MCAI in the AD docket on in the United States. Pursuant to our Directive 2016–0230, dated November the Internet at http:// bilateral agreement with the State of 21, 2016 (referred to after this as the www.regulations.gov by searching for Design Authority, we have been notified Mandatory Continuing Airworthiness and locating Docket No. FAA–2017– of the unsafe condition described in the Information, or ‘‘the MCAI’’), to correct 0532. MCAI and service information an unsafe condition for certain Dassault referenced above. We are proposing this Aviation Model FALCON 7X airplanes. Related Rulemaking AD because we evaluated all pertinent The MCAI states: AD 2011–14–04 requires inspections information and determined an unsafe A review of the wiring and tubing lay-out for damage to wiring bundles and condition exists and is likely to exist or showed that there may be low clearance feeders; and, if necessary, repairs, develop on other products of the same between electrical wiring and nearby modifications, and installation of a type design. structure. Although no in-service incident hydraulic pipe. These actions were Costs of Compliance has been reported, the minimum clearances considered interim actions to ensure could deteriorate over time. We estimate that this proposed AD This condition, if not detected and that the minimum required clearance corrected, could lead to interference or and adequate protection existed among affects 51 airplanes of U.S. registry. contact with structure, provoking an the hydraulic pipe, electrical wiring, We estimate the following costs to electrical short circuit or fluid leakage, and the airplane structure. This comply with this proposed AD:

ESTIMATED COSTS

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

Inspection and modifications ...... 31 work-hours × $85 per hour = $2,635 ...... $7,660 $10,295 $525,045

We have received no definitive data We are issuing this rulemaking under products identified in this rulemaking that would enable us to provide cost the authority described in ‘‘Subtitle VII, action. estimates for the on-condition actions Part A, Subpart III, Section 44701: Regulatory Findings specified in this proposed AD. General requirements.’’ Under that Authority for This Rulemaking section, Congress charges the FAA with We determined that this proposed AD promoting safe flight of civil aircraft in would not have federalism implications Title 49 of the United States Code air commerce by prescribing regulations under Executive Order 13132. This specifies the FAA’s authority to issue for practices, methods, and procedures proposed AD would not have a rules on aviation safety. Subtitle I, the Administrator finds necessary for substantial direct effect on the States, on section 106, describes the authority of safety in air commerce. This regulation the relationship between the national the FAA Administrator. ‘‘Subtitle VII: is within the scope of that authority Government and the States, or on the Aviation Programs,’’ describes in more because it addresses an unsafe condition distribution of power and detail the scope of the Agency’s that is likely to exist or develop on responsibilities among the various authority. levels of government.

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For the reasons discussed above, I (f) Compliance any approved AMOC, notify your appropriate certify this proposed regulation: Comply with this AD within the principal inspector, or lacking a principal 1. Is not a ‘‘significant regulatory compliance times specified, unless already inspector, the manager of the local flight done. standards district office/certificate holding action’’ under Executive Order 12866; district office. 2. Is not a ‘‘significant rule’’ under the (g) Inspection, Modification, and Corrective (2) Contacting the Manufacturer: For any DOT Regulatory Policies and Procedures Actions requirement in this AD to obtain corrective (44 FR 11034, February 26, 1979); Within 99 months or 4,100 flight cycles, actions from a manufacturer, the action must 3. Will not affect intrastate aviation in whichever occurs first, since the date of be accomplished using a method approved by the Manager, International Branch, ANM– Alaska; and issuance of the original airworthiness certificate or date of issuance of the original 116, Transport Airplane Directorate, FAA; or 4. Will not have a significant export certificate of airworthiness; or within the European Aviation Safety Agency economic impact, positive or negative, 60 days after the effective date of this AD; (EASA); or Dassault Aviation’s EASA Design on a substantial number of small entities whichever occurs later; do a general visual Organization Approval (DOA). If approved by under the criteria of the Regulatory inspection of the affected electrical wirings of the DOA, the approval must include the Flexibility Act. the airplane for worn or damaged wiring or DOA-authorized signature. connectors due to inadequate clearance (j) Related Information List of Subjects in 14 CFR Part 39 between wiring and nearby structures, accomplish all applicable corrective actions, (1) Refer to Mandatory Continuing Air transportation, Aircraft, Aviation and modify the airplane, in accordance with Airworthiness Information (MCAI) EASA safety, Incorporation by reference, the Accomplishment Instructions of Dassault Airworthiness Directive 2016–0230, dated Safety. Service Bulletin 7X–056, Revision 1, dated November 21, 2016, for related information. This MCAI may be found in the AD docket The Proposed Amendment July 20, 2016, as specified in table 1 to paragraph (g) of this AD. Do all applicable on the Internet at http://www.regulations.gov by searching for and locating Docket No. Accordingly, under the authority corrective actions before further flight. The ‘‘Dassault Service Bulletin 7X–056 Section’’ FAA–2017–0532. delegated to me by the Administrator, (2) For more information about this AD, the FAA proposes to amend 14 CFR part identified in table 1 to paragraph (g) of this AD is not required for airplanes on which a contact Tom Rodriguez, Aerospace Engineer, 39 as follows: corresponding Dassault modification has International Branch, ANM–116, Transport been embodied in production, as identified Airplane Directorate, FAA, 1601 Lind PART 39—AIRWORTHINESS in the ‘‘Excluded’’ column in table 1 to Avenue SW., Renton, WA 98057–3356; DIRECTIVES paragraph (g) of this AD. telephone 425–227–1137; fax 425–227–1149. (3) For service information identified in this AD, contact Dassault Falcon Jet ■ 1. The authority citation for part 39 TABLE 1 TO PARAGRAPH (g) OF THIS continues to read as follows: Corporation, Teterboro Airport, P.O. Box AD—APPLICABLE SECTIONS OF 2000, South Hackensack, NJ 07606; Authority: 49 U.S.C. 106(g), 40113, 44701. DASSAULT SERVICE BULLETIN 7X– telephone 201–440–6700; Internet http:// www.dassaultfalcon.com. You may view this § 39.13 [Amended] 056, REVISION 1, DATED JULY 20, 2016 service information at the FAA, Transport ■ 2. The FAA amends § 39.13 by adding Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the the following new airworthiness Dassault service bulletin Excluded directive (AD): 7X–056 section availability of this material at the FAA, call 425–227–1221. Dassault Aviation: Docket No. FAA–2017– 7X–056–1 ...... Post-mod M876. Issued in Renton, Washington, on June 2, 0532; Directorate Identifier 2016–NM– 7X–056–2 ...... Post-mod M897. 2017. 203–AD. 7X–056–3 ...... Post-mod M900. 7X–056–4 ...... S/N 132 to 215 inclusive. Michael Kaszycki, (a) Comments Due Date 7X–056–5 ...... Post-mod M954. 7X–056–6 ...... Post-mod M980. Acting Manager, Transport Airplane We must receive comments by July 27, 7X–056–7 ...... Post-mod M1021. Directorate, Aircraft Certification Service. 2017. 7X–056–8 ...... None. [FR Doc. 2017–12057 Filed 6–9–17; 8:45 am] (b) Affected ADs BILLING CODE 4910–13–P (h) Credit for Previous Actions None. This paragraph provides credit for actions (c) Applicability required by paragraph (g) of this AD, if those DEPARTMENT OF TRANSPORTATION This AD applies to Dassault Aviation actions were performed before the effective Model FALCON 7X airplanes, certificated in date of this AD using Dassault Service Federal Aviation Administration any category, serial numbers (S/N) 2 through Bulletin 7X–056, issued October 30, 2014. 215 inclusive. (i) Other FAA AD Provisions 14 CFR Part 39 (d) Subject The following provisions also apply to this [Docket No. FAA–2017–0554; Directorate Air Transport Association (ATA) of AD: Identifier 2016–NM–201–AD] (1) Alternative Methods of Compliance America Code 20, Standard Practices RIN 2120–AA64 Airframe—Electrical Wiring. (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane (e) Reason Directorate, FAA, has the authority to Airworthiness Directives; Airbus This AD was prompted by a review that approve AMOCs for this AD, if requested Airplanes showed that low clearance may exist between using the procedures found in 14 CFR 39.19. AGENCY: Federal Aviation certain electrical wiring and nearby In accordance with 14 CFR 39.19, send your Administration (FAA), DOT. structures. We are issuing this AD to detect request to your principal inspector or local and correct inadequate clearances between Flight Standards District Office, as ACTION: Notice of proposed rulemaking electrical wiring and nearby structures, appropriate. If sending information directly (NPRM). which could lead to interference or contact to the manager of the International Branch, with a structure and cause an electrical short send it to the attention of the person SUMMARY: We propose to adopt a new circuit or fluid leakage. This could result in identified in paragraph (j)(2) of this AD. airworthiness directive (AD) for all the loss of several functions essential for safe Information may be emailed to: 9-ANM-116- Airbus Model A300 series airplanes; flight. [email protected]. Before using Model A300 B4–600, B4–600R, and F4–

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600R series airplanes, and Model A300 FOR FURTHER INFORMATION CONTACT: Dan determine if the repair(s) or damage(s) found C4–605R Variant F airplanes Rodina, Aerospace Engineer, stay within the limits indicated in the latest (collectively called Model A300–600 International Branch, ANM–116, SRM issue (including temporary revisions). series airplanes); and Model A310 series Transport Airplane Directorate, FAA, For the reason described above, this [EASA] AD requires accomplishment of an airplanes. This proposed AD was 1601 Lind Avenue SW., Renton, WA inspection of the aeroplane records. If prompted by a static analysis performed 98057–3356; telephone 425–227–2125; aeroplane records are missing or incomplete, by Airbus that revealed that some areas fax 425–227–1149. a Detail Inspection (DET) of specific wing of the wing structure cannot sustain the SUPPLEMENTARY INFORMATION: areas is required to ensure that no repair or damage previously published in certain damage is beyond the limits allowed in the structural repair manuals. This Comments Invited current revision of the SRM (including proposed AD would require an We invite you to send any written temporary revisions) [and repair if inspection to determine that no repair or relevant data, views, or arguments about necessary]. damage to certain wing areas is beyond this proposed AD. Send your comments You may examine the MCAI in the the allowable limits; and repair if to an address listed under the AD docket on the Internet at http:// necessary. We are proposing this AD to ADDRESSES section. Include ‘‘Docket No. www.regulations.gov by searching for address the unsafe condition on these FAA–2017–0554; Directorate Identifier and locating Docket No. FAA–2017– products. 2016–NM–201–AD’’ at the beginning of 0554. your comments. We specifically invite DATES: We must receive comments on Related Service Information Under 1 this proposed AD by July 27, 2017. comments on the overall regulatory, economic, environmental, and energy CFR Part 51 ADDRESSES: You may send comments, aspects of this proposed AD. We will using the procedures found in 14 CFR We reviewed the following Airbus consider all comments received by the 11.43 and 11.45, by any of the following Service Information. closing date and may amend this • methods: Airbus Service Bulletin A300–57– • Federal eRulemaking Portal: Go to proposed AD based on those comments. 0256, Revision 00, dated August 3, 2015 We will post all comments we http://www.regulations.gov. Follow the (Airbus Model A300 series airplanes). receive, without change, to http:// • instructions for submitting comments. Airbus Service Bulletin A300–57– • Fax: 202–493–2251. www.regulations.gov, including any 6114, Revision 00, dated August 3, 2015 • Mail: U.S. Department of personal information you provide. We (for Model A300 B4–600, B4–600R, and Transportation, Docket Operations, M– will also post a report summarizing each F4–600R series airplanes, and Model 30, West Building Ground Floor, Room substantive verbal contact we receive A300 C4–605R Variant F airplanes W12–140, 1200 New Jersey Avenue SE., about this proposed AD. (collectively called Model A300–600 Washington, DC 20590. Discussion series airplanes). • Hand Delivery: Deliver to Mail • Airbus Service Bulletin A310–57– The European Aviation Safety Agency address above between 9 a.m. and 5 2102, Revision 00, dated August 3, 2015 (EASA), which is the Technical Agent p.m., Monday through Friday, except (for Model A310 series airplanes). for the Member States of the European Federal holidays. This service information describes an For service information identified in Union, has issued EASA Airworthiness inspection of the airplane maintenance this NPRM, contact Airbus SAS, Directive 2016–0229, dated November records or a detailed inspection of the Airworthiness Office—EAW, 1 Rond 15, 2016 (referred to after this as the left-hand and right-hand wing areas to Point Maurice Bellonte, 31707 Blagnac Mandatory Continuing Airworthiness determine whether any repair or damage Cedex, France; telephone +33 5 61 93 36 Information, or ‘‘the MCAI’’), to correct is beyond the allowable limits in the 96; fax +33 5 61 93 44 51; email an unsafe condition for all Airbus current revision of the SRM, and repair [email protected]; Model A300 series airplanes; Model if necessary. These documents are Internet http://www.airbus.com. You A300 B4–600, B4–600R, and F4–600R distinct since they apply to different may view this referenced service series airplanes, and Model A300 C4– airplane models in different information at the FAA, Transport 605R Variant F airplanes (collectively configurations. This service information Airplane Directorate, 1601 Lind Avenue called Model A300–600 series is reasonably available because the SW., Renton, WA. For information on airplanes); and Model A310 series interested parties have access to it the availability of this material at the airplanes. The MCAI states: through their normal course of business FAA, call 425–227–1221. A static analysis performed by Airbus on or by the means identified in the A300, A310, A300–600, and A300–600ST ADDRESSES section. Examining the AD Docket aeroplanes, revealed that some areas of the You may examine the AD docket on wing structure cannot sustain the damage FAA’s Determination and Requirements the Internet at http:// previously published in the A300, A310, of This Proposed AD A300–600, and A300–600ST Structural www.regulations.gov by searching for Repair Manuals (SRM). This product has been approved by and locating Docket No. FAA–2017– The SRMs were therefore amended to the aviation authority of another 0554; or in person at the Docket reduce the dimensions of allowable damage country, and is approved for operation Management Facility between 9 a.m. and to indicate the areas of the wing in the United States. Pursuant to our and 5 p.m., Monday through Friday, structure where damage is no longer bilateral agreement with the State of except Federal holidays. The AD docket acceptable. Design Authority, we have been notified contains this proposed AD, the This condition, if not detected, could of the unsafe condition described in the regulatory evaluation, any comments reduce the structural integrity of the wings. MCAI and service information received, and other information. The Consequently, Airbus issued Service referenced above. We are proposing this Bulletins (SB) A300–57–0256, A310–57– street address for the Docket Operations 2102, A300–57–6114, and A300–57–9027 AD because we evaluated all pertinent office (telephone 800–647–5527) is in (hereafter referred to as ‘‘the applicable information and determined an unsafe the ADDRESSES section. Comments will Airbus SB’’), as applicable for A300, A310, condition exists and is likely to exist or be available in the AD docket shortly A300–600, and A300–600ST aeroplanes, to develop on other products of these same after receipt. inspect the areas identified in these SBs and type designs.

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Costs of Compliance We estimate the following costs to We estimate that this proposed AD comply with this proposed AD: affects 128 airplanes of U.S. registry.

ESTIMATED COSTS

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

Inspection ...... Up to 18 work-hours × $85 per hour = $0 Up to $1,530 ...... Up to $195,840. $1,530.

We have received no definitive data List of Subjects in 14 CFR Part 39 integrity of the wings and could result in loss of control of the airplane. that would enable us to provide cost Air transportation, Aircraft, Aviation estimates for the on-condition actions safety, Incorporation by reference, (f) Compliance specified in this proposed AD. Safety. Comply with this AD within the Authority for This Rulemaking compliance times specified, unless already The Proposed Amendment done. Title 49 of the United States Code Accordingly, under the authority (g) Inspection specifies the FAA’s authority to issue delegated to me by the Administrator, Within 36 months after the effective date rules on aviation safety. Subtitle I, the FAA proposes to amend 14 CFR part section 106, describes the authority of of this AD: Do a detailed inspection of the 39 as follows: left- and right-hand wing areas to determine the FAA Administrator. ‘‘Subtitle VII: whether any repair or damage exceeds the Aviation Programs,’’ describes in more PART 39—AIRWORTHINESS allowable structural limits, in accordance detail the scope of the Agency’s DIRECTIVES with the Accomplishment Instructions of the authority. applicable service information specified in We are issuing this rulemaking under ■ 1. The authority citation for part 39 paragraph (i) of this AD. A review of airplane the authority described in ‘‘Subtitle VII, continues to read as follows: maintenance records is acceptable in lieu of this inspection if it can be positively Part A, Subpart III, Section 44701: Authority: 49 U.S.C. 106(g), 40113, 44701. determined from that review whether any General requirements.’’ Under that repair or damage exceeds the allowable section, Congress charges the FAA with § 39.13 [Amended] structural limits and the airplane promoting safe flight of civil aircraft in ■ 2. The FAA amends § 39.13 by adding configuration can be conclusively air commerce by prescribing regulations the following new airworthiness determined from that review. for practices, methods, and procedures directive (AD): (h) Corrective Action the Administrator finds necessary for Airbus: Docket No. FAA–2017–0554; If, during any review or inspection, as safety in air commerce. This regulation Directorate Identifier 2016–NM–201–AD. required by paragraph (g) of this AD, any is within the scope of that authority repair or damage is found that is outside the (a) Comments Due Date because it addresses an unsafe condition allowable structural limits specified in the that is likely to exist or develop on We must receive comments by July 27, applicable service information in paragraph products identified in this rulemaking 2017. (i) of this AD: Within 3 months after accomplishing the review or inspection action. (b) Affected ADs required by paragraph (g) of this AD, repair Regulatory Findings None. using a method approved by the Manager, (c) Applicability International Branch, ANM–116, Transport We determined that this proposed AD Airplane Directorate, FAA; or the European would not have federalism implications This AD applies to Airbus Model A300 B2– Aviation Safety Agency (EASA); or Airbus’s under Executive Order 13132. This 1A, B2–1C, B2K–3C, B2–203, B4–2C, B4–103, EASA Design Organization Approval (DOA). proposed AD would not have a and B4–203 airplanes; Model A300 B4–600, substantial direct effect on the States, on B4–600R, and F4–600R series airplanes, and (i) Service Information for the Actions Specified in Paragraph (g) of This AD the relationship between the national Model A300 C4–605R Variant F airplanes Government and the States, or on the (collectively called Model A300–600 series Use the applicable service information for airplanes); and Model A310–203, –204, –221, the actions specified in paragraph (g) of this distribution of power and –222, –304, –322, –324, and –325 airplanes, AD. responsibilities among the various certificated in any category, all manufacturer (1) Airbus Service Bulletin A300–57–0256, levels of government. serial numbers. Revision 00, dated August 3, 2015 (for Airbus For the reasons discussed above, I Model A300 series airplanes). (d) Subject certify this proposed regulation: (2) Airbus Service Bulletin A300–57–6114, 1. Is not a ‘‘significant regulatory Air Transport Association (ATA) of Revision 00, dated August 3, 2015 (for Model America Code 57, Wings. action’’ under Executive Order 12866; A300 B4–600, B4–600R, and F4–600R series airplanes, and Model A300 C4–605R Variant (e) Reason 2. Is not a ‘‘significant rule’’ under the F airplanes (collectively called Model A300– DOT Regulatory Policies and Procedures This AD was prompted by a static analysis 600 series airplanes)). (44 FR 11034, February 26, 1979); performed by Airbus that revealed that some (3) Airbus Service Bulletin A310–57–2102, 3. Will not affect intrastate aviation in areas of the wing structure cannot sustain the Revision 00, dated August 3, 2015 (for Model Alaska; and damage previously published in the A300, A310 series airplanes). A310, A300–600, and A300–600ST 4. Will not have a significant Structural Repair Manuals. We are issuing (j) Other FAA AD Provisions economic impact, positive or negative, this AD to detect and correct any repair or The following provisions also apply to this on a substantial number of small entities damage on the wing structure that is outside AD: under the criteria of the Regulatory the allowable structural limits. Such (1) Alternative Methods of Compliance Flexibility Act. conditions could reduce the structural (AMOCs): The Manager, International

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Branch, ANM–116, Transport Airplane DEPARTMENT OF TRANSPORTATION Examining the AD Docket Directorate, FAA, has the authority to You may examine the AD docket on approve AMOCs for this AD, if requested Federal Aviation Administration the Internet at http:// using the procedures found in 14 CFR 39.19. www.regulations.gov by searching for In accordance with 14 CFR 39.19, send your 14 CFR Part 39 and locating Docket No. FAA–2017– request to your principal inspector or local 0553; or in person at the Docket Flight Standards District Office, as [Docket No. FAA–2017–0553; Directorate Management Facility between 9 a.m. appropriate. If sending information directly Identifier 2016–NM–208–AD] and 5 p.m., Monday through Friday, to the manager of the International Branch, except Federal holidays. The AD docket send it to the attention of the person RIN 2120–AA64 contains this proposed AD, the identified in paragraph (k)(2) of this AD. Airworthiness Directives; The Boeing regulatory evaluation, any comments Information may be emailed to: 9-ANM-116- Company Airplanes [email protected]. Before using received, and other information. The any approved AMOC, notify your appropriate street address for the Docket Office AGENCY: Federal Aviation (phone: 800–647–5527) is in the principal inspector, or lacking a principal Administration (FAA), DOT. inspector, the manager of the local flight ADDRESSES section. Comments will be ACTION: Notice of proposed rulemaking standards district office/certificate holding available in the AD docket shortly after (NPRM). district office. receipt. FOR FURTHER INFORMATION CONTACT: (2) Contacting the Manufacturer: For any SUMMARY: We propose to adopt a new requirement in this AD to obtain corrective airworthiness directive (AD) for all The Sean Schauer, Aerospace Engineer, actions from a manufacturer, the action must Boeing Company Model 787–8 and 787– Systems and Equipment Branch, ANM– be accomplished using a method approved 9 airplanes. This proposed AD was 130S, FAA, Seattle Aircraft Certification by the Manager, International Branch, ANM– prompted by a report that the Parking Office (ACO), 1601 Lind Avenue SW., 116, Transport Airplane Directorate, FAA; or Brake and Alternate Pitch Trim Module Renton, WA 98057–3356; phone: 425– the EASA; or Airbus’s EASA DOA. If (PBM) may unintentionally disengage, 917–6479; fax: 425–917–6590; email: approved by the DOA, the approval must fail to set, fail to release, or become [email protected]. include the DOA-authorized signature. jammed. This proposed AD would SUPPLEMENTARY INFORMATION: (k) Related Information require replacing the PBM and doing a Comments Invited PBM installation test. We are proposing (1) Refer to Mandatory Continuing We invite you to send any written Airworthiness Information (MCAI) EASA AD this AD to address the unsafe condition on these products. relevant data, views, or arguments about 2016–0229, dated November 15, 2016, for this proposed AD. Send your comments DATES: We must receive comments on related information. This MCAI may be to an address listed under the found in the AD docket on the Internet at this proposed AD by July 27, 2017. ADDRESSES section. Include ‘‘Docket No. http://www.regulations.gov by searching for ADDRESSES: You may send comments, FAA–2017–0553; Directorate Identifier and locating Docket No. FAA–2017–0554. using the procedures found in 14 CFR 2016–NM–208–AD’’ at the beginning of (2) For more information about this AD, 11.43 and 11.45, by any of the following your comments. We specifically invite contact Dan Rodina, Aerospace Engineer, methods: comments on the overall regulatory, International Branch, ANM–116, Transport • Federal eRulemaking Portal: Go to economic, environmental, and energy Airplane Directorate, FAA, 1601 Lind http://www.regulations.gov. Follow the aspects of this proposed AD. We will Avenue SW., Renton, WA 98057–3356; instructions for submitting comments. consider all comments received by the telephone 425–227–2125; fax 425–227–1149. • Fax: 202–493–2251. closing date and may amend this (3) For service information identified in • Mail: U.S. Department of proposed AD because of those this AD, contact Airbus SAS, Airworthiness Transportation, Docket Operations, M– Office—EAW, 1 Rond Point Maurice comments. 30, West Building Ground Floor, Room We will post all comments we Bellonte, 31707 Blagnac Cedex, France; W12–140, 1200 New Jersey Avenue SE., telephone +33 5 61 93 36 96; fax +33 5 61 receive, without change, to http:// Washington, DC 20590. www.regulations.gov, including any 93 44 51; email account.airworth-eas@ • Hand Delivery: Deliver to Mail airbus.com; Internet http://www.airbus.com. personal information you provide. We address above between 9 a.m. and 5 will also post a report summarizing each You may view this service information at the p.m., Monday through Friday, except FAA, Transport Airplane Directorate, 1601 substantive verbal contact we receive Federal holidays. Lind Avenue SW., Renton, WA. For about this proposed AD. For service information identified in information on the availability of this this NPRM, contact Boeing Commercial Discussion material at the FAA, call 425–227–1221. Airplanes, Attention: Contractual & Data We have received a report indicating Issued in Renton, Washington, on June 2, Services (C&DS), 2600 Westminster that the current PBM may 2017. Blvd., MC 110–SK57, Seal Beach, CA unintentionally disengage, fail to set, Michael Kaszycki, 90740–5600; telephone: 562–797–1717; fail to release, or become jammed. The Acting Manager, Transport Airplane Internet: https:// procedure for releasing the parking Directorate, Aircraft Certification Service. www.myboeingfleet.com. You may view brake requires depressing the brake [FR Doc. 2017–12055 Filed 6–9–17; 8:45 am] this referenced service information at pedals. The current PBM can be BILLING CODE 4910–13–P the FAA, Transport Airplane disengaged without depressing the Directorate, 1601 Lind Avenue SW., brake pedals. Operators may experience Renton, WA. For information on the error messages, jammed PBM solenoid, availability of this material at the FAA, unintended parking brake release, and call 425–227–1221. It is also available the inability to set or release the parking on the Internet at http:// brake. An unintended parking brake www.regulations.gov by searching for release could result in damage to the and locating Docket No. FAA–2017– airplane and be a hazard to persons or 0553. property on the ground.

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Related Service Information Under 1 Proposed AD Requirements limited to certain The Boeing Company CFR Part 51 This proposed AD would require Model 787–8 and 787–9 airplanes. We reviewed Boeing Service Bulletin accomplishing the actions specified in However, the applicability of this B787–81205–SB320028–00, Issue 001, the service information described proposed AD includes all Model 787–8 dated October 31, 2016. The service previously. For information on the and 787–9 airplanes. Because the information describes procedures for procedures and compliance times, see affected parts are rotable parts, we have replacing the PBM and doing a PBM this service information at http:// determined that these parts could later installation test. This service www.regulations.gov by searching for be installed on airplanes that were information is reasonably available and locating Docket No. FAA–2017– initially delivered with acceptable parts, because the interested parties have 0553. thereby subjecting those airplanes to the access to it through their normal course The phrase ‘‘corrective actions’’ is unsafe condition. This difference has of business or by the means identified used in this proposed AD. Corrective been coordinated with Boeing. in the ADDRESSES section. actions correct or address any condition found. Corrective actions in an AD Costs of Compliance FAA’s Determination could include, for example, repairs. We are proposing this AD because we We estimate that this proposed AD evaluated all the relevant information Differences Between This Proposed AD affects 68 airplanes of U.S. registry. We and determined the unsafe condition and the Service Information estimate the following costs to comply described previously is likely to exist or The effectivity of Boeing Service with this proposed AD: develop in other products of the same Bulletin B787–81205–SB320028–00, type design. Issue 001, dated October 31, 2016, is

ESTIMATED COSTS

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

Inspection ...... 1 work-hour × $85 per hour = $85 ...... $0 Up to $85 ...... Up to $5,780. PBM replacement and test ...... 4 work-hours × $85 per hour = $340 ..... 9,655 9,995 ...... 679,660.

Authority for This Rulemaking (1) Is not a ‘‘significant regulatory (a) Comments Due Date Title 49 of the United States Code action’’ under Executive Order 12866, We must receive comments by July 27, specifies the FAA’s authority to issue (2) Is not a ‘‘significant rule’’ under 2017. the DOT Regulatory Policies and rules on aviation safety. Subtitle I, (b) Affected ADs Procedures (44 FR 11034, February 26, section 106, describes the authority of None. the FAA Administrator. Subtitle VII: 1979), Aviation Programs, describes in more (3) Will not affect intrastate aviation (c) Applicability in Alaska, and detail the scope of the Agency’s This AD applies to all The Boeing (4) Will not have a significant authority. Company Model 787–8 and 787–9 airplanes, We are issuing this rulemaking under economic impact, positive or negative, certificated in any category. on a substantial number of small entities the authority described in Subtitle VII, (d) Subject Part A, Subpart III, Section 44701: under the criteria of the Regulatory ‘‘General requirements.’’ Under that Flexibility Act. Air Transport Association (ATA) of America Code 32; Landing gear. section, Congress charges the FAA with List of Subjects in 14 CFR Part 39 (e) Unsafe Condition promoting safe flight of civil aircraft in Air transportation, Aircraft, Aviation air commerce by prescribing regulations safety, Incorporation by reference, This AD was prompted by a report that the for practices, methods, and procedures Safety. Parking Brake and Alternate Pitch Trim the Administrator finds necessary for Module (PBM) may unintentionally safety in air commerce. This regulation The Proposed Amendment disengage, fail to set, fail to release, or become jammed. We are issuing this AD to is within the scope of that authority Accordingly, under the authority because it addresses an unsafe condition prevent an unintended parking brake release, delegated to me by the Administrator, which could result in damage to the airplane that is likely to exist or develop on the FAA proposes to amend 14 CFR part products identified in this rulemaking and be a hazard to persons or property on the 39 as follows: ground. action. (f) Compliance Regulatory Findings PART 39—AIRWORTHINESS DIRECTIVES Comply with this AD within the We determined that this proposed AD compliance times specified, unless already would not have federalism implications ■ 1. The authority citation for part 39 done. under Executive Order 13132. This continues to read as follows: (g) Inspection and Replacement proposed AD would not have a Authority: 49 U.S.C. 106(g), 40113, 44701. substantial direct effect on the States, on For airplanes on which the original the relationship between the national § 39.13 [Amended] airworthiness certificate or the original ■ export certificate of airworthiness was issued Government and the States, or on the 2. The FAA amends § 39.13 by adding on or before the effective date of this AD: distribution of power and the following new airworthiness Within 60 months after the effective date of responsibilities among the various directive (AD): this AD, inspect the PBM to determine the levels of government. The Boeing Company: Docket No. FAA– part number. A review of airplane For the reasons discussed above, I 2017–0553; Directorate Identifier 2016– maintenance or delivery records is acceptable certify this proposed regulation: NM–208–AD. in lieu of the inspection if the part number

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of the PBM can be conclusively determined (j) Related Information DATES: We must receive comments on from that review. (1) For more information about this AD, this proposed AD by July 27, 2017. (1) If the PBM is Rockwell Collins part contact Sean Schauer, Aerospace Engineer, ADDRESSES: You may send comments, number (P/N) 4260–0037–5: No further Systems and Equipment Branch, ANM–130S, action is required by this paragraph. using the procedures found in 14 CFR FAA, Seattle ACO, 1601 Lind Avenue SW., 11.43 and 11.45, by any of the following (2) If the PBM is Rockwell Collins P/N Renton, WA 98057–3356; phone: 425–917– 4260–0037–3 or –4: Within 60 months after methods: 6479; fax: 425–917–6590; email: • the effective date of this AD, install PBM P/ [email protected]. Federal eRulemaking Portal: Go to N 4260–0037–5, do the PBM installation test, (2) For service information identified in http://www.regulations.gov. Follow the and do all applicable corrective actions, in this AD, contact Boeing Commercial instructions for submitting comments. accordance with the Accomplishment Airplanes, Attention: Contractual & Data • Fax: 202–493–2251. Instructions of Boeing Service Bulletin B787– Services (C&DS), 2600 Westminster Blvd., • Mail: U.S. Department of 81205–SB320028–00, Issue 001, dated MC 110–SK57, Seal Beach, CA 90740–5600; Transportation, Docket Operations, M– October 31, 2016. Do all applicable corrective telephone: 562–797–1717; Internet: https:// actions before further flight. 30, West Building Ground Floor, Room www.myboeingfleet.com. You may view this W12–140, 1200 New Jersey Avenue SE., referenced service information at the FAA, (h) Parts Installation Prohibition Washington, DC 20590. Transport Airplane Directorate, 1601 Lind • As of the effective date of this AD, no Avenue SW., Renton, WA. For information Hand Delivery: U.S. Department of person may install on any airplane, a PBM on the availability of this material at the Transportation, Docket Operations, M– having Rockwell Collins P/N 4260–0037–3 FAA, call 425–227–1221. 30, West Building Ground Floor, Room or –4. Issued in Renton, Washington, on June 2, W12–140, 1200 New Jersey Avenue SE., (i) Alternative Methods of Compliance 2017. Washington, DC, between 9 a.m. and 5 (AMOCs) Michael Kaszycki, p.m., Monday through Friday, except Federal holidays. (1) The Manager, Seattle Aircraft Acting Manager, Transport Airplane Certification Office (ACO), FAA, has the Directorate, Aircraft Certification Service. For service information identified in authority to approve AMOCs for this AD, if this NRPM, contact Airbus SAS, requested using the procedures found in 14 [FR Doc. 2017–12058 Filed 6–9–17; 8:45 am] Airworthiness Office–EAW, 1 Rond CFR 39.19. In accordance with 14 CFR 39.19, BILLING CODE 4910–13–P Point Maurice Bellonte, 31707 Blagnac send your request to your principal inspector Cedex, France; telephone: +33 5 61 93 or local Flight Standards District Office, as 36 96; fax: +33 5 61 93 44 51; email: appropriate. If sending information directly DEPARTMENT OF TRANSPORTATION to the manager of the ACO, send it to the continued.airworthiness-wb.external@ attention of the person identified in Federal Aviation Administration airbus.com; Internet http:// paragraph (j)(1) of this AD. Information may www.airbus.com. You may view this be emailed to: 9-ANM-Seattle-ACO-AMOC- 14 CFR Part 39 referenced service information at the [email protected]. FAA, Transport Airplane Directorate, (2) Before using any approved AMOC, [Docket No. FAA–2017–0533; Directorate 1601 Lind Avenue SW., Renton, WA. notify your appropriate principal inspector, Identifier 2016–NM–156–AD] Examining the AD Docket or lacking a principal inspector, the manager RIN 2120–AA64 of the local flight standards district office/ You may examine the AD docket on certificate holding district office. Airworthiness Directives; Airbus the Internet at http:// (3) An AMOC that provides an acceptable Airplanes www.regulations.gov by searching for level of safety may be used for any repair, and locating Docket No. FAA–2017– modification, or alteration required by this AGENCY: Federal Aviation 0533; or in person at the Docket AD if it is approved by the Boeing Administration (FAA), DOT. Commercial Airplanes Organization Management Facility between 9 a.m. ACTION: Notice of proposed rulemaking Designation Authorization (ODA) that has and 5 p.m., Monday through Friday, been authorized by the Manager, Seattle (NPRM). except Federal holidays. The AD docket ACO, to make those findings. To be SUMMARY: We propose to adopt a new contains this proposed AD, the approved, the repair method, modification regulatory evaluation, any comments deviation, or alteration deviation must meet airworthiness directive (AD) for all Airbus Model A300 B4–603 and A300 received, and other information. The the certification basis of the airplane, and the street address for the Docket Operations approval must specifically refer to this AD. B4–622 airplanes; Model A300 B4–600R (4) For service information that contains series airplanes; Model A300 C4–605R office (telephone 800–647–5527) is in steps that are labeled as Required for Variant F airplanes; Model A300 F4– the ADDRESSES section. Comments will Compliance (RC), the provisions of 600R series airplanes; and Model A310– be available in the AD docket shortly paragraphs (i)(4)(i) and (i)(4)(ii) of this AD 203, A310–221, A310–222, A310–304, after receipt. apply. A310–322, A310–324, and A310–325 FOR FURTHER INFORMATION CONTACT: Dan (i) The steps labeled as RC, including airplanes. This proposed AD was Rodina, Aerospace Engineer, substeps under an RC step and any figures International Branch, ANM–116, identified in an RC step, must be done to prompted by an evaluation by the comply with the AD. If a step or substep is design approval holder (DAH) that Transport Airplane Directorate, FAA, labeled ‘‘RC Exempt,’’ then the RC indicates that a section of the fuselage 1601 Lind Avenue SW., Renton, WA requirement is removed from that step or structure above the forward cargo door 98057–3356; telephone 425–227–2125; substep. An AMOC is required for any is subject to widespread fatigue damage fax 425–227–1149. deviations to RC steps, including substeps (WFD). This proposed AD would SUPPLEMENTARY INFORMATION: and identified figures. require an inspection for cracks of the (ii) Steps not labeled as RC may be fastener and tooling holes at certain Comments Invited deviated from using accepted methods in locations and a check of the diameter of We invite you to send any written accordance with the operator’s maintenance or inspection program without obtaining the holes, and repair or modification of relevant data, views, or arguments about approval of an AMOC, provided the RC steps, the affected fuselage structure if this proposed AD. Send your comments including substeps and identified figures, can necessary. We are proposing this AD to to an address listed under the still be done as specified, and the airplane address the unsafe condition on these ADDRESSES section. Include ‘‘Docket No. can be put back in an airworthy condition. products. FAA–2017–0533; Directorate Identifier

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2016–NM–156–AD’’ at the beginning of rule may not fly an airplane beyond its the affected fuselage structure if your comments. We specifically invite LOV, unless an extended LOV is necessary. You may examine the MCAI comments on the overall regulatory, approved. in the AD docket on the Internet at economic, environmental, and energy The WFD rule (75 FR 69746, http://www.regulations.gov by searching aspects of this proposed AD. We will November 15, 2010) does not require for and locating Docket No. FAA–2017– consider all comments received by the identifying and developing maintenance 0533. closing date and may amend this actions if the DAHs can show that such proposed AD based on those comments. actions are not necessary to prevent Related Service Information Under 1 We will post all comments we WFD before the airplane reaches the CFR Part 51 receive, without change, to http:// LOV. Many LOVs, however, do depend Airbus issued the following service www.regulations.gov, including any on accomplishment of future information: personal information you provide. We maintenance actions. As stated in the • Airbus Service Bulletin A300–53– will also post a report summarizing each WFD rule, any maintenance actions 6187, Revision 00, dated May 31, 2016. substantive verbal contact we receive necessary to reach the LOV will be This service information describes about this proposed AD. mandated by airworthiness directives procedures for a rototest inspection for Discussion through separate rulemaking actions. cracks of the fastener and tooling holes In the context of WFD, this action is at certain locations, a check of the Structural fatigue damage is necessary to enable DAHs to propose diameter of the holes, repair, and progressive. It begins as minute cracks, LOVs that allow operators the longest modification of the affected fuselage and those cracks grow under the action operational lives for their airplanes, and structure by reinforcing the frames of repeated stresses. This can happen still ensure that WFD will not occur. between right hand FR 20 RH and FR 25 because of normal operational This approach allows for an RH, or FR 21 RH and FR 25 RH, conditions and design attributes, or implementation strategy that provides depending on the configuration; and because of isolated situations or flexibility to DAHs in determining the reinforcing the frame couplings between incidents such as material defects, poor timing of service information stringer STGR 20 RH and STGR 23 RH. fabrication quality, or corrosion pits, development (with FAA approval), • dings, or scratches. Fatigue damage can Airbus Service Bulletin A310–53– while providing operators with certainty 2145, Revision 00, dated May 31, 2016. occur locally, in small areas or regarding the LOV applicable to their structural design details, or globally. This service information describes airplanes. procedures for a rototest inspection for Global fatigue damage is general The European Aviation Safety Agency degradation of large areas of structure cracks of the fastener and tooling holes (EASA), which is the Technical Agent at certain locations, a check of the with similar structural details and stress for the Member States of the European levels. Multiple-site damage is global diameter of the holes, repair, and Union, has issued EASA Airworthiness modification of the affected fuselage damage that occurs in a large structural Directive AD 2016–0178, dated element such as a single rivet line of a structure by reinforcing the frames September 12, 2016 (referred to after between right hand FR20 RH and FR25 lap splice joining two large skin panels. this as the Mandatory Continuing Global damage can also occur in RH; and reinforcing the frame couplings Airworthiness Information, or ‘‘the between STGR 20 RH and STGR 23 RH. multiple elements such as adjacent MCAI’’), to correct an unsafe condition This service information is reasonably frames or stringers. Multiple-site- for all Airbus Model A300 series available because the interested parties damage and multiple-element-damage airplanes. The MCAI states: cracks are typically too small initially to have access to it through their normal be reliably detected with normal In the frame of the Widespread Fatigue course of business or by the means inspection methods. Without Damage (WFD) analysis, some structural identified in the ADDRESSES section. areas were identified as requiring intervention, these cracks will grow, embodiment of a structural modification. FAA’s Determination and Requirements and eventually compromise the This condition, if not corrected, could of This Proposed AD structural integrity of the airplane, in a reduce the fuselage structural integrity. condition known as WFD. As an To address this unsafe condition, Airbus This product has been approved by airplane ages, WFD will likely occur, issued Service Bulletin (SB) A310–53–2145 the aviation authority of another and will certainly occur if the airplane and SB A300–53–6187 to provide country, and is approved for operation is operated long enough without any instructions for structural reinforcement of in the United States. Pursuant to our intervention. the fuselage frames (FR) between FR20 Right bilateral agreement with the State of The FAA’s WFD final rule (75 FR Hand side (RH) and FR25 RH and the frame Design Authority, we have been notified 69746, November 15, 2010) became couplings between stringer (STGR) 20 RH of the unsafe condition described in the and STGR23 RH, hereafter collectively effective on January 14, 2011. The WFD referred to as ‘the affected fuselage structure’ MCAI and service information rule requires certain actions to prevent in this [EASA] AD. referenced above. We are proposing this structural failure due to WFD For the reason described above, this AD because we evaluated all pertinent throughout the operational life of [EASA] AD requires accomplishment of a information and determined an unsafe certain existing transport category one-time special detailed inspection (SDI) of condition exists and is likely to exist or airplanes and all transport category the fastener and tooling holes, and develop on other products of the same airplanes that will be certificated in the modification of the affected fuselage type design. future. For existing and future airplanes structure. Costs of Compliance subject to the WFD rule, the rule The required actions include a requires that DAHs establish a limit of rototest inspection for cracks of the We estimate that this proposed AD validity (LOV) of the engineering data fastener and tooling holes at certain affects 132 airplanes of U.S. registry. that support the structural maintenance locations and a check of the diameter of We estimate the following costs to program. Operators affected by the WFD the holes, and repair or modification of comply with this proposed AD:

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ESTIMATED COSTS

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

Inspection, check, repair, and modification .... 45 work-hours × $85 per hour = $3,825 ...... $2,360 $6,185 $816,420

Authority for This Rulemaking PART 39—AIRWORTHINESS Airbus Service Bulletin A310–53–2145, DIRECTIVES Revision 00, dated May 31, 2016; as Title 49 of the United States Code applicable. specifies the FAA’s authority to issue ■ 1. The authority citation for part 39 rules on aviation safety. Subtitle I, (h) Repair of Detected Cracks continues to read as follows: section 106, describes the authority of If any condition specified in paragraph the FAA Administrator. ‘‘Subtitle VII: Authority: 49 U.S.C. 106(g), 40113, 44701. (h)(1) or (h)(2) of this AD is found, prior to further flight, repair in accordance with a Aviation Programs,’’ describes in more § 39.13 [Amended] detail the scope of the Agency’s method approved by the Manager, ■ 2. The FAA amends § 39.13 by adding International Branch, ANM–116, Transport authority. Airplane Directorate, FAA; or the European We are issuing this rulemaking under the following new Airworthiness Directive (AD): Aviation Safety Agency (EASA); or Airbus’s the authority described in ‘‘Subtitle VII, EASA Design Organization Approval (DOA). Part A, Subpart III, Section 44701: Airbus: Docket No. FAA–2017–0533; Concurrently with the repair, unless the General requirements.’’ Under that Directorate Identifier 2016–NM–156–AD. approved repair instructions specify section, Congress charges the FAA with (a) Comments Due Date otherwise, modify the affected structure, in promoting safe flight of civil aircraft in accordance with the Accomplishment We must receive comments by July 27, Instructions of Airbus Service Bulletin A300– air commerce by prescribing regulations 2017. for practices, methods, and procedures 53–6187, Revision 00, dated May 31, 2016; or (b) Affected ADs Airbus Service Bulletin A310–53–2145, the Administrator finds necessary for Revision 00, dated May 31, 2016; as None. safety in air commerce. This regulation applicable. is within the scope of that authority (c) Applicability (1) Any crack is found during the rototest because it addresses an unsafe condition This AD applies to Airbus airplanes inspection required by paragraph (g) of this that is likely to exist or develop on identified in paragraphs (c)(1) through (c)(5) AD. products identified in this rulemaking of this AD, certificated in any category, all (2) Any hole diameter is greater than or action. manufacturer serial numbers. equal to the maximum starting hole diameter (1) Model A300 B4–603 and A300 B4–622 specified in the Accomplishment Regulatory Findings airplanes. Instructions of Airbus Service Bulletin A300– 53–6187, Revision 00, dated May 31, 2016; or We determined that this proposed AD (2) Model A300 B4–605R and A300 B4– 622R airplanes. Airbus Service Bulletin A310–53–2145, would not have federalism implications Revision 00, dated May 31, 2016; as under Executive Order 13132. This (3) Model A300 F4–605R and A300 F4– 622R airplanes. applicable, is found during the check proposed AD would not have a (4) Model A300 C4–605R Variant F required by paragraph (g) of this AD. substantial direct effect on the States, on airplanes. (i) Modification the relationship between the national (5) Model A310–203, –221, –222, –304, If, during the actions required by paragraph Government and the States, or on the –322, –324, and –325 airplanes. distribution of power and (g) of this AD, no crack is found and the hole (d) Subject diameter is less than the maximum starting responsibilities among the various hole diameter specified in the levels of government. Air Transport Association (ATA) of America Code 53, Fuselage. Accomplishment Instructions of Airbus For the reasons discussed above, I Service Bulletin A300–53–6187, Revision 00, certify this proposed regulation: (e) Reason dated May 31, 2016; or Airbus Service 1. Is not a ‘‘significant regulatory This AD was prompted by an evaluation by Bulletin A310–53–2145, Revision 00, dated action’’ under Executive Order 12866; the design approval holder that indicates that May 31, 2016; as applicable, before further 2. Is not a ‘‘significant rule’’ under the a section of the fuselage structure above the flight, modify the affected fuselage structure, DOT Regulatory Policies and Procedures forward cargo door is subject to widespread in accordance with the Accomplishment (44 FR 11034, February 26, 1979); fatigue damage. We are issuing this AD to Instructions of Airbus Service Bulletin A300– 3. Will not affect intrastate aviation in prevent reduced structural integrity of these 53–6187, Revision 00, dated May 31, 2016; or Airbus Service Bulletin A310–53–2145, Alaska; and airplanes due to the failure of certain structural components. Revision 00, dated May 31, 2016; as 4. Will not have a significant applicable. economic impact, positive or negative, (f) Compliance (j) Other FAA AD Provisions on a substantial number of small entities Comply with this AD within the under the criteria of the Regulatory compliance times specified, unless already The following provisions also apply to this Flexibility Act. done. AD: (1) Alternative Methods of Compliance List of Subjects in 14 CFR Part 39 (g) Check and Rototest Inspection of Affected (AMOCs): The Manager, International Fastener and Tooling Holes Air transportation, Aircraft, Aviation Branch, ANM–116, Transport Airplane safety, Incorporation by reference, Before exceeding 42,500 flight cycles since Directorate, FAA, has the authority to approve AMOCs for this AD, if requested Safety. the first flight of the airplane, do a check of the diameter of the fastener holes and tooling using the procedures found in 14 CFR 39.19. The Proposed Amendment holes and a rototest inspection for cracks of In accordance with 14 CFR 39.19, send your all holes of removed fasteners and the tooling request to your principal inspector or local Accordingly, under the authority holes at the locations specified in, and in Flight Standards District Office, as delegated to me by the Administrator, accordance with, the Accomplishment appropriate. If sending information directly the FAA proposes to amend 14 CFR part Instructions of Airbus Service Bulletin A300– to the manager of the International Branch, 39 as follows: 53–6187, Revision 00, dated May 31, 2016; or send it to the attention of the person

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identified in paragraph (k)(2) of this AD. DEPARTMENT OF LABOR regulations prescribing the form and Information may be emailed to: 9-ANM-116- publication of reports required to be [email protected]. Before using Office of Labor-Management filed under Title II of the Act and such any approved AMOC, notify your appropriate Standards other reasonable rules and regulations principal inspector, or lacking a principal as he may find necessary to prevent the inspector, the manager of the local flight 29 CFR Parts 405 and 406 circumvention or evasion of the standards district office/certificate holding RIN 1245–AA07 reporting requirements. 29 U.S.C. 438. district office. Section 203, discussed in more detail (2) Contacting the Manufacturer: For any Rescission of Rule Interpreting below, sets out the substantive reporting requirement in this AD to obtain corrective ‘‘Advice’’ Exemption in Section 203(c) obligations. actions from a manufacturer, the action must of the Labor-Management Reporting The Secretary has delegated his be accomplished using a method approved and Disclosure Act authority under the LMRDA to the by the Manager, International Branch, ANM– Director of the Office of Labor- 116, Transport Airplane Directorate, FAA; or AGENCY: Office of Labor-Management Management Standards and permitted EASA; or Airbus’s EASA DOA. If approved Standards, Department of Labor. redelegation of such authority. See by the DOA, the approval must include the ACTION: Notice of proposed rulemaking; Secretary’s Order 03–2012 (Oct. 19, DOA-authorized signature. request for comments. 2012), published at 77 FR 69375 (Nov. (3) Required for Compliance (RC): If any 16, 2012). service information contains procedures or SUMMARY: This Notice of Proposed tests that are identified as RC, those Rulemaking proposes to rescind the II. Background regulations established in the final rule procedures and tests must be done to comply A. Introduction with this AD; any procedures or tests that are titled ‘‘Interpretation of the ‘Advice’ not identified as RC are recommended. Those Exemption in Section 203(c) of the The proposal to rescind the March 24, procedures and tests that are not identified Labor-Management Reporting and 2016 Rule is part of the Department’s as RC may be deviated from using accepted Disclosure Act,’’ effective April 15, continuing effort to fairly effectuate the methods in accordance with the operator’s 2016. reporting requirements of the LMRDA. maintenance or inspection program without The LMRDA generally reflects DATES: Comments must be received on obtaining approval of an AMOC, provided obligations of unions and employers to or before August 11, 2017. the procedures and tests identified as RC can conduct labor-management relations in ADDRESSES: be done and the airplane can be put back in You may submit comments, a manner that protects the rights of an airworthy condition. Any substitutions or identified by RIN 1245–AA07, only by employees to exercise their right to changes to procedures or tests identified as the following method: choose whether to be represented by a Internet—Federal eRulemaking RC require approval of an AMOC. union for purposes of collective Portal. Electronic comments may be bargaining. The LMRDA’s reporting (k) Related Information submitted through http:// provisions promote these rights by www.regulations.gov. To locate the (1) Refer to Mandatory Continuing requiring unions, employers, and labor proposed rule, use key words such as Airworthiness Information (MCAI) EASA AD relations consultants to publicly ‘‘Labor-Management Standards’’ or 2016–0178, dated September 12, 2016, for disclose information about certain ‘‘Advice Exemption’’ to search related information. You may examine the financial transactions, agreements, and documents accepting comments. Follow MCAI on the Internet at http:// arrangements. The Department believes the instructions for submitting www.regulations.gov by searching for and that a fair and transparent government locating Docket No. FAA–2017–0533. comments. Please be advised that regulatory regime must consider and (2) For more information about this AD, comments received will be posted balance the interests of labor relations contact Dan Rodina, Aerospace Engineer, without change to http:// consultants, employers, labor International Branch, ANM–116, Transport www.regulations.gov, including any organizations, their members, and the Airplane Directorate, FAA, 1601 Lind personal information provided. The public. Any change to a labor relations Avenue SW., Renton, WA 98057–3356; Paperwork Reduction Act section of this consultant’s recordkeeping, reporting telephone 425–227–1405; fax 425–227–2125. preamble provides information about and business practices must be based on Information may be emailed to: 9-ANM-116- additional comment opportunities for a demonstrated and significant need for [email protected]. the associated information collection information, consideration of the (3) For service information identified in requirements. this AD, contact Airbus SAS, Airworthiness burden associated with such reporting, FOR FURTHER INFORMATION CONTACT: Office—EAW, 1 Rond Point Maurice and any increased costs associated with Bellonte, 31707 Blagnac Cedex, France; Andrew Davis, Chief of the Division of the change. telephone: +33 5 61 93 36 96; fax: +33 5 61 Interpretations and Standards, Office of Labor-Management Standards, U.S. B. The LMRDA’s Reporting 93 44 51; email: continued.airworthiness- Requirements [email protected]; Internet http:// Department of Labor, 200 Constitution www.airbus.com. You may view this service Avenue NW., Room N–5609, In enacting the LMRDA in 1959, a information at the FAA, Transport Airplane Washington, DC 20210, (202) 693–0123 bipartisan Congress sought to protect Directorate, 1601 Lind Avenue SW., Renton, (this is not a toll-free number), (800) the rights and interests of employees, WA. For information on the availability of 877–8339 (TTY/TDD). labor organizations and the public this material at the FAA, call 425–227–1221. SUPPLEMENTARY INFORMATION: generally as they relate to the activities of labor organizations, employers, labor Issued in Renton, Washington, on June 2, I. Statutory Authority relations consultants, and their officers, 2017. The Department’s statutory authority employees, and representatives. Michael Kaszycki, is set forth in sections 203 and 208 of Section 203(a) of the LMRDA, 29 Acting Manager, Transport Airplane the LMRDA, 29 U.S.C. 432, 438. Section U.S.C. 433(a), requires employers to Directorate, Aircraft Certification Service. 208 of the LMRDA provides that the report to the Department of Labor ‘‘any [FR Doc. 2017–12056 Filed 6–9–17; 8:45 am] Secretary of Labor shall have authority agreement or arrangement with a labor BILLING CODE 4910–13–P to issue, amend, and rescind rules and relations consultant or other

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independent contractor or organization’’ the purposes thereof. This information Reports,2 Technical Assistance Aid No. under which such person ‘‘undertakes must be submitted on the prescribed 4: Guide for Employer Reporting (1960). activities where an object thereof, Form LM–21 (‘‘Receipts and Under this original interpretation, the directly or indirectly, is to persuade Disbursements Report’’) within 90 days Department required employers to employees to exercise or not to of the close of the labor relations report any ‘‘[a]rrangement with a ‘labor exercise,’’ or how to exercise, their consultant’s fiscal year. See 29 U.S.C. relations consultant’ or other third party rights to union representation and 433(b); 29 CFR part 406. to draft speeches or written material to collective bargaining. 29 U.S.C. Since at least 1963, the reporting be delivered or disseminated to 1 433(a)(4). ‘‘[A]ny payment (including requirements have required reporting by employees for the purpose of reimbursed expenses)’’ pursuant to such the prescribed forms Form LM–10, Form persuading such employees as to their an agreement or arrangement must also LM–20, and Form LM–21. 28 FR 14384, right to organize and bargain be reported. 29 U.S.C. 433(a)(5). The Dec. 27, 1963, See 29 CFR part 405, 406. collectively.’’ Id. at 18. By contrast, report must be one ‘‘showing in detail employers were not required to report the date and amount of each such LMRDA section 203(c) ensures that ‘‘[a]rrangements with a ‘labor relations payment, . . . agreement, or sections 203(a) and 203(b) are not consultant,’ or other third parties related arrangement . . . and a full explanation construed to require reporting ‘‘by exclusively to advice, representation of the circumstances of all such reason of [the consultant] giving or before a court, administrative agency, or payments, including the terms of any agreeing to give advice.’’ Section 203(c), arbitration tribunal, or engaging in agreement or understanding pursuant to referred to as the ‘‘advice’’ exemption, collective bargaining on [the which they were made.’’ This provides in pertinent part that ‘‘nothing employer’s] behalf.’’ Id. Additionally, in information must be submitted on the in this section shall be construed to opinion letters to members of the prescribed Form LM–10 (‘‘Employer require any employer or other person to public, the Department stated that a Report’’) within 90 days of the close of file a report covering the services of lawyer’s or consultant’s revision of a the employer’s fiscal year. 29 U.S.C. such person by reason of his giving or document prepared by an employer 433(a); 29 CFR part 405. agreeing to give advice to such constituted reportable activity. See 76 LMRDA section 203(b) imposes a employer.’’ 29 U.S.C. 433(c). Finally, FR 36178, 36180 (June 21, 2011) similar reporting requirement on labor LMRDA section 204 exempts from (NPRM) (citing Benjamin Naumoff, relations consultants and other persons. reporting attorney-client Reporting Requirements under the It provides, in part, that every person communications, which are defined as Labor-Management Reporting and who enters into an agreement or ‘‘information which was lawfully Disclosure Act, in Fourteenth Annual arrangement with an employer and communicated to [an] . . . attorney by Proceedings of the New York University undertakes activities where an object any of his clients in the course of a Conference on Labor 129, 140–141 thereof, directly or indirectly, is to legitimate attorney-client relationship.’’ (1961)). persuade employees to exercise or not to 29 U.S.C. 434. In 1962, the Department adopted a exercise, or how to exercise, their rights more limited view regarding the scope III. Proposal To Rescind to union representation and collective of disclosure under Section 203, bargaining ‘‘shall file within thirty days The Department proposes to rescind construing the advice exemption of after entering into such agreement or the March 24, 2016 Rule. 81 FR 15924 section 203(c) more broadly by arrangement a report with the Secretary (Mar. 25, 2016). This action would not excluding from reporting the provision . . . containing . . . a detailed affect the disclosure requirements of materials by a third party to an statement of the terms and conditions of currently in effect. The U.S. District employer that the employer could such agreement or arrangement.’’ 29 Court for the Northern District of Texas ‘‘accept or reject.’’ 3 In later years, the U.S.C. 433(b). This information must be issued a nationwide permanent Department reiterated this position— submitted on the prescribed Form LM– injunction against enforcement of the sometimes referred to as the ‘‘accept or 20 (‘‘Agreement and Activities Report’’) Rule on November 16, 2016, which reject’’ test—though sometimes within 30 days of entering into the continued a preliminary injunction that expressing doubts regarding its reportable agreement or arrangement. had been entered on June 27, 2016. soundness. See Subcommittee on Labor- See 29 U.S.C. 433; 29 CFR part 406. National Federation of Independent Management Relations, H. Comm. On A third report is relevant here. Business v. Perez (N.D. Tex. 5:16–cv– Education and Labor, The Forgotten Section 203(b) further requires that 00066–c). Although the Rule technically Law: Disclosure of Consultant and every labor relations consultant or other went into effect, its implementation was Employer Activity Under the L.M.R.D.A. person who engages in reportable enjoined before its application became (Comm. Print 1984) (statement of activity must file an additional report in mandatory, and no reports were filed or Richard Hunsucker, Director, Office of each fiscal year during which payments are due under it. The Department has Labor-Management Standards were made as a result of reportable continued to enforce the longstanding Enforcement, Labor-Management agreements or arrangements. The report and pre-existing interpretation of the Standards Administration, U.S. must contain a statement (A) of the advice exemption. Department of Labor); Subcommittee on consultant’s receipts of any kind from employers on account of labor relations 1. Administrative and Regulatory 2 The Bureau of Labor-Management Reports was advice or services, designating the History the predecessor agency to the Office of Labor- sources thereof, and (B) of the Management Standards. consultant’s disbursements of any kind, In 1960, one year after passage of the 3 See 81 FR at 15936 (quoting the agency’s 1962 Act, the Department issued its initial LMRDA Interpretive Manual as stating: ‘‘In a in connection with such services and situation where the employer is free to accept or interpretation (the ‘‘original reject the written material prepared for him and 1 The LMRDA defines a ‘‘labor relations interpretation’’) of Section 203(c)’s there is no indication that the middleman is consultant’’ as ‘‘any person who, for compensation, ‘‘advice’’ exemption. This interpretation operating under a deceptive arrangement with the advises or represents an employer, employer was reflected in a technical assistance employer, the fact that the middleman drafts the organization, or labor organization concerning material in its entirety will not in itself generally employee organizing, concerted activities, or publication for employers. U.S. Dep’t of be sufficient to require a report.’’) (emphasis collective bargaining activities.’’ 29 U.S.C. 402(m). Labor, Bureau of Labor-Management omitted).

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Labor-Management Relations, H. Comm. rise to a reporting obligation, as ‘‘an oral address the concerns that have been on Education and Labor, 4 Pressures in or written recommendation regarding a raised by reviewing courts. Rescission is Today’s Workplace 5 (Comm. Print decision or a course of conduct.’’ Id. at further proposed because the burden of 1980) (statement of William Hobgood, 15,939, 16,028 (LM–10 instructions), the Form LM–20 may have been Assistant Secretary of Labor for Labor- 16,044 (LM–20 instructions). The Rule substantially increased by the Form Management Relations). In 2001, the thus distinguishes between agreements LM–21’s requirements, and the Department issued a revised to advise a client on a proposed course Department considers it prudent to interpretation of Section 203(c), of conduct, e.g., warning an employer consider the effects of those expanding the scope of reportable that a statement in an employer-drafted requirements together. The Department activities by focusing on whether an speech would constitute an unfair labor will also consider the potential effects of activity has persuasion of employees as practice or identifying what other the Rule on attorneys and employers an object, rather than categorically companies have done, which does not seeking legal assistance. Rescission exempting activities in which a give rise to an obligation to report, and would also permit the Department to consultant has no direct contact with agreements to develop or direct that consider the impact of shifting priorities employees. See 66 FR 2782 (Jan. 11, course of conduct via an activity that and resource constraints. 2001). However, later that year, that falls under one of five categories: Direct A. The Department proposes to interpretation was rescinded, and the contact with employees, or four rescind the Rule to allow the Department returned to its prior view. categories of indirect activity (directing Department to engage in further See 66 FR 18864 (Apr. 11, 2001). supervisor activity, providing material statutory analysis. On June 21, 2011, the Department for employers to disseminate to Courts analyzing the statutory issued a notice of proposed rulemaking employees, conducting tailored reporting requirement, both before and to revise its interpretation of section seminars on the issue of unionization, after promulgation of the March 24, 203(c). 76 FR 36178. Approximately and developing or implementing 2016 Rule, have expressed uncertainty 9,000 comments were received. 81 FR at personnel policies designed to about the interaction ‘‘between the 15945. On March 24, 2016, the encourage unionization). 81 FR at coverage provisions of the LMRDA, and Department issued its final Rule, 15938. This includes providing the Act’s exemption for advice.’’ UAW addressing the comments it received. messaging on unionization, developing v. Dole, 869 F.2d 616, 618 (D.C. Cir. See 81 FR at 15945–16000. policies in order to dissuade employees 1989). Further, while some courts have That Rule—the subject of this as to the need for a union (such as a viewed the statutory exemption in proposal—requires employers and their longer lunch break or a more generous section 203(c) as making ‘‘explicit what consultants to report not only leave policy), drafting or revising was already implicit in § 203(b), to agreements or arrangements pursuant to written materials regarding unionization guard against misconstruction of which a consultant directly contacts for dissemination to employees, § 203(b),’’ see Wirtz v. Fowler, 372 F.2d employees, but also where a consultant planning ‘‘captive audience’’ meetings, 315, 330 (5th Cir. 1966), other courts engages in activities ‘‘behind the or scripting interactions between have taken a different view. See also scenes,’’ where an object is to persuade supervisors and employees, which do Donovan v. Rose Law Firm, 768 F.2d employees concerning their rights to give rise to a reporting obligation. 964, 970 (8th Cir. 1985) (‘‘we note organize and bargain collectively. Id. at Reporting under the Rule is to be initially that a reading of the language 15925. completed on the Form LM–10, which of §§ 203(b) and (c) does not plainly The Rule construes the ‘‘advice’’ employers are required to file within 90 indicate which interpretation here exemption more narrowly than the prior days of the end of their fiscal year, and advocated is to be preferred.’’). Different interpretation. In broadening the scope the Form LM–20, which consultants are courts of appeals have reached different of reportable ‘‘persuader’’ conduct, the to file within 30 days of entering into a conclusions on this question. Compare Department abandoned its position that persuader agreement and the Fowler, 372 F.2d at 330 (adopting the only direct communication between a instructions to those forms include the former approach); Donovan v. Master consultant and employees triggered the 2016 interpretations. See 81 FR at Printers Ass’n, 532 F. Supp. 1140, 1145 reporting requirement, and that any 16022–16051. The LM–10 form is a (1981), adopted by Master Printers Ass’n other activity was exempt ‘‘advice.’’ The four-page form; the LM–20 form is two v. Donovan, 699 F.2d 370 (same); fact that the employer itself delivers the pages. Much of the LM–10 form Douglas v. Wirtz, 353 F.2d 30, 32 (4th message or carries out the policy concerns employer activities not at issue Cir. 1965) (same); Humphreys, developed by a consultant would no here. The only materials required to be Hutcheson & Moseley v. Donovan, 755 longer exempt a consulting arrangement submitted along with either form are F.2d 1211 (6th Cir. 1985) (same) with from reporting. The stated purpose of written agreements to engage in Rose Law Firm, 768 F.2d at 973 this change was to ‘‘more closely reflect persuader activities, should they exist. (adopting the latter approach). the employer and consultant reporting Both forms include check boxes listing Shortly after it was issued, the Rule intended by Congress in enacting the common types of reportable persuader was challenged in three district courts, LMRDA.’’ 81 FR at 16001. The Rule activities. and the challengers sought preliminary cited evidence that the use of outside injunctive relief. Associated Builders & consultants to contest union organizing 2. Reasons for Rescission of the Rule Contractors of Arkansas v. Perez (E.D. efforts had proliferated, while the The Department proposes to rescind Ark. 4:16–cv–169); Labnet Inc. v. United number of reports filed remained the Rule to provide the Department with States Department of Labor (D. Minn. consistently small. 81 FR at 16001. The an opportunity to give more 0:16–cv–00844); National Federal of Department concluded that its previous consideration to several important Independent Business v. Perez (N.D. ‘‘broad interpretation of the advice effects of the Rule on the regulated Tex. 5: l 6–cv–00066–c). On June 22, exemption ha[d] contributed to this parties. Rescission would ensure that 2016, the Minnesota court denied the underreporting.’’ Id. any future changes to the Department’s challengers’ request for preliminary Both the preamble to the Rule and the interpretation would reflect additional relief, though the court expressed doubt instructions on the relevant forms consideration of possible alternative about some potential applications of the define ‘‘advice,’’ which does not give interpretations of the statute, and could rule. 197 F. Supp. 3d 1159 (D. Minn.

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2016). On June 27, 2016, the Texas court may fall outside the compass of a statute the disbursement, and the purpose of granted the challengers’ 4 motion, or it may satisfy an exemption under the the disbursement. Its disbursements to adopting their proposed order, and statute. Either way, no report is due. But officers and employees would be issuing a nationwide injunction against further analysis of the reasons that disclosed when made in connection implementation of the Persuader Rule. activities are not reportable would with labor relations advice or services. NFIB, Slip Op. p.89–90; 2016 WL provide further clarity to regulated The 2016 Rule made some labor 3766121 (hereafter ‘‘NFIB PI Order’’). entities and reviewing courts as they relations consultants and employers The preliminary injunction was made consider other circumstances in which who had previously not been required permanent by order of November 16, reporting might or might not be to file under the LMRDA responsible for 2016. 2016 WL 8193279. The matter required. The Department proposes filing under the LMRDA—both forms before the Arkansas court has been rescinding the rule so that, if it elects to LM–20 and LM–21. The Department stayed, and the court has not issued any change the scope of reportable activity recognized and considered the effect of substantive rulings. See Associated beyond what has been in place since the burden arising from the Form LM– Builders & Contractors Dkt. No. 80 (Dec. 1962, it can provide as thorough an 20. But it chose to defer consideration 13, 2016). explanation of its statutory of Form LM–21 issues to a separate The court’s decision in NFIB was interpretation as possible. rulemaking—one that concerned only premised in significant part on its B. The Department also proposes to the Form LM–21. conclusion that the ‘‘advice’’ exception rescind the Rule to allow the Deferral of consideration of Form LM– could be meaningful only if there were Department to consider the interaction 21 issues was motivated, in part, by the some activities that had an object to between Form LM–20 and Form LM–21. Department’s intention to engage in persuade but were nonetheless exempt The obligation to file the Form LM– parallel rulemaking for reform of the as advice. The District of Minnesota 20 and the Form LM–21 result from the scope and detail of the Form LM–21. 57 court, though rejecting a facial challenge same event: Persuader activity. FR 15992, fn 88. The Department also to the rule, also expressed concern that Section 203(b) sets forth the statutory issued a separate special enforcement the Rule was problematic in some basis for the Form LM–21. That section policy that addressed the potential that applications because of ‘‘its insistence requires every person who engages in new filers might have unique that persuader activity and advice are persuader activities to file annually a difficulties in filing the Form LM–21. mutually exclusive categories.’’ Labnet, report with the Secretary containing a https://www.dol.gov/olms/regs/ Inc., 197 F. Supp. 3d at 1168. statement of the person’s ‘‘receipts of compliance/ecr/lm21_ In the preamble to the 2016 Rule, the any kind from employers on account of specialenforce.htm. Under that special Department listed activities that it labor relations advice or services, enforcement policy, the filers of Form considered not to be reportable. See 81 designating the sources thereof,’’ and a LM–20 who must also file a Form LM– FR 15939. These activities consisted of statement of its disbursements of any 21 are not required to complete two situations where a consultant: (1) kind, in connection with those services parts of the LM–21. Provides legal advice or other legal and their purposes. See also 29 CFR As of the date of this NPRM, due to services (such as representing an 406.3 (Form LM–21 requirements). 57 shifting priorities and resource employer in court or during collective FR 15929. Thus, by statute the constraints, no proposal has been issued bargaining) (id. at 15949); (2) offers a requirement to file a Form LM–20 regarding Form LM–21. Although the persuader-services sales pitch (id. at invariably necessitates the obligation to enforcement policy addressed the 15978); (3) conducts a vulnerability file a Form LM–21, so long as any immediate effects of the Rule at issue assessment or a survey (other than a disbursement is made pursuant to the here on Form LM–21 filers, delays in a push survey, i.e. one designed to reportable persuader agreement or more plenary consideration of those influence participants and thus arrangement. issues weigh in favor of rescinding the undertaken with an object to persuade) Accordingly, an increase in the range Rule so that the consequences for both (id.); (4) revises materials, if the and number of activities that constitute forms could be considered together in revisions are to ensure legality, clarity ‘‘persuader activity’’ will increase both any future rulemaking, should the or grammatical correctness, not to the number of Form LM–20 filers and Department elect to change the increase the persuasiveness (id. at Form LM–21 filers. Each form imposes reporting requirement. 15938); (5) develops or implements a unique recordkeeping and reporting C. The Department proposes to personnel policies or actions that burden on the filer. For example, a law rescind the Rule to allow more detailed improve employee pay, benefits, or firm that contracts with an employer consideration of attorneys’ activities. working conditions, without any object and engages in persuader activity under Regulated entities have expressed to persuade employees (id. at 15938 n. the Rule will have to file a Form LM– concerns about the interaction between 26); (6) provides ‘‘off-the-shelf’’ 20 disclosing the arrangement with the the new categories of ‘‘indirect’’ materials to the employer (id. at 15938); employer, among other information. The persuasion that were created by the rule or (7) conducts a seminar without consultant/law firm would also have to and the role of attorneys in advising developing or assisting the employer in file a Form LM–21 on which it reported their clients. The new categories of developing tactics or strategies on the receipts from all employers in ‘‘indirect’’ persuasion include: unionization (id. at 15938–39). connection with labor relations advice • Drafting, revising, or providing In setting forth this list, the Rule left or services regardless of the purpose of written materials for presentation, unclear whether the activities were the advice or service. It would also dissemination, or distribution to exempt as advice, were simply not report in the aggregate the total amount employees; persuader activities, or both. An activity of the disbursements made from such • Drafting, revising, or providing a receipts, with a breakdown by office and speech for presentation to employees; 4 The plaintiffs are a number of national, state, administrative expenses, publicity, fees • Drafting, revising, or providing and local trade associations. Subsequently, on for professional service, loans, and other audiovisual or multi-media March 20, 2016, the states of Texas, Arkansas, Alabama, Indiana, Michigan, Oklahoma, South disbursement categories. The filer presentations for presentation, Carolina, Utah, West Virginia, and Wisconsin would also itemize each persuader- dissemination, or distribution to intervened. related disbursement, the recipient of employees;

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• Drafting, revising or providing Web there are more productive uses for its In the most recent ICR for the pre- site content for employees; limited resources. 2016 Form LM–10, the Department • Training supervisors or employer estimated 957 Form LM–10 reports 3. Effect of Rescission representatives to conduct individual or would be filed annually. 81 FR 15929. group employee meetings; If the Rule is rescinded, as proposed This estimate was raised to 2,777 • Coordinating or directing the here, the reporting requirements in reports for the 2016 Rule, with a total activities of supervisors or employer effect would be the requirements as they annual cost of $629,567.34. 81 FR 16015 representatives; existed before the Rule. The Forms and (Table 5). The Department returns to the • Developing employer personnel Instructions, available on the 957 figure, which is $51,655 as policies or practices; Department’s Web site, will be those estimated in the accompanying ICR • Conducting a seminar for pre-existing the Rule. These are also the submission to OIRA. The total annual supervisors or employer representatives; Forms and Instructions currently being cost savings relating the rescission of etc. used by filers, in light of the litigation the Form LM–10 is $577,912.34 ¥ 81 FR 16051. Although the and court order discussed in section ($629,567.34 $51,655 = $577,912.34) Department gave some general 2(A), above. See National Federal of Thus, the total savings from rescission consideration to concerns that the Rule Independent Business v. Perez (N.D. of Form LM–10 and Form LM–20 is would have a ‘‘chilling effect’’ on Tex. 5:l6–cv–00066–c), Slip Op. p.89– $1,198,714.50 ($620,802.16 + clients’ abilities to obtain representation 90; 2016 WL 3766121; 2016 WL $577,912.34 = $1,198,714.50). by attorneys, 81 FR 15999, the 8193279. Additionally, the Department returns to its previous estimate of 22 minutes of Department believes that the Executive Order 12866 implementation of any changed reporting and recordkeeping burden per reporting requirement in this area Executive Orders 13563 and 12866 Form LM–20 form, as opposed to the 98 minutes in the 2016 Rule. See 81 FR should include a more detailed and direct agencies to assess all costs and 15929, 16014, and 16015, Table 5. The specific analysis of how each of these benefits of available regulatory Department returns to its previous activities would, as a practical and alternatives and, if regulation is estimate of 35 minutes for reporting and factual matter, affect the behavior of the necessary, to select regulatory recordkeeping burden per Form LM–10 regulated community, with regard to approaches that maximize net benefits form, as opposed to the 147 minutes in furnishing and receiving legal services. (including potential economic, the 2016 Rule. See 81 FR 15929 and D. The Department proposes to environmental, public health and safety effects, distributive impacts, and 16015, Table 5. Finally, the Department rescind the Rule in light of limited downward adjusts the number of Form resources and competing priorities. equity). Executive Order 13563 emphasizes the importance of LM–21 reports from 258, as estimated In rejecting a challenge to the under the 2016 Rule, to the pre-2016 Department’s prior interpretation—that quantifying both costs and benefits, of reducing costs, of harmonizing rules, level of 72. We note that the analysis of a consultant incurs a reporting the 2016 final rule, which is the source obligation only when it directly and of promoting flexibility. This rule has been designated a ‘‘significant of these estimates, did not include an communicates with employees with an overhead labor cost. There are several object to persuade them—the U.S. Court regulatory action’’ although not economically significant, under section approaches to look at the cost elements of Appeals for the D.C. Circuit relied that fit the definition of overhead and 3(f) of Executive Order 12866. expressly on the Department’s ‘‘right to there are a range of overhead Accordingly, the rule has been reviewed shape [its] enforcement policy to the estimates—from 17 percent by the by the Office of Management and realities of limited resources and Environmental Protection Agency to an Budget (OMB). competing priorities.’’ International average of 77 percent by government Union, United Auto., Aerospace & Agr. The 2016 Final Rule was enjoined contractors. Implement Workers of Am. v. Dole, 869 before it became applicable, so if the The 2016 Rule described qualitative F.2d 616, 620 (D.C. Cir. 1989). The impacts of this NPRM are assessed benefits arising from the rule, stating Department’s resource constraints weigh relative to current practice, the results that it ‘‘promotes the important interests in favor of rescinding the Rule. Under would be negligible. If, on the other of the Government and the public by the prior interpretation, there are hand, the NPRM’s effects are assessed ensuring that employees will be better significantly fewer reports, which relative to a baseline in which regulated informed and thus better able to reduces the investigative resources entities comply with the 2016 Final exercise their rights.’’ 57 FR 15929. devoted to enforcing the rules on filing Rule, the rescission would result in These benefits were not quantified. As timely and complete reports. Further, annual cost savings of $1,198,714.50. described above, the Department under the prior interpretation, those Specifically, in the most recent proposes to rescind the Rule to provide case investigations generally involve Information Collection Request (ICR) for the Department with an opportunity to obtaining and reviewing the written the pre-2016 Form LM–20, the give more consideration to several agreement and interviewing employees Department estimated 387 Form LM–20 important effects of modifying the scope only. In contrast, enforcement of the reports would be filed annually. 81 FR of reporting on regulated parties. This Rule would likely involve a lengthier 15929, 16009. This estimate was raised consideration will include both benefits and more complicated investigation, to 4,194 reports for the 2016 Rule, with and burdens. examining in more detail the actions of a total annual cost of $633,932.16. 81 FR consultants and their interaction with 16015 (Table 5). The Department returns Executive Order 13771: Reducing the employers’ supervisors and other to the 387 figure, which is $13,130 in Regulation and Controlling Regulatory representatives. The investigator would total annual costs, as estimated in the Costs be required to review both the direct accompanying ICR submission to OIRA. Consistent with Executive Order reporting category and the four indirect The total annual cost savings relating 13771 (82 FR 9339, February 3, 2017), persuader categories. This is a more the rescission of the Form LM–20 is and as explained above in the Executive resource-intensive process, and the therefore $620,802.16 Order 12866 section, we have estimated Department wishes to consider whether ($633,932.16¥$13,130 = $620,802.16). the costs for this proposed rule to result

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in an annual savings of $1,198,714.50 In Paperwork Reduction Act public record and may be posted into the most recent Information Collection The Paperwork Reduction Act of 1995 the docket without redaction. The Request (ICR) for the pre-2016 Form (PRA), 44 U.S.C. 3501 et seq., provides Department strongly encourages LM–20, the Department estimated 387 that no person is required to respond to commenters not to include sensitive Form LM–20 reports would be filed a collection of information unless it information such social security annually. This estimate was raised to displays a valid OMB control number. numbers or confidential business 4,194 reports for the 2016 Rule. The In order to obtain PRA approval, a information in any comment. Department returns to the 387 figure. Federal agency must engage in a number The Department and OMB are Additionally, the Department returns to of steps, including estimating the particularly interested in comments its previous estimate of 22 minutes of burden the collection places on the that: reporting and recordkeeping burden per public and seeking public input on the • Evaluate whether the proposed Form LM–20 form, as opposed to the 98 proposed information collection. collection of information is necessary minutes in the 2016 rule. See 81 FR This proposed rule contains no new for the proper performance of the 15929, 16014, and 16015, Table 5. information collection requirements for functions of the agency, including In its most recent ICR for the pre-2016 purposes of the Paperwork Reduction whether the information will have Form LM–10, the Department estimated Act of 1995 (PRA) (44 U.S.C. 3501 et practical utility; seq.). The Department notes that, • 957 Form LM–10 reports. Thus, the Evaluate the accuracy of the consistent with the previously Department adjusts to 957 the Form agency’s estimate of the burden of the mentioned injunction, the agency LM–10 estimate of 2,777 reports set collection of information, including the already amended the information forth in the 2016 Rule. Additionally, the validity of the methodology and collection approval for Forms LM–10 Department returns to its previous assumptions used; and LM–20 and their instructions to • Enhance the quality, utility, and estimate of 35 minutes for reporting and reapply the pre-2016 versions. When recordkeeping burden per Form LM–10 clarity of the information to be issuing its approval, the OMB issued collected; and form, as opposed to the 147 minutes in clearance terms providing the • Minimize the burden of the the 2016 Rule. See 81 FR 15929 and previously approved versions of these collection of information on those who 16015, Table 5. Finally, the Department forms will remain effect until further are to respond, including through the downward adjusts the number of Form notice. See ICR Reference Number use of appropriate automated, LM–21 reports from 258, as estimated 201604–1245–001. electronic, mechanical, or other under the 2016 Rule, to the pre-2016 As the proposed rule still contains an technological collection techniques or level of 72. Therefore, this action is information collection, the Department other forms of information technology, expected to be an Executive Order is submitting, contemporaneous with e.g., by permitting electronic submission 13771 deregulatory action. the publication of this notice, an of responses. Regulatory Flexibility Act information collection request (ICR) to revise the PRA clearance to address the Type of Review: Revision of a The Regulatory Flexibility Act of clearance term. A copy of this ICR, with currently approved collection. 1980, 5 U.S.C. 601 et seq., requires applicable supporting documentation, Agency: Office of Labor-Management agencies to prepare regulatory flexibility including among other things a Standards. analyses, and to develop alternatives description of the likely respondents, Title: Labor Organization and wherever possible, in drafting proposed frequency of response, and Auxiliary Reports. regulations that will have a significant estimated total burden may be obtained OMB Number: 1245–0003. impact on a substantial number of small free of charge from the RegInfo.gov Web Affected Public: Private Sector— entities. The Department does not site at http://www.reginfo.gov/public/ businesses or other for-profits and not- _ believe that this proposed rule will have do/PRAViewICR?ref nbr=201705-1245- for-profit institutions. a significant economic impact on a 001 (this link will only become active Number of Annual Responses: 31,501 on the day following publication of this substantial number of small entities, as Frequency of Response: Varies. the rule contains no collection of notice) or from the Department by contacting Andrew Davis on 202-693- Estimated Total Annual Burden information and relieves the additional Hours: 4,580,114.45. burden imposed upon employers and 0123 (this is not a toll-free number)/ Estimated Total Annual Other Burden labor relations consultants through the email: [email protected]. Cost: $0. rescission of the regulations published In addition to submitting comments on the information collections on Mar. 24, 2016. See 81 FR 15924. Small Business Regulatory Enforcement contained in this proposed rule or Therefore, a regulatory flexibility Fairness Act of 1996 otherwise covered by the ICR directly to analysis under the Regulatory the Department, as discussed in the This proposed rule is not a major rule Flexibility Act is not required. The addresses portion of this preamble, as defined by section 804 of the Small Secretary has certified this conclusion written views about the request may Business Regulatory Enforcement to the Chief Counsel for Advocacy of the also be submitted directly by mail to the Fairness Act of 1996. This rule will not Small Business Administration. Office of Information and Regulatory result in an annual effect on the Unfunded Mandates Reform Affairs, Attn: OMB Desk Officer for economy of $100,000,000 or more; a DOL–OLMS, Office of Management and major increase in costs or prices; or This proposed rule will not include Budget, Room 10235, 725 17th Street significant adverse effects on any Federal mandate that may result in NW., Washington, DC 20503; by Fax: competition, employment, investment, increased expenditures by State, local, 202–395–6881 (this is not a toll-free productivity, innovation, or on the and tribal governments, in the aggregate, number); or by email: OIRA_ ability of the United States-based of $100 million or more, or in increased [email protected]. Please note companies to compete with foreign- expenditures by the private sector of that comments submitted in response to based companies in domestic and $100 million or more. this notice will be made a matter of export markets.

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List of Subjects in 29 CFR Parts 405 and modified sources of air pollution. We Table of Contents 406 are taking comments on this proposal Definitions Employers and labor relations and plan to follow with a final action. I. The State’s Submittal consultants, Reporting and DATES: Any comments must arrive by A. What rule did the State submit? recordkeeping requirements. July 12, 2017. B. Are there other versions of this rule? ADDRESSES: Submit your comments, C. What is the purpose of the submitted Accordingly, for the reasons stated rule revision? herein, the Secretary proposes to amend identified by Docket ID No. EPA–R09– II. The EPA’s Evaluation and Action parts 405 and 406 of title 29, chapter IV OAR–2015–0621 at http:// A. How is the EPA evaluating the rule? of the Code of Federal Regulations to www.regulations.gov, or via email to B. Does the rule meet the evaluation read as the text at 29 CFR parts 405 and [email protected]. For comments criteria? 406 (2015). submitted at Regulations.gov, follow the C. Public Comment and Final Action online instructions for submitting III. Incorporation by Reference Signed in Washington, DC, this 5th day of IV. Statutory and Executive Order Reviews June, 2017. comments. Once submitted, comments cannot be removed or edited from Andrew Auerbach, Definitions Regulations.gov. For either manner of Deputy Director, Office of Labor-Management submission, the EPA may publish any For the purpose of this document, we Standards. comment received to its public docket. are giving meaning to certain words or [FR Doc. 2017–11983 Filed 6–8–17; 4:15 pm] Do not submit electronically any initials as follows: BILLING CODE 4510–CP–P information you consider to be (i) The word or initials CAA mean or Confidential Business Information (CBI) refer to the Clean Air Act, unless the or other information whose disclosure is context indicates otherwise. ENVIRONMENTAL PROTECTION restricted by statute. Multimedia (ii) The initials CARB mean or refer to AGENCY submissions (audio, video, etc.) must be the California Air Resources Board. accompanied by a written comment. (iii) The initials CFR mean or refer to 40 CFR Part 52 The written comment is considered the Code of Federal Regulations. [EPA–R09–OAR–2015–0621; FRL–9962–55– official comment and should include (iv) The initials or words EPA, we, us Region 9] discussion of all points you wish to or our mean or refer to the United States make. The EPA will generally not Environmental Protection Agency. Conditional Approval of Revision to consider comments or comment (v) The word or initials ICAPCD or the California State Implementation contents located outside of the primary District mean or refer to the Imperial Plan; Imperial County Air Pollution submission (i.e., on the web, cloud, or County Air Pollution Control District, Control District; Stationary Sources other file sharing system). For the agency with jurisdiction over Permits additional submission methods, please stationary sources within Imperial contact the person identified in the FOR County. AGENCY: Environmental Protection FURTHER INFORMATION CONTACT (vi) The initials NSR mean or refer to Agency (EPA). section. For the full EPA public comment policy, New Source Review. ACTION: Proposed rule. information about CBI or multimedia (vii) The initials SIP mean or refer to State Implementation Plan. SUMMARY: The Environmental Protection submissions, and general guidance on making effective comments, please visit Agency (EPA) is proposing action on a I. The State’s Submittal revision to the Imperial County Air http://www2.epa.gov/dockets/ Pollution Control District (ICAPCD or commenting-epa-dockets. A. What rule did the State submit? District) portion of the California State FOR FURTHER INFORMATION CONTACT: Table 1 lists the rule addressed by this Implementation Plan (SIP). We are Khoi Nguyen, EPA Region IX, (415) action with the date that it was adopted proposing a conditional approval of one 947–4120, [email protected]. by ICAPCD and submitted by the rule. This rule updates and revises the SUPPLEMENTARY INFORMATION: California Air Resources Board (CARB), District’s New Source Review (NSR) Throughout this document, ‘‘we,’’ ‘‘us,’’ which is the governor’s designee for permitting program for new and and ‘‘our’’ refer to the EPA. California SIP submittals.

TABLE 1—SUBMITTED RULE

Local agency Rule No. Rule title Adopted/revised Submitted

ICAPCD ...... 207 New and Modified Stationary Source Review ...... 10/22/13 1/21/14

On March 7, 2014, EPA determined we are finalizing our approval of Rules D.1.a, contain substantially similar that the submittal for ICAPCD Rule 207 204 and 206. We are not finalizing our language. See 45 FR 74480 (November (New and Modified Stationary Source proposed LA/LD of Rule 207; instead, 10, 1980).1 Review) met the completeness criteria we are proceeding with this proposed in 40 CFR part 51 Appendix V. On action to conditionally approve Rule December 19, 2016, the EPA proposed a 207 into the SIP. limited approval and limited B. Are there other versions of this rule? disapproval (LA/LD) of Rule 207 along EPA approved a previous version of with a full approval of two rules—Rule 1 Approval of submitted Rule 207 would Rule 207 into the SIP on November 10, supersede our prior actions for SIP-approved Rules 204 (Applications) and Rule 206 1980 (45 FR 74480). In addition, SIP- (Processing of Applications). 81 FR 207 and 209. We intend to make conforming approved Rule 209 (Implementation changes to the regulatory text codified in 40 CFR 91895. In a separate rulemaking action, Plans) and submitted Rule 207, section 52.220, 40 CFR 52.232 and 40 CFR 52.233.

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C. What is the purpose of the submitted adopted after reasonable notice and section 110(a)(2)(c) and 40 CFR 51.160– rule revision? public hearing. 51.164, and the statutory and regulatory Section 110(a) of the Clean Air Act Section 110(a)(2)(c) of the Act requirements for a nonattainment NSR (CAA) requires states to submit requires each SIP to include a permit permit program for moderate ozone and regulations that include a pre- program to regulate the modification serious PM10, nonattainment areas as set construction permit program for certain and construction of any stationary forth in the applicable provisions of part new or modified stationary sources of source within the areas covered by the D of title I of the Act (sections 172 and pollutants, including a permit program SIP as necessary to assure attainment 173), in 40 CFR 51.165 and 40 CFR as required by Part D of Title I of the and maintenance of the NAAQS. EPA’s 51.307. For a Moderate PM2.5 CAA. regulations at 40 CFR 51.160–51.164 nonattainment area Rule 207 mostly The purpose of District Rule 207 (New provide general programmatic satisfies these same requirements; and Modified Stationary Source Review) requirements to implement this however, we have determined that it is to implement a federal statutory mandate commonly referred to does not satisfy the requirements of 40 preconstruction permit program for new as the ‘‘minor NSR’’ or ‘‘general NSR’’ CFR 51.165(a)(13), which requires and modified minor sources of regulated permit program. These NSR program ammonia to be regulated as a PM2.5 NSR pollutants, and new and modified regulations impose requirements for SIP precursor. Our TSD contains a more major sources of regulated NSR approval of state and local programs detailed discussion of this issue.3 that are more general in nature as pollutants for which the area is C. Public Comment and Final Action. designated nonattainment. Imperial compared to the specific statutory and County is currently designated as a regulatory requirements for Section 110(k)(4) authorizes the EPA Moderate nonattainment area for the nonattainment NSR permitting to conditionally approve a plan revision 2008 8-hour ozone National Ambient programs under Part D of title I of the based on a commitment by the state to Air Quality Standards (NAAQS).2 Act. adopt specific enforceable measures by Portions of the county are designated as Part D of title I of the Act contains the a date certain but not later than one year a Serious nonattainment area for the general requirements for areas after the effective date of the plan designated nonattainment for a NAAQS 1987 24-hour PM10 NAAQS, and as a approval. In this instance, the Moderate nonattainment area for the (section 172), including preconstruction enforceable measure that the State must permit requirements for new major 2006 24-hour PM2.5 and 2012 annual submit are revisions to regulate sources and major modifications PM2.5 NAAQS. We present our ammonia as a PM2.5 precursor. The evaluation under the CAA and EPA’s proposing to construct in nonattainment District submitted a letter committing to regulations of the revised NSR rule areas (section 173). submit a SIP revision that regulates Additionally, 40 CFR 51.165 sets forth submitted by CARB, as identified in ammonia as a PM2.5 precursor no later Table 1, and provide our reasoning in EPA’s regulatory requirements for SIP- than one year from the effective of this general terms below and a more detailed approval of a nonattainment NSR permit final action. If the District fails to analysis in our Technical Support program. comply with this commitment, this The protection of visibility Document (TSD), which is available in conditional approval will convert to a requirements that apply to New Source the docket for the proposed rulemaking. disapproval and start an 18-month clock Review programs are contained in 40 for sanctions under CAA section II. The EPA’s Evaluation and Action CFR 51.307. This provision requires that 179(a)(2) and a two-year clock for a certain actions be taken in consultation A. How is the EPA evaluating the rule? federal implementation plan (FIP) under with the local Federal Land Manager if CAA section 110(c)(1). The submitted rule must meet the a new major source or major We will accept comments from the CAA’s general requirements for SIPs modification may have an impact on public on the proposed conditional and SIP revisions in CAA sections visibility in any mandatory Class I approval of Rule 207 for the next 30 110(a)(2), 110(l), and 193, as well as the Federal Area. applicable requirements contained in Section 110(l) of the Act prohibits days. part D of title I of the Act (sections 172 EPA from approving any SIP revisions III. Incorporation by Reference and 173) for a nonattainment NSR that would interfere with any applicable permit program. In addition, the requirement concerning attainment and In this rule, the EPA is proposing to submitted rule must contain the reasonable further progress (RFP) or any include in a final EPA rule regulatory applicable regulatory provisions of 40 other applicable requirement of the text that includes incorporation by CFR 51.160–51.165 and 40 CFR 51.307. CAA. Section 193 of the Act, which reference. In accordance with Among other things, section 110 of only applies in nonattainment areas, requirements of 1 CFR 51.5, the EPA is the Act requires that SIP rules be prohibits the modification of a SIP- proposing to incorporate by reference enforceable and provides that EPA may approved control requirement in effect the ICAPCD rule listed in Table 1 of this not approve a SIP revision if it would before November 15, 1990, in any notice. The EPA has made, and will interfere with any applicable manner unless the modification insures continue to make, these documents requirements concerning attainment and equivalent or greater emission available through www.regulations.gov reasonable further progress or any other reductions of such air pollutant. and at the EPA Region IX Office (please requirement of the CAA. In addition, Our TSD, which can be found in the contact the person identified in the FOR section 110(a)(2) and section 110(l) of docket for this rule, contains a more FURTHER INFORMATION CONTACT section of the Act require that each SIP or revision detailed discussion of the approval this preamble for more information). to a SIP submitted by a state must be criteria. IV. Statutory and Executive Order Reviews 2 EPA initially classified Imperial County as B. Does the rule meet the evaluation Marginal for the 2008 ozone NAAQS, but criteria? Additional information about these reclassified the area to Moderate because it failed statutes and Executive Orders can be to attain the standard by the applicable Marginal Rule 207 satisfies the statutory and attainment date of July 20, 2015. 81 FR 26697 (May regulatory requirements for a general 4, 2016). NSR permit program as set forth in CAA 3 See also, 81 FR 91895 (December 19, 2016).

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found at http://www2.epa.gov/laws- G. Executive Order 13045: Protection of DEPARTMENT OF HEALTH AND regulations/laws-and-executive-orders. Children From Environmental Health HUMAN SERVICES Risks and Safety Risks A. Executive Order 12866: Regulatory Centers for Medicare & Medicaid Planning and Review and Executive The EPA interprets Executive Order Services Order 13563: Improving Regulation and 13045 as applying only to those Regulatory Review regulatory actions that concern 42 CFR Chapter IV This action is not a significant environmental health or safety risks that Office of the Secretary regulatory action and was therefore not the EPA has reason to believe may submitted to the Office of Management disproportionately affect children, per 45 CFR Subtitle A and Budget (OMB) for review. the definition of ‘‘covered regulatory action’’ in section 2–202 of the [CMS–9928–NC] B. Paperwork Reduction Act (PRA) Executive Order. This action is not subject to Executive Order 13045 This action does not impose an RIN 0938–ZB39 because it does not impose additional information collection burden under the requirements beyond those imposed by Reducing Regulatory Burdens PRA because this action does not state law. Imposed by the Patient Protection and impose additional requirements beyond Affordable Care Act & Improving those imposed by state law. H. Executive Order 13211: Actions That Healthcare Choices To Empower C. Regulatory Flexibility Act (RFA) Significantly Affect Energy Supply, Patients Distribution, or Use I certify that this action will not have AGENCY: Centers for Medicare & a significant economic impact on a This action is not subject to Executive Medicaid Services (CMS), HHS. substantial number of small entities Order 13211, because it is not a ACTION: Request for information. under the RFA. This action will not significant regulatory action under SUMMARY: impose any requirements on small Executive Order 12866. The Department of Health and Human Services (HHS) is actively entities beyond those imposed by state I. National Technology Transfer and working to reduce regulatory burdens law. Advancement Act (NTTAA) and improve health insurance options D. Unfunded Mandates Reform Act under Title I of the Patient Protection Section 12(d) of the NTTAA directs (UMRA) and Affordable Care Act. Executive the EPA to use voluntary consensus Order 13765, ‘‘Minimizing the This action does not contain any standards in its regulatory activities Economic Burden of the Patient unfunded mandate as described in unless to do so would be inconsistent Protection and Affordable Care Act UMRA, 2 U.S.C. 1531–1538, and does with applicable law or otherwise Pending Repeal,’’ directs the Secretary not significantly or uniquely affect small impractical. The EPA believes that this of Health and Human Services to governments. This action does not action is not subject to the requirements achieve these aims. HHS seeks comment impose additional requirements beyond of section 12(d) of the NTTAA because from interested parties to inform its those imposed by state law. application of those requirements would ongoing efforts to create a more patient- Accordingly, no additional costs to be inconsistent with the CAA. centered health care system that adheres State, local, or tribal governments, or to to the key principles of affordability, J. Executive Order 12898: Federal the private sector, will result from this accessibility, quality, innovation, and Actions To Address Environmental action. empowerment. Justice in Minority Populations and E. Executive Order 13132: Federalism Low-Income Population DATES: Comments must be submitted on or before July 12, 2017. This action does not have federalism The EPA lacks the discretionary ADDRESSES: You may submit comments implications. It will not have substantial authority to address environmental in one of three ways (please choose only direct effects on the states, on the justice in this rulemaking. one of the ways listed): relationship between the national List of Subjects in 40 CFR Part 52 1. Electronically. You may submit government and the states, or on the electronic comments to http:// distribution of power and Environmental protection, Air www.regulations.gov. Follow the responsibilities among the various pollution control, Incorporation by ‘‘Submit a comment’’ instructions. levels of government. reference, Intergovernmental relations, 2. By regular mail. You may mail F. Executive Order 13175: Coordination New Source Review, Ozone, Particulate written comments to the following With Indian Tribal Governments matter, Reporting and recordkeeping address ONLY: Centers for Medicare & requirements, Volatile organic Medicaid Services, Department of This action does not have tribal compounds. Health and Human Services, Attention: implications, as specified in Executive CMS–9928–NC, P.O. Box 8016, Order 13175, because the SIP is not Authority: 42 U.S.C. 7401 et seq. Baltimore, MD 21244–8016. approved to apply on any Indian Dated: May 19, 2017. Please allow sufficient time for mailed reservation land or in any other area Alexis Strauss, comments to be received before the where the EPA or an Indian tribe has close of the comment period. Acting Regional Administrator, Region IX. demonstrated that a tribe has 3. By express or overnight mail. You jurisdiction, and will not impose [FR Doc. 2017–12134 Filed 6–9–17; 8:45 am] may send written comments to the substantial direct costs on tribal BILLING CODE 6560–50–P following address ONLY: Centers for governments or preempt tribal law. Medicare & Medicaid Services, Thus, Executive Order 13175 does not Department of Health and Human apply to this action. Services, Attention: CMS–9928–NC,

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Mail Stop C4–26–05, 7500 Security services to older Americans, and direct insurance market and Medicare, thus Boulevard, Baltimore, MD 21244–1850. health services delivery. HHS is helping to lower prices for Americans FOR FURTHER INFORMATION CONTACT: comprised of staff divisions and by reducing adverse selection. We have Vanessa Jones, (202) 690–7000. operating divisions, many of which are also taken a number of other steps to SUPPLEMENTARY INFORMATION: responsible for promulgating regulations reduce burden, improve choices, and Submission of Comments: All pursuant to HHS’s statutory authority. stabilize the insurance market: Among HHS’s goals is to establish a • Issued guidance announcing HHS’s submissions received must include the robust and resilient framework for each intent to propose new health coverage Agency name CMS–9928–NC for this HHS division to undertake a periodic, enrollment options for small businesses notice. All comments received may be thoughtful analysis of its significant enrolling through the Federally- posted without change to http:// existing regulations issued under Title I facilitated Small Business Health www.regulations.gov, including any of the PPACA, to determine whether Options Program (FF–SHOP), reducing personal information provided. each rule advances or impedes HHS burdens and making it easier for small I. Background priorities of stabilizing the individual employers and their employees to On January 20, 2017, President Trump and small group health insurance purchase coverage. • Announced a new streamlined and issued Executive Order 13765, markets; empowering patients and promoting consumer choice; enhancing simplified direct enrollment process for ‘‘Minimizing the Economic Burden of affordability; and returning regulatory consumers signing up for individual the Patient Protection and Affordable authority to the States. We seek public market coverage with the assistance of Care Act Pending Repeal,’’ to minimize input on changes that could be made, web-brokers or issuers in states with the unwarranted economic and consistent with current law, to existing Exchanges that rely on HealthCare.gov regulatory burdens of the Patient regulations under HHS’s jurisdiction for their eligibility and enrollment Protection and Affordable Care Act that would result in a more streamlined, functions. (PPACA) (Pub. L. 111–148). To meet flexible, and less burdensome regulatory • Issued guidance to States these objectives, the President directed structure, including identifying explaining their freedom to seek the Secretary of Health and Human regulations that eliminate jobs or inhibit innovative approaches to lowering Services (the Secretary) and the heads of job creation; are outdated, unnecessary, premiums and protecting consumers via all other executive departments and or ineffective; impose costs that exceed State innovation waivers under section agencies with authorities and benefits; or create a serious 1332 of the PPACA, which included responsibilities under the PPACA, to the inconsistency or otherwise interfere new information to help states seek maximum extent permitted by law, to with regulatory reform initiatives and waivers from requirements in Title I of afford the States more flexibility and policies. the PPACA, and establish high-risk control to create a more free and open Since the first weeks of the pools/state-operated reinsurance health care market; provide relief from Administration, HHS has worked to programs. any provision or requirement of the reduce burdens and improve health • Extended the HHS Risk Adjustment PPACA that would impose a fiscal insurance options under the provisions and Data Validation (HHS–RADV) pilot burden on any State or a cost, fee, tax, of Title I of the PPACA for which HHS by another year, providing needed penalty, or regulatory burden on has jurisdiction. On February 17, 2017, flexibility for issuers to adapt to the new individuals, families, health care HHS published a proposed rule in the HHS–RADV audit tool and protocols to providers, health insurers, patients, Federal Register entitled, ‘‘Patient ensure that lessons learned from the recipients of health care services, Protection and Affordable Care Act; first pilot year are implemented purchasers of health insurance, or Market Stabilization,’’ (82 FR 10980) effectively, and enabling the Centers for makers of medical devices, products, or containing regulatory changes that are Medicaid & Medicare Services (CMS) to medications; provide greater flexibility critical to stabilizing the individual and ensure that issuers are compliant with to States and cooperate with them in small group health insurance markets. all HHS–RADV requirements, increasing implementing health care programs; and After receiving and considering public the stability of the markets and the encourage the development of a free and comment, HHS published the Patient integrity of risk adjustment transfers. open market in interstate commerce for Protection and Affordable Care Act; • Adjusted the QHP certification the offering of health care services and Market Stabilization Final rule on April calendar, to provide issuers additional health insurance, with the goal of 18, 2017 (82 FR 18346). The new rules time to prepare and States additional achieving and preserving maximum will place downward pressure on time to review 2018 products and rates options for patients and consumers. premiums, curb abuses, and encourage with greater certainty in response to The Department of Health and Human full-year enrollment by expanding pre- recent policy changes. Services (HHS) is the federal enrollment verification of eligibility for • Issued guidance to issuers allowing government’s principal agency charged new exchange enrollees using special patients to keep their transitional with protecting the health of all enrollment periods; encourage patients individual and small group insurance Americans and providing essential to avoid coverage lapses; provide greater plans in 2018. human services. HHS’s responsibilities flexibility to issuers related to actuarial These initial steps will help issuers include Medicare, Medicaid, increasing value of plans; return to the States the and States work with HHS to achieve access to care and private health authority and means to assess issuer shared goals, including stabilizing the coverage, support for public health network adequacy; revise the timeline individual and small group health preparedness and emergency response, for qualified health plan (QHP) insurance markets; empowering patients biomedical research, substance abuse certification and rate review to give and promoting consumer choice; and mental health treatment and issuers flexibility to incorporate benefit enhancing affordability; and affirming prevention, assurance of safe and changes and maximize the number of the traditional authority of the States in effective drugs and other medical coverage options available to patients; regulating the business of health products, protection of our Nation’s and more closely align the open insurance. In this Request for food supply, assistance to low income enrollment period for the individual Information, HHS now seeks input from families, the Head Start program, market with the employer-sponsored the public on other changes within its

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authority and consistent with the law to solely at the interested party’s expense. authority of the Paperwork Reduction further achieve these aims. Not responding to this request for Act of 1995 (44 U.S.C. 3501 et seq.). information does not preclude II. Solicitation of Comments Dated: June 6, 2017. participation in any future rulemaking Seema Verma, HHS is interested in soliciting public or procurement, if conducted. It is the comments about changes to existing responsibility of the potential Administrator, Centers for Medicare & Medicaid Services. regulations or guidance, or other actions responders to monitor this request for within HHS’s authority, that could information announcement for Dated: June 7, 2017. further the following goals with respect additional information pertaining to this Thomas E. Price, to the individual and small group health request. We also note that HHS will not Secretary, Department of Health and Human insurance markets: respond to questions about the policy Services. 1. Empowering patients and issues raised in this request for [FR Doc. 2017–12130 Filed 6–8–17; 4:15 pm] promoting consumer choice. What information. HHS may or may not BILLING CODE 4120–01–P activities would best inform consumers choose to contact individual responders. and help them choose a plan that best Such communications would only serve meets their needs? Which regulations to further clarify written responses. FEDERAL COMMUNICATIONS currently reduce consumer choices of Contractor support personnel may be COMMISSION how to finance their health care and used to review request for information health insurance needs? Choice responses. Responses to this notice are 47 CFR Part 73 includes the freedom to choose how to not offers and cannot be accepted by the finance one’s healthcare, which insurer Government to form a binding contract [MB Docket No. 11–54; RM–11624; DA 17– 510] to use, and which provider to use. or issue a grant. Information obtained as 2. Stabilizing the individual, small a result of this request for information group, and non-traditional health Television Broadcasting Services; may be used by the Government for Augusta, Georgia insurance markets. What changes would program planning on a non-attribution bring stability to the risk pool, promote basis. Respondents should not include AGENCY: Federal Communications continuous coverage, increase the any information that might be Commission. number of younger and healthier considered proprietary or confidential. ACTION: Proposed rule; withdrawal. consumers purchasing plans, reduce This request for information should not uncertainty and volatility, and be construed as a commitment or SUMMARY: The Commission has before it encourage uninsured individuals to buy authorization to incur cost for which a petition for rulemaking filed by coverage? reimbursement would be required or Southern Media Holdings, Inc. (SMH), 3. Enhancing affordability. What steps sought. All submissions become the former licensee of WFXG, Augusta, can HHS take to enhance the Government property and will not be Georgia, requesting the substitution of affordability of coverage for individual returned. HHS may publically post the channel 51 for channel 31 at Augusta. consumers and small businesses? comments received, or a summary WFXG License Subsidiary, LLC 4. Affirming the traditional regulatory thereof. While responses to this request (Licensee) is now the licensee of WFXG. authority of the States in regulating the for information do not bind HHS to any Station WFXG was allotted channel 51 business of health insurance. Which further actions related to the response, as its post-transition DTV channel and HHS regulations or policies have all submissions will be made publicly operated a licensed facility on that impeded or unnecessarily interfered available on http://www.regulations.gov. channel. In 2008, SMH filed a petition with States’ primary role in regulating for rulemaking requesting that channel III. Collection of Information the health insurance markets they know 31 be substituted for channel 51, and Requirements best? the Commission granted that request. This is a request for information only. This document does not impose SMH subsequently requested that the Respondents are encouraged to provide information collection requirements, Commission change its channel back to complete but concise responses to the that is, reporting, recordkeeping or channel 51 and we issued a Notice of questions outlined above. We note that third-party disclosure requirements. Proposed Rulemaking, which was a response to every question is not This request for information constitutes contested. On April 28, 2017, Licensee required. This request for information is a general solicitation of comments. In filed a letter withdrawing its pending issued solely for information and accordance with the implementing request to substitute channel 51 for planning purposes; it does not regulations of the Paperwork Reduction channel 31, explaining that it had constitute a notice of proposed Act (PRA) at 5 CFR 1320.3(h)(4), licensed the channel 31 facility and that rulemaking or request for proposals, information subject to the PRA does not WFXG was reassigned to channel 36 in applications, proposal abstracts, or generally include ‘‘facts or opinions connection with the post-incentive quotations. This request for information submitted in response to general auction repacking of the broadcast does not commit the United States solicitations of comments from the television spectrum. Government (‘‘Government’’) to contract public, published in the Federal DATES: for any supplies or services or make a Register or other publications, The proposed rule published on grant award. Further, HHS is not regardless of the form or format thereof, April 4, 2011 (76 FR 18497) is seeking proposals through this request provided that no person is required to withdrawn as of June 12, 2017. for information and will not accept supply specific information pertaining FOR FURTHER INFORMATION CONTACT: unsolicited proposals. Respondents are to the commenter, other than that Joyce Bernstein, Joyce.Bernstein@ advised that the Government will not necessary for self-identification, as a fcc.gov, Media Bureau, (202) 418–1647. pay for any information or condition of the agency’s full SUPPLEMENTARY INFORMATION: This is a administrative costs incurred in consideration of the comment.’’ synopsis of the Commission’s Order, response to this request for information; Consequently, this document need not MB Docket No. 11–54, adopted May 25, all costs associated with responding to be reviewed by the Office of 20017, and released May 25, 2017. The this request for information will be Management and Budget under the full text of this document is available for

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public inspection and copying during period of time between the date of are questions regarding your normal business hours in the FCC’s initial issuance and the expiration of the submission. Reference Information Center at Portals renewed CLP could not exceed one year. To submit your comment online, go to II, CY–A257, 445 12th Street SW., This proposed amendment would http://www.regulations.gov, put the Washington, DC, 20554. This document replace the current regulations, which docket number, FMCSA–2016–0346, in will also be available via ECFS (http:// require the States to issue CLPs initially the keyword box, and click ‘‘Search.’’ fjallfoss.fcc.gov/ecfs/). To request for no more than 180 days, with the When the new screen appears, click on materials in accessible formats for possibility of an additional 180-day the ‘‘Comment Now!’’ button and type people with disabilities (braille, large renewal at the State’s discretion. your comment into the text box on the print, electronic files, audio format), DATES: Comments on this notice must be following screen. Choose whether you send an email to [email protected] or call received on or before August 11, 2017. are submitting your comment as an individual or on behalf of a third party the Consumer & Governmental Affairs ADDRESSES: You may submit comments and then submit. Bureau at 202–418–0530 (voice), 202– identified by Docket Number FMCSA– 418–0432 (tty). If you submit your comments by mail 2016–0346 using any of the following or hand delivery, submit them in an This document does not contain methods: unbound format, no larger than 81⁄2 by information collection requirements • Federal eRulemaking Portal: http:// subject to the Paperwork Reduction Act 11 inches, suitable for copying and www.regulations.gov. Follow the online electronic filing. If you submit of 1995, Public Law 104–13. In addition, instructions for submitting comments. therefore, it does not contain any • comments by mail and would like to Mail: Docket Management Facility, know that they reached the facility, information collection burden ‘‘for U.S. Department of Transportation, 1200 small business concerns with fewer than please enclose a stamped, self-addressed New Jersey Avenue SE., West Building, postcard or envelope. 25 employees,’’ pursuant to the Small Ground Floor, Room W12–140, Business Paperwork Relief Act of 2002, FMCSA will consider all comments Washington, DC 20590–0001. and material received during the Public Law 107–198, see 44 U.S.C. • Hand Delivery or Courier: West 3506(c)(4). Provisions of the Regulatory comment period and may change this Building, Ground Floor, Room W12– proposed rule based on your comments. Flexibility Act of 1980, see 5 U.S.C. 140, 1200 New Jersey Avenue SE., 601–612, do not apply to this FMCSA may issue a final rule at any Washington, DC, between 9 a.m. and 5 time after the close of the comment proceeding. p.m., Monday through Friday, except The Commission will send a copy of period. Federal holidays. this Report and Order in a report to be • Fax: 202–493–2251. Confidential Business Information sent to Congress and the Government To avoid duplication, please use only Accountability Office pursuant to the Confidential Business Information one of these four methods. See the (CBI) is commercial or financial Congressional Review Act, see 5 U.S.C. ‘‘Public Participation and Request for 801(a)(1)(A). information that is customarily not Comments’’ portion of the made available to the general public by List of Subjects in 47 CFR Part 73 SUPPLEMENTARY INFORMATION section for the submitter. Under the Freedom of Television. instructions on submitting comments, Information Act, CBI is eligible for including collection of information protection from public disclosure. If you Federal Communications Commission. comments for the Office of Information have CBI that is relevant or responsive Barbara A. Kreisman, and Regulatory Affairs, OMB. to this NPRM, it is important that you Chief, Video Division, Media Bureau. FOR FURTHER INFORMATION CONTACT: Mr. clearly designate the submitted [FR Doc. 2017–11947 Filed 6–9–17; 8:45 am] Selden Fritschner, CDL Division, comments as CBI. Accordingly, please BILLING CODE 6712–01–P Federal Motor Carrier Safety mark each page of your submission as Administration, 1200 New Jersey ‘‘confidential’’ or ‘‘CBI.’’ Submissions Avenue SE., Washington, DC 20590– designated as CBI and meeting the DEPARTMENT OF TRANSPORTATION 0001, by email at selden.fritschner@ definition noted above will not be dot.gov, or by telephone at 202–366– placed in the public docket of this Federal Motor Carrier Safety 0677. NPRM. Submissions containing CBI Administration SUPPLEMENTARY INFORMATION: should be sent to Brian Dahlin, Chief, Regulatory Analysis Division, 1200 New 49 CFR Part 383 I. Public Participation and Request for Jersey Avenue SE., Washington, DC [Docket No. FMCSA–2016–0346] Comments 20590. Any commentary that FMCSA A. Submitting Comments receives which is not specifically RIN 2126–AB98 designated as CBI will be placed in the If you submit a comment, please Commercial Learner’s Permit Validity public docket for this rulemaking. include the docket number for this FMCSA will consider all comments AGENCY: Federal Motor Carrier Safety NPRM (Docket No. FMCSA–2016– and material received during the Administration (FMCSA), DOT. 0346), indicate the specific section of comment period. this document to which each section ACTION: Notice of Proposed Rulemaking B. Viewing Comments and Documents (NPRM), request for comments. applies, and provide a reason for each suggestion or recommendation. You To view comments, as well as any SUMMARY: FMCSA proposes to amend may submit your comments and documents mentioned in this preamble the Federal Motor Carrier Safety material online or by fax, mail, or hand as being available in the docket, go to Regulations (FMCSRs) to allow States to delivery but please use only one of these http://www.regulations.gov. Insert the issue a commercial learner’s permit means. FMCSA recommends that you docket number, FMCSA–2016–0346, in (CLP) with an expiration date of up to include your name and a mailing the keyword box, and click ‘‘Search.’’ one year from the date of initial address, an email address, or a phone Next, click the ‘‘Open Docket Folder’’ issuance. CLPs issued for shorter number in the body of your document button and choose the document to periods may be renewed but the total so that FMCSA can contact you if there review. If you do not have access to the

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Internet, you may view the docket if the applicant does not obtain a CDL CLP holders who would have renewed online by visiting the Docket within one year from the date the CLP their CLP. Management Facility in Room W12–140 was first issued, he/she must reapply for III. Legal Basis for the Rulemaking on the ground floor of the DOT West a CLP. This approach would replace the Building, 1200 New Jersey Avenue SE., current requirements of §§ 383.25(c) and This rulemaking is based on the broad Washington, DC 20590, between 9 a.m. 383.73(a)(2)(iii), under which a CLP is authority of the Commercial Motor and 5 p.m., Monday through Friday, valid for no more than 180 days from Vehicle Safety Act of 1986 (CMVSA), as except Federal holidays. the date of issuance, with an option for amended, codified at 49 U.S.C. chapter the State to renew the CLP for an 313 and implemented by 49 CFR parts C. Privacy Act additional 180 days without requiring 383 and 384. The CMVSA provides that In accordance with 5 U.S.C. 553(c), the general and endorsement knowledge ‘‘[a]fter consultation with the States, the DOT solicits comments from the public tests, as applicable. The proposed Secretary of Transportation shall to better inform its rulemaking process. change provides an improved process prescribe regulations on minimum DOT posts these comments, without for CLP issuance that FMCSA believes uniform standards for the issuance of edit, including any personal information will save time and money for both commercial drivers’ licenses and the commenter provides, to States and CLP applicants, as discussed learner’s permits by the States . . .’’ (49 www.regulations.gov, as described in below, without affecting safety. U.S.C. 31308). the system of records notice (DOT/ALL– IV. Background 14 FDMS), which can be reviewed at Benefits and Costs www.dot.gov/privacy. The primary entities affected by this On September 1, 2015, the Oregon proposed rule would be State Driver Department of Transportation (ODOT) D. Waiver of Advance Notice of Licensing Agencies (SDLAs) and CLP requested an exemption from § 383.25(c) Proposed Rulemaking holders. FMCSA is unable to estimate to allow a CLP to be issued for one year. Under the Fixing America’s Surface the number of SDLAs that may choose Currently the regulation provides that Transportation Act (FAST Act) (Pub. L. to issue a CLP that is valid for up to one the CLP must be valid for no more than 114–94), FMCSA is required to publish year or the number of CLP holders that 180 days from the date of issuance. an advance notice of proposed would be affected. Nonetheless, However, under §§ 383.25(c) and rulemaking (ANPRM) or conduct a potential benefits of this proposed rule 383.73(a)(2)(iii), the State may renew negotiated rulemaking ‘‘if a proposed would include reduced costs to CLP the CLP for an additional 180 days rule is likely to lead to the promulgation holders, including reductions in the without requiring the CLP holder to of a major rule’’ (49 U.S.C. 31136(g)(1)). opportunity cost of time that, in the retake the general and endorsement As this proposed rule is not likely to absence of this proposed rule, would be knowledge tests. In its request for the result in the promulgation of a major spent by CLP holders traveling to and exemption, ODOT stated that ‘‘[a]dding rule, the Agency is not required to issue from an SDLA office and at an SDLA the bureaucratic requirement for a CLP an ANPRM or to proceed with a office, renewing a CLP that is valid for holder to visit a DMV office and pay a negotiated rulemaking. no more than 180 days. SDLAs that fee in order to get a second six months E. Comments on the Collection of choose under this proposed rule to issue of CLP validity will add unnecessary Information a CLP that is valid for up to one year workload to offices already stretched to may benefit from the elimination of the limit.’’ If you have comments on the costs associated with processing On November 27, 2015, FMCSA collection of information discussed in renewals of CLPs. FMCSA does not published notice of ODOT’s application this NPRM, you must send those expect there would be any costs for exemption and requested public comments to the Office of Information imposed upon CLP holders as a result comments (80 FR 74199). The Agency and Regulatory Affairs at OMB. To of this rule. Under this proposed rule received 10 comments in response to ensure that your comments are received SDLAs that choose to offer a CLP that the proposed exemption. The Alabama on time, the preferred methods of Law Enforcement Agency; Colorado _ is valid for up to one year may incur submission are by email to oira costs related to information technology Department of Revenue CDL Unit; New [email protected] (include (IT) system upgrades that may be York Department of Motor Vehicles; docket number ‘‘FMCSA–2016–0346’’ necessary. Oregon Trucking Associations, Inc.; and and ‘‘Attention: Desk Officer for Although potential reductions in CLP two individuals supported the FMCSA, DOT’’ in the subject line of the renewal fees collected by SDLAs may exemption. The Commercial Vehicle email) or fax at 202–395–6566. An appear to be a cost of this proposed rule Training Association (CVTA) and three alternative, though slower, method is by to SDLAs, and the commensurate individuals opposed the exemption. U.S. Mail to the Office of Information potential savings to CLP holders of CLP In a notice published on April 5, 2016 and Regulatory Affairs, Office of renewal fees may appear to be a benefit (81 FR 19703), FMCSA stated that the Management and Budget, 725 17th to CLP holders, any such changes in exemption requested by the ODOT Street NW., Washington, DC 20503, renewal fee amounts are best classified would maintain a level of safety ATTN: Desk Officer, FMCSA, DOT. as transfer payments and not as a cost equivalent to or greater than the level of II. Executive Summary to SDLAs (in the form of forgone fee safety that would be achieved without revenue) or as a benefit to CLP holders the exemption, as required by 49 CFR Purpose and Summary of the Major (in the form of CLP renewal fees no 381.305(a). The Agency therefore Provisions longer expended). If an SDLA were to approved ODOT’s application for This NPRM would allow States to increase its fee for the issuance of a CLP exemption and allowed all SDLAs issue a CLP for no more than one year in order to offset any reduction in nationwide to use the exemption at their from the date of initial issuance, with or revenue resulting from the elimination discretion. However, the exemption did without renewal within that one-year of CLP renewals and associated fees, a not change the language of § 383.25(c) period. After one year from the date of transfer would occur from those CLP and the exemption remains effective for initial issuance, a CLP, or renewed CLP, holders who, in the absence of the rule, 2 years from the date of approval, would no longer be valid. Accordingly, would not have renewed their CLP to expiring on April 5, 2018. Subsequent to

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FMCSA’s approval of ODOT’s would have to re-test. FMCSA also 5, 2016 (81 FR 19703), is unknown.1 application, the Agency amended its provides for renewal of CLPs that have FMCSA seeks any information available Notice of Final Disposition to also been issued for a period of less than a in this regard. include exemption from the parallel year. FMCSA estimates that approximately requirements of § 373.73(a)(2)(iii) (81 FR 476,000 CLPs are issued annually Section 383.73 State Procedures 86067 (November 29, 2016)). nationwide. This estimate is based primarily on information from the V. Discussion of Proposed Rulemaking In § 383.73(a)(2)(iii) FMCSA makes minor changes to the text and replaces Commercial Driver’s License Requiring States To Issue a CLP for No ‘‘180 days’’ with ‘‘one year’’ to clarify in Information System (CDLIS), a More Than One Year, With or Without the instructions to States the proposed nationwide computer system that Renewal extended period of time that a CLP can enables SDLAs to ensure that each This proposed rule would amend be valid before a CLP holder would have commercial driver has only one driver’s §§ 383.25 (c) and 383.73(a)(2)(iii) to to re-test. FMCSA also provides for license and one complete driver record. allow States to issue a CLP for no more renewal of CLPs that have been issued Data provided by the American than one year, without requiring the for a period of less than a year. Association of Motor Vehicle Administrators (AAMVA) for the three CLP holder to retake the general and VII. Regulatory Analyses endorsement knowledge tests. The calendar years 2013 through 2015 Agency proposes a maximum period of A. E.O. 12866 (Regulatory Planning and indicate that approximately 476,000 CLP validity of one year, rather than the Review), E.O. 13563 (Improving new Master Pointer Records (MPRs) Regulation and Regulatory Review), and were added annually to CDLIS during 360-day maximum currently permitted 2 under §§ 383.25(c) and 383.73(a)(2)(iii). DOT Regulatory Policies and Procedures that time. An MPR is typically added to CDLIS within 10 days of issuing a The principal reason for this proposed This NPRM is not a significant change, as noted above and discussed CLP to a driver who is believed to have regulatory action under section 3(f) of never held one previously, or when a further below, is to increase efficiency Executive Order (E.O.) 12866 (58 FR in the licensing system and to reduce non-commercial driver is convicted of a 51735, October 4, 1993), Regulatory violation in a commercial motor vehicle costs to drivers and administrative Planning and Review, as supplemented burdens to SDLAs. FMCSA is also (CMV). FMCSA believes that the by E.O. 13563 (76 FR 3821, January 21, number of MPRs added to CDLIS for proposing the rule, however, in order to 2011), Improving Regulation and account for the fact that, in practice, drivers without a CLP or CDL but that Regulatory Review, and does not require were convicted of a violation while some States allow a ‘‘grace period’’ an assessment of potential costs and between the initial CLP issuance period driving a CMV is very small. To the benefits under section 6(a)(4) of that extent this may occur, the 476,000 value of 180 days and the 180-day renewal Order. It is also not significant within period currently allowed, thus resulting noted above may slightly overestimate the meaning of DOT regulatory policies the actual number of CLPs issued in a total period of time which may and procedures (DOT Order 2100.5 exceed 360 days from the time of initial annually. Conversely, due to certain dated May 22, 1980; 44 FR 11034, record retention requirements of CDLIS, issuance of the CLP. States that choose February 26, 1979). Accordingly, the to issue a CLP for an initial period of it may be possible that a CLP applicant Office of Management and Budget has already could have an MPR present in less than one year may provide for not reviewed it under these Orders. This renewal, as long as the renewed CLP is CDLIS (from a previous CDL or CLP that proposed rule would amend existing was held by that applicant and for not valid for more than one year from procedures and practices governing the the date of initial issuance of the which the MPR created remains in issuance of commercial learner’s CDLIS for some time after the CLP or original CLP. For example, under the permits. proposed change, a State could issue a CDL has expired or otherwise is no CLP that is valid for nine months. If that Costs and Benefits longer in force). To the extent this occurs, the 476,000 value noted above State chose to allow the CLP holder to This proposed rule allows States to renew the CLP, the renewal could not be may slightly underestimate the actual issue a CLP that is valid for no more number of CLPs issued annually. valid for longer than three months, up than one year from the date of initial to a total period of one year from the Despite these potential sources of minor issuance, with or without renewal uncertainty, FMCSA believes that the date of initial issuance. during that one-year period. This The Agency invites States and other estimate of approximately 476,000 CLPs approach would replace the current currently issued annually nationwide is interested parties to identify potential requirements, as set forth in §§ 383.25(c) costs (e.g., necessary changes in CLP- and 383.73(a)(2)(iii), which require that 1 The Driver and Motor Vehicle Services Division related IT systems), savings and process a CLP must be valid for no more than (DMV) of the Oregon Department of Transportation efficiencies that may result from the 180 days from the date of issuance, with (ODOT) currently offers a CLP that is valid for one year and cannot be renewed. See https:// proposed change, along with any an additional 180-day renewal possible supporting data. www.oregon.gov/ODOT/DMV/pages/driverid/ at the State’s discretion. cdlget.aspx (accessed February 9, 2017). ODOT VI. Section-By-Section Analysis The primary entities affected by this requested the limited exemption from the CLP requirements in 49 CFR 383.25(c), which FMCSA FMCSA proposes to amend part 383 proposed rule would be SDLAs and CLP issued on April 5, 2016, and which is applicable to in the following ways: holders. FMCSA is unable to estimate all SDLAs. how many of the 51 SDLAs may choose 2 This estimate excludes data for the month of Section 383.25 Commercial Learner’s under this proposed rule to issue a CLP October 2015, which appeared to be an anomalous Permit (CLP) outlier figure of about twice the typical monthly that is valid for up to one year. The figure for the 35 other months during the three year In § 383.25(c) FMCSA makes minor number of SDLAs that have thus far time period of 2013 through 2015 for which data changes to the text and replaces ‘‘180 chosen to issue a CLP that is valid for was obtained. It is believed that this may be due one year from the date of issuance in part to the requirement under MAP–21 Section days’’ with ‘‘one year’’ to reflect the 32305 (Commercial Driver’s License Program) that proposed extended period of time that without renewal, consistent with the States must be in compliance with all CDL a CLP can be valid before a CLP holder exemption to § 383.25(c) issued on April requirements by September 30, 2015.

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a reasonable one. The Agency SDLAs in its comments to the November of a CLP in order to offset any reduction specifically invites comment on the 27, 2015, notice of ODOT’s application in revenue resulting from the accuracy of this estimate. Of the for exemption (80 FR 74199), as elimination of CLP renewals and estimated 476,000 CLPs issued discussed in the Agency’s grant of associated fees, a transfer would occur annually, there is no readily available application for exemption published on from those CLP holders who in the source of information regarding how April 5, 2016 (81 FR 19703). Under the baseline would not have renewed their many are renewed. We therefore seek proposed rule, the decision by an SDLA CLP to CLP holders who in the baseline comment and supporting information to issue a CLP that is valid for up to one would have renewed their CLP.4 Here regarding the number of CLPs issued year would be discretionary. too there is no aggregate change in annually nationwide that are currently Accordingly, the Agency expects that social welfare resulting from this renewed. Because the Agency cannot SDLAs will choose to make this change impact, as again it is a simple transfer currently quantify the number of CLPs only to the extent that such IT system of value from one set of entities to issued annually that are renewed, nor upgrade costs would be less than the another. In any case, the extent to which the number of SDLAs that would choose reduced costs associated with no longer SDLAs that choose under this proposed to issue a CLP that is valid for up to one having to process renewals of CLPs, rule to issue a CLP that is valid for up year from the date of issuance, FMCSA thus resulting in a net benefit to the to one year may increase their fee for is unable to quantify the number of CLP SDLA. issuance of a CLP is unknown.5 The holders who would be affected by this Finally, though potential reductions incentive for an SDLA to do so, proposed rule. in CLP renewal fees collected by SDLAs however, is likely low due in part to the Although FMCSA is unable to may appear to be a cost of this proposed fact that CLP renewal fees are expected quantify the number of SDLAs that may rule to SDLAs, any such changes in to be a relatively small proportion of the choose to issue a CLP that is valid for renewal fee amounts are best classified overall fee revenue collected by any up to one year or the number of CLP as a transfer, which is discussed further given SDLA. holders that would be affected by this below. FMCSA seeks comment on B. Regulatory Flexibility Act proposed rule, there are certain types of supporting information regarding the benefits, costs, and transfers that may potential costs of this proposed rule. The Regulatory Flexibility Act of 1980 occur as a result of this rule. In addition to the potential benefits (RFA) (5 U.S.C. 601 et seq.), as amended The potential benefits of this and costs of the rule discussed above, by the Small Business Regulatory proposed rule would include reduced there are also certain transfer payment Enforcement Fairness Act of 1996 costs to CLP holders, including effects that may occur as a result of this (SBREFA) (Pub. L. 104–121, 110 Stat. reductions in the opportunity cost of rule. Transfer payments are monetary 857), requires Federal agencies to time that in the absence of this proposed payments from one group to another consider the impact of their regulatory rule would be spent by CLP holders that do not affect total resources proposals on small entities, analyze traveling to and from an SDLA office available to society, and therefore do not and at an SDLA office, renewing a CLP represent actual costs or benefits to 4 As an example of this type of transfer effect, that is valid for no more than 180 days. society. Because of the potential consider a scenario in which in the baseline 10,000 CLPs are issued annually by a State. Of these 10,000 Though potential savings to CLP holders elimination of CLP renewal fees, and the CLP holders, assume half (5,000) renew their CLP, of CLP renewal fees may also appear to potential for changes to CLP issuance and the remaining half do not. Finally, assume the be a benefit of this proposed rule, any fees, there are transfer effects that may fee for initial issuance of a CLP in this State is $25, such changes in renewal fee amounts result from this rule. These potential and that the fee for renewal of a CLP in this State are best classified as a transfer, which is is $20. Under this scenario, the total fee revenue transfer effects include a transfer of CLP collected by the SDLA would be $350,000 in the discussed further below. SDLAs may renewal fee amounts from SDLAs to baseline (calculated as 10,000 CLPs issued at $25 also realize potential benefits. For CLP holders, and a transfer of CLP each, plus 5,000 renewals at $20 each). Under the example, for SDLAs that chose under renewal fee amounts from one set of rule, with CLP renewal fee revenue now eliminated, this proposed rule to issue a CLP that for the SDLA to receive the same $350,000 of fee CLP holders to another set of CLP revenue as before the rule, the fee for CLP issuance is valid for up to one year, costs holders. In cases where an SDLA would need to increase from $25 to $35. Therefore, associated with processing renewals of maintains the same fee for issuance of the 5,000 drivers who in the baseline would not CLPs would be eliminated. However, a CLP, a transfer would occur from have renewed their CLP would incur an increase in there may be transfer payments as their fees from $25 to $35. However, the other 5,000 SDLAs to CLP holders. This transfer drivers who in the baseline would have had to discussed below. FMCSA seeks represents the total amount of CLP renew their CLP would realize a reduction in their comment and any supporting renewal fees that in the absence of this total fees from $45 (for CLP issuance plus CLP information regarding the potential proposed rule CLP holders renewing renewal) to $35. This would amount to a transfer from the former set of drivers (who in the baseline benefits of this proposed rule. their CLP would have paid SDLAs.3 FMCSA does not expect there to be would not have renewed their CLPs) to the latter Such reductions in CLP renewal fee set of drivers (who in the baseline would have any costs imposed upon CLP holders as amounts to SDLAs are properly renewed their CLPs). a result of this proposed rule. However, classified as a transfer, rather than as a 5 Under the limited exemption from the CLP there may be transfer payments as requirements in 49 CFR 383.25(c) that was issued cost to SDLAs (in the form of forgone fee on April 5, 2016, the Driver and Motor Vehicle discussed below. The potential costs of revenue) or as a benefit to CLP holders this proposed rule to SDLAs include Services Division (DMV) of the Oregon Department (in the form of CLP renewal fees no of Transportation (ODOT) did subsequently choose information technology (IT) system longer expended). There is no aggregate to offer a CLP that is valid for one year and cannot upgrade costs for those SDLAs that be renewed. See https://www.oregon.gov/ODOT/ change in social welfare resulting from DMV/pages/driverid/cdlget.aspx (accessed October choose to issue a CLP that is valid for this impact, as it is a simple transfer of up to one year. Such IT system upgrades 13, 2016). Based on a review of both the 2016–2017 value from one set of entities to another. Oregon Commercial Driver Manual (pg. 1–6, may include software programming Alternatively, in cases where an SDLA available at http://www.odot.state.or.us/forms/dmv/ changes necessary to reflect a change were to increase its fee for the issuance 36.pdf), and the 2012–2013 Oregon Commercial from a CLP that is valid for up to 180 Driver Manual (pg. 1–5, available at http://www.e- gears.com/manuals/or_cdl_manual.pdf), it appears days to a CLP that is valid for up to one 3 In some States, no fee is charged for CLP that the fee charged by ODOT for issuance of a CLP year. The State of Colorado noted the renewal, and therefore this type of transfer would was not changed when ODOT chose to offer a CLP potential for such IT system costs to not occur if CLP renewals were eliminated. that is valid for one year.

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effective alternatives that minimize the decision by an SDLA to issue a CLP their discretionary regulatory actions. In small entity impacts, and make their that is valid for up to one year is particular, the Act addresses actions analyses available for public comment. discretionary, the Agency expects that that may result in the expenditure by The term ‘‘small entities’’ means small SDLAs will choose to make this change State, local, or tribal governments, in the businesses and not-for-profit only to the extent that there is a net aggregate, or by the private sector, of organizations that are independently benefit to the SDLA. Furthermore, $156 million (which is the value owned and operated and are not though there may be some transfer equivalent of $100 million in 1995, dominant in their fields, and payment effects between certain types of adjusted for inflation to 2015 levels) or governmental jurisdictions with CLP holders, these effects will not be more in any one year. This proposed populations under 50,000.6 significant. The Agency does not believe rule, which is a discretionary regulatory Accordingly, DOT policy requires an that there will be any costs imposed action, would not result in such an analysis of the impact of all regulations upon CLP holders as a result of this expenditure. Nevertheless, the Agency on small entities, and mandates that rule, and CLP holders would benefit discusses the potential effects of this agencies strive to lessen any adverse from reductions in the opportunity cost proposed rule elsewhere in this effects on these entities. of time that in the absence of this preamble. When an agency issues a rulemaking proposed rule would be spent by CLP E. Paperwork Reduction Act proposal, the RFA requires the agency to holders traveling to and from an SDLA ‘‘prepare and make available for public office and at an SDLA office renewing This proposed rule would call for no comment an initial regulatory flexibility a CLP. Accordingly, I hereby certify that new collection of information under the analysis’’ which will ‘‘describe the this proposed rule, if promulgated, will Paperwork Reduction Act of 1995 (44 impact of the proposed rule on small not have a significant economic impact U.S.C. 3501–3520). on a substantial number of small entities’’ (5 U.S.C. 603(a)). Section 605 F. E.O. 13132 (Federalism) of the RFA allows an agency to certify entities. FMCSA invites comment from a rule, in lieu of preparing an analysis, anyone who believes there will be a A rule has implications for if the proposed rulemaking is not significant impact on small entities from Federalism under Section 1(a) of E.O. expected to have a significant economic this action. 13132 if it has ‘‘substantial direct effects on the States, on the relationship impact on a substantial number of small C. Assistance for Small Entities entities. between the national government and The primary entities affected by this In accordance with section 213(a) of the States, or on the distribution of proposed rule would be SDLAs and CLP the Small Business Regulatory power and responsibilities among the holders. Under the standards of the Enforcement Fairness Act of 1996, various levels of government.’’ RFA, as amended by the SBREFA, FMCSA wants to assist small entities in FMCSA determined that this proposal neither SDLAs nor CLP holders are understanding this proposed rule so that would not have substantial direct costs small entities. SDLAs are not considered they can better evaluate its effects on on or for States, nor would it limit the small entities because they do not meet themselves and participate in the policymaking discretion of States. This the definition of a small entity in rulemaking initiative. If the proposed proposed rule does not preempt any Section 601 of the RFA. Specifically, rule would affect your small business, State law or regulation. Therefore, this States are not considered small organization, or governmental proposed rule does not have sufficient governmental jurisdictions under jurisdiction and you have questions Federalism implications to warrant the Section 601(5) of the RFA, both because concerning its provisions or options for preparation of a Federalism Impact State government is not included among compliance, please consult the FMCSA Statement. the various levels of government listed point of contact, Selden Fritschner, FOR FURTHER INFORMATION G. E.O. 12988 (Civil Justice Reform) in Section 601(5), and because, even if listed in the This proposed rule meets applicable this were the case, no State nor the CONTACT section of this proposed rule. Small businesses may send comments standards in sections 3(a) and 3(b)(2) of District of Columbia has a population of on the actions of Federal employees E.O. 12988, Civil Justice Reform, to less than 50,000, which is the criterion who enforce or otherwise determine minimize litigation, eliminate by which a governmental jurisdiction is compliance with Federal regulations to ambiguity, and reduce burden. considered small under Section 601(5) the Small Business Administration’s of the RFA. CLP holders are not H. E.O. 13045 (Protection of Children) Small Business and Agriculture considered small entities because they Regulatory Enforcement Ombudsman E.O. 13045, Protection of Children too do not meet the definition of a small and the Regional Small Business from Environmental Health Risks and entity in Section 601 of the RFA. Regulatory Fairness Boards. The Safety Risks (62 FR 19885, April 23, Specifically, CLP holders are considered Ombudsman evaluates these actions 1997), requires agencies issuing neither a small business under Section annually and rates each agency’s ‘‘economically significant’’ rules, if the 601(3) of the RFA, nor are they responsiveness to small business. If you regulation also concerns an considered a small organization under wish to comment on actions by environmental health or safety risk that Section 601(4) of the RFA. Therefore, employees of FMCSA, call 1–888–REG– an agency has reason to believe may this proposed rule will not have an FAIR (1–888–734–3247). DOT has a disproportionately affect children, to impact on a substantial number of small policy regarding the rights of small include an evaluation of the regulation’s entities. entities to regulatory enforcement environmental health and safety effects In any case, this rule provides SDLAs on children. The Agency determined the flexibility to choose whether to fairness and an explicit policy against retaliation for exercising these rights. this proposed rule is not economically adopt the one-year CLP validity. As significant. Therefore, no analysis of the described in more detail earlier, because D. Unfunded Mandates Reform Act of impacts on children is required. In any 1995 event, this regulatory action does not in 6 Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Available at: https://www.sba.gov/advocacy/ The Unfunded Mandates Reform Act any respect present an environmental regulatory-flexibility-act (accessed February 13, of 1995 (2 U.S.C. 1531–1538) requires health or safety risk that could 2017). Federal agencies to assess the effects of disproportionately affect children.

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I. E.O. 12630 (Taking of Private responsibilities between the Federal populations and low-income Property) Government and Indian tribes. populations’’ in the United States, its possessions, and territories. FMCSA FMCSA reviewed this proposed rule N. National Technology Transfer and evaluated the environmental justice in accordance with E.O. 12630, Advancement Act (Technical effects of this proposed rule in Governmental Actions and Interference Standards) with Constitutionally Protected Property accordance with the E.O., and has The National Technology Transfer Rights, and has determined it will not determined that no environmental and Advancement Act (NTTAA) (15 effect a taking of private property or justice issue is associated with this U.S.C. 272 note) directs agencies to use otherwise have taking implications. proposed rule, nor is there any voluntary consensus standards in their collective environmental impact that J. Privacy regulatory activities unless the agency would result from its promulgation. provides Congress, through OMB, with The Consolidated Appropriations Act, List of Subjects in 49 CFR 383 2005, (Pub. L. 108–447, 118 Stat. 2809, an explanation of why using these 3268, 5 U.S.C. 552a note) requires the standards would be inconsistent with Administrative practice and Agency to conduct a privacy impact applicable law or otherwise impractical. procedure, Alcohol abuse, Drug abuse, assessment (PIA) of a regulation that Voluntary consensus standards (e.g., Highway safety, Motor carriers. will affect the privacy of individuals. specifications of materials, performance, In consideration of the foregoing, Because this proposed rule does not design, or operation; test methods; FMCSA proposes to amend 49 CFR require the collection of personally sampling procedures; and related chapter 3, part 383 to read as follows: identifiable information (PII), the management systems practices) are standards that are developed or adopted Agency is not required to conduct a PIA. PART 383—COMMERCIAL DRIVER’S The E-Government Act of 2002, by voluntary consensus standards bodies. This proposed rule does not use LICENSE STANDARDS; Public Law 107–347, § 208, 116 Stat. REQUIREMENTS AND PENALTIES 2899, 2921 (Dec. 17, 2002), requires technical standards. Therefore, FMCSA did not consider the use of voluntary Federal agencies to conduct a PIA for ■ 1. The authority citation for part 383 new or substantially changed consensus standards. continues to read as follows: technology that collects, maintains, or O. Environment (NEPA, CAA, disseminates information in an Environmental Justice) Authority: 49 U.S.C. 521, 31136, 31301 et identifiable form. No new or seq., and 31502; secs. 214 and 215 of Pub. L. substantially changed technology would FMCSA analyzed this NPRM for the 106–159, 113 Stat. 1748, 1766, 1767; sec. purpose of the National Environmental 1012(b) of Pub. L. 107–56, 115 Stat. 272, 297; collect, maintain, or disseminate sec. 4140 of Pub. L. 109–59, 119 Stat. 1144, information as a result of this rule. Policy Act of 1969 (42 U.S.C. 4321 et seq.) and determined this action is 1746; sec. 32934 of Pub. L. 112–141, 126 Stat. Accordingly, FMCSA has not conducted 405, 830; sec. 7208 of Pub. L. 114–94, 129 a PIA. categorically excluded from further analysis and documentation in an Stat. 1312, 1593; and 49 CFR 1.87. K. E.O. 12372 (Intergovernmental environmental assessment or ■ 2. Amend § 383.25 to revise paragraph Review) environmental impact statement under (c) to read as follows: The regulations implementing E.O. FMCSA Order 5610.1(69 FR 9680, March 1, 2004), Appendix 2, paragraph § 383.25 Commercial learner’s permit 12372 regarding intergovernmental (CLP). consultation on Federal programs and 6.t.(2). The Categorical Exclusion (CE) in activities do not apply to this program. paragraph 6.t.(2) includes regulations to * * * * * ensure that the States comply with the (c) The CLP must be valid for no more L. E.O. 13211 (Energy Supply, provisions of the Commercial Motor than one year from the date of issuance Distribution, or Use) Vehicle Safety Act of 1986. The without requiring the CLP holder to FMCSA has analyzed this proposed requirements in this proposed rule are retake the general and endorsement rule under E.O. 13211, Actions covered by this CE and the proposed knowledge tests. CLPs issued for a Concerning Regulations That action does not have a significant effect period of less than one year may be Significantly Affect Energy Supply, on the quality of the human renewed as long as the renewed CLP is Distribution, or Use. The Agency has environment. The CE determination is valid for no more than one year from the determined that the rule is not a available for inspection or copying in date of initial issuance of the original ‘‘significant energy action’’ under that the Federal eRulemaking Portal: http:// CLP. order because it is not a ‘‘significant www.regulations.gov. ■ 3. Amend § 383.73 to revise paragraph regulatory action’’ likely to have a FMCSA also analyzed this proposed (a)(2)(iii) to read as follows: significant adverse effect on the supply, rule under the Clean Air Act, as distribution, or use of energy. Therefore, amended (CAA), section 176(c) (42 § 383.73 State procedures. it does not require a Statement of Energy U.S.C. 7401 et seq.), and implementing (a) * * * regulations promulgated by the Effects under E.O. 13211. (2) * * * Environmental Protection Agency. M. E.O. 13175 (Indian Tribal Approval of this action is exempt from (iii) Make the CLP valid for no more Governments) the CAA’s general conformity than one year from the date of issuance This proposed rule does not have requirement since it does not affect without requiring the CLP holder to tribal implications under E.O. 13175, direct or indirect emissions of criteria retake the general and endorsement Consultation and Coordination with pollutants. knowledge tests. CLPs issued for a Indian Tribal Governments, because it Under E.O. 12898, each Federal period of less than one year may be would not have a substantial direct agency must identify and address, as renewed as long as the renewed CLP is effect on one or more Indian tribes, on appropriate, ‘‘disproportionately high valid for no more than one year from the the relationship between the Federal and adverse human health or date of initial issuance of the original Government and Indian tribes, or on the environmental effects of its programs, CLP. distribution of power and policies, and activities on minority * * * * *

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Issued under authority delegated in 49 CFR Administration, 1200 New Jersey are questions regarding your 1.87 on: June 6, 2017. Avenue SE., Washington, DC 20590– submission. Daphne Y. Jefferson, 0001, by email at Selden.fritschner@ To submit your comment online, go to Deputy Administrator. dot.gov, or by telephone at 202–366– http://www.regulations.gov, put the [FR Doc. 2017–12080 Filed 6–9–17; 8:45 am] 0677. If you have questions on viewing docket number, FMCSA–2017–0047, in BILLING CODE 4910–EX–P or submitting material to the docket, the keyword box, and click ‘‘Search.’’ contact Docket Services, telephone (202) When the new screen appears, click on 366–9826. the ‘‘Comment Now!’’ button and type DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: your comment into the text box on the following screen. Choose whether you This notice of proposed rulemaking Federal Motor Carrier Safety are submitting your comment as an (NPRM) is organized as follows: Administration individual or on behalf of a third party I. Public Participation and Request for and then submit. 49 CFR Part 383, 384 Comments If you submit your comments by mail A. Submitting Comments or hand delivery, submit them in an [Docket No. FMCSA–2017–0047] B. Viewing Comments and Documents unbound format, no larger than 81⁄2 by RIN 2126–AB99 C. Privacy Act D. Waiver of Advance Notice of Proposed 11 inches, suitable for copying and Rulemaking electronic filing. If you submit Military Licensing and State comments by mail and would like to Commercial Driver’s License II. Executive Summary III. Legal Basis for the Rulemaking know that they reached the facility, Reciprocity IV. Regulatory Background please enclose a stamped, self-addressed AGENCY: Federal Motor Carrier Safety A. Current Standards postcard or envelope. Administration (FMCSA), DOT. B. Recent Activity FMCSA will consider all comments V. Discussion of Proposed Rulemaking and material received during the ACTION: Notice of proposed rulemaking. VI. Removal of Regulatory Guidance comment period and may change this VII. International Impacts proposed rule based on your comments. SUMMARY: This proposed rule would VIII. Section-by-Section allow State Driver Licensing Agencies IX. Regulatory Analyses FMCSA may issue a final rule at any (SDLAs) to waive the requirements for A. Executive Order (E.O.) 12866 time after the close of the comment the commercial driver’s license (CDL) (Regulatory Planning and Review), E.O. period. knowledge tests for certain individuals 13563 (Improving Regulation and B. Viewing Comments and Documents who are, or were, regularly employed Regulatory Review), and DOT Regulatory within the last year in a military Policies and Procedures) To view comments, as well as any position that requires/required, the B. Regulatory Flexibility Act (Small documents mentioned in this preamble Entities) as being available in the docket, go to operation of a commercial motor vehicle C. Assistance for Small Entities (CMV). http://www.regulations.gov. Insert the D. Unfunded Mandates Reform Act of 1995 docket number, FMCSA–2017–0047, in DATES: Comments on this notice must be E. Paperwork Reduction Act (Collection of the keyword box, and click ‘‘Search.’’ received on or before August 11, 2017. Information) F. E.O. 13132 (Federalism) Next, click the ‘‘Open Docket Folder’’ ADDRESSES: You may submit comments button and choose the document to identified by Docket Number FMCSA– G. E.O. 12988 (Civil Justice Reform) H. E.O. 13045 (Protection of Children) review. If you do not have access to the 2017–0047 using any of the following I. E.O. 12630 (Taking of Private Property) Internet, you may view the docket methods: • J. Privacy online by visiting the Docket Federal eRulemaking Portal: http:// K. E.O. 12372 (Intergovernmental Review) Management Facility in Room W12–140 www.regulations.gov. Follow the online L. E.O. 13211 (Energy Supply, Distribution, on the ground floor of the DOT West instructions for submitting comments. or Use) • Building, 1200 New Jersey Avenue SE., Mail: Docket Management Facility, M. E.O. 13175 (Indian Tribal Governments) Washington, DC 20590, between 9 a.m. U.S. Department of Transportation, 1200 N. National Technology Transfer and Advancement Act (Technical Standards) and 5 p.m., e.t., Monday through Friday, New Jersey Avenue SE., West Building, except Federal holidays. Ground Floor, Room W12–140, O. Environment (NEPA, CAA, Washington, DC 20590–0001. Environmental Justice) C. Privacy Act • Hand Delivery or Courier: West I. Public Participation and Request for In accordance with 5 U.S.C. 553(c), Building, Ground Floor, Room W12– Comments DOT solicits comments from the public 140, 1200 New Jersey Avenue SE., A. Submitting Comments to better inform its rulemaking process. Washington, DC, between 9 a.m. and 5 DOT posts these comments, without p.m., Monday through Friday, except If you submit a comment, please edit, including any personal information Federal holidays. include the docket number for this the commenter provides, to • Fax: 202–493–2251. NPRM (Docket No. FMCSA–2017– www.regulations.gov, as described in To avoid duplication, please use only 0047), indicate the specific section of the system of records notice (DOT/ALL– one of these four methods. See the this document to which each section 14 FDMS), which can be reviewed at ‘‘Public Participation and Request for applies, and provide a reason for each www.dot.gov/privacy. Comments’’ portion of the suggestion or recommendation. You SUPPLEMENTARY INFORMATION section for may submit your comments and D. Waiver of Advance Notice of instructions on submitting comments, material online or by fax, mail, or hand Proposed Rulemaking including collection of information delivery, but please use only one of Under section 5202 of the Fixing comments for the Office of Information these means. FMCSA recommends that America’s Surface Transportation Act, and Regulatory Affairs, OMB. you include your name and a mailing Public Law 114–94 (FAST Act), if a FOR FURTHER INFORMATION CONTACT: Mr. address, an email address, or a phone regulatory proposal is likely to lead to Selden Fritschner, CDL Division, number in the body of your document the promulgation of a major rule, Federal Motor Carrier Safety so that FMCSA can contact you if there agencies are required to start the process

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with an advance notice of proposed FAST Act [Pub. L. 114–94, 129 Stat. 31305(d)(2)(B) defines a ‘‘covered rulemaking (ANPRM) or a negotiated 1312, 1546, December 4, 2015]. This individual’’ as someone over 21 years of rulemaking, unless the Agency finds section requires FMCSA to modify the age who is ‘‘(i) a former member of the good cause that an ANPRM is minimum testing standards of its CDL armed forces; or (ii) a former member of impracticable, unnecessary, or contrary regulations to credit the training and the reserve components’’ [emphasis to the public interest. This NPRM is not knowledge that certain current or former added]. Limitation of the ‘‘credit’’ to be subject to these provisions because it is military drivers received in the armed conferred by section 5401(a) to former not likely to lead to the promulgation of forces, including the reserve members of the active-duty armed forces a major rule. components and National Guard, in is at least understandable, since active- order to drive military vehicles similar II. Executive Summary duty service members would to civilian CMVs [49 U.S.C. presumably not have enough off-duty This proposed rule would allow 31305(d)(1)(C)]. time to engage in civilian driving SDLAs to waive the requirements for a The CMVSA provides broadly that requiring a CDL. However, limiting that knowledge test for certain individuals ‘‘[t]he Secretary of Transportation shall ‘‘credit’’ to former members of the who are regularly employed, or were prescribe regulations on minimum reserve components would exclude regularly employed within the last year, standards for testing and ensuring the large numbers of current reservist in a military position requiring the fitness of an individual operating a drivers who received the same rigorous operation of a CMV. This rulemaking commercial motor vehicle’’ [49 U.S.C. military CMV training as active-duty implements part of section 5401 of the 31305(a)]. In general, those regulations personnel but perform military service FAST Act. must include (1) minimum standards for only part-time, while holding full-time Today’s proposed rule, in knowledge and driving (skills) tests, (2) civilian jobs. Because the clear objective combination with a recent rulemaking— use of a representative vehicle to take of section 5401(a) is to make it easier for Commercial Driver’s License the driving test, (3) minimum testing trained military drivers to obtain CDLs Requirements of the Moving Ahead for standards, and (4) working knowledge and move into civilian driving careers, Progress in the 21st Century Act (MAP– of CMV regulations and vehicle safety and because the word ‘‘former’’ in the 21) and the Military Commercial systems [49 U.S.C. 31305(a)(1)–(4)]. definition of a ‘‘covered individual’’ Driver’s License Act of 2012, published Section 5401(a) of the FAST Act largely defeats the purpose of the on October 13, 2016, (81 FR 70634), added 49 U.S.C. 31305(d): ‘‘Standards statute, FMCSA has concluded that it hereafter referred to as the Military CDL for Training and Testing of Veteran would be appropriate to expand the I Rule—would give States the option to Operators.’’ Section 31305(d)(1)(A) eligible population. This NPRM would waive both the CDL knowledge and required the Agency to modify its CDL therefore allow SDLAs to waive the skills tests for certain current and regulations to ‘‘exempt a covered knowledge test for both current and former military service members who individual from all or a portion of a former service members who had received training in the operation of driving test if the covered individual undergone certain CMV driver training CMVs during active-duty or reserve had experience in the armed forces or while serving in the military. Using the service in military vehicles that are reserve components driving vehicles broad authority of 49 U.S.C. 31315(b), comparable to CMVs. The combined similar to a commercial motor vehicle.’’ the Agency took the same position effect of the Military CDL I Rule and this Section 31305(d)(1)(B) required FMCSA (without comment) in granting all proposal would allow certain current or to ‘‘ensure that a covered individual SDLAs the temporary option (for a 2- former military drivers, domiciled in may apply for an exemption under year period) of waiving the CDL participating States, to transition more subparagraph (A) during, at least, the 1- knowledge test for current or former quickly from the armed forces to year period beginning on the date on members of the military services, civilian driving careers. which such individual separates from FMCSA evaluated potential costs and services in the armed forces or reserve including the reserves and National benefits associated with this proposed components.’’ The term ‘‘reserve Guard, who had completed certain rulemaking. The Agency concluded that components’’ includes the Army and formal military driver training (81 FR costs, if any, would be minimal and are Air National Guard. Section 5401(c) also 74861, Oct. 27, 2016). not quantifiable, while benefits would directed the Agency to adopt regulations Federal training standards for CMV accrue primarily to certain current and allowing certain military personnel an drivers were adopted only recently. former military service members exemption from the normal CDL Section 32304 of the Moving Ahead for transitioning into civilian careers as domicile requirement, as authorized by Progress in the 21st Century Act (MAP– CMV drivers, and secondarily to their the Military Commercial Driver’s 21) [Pub. L. 112–141, July 6, 2012, 126 potential employers. Because the License Act of 2012 [Military CDL Act] Stat. 405, 791] required entry-level proposed rule is voluntary—States are and codified at 49 U.S.C. driver training (ELDT) of CDL not required to waive the knowledge 31311(a)(12)(C). These three provisions applicants [49 U.S.C. 31305(c)]. That and/or skills tests—potential variations were implemented by the Military CDL requirement was promulgated on among States with respect to conditions I Rule. December 8, 2016 [81 FR 88732]. and limitations imposed beyond those The last element of section 5401(a), However, the ELDT rule provides that of this proposed rule could be which was not addressed in the Military ‘‘(3) Veterans with military CMV substantial. The Agency is unable to CDL I Rule, directed the Agency to experience who meet all the quantify these benefits. ‘‘credit the training and knowledge a requirements and conditions of § 383.77 covered individual received in the of this chapter’’ are not required to III. Legal Basis for the Rulemaking armed forces or reserve components complete the new entry-level training This rulemaking rests on the authority driving vehicles similar to a commercial program [49 CFR 380.603(a)(3)]. Because of the Commercial Motor Vehicle Safety motor vehicle for purposes of satisfying § 383.77 authorizes the States to exempt Act of 1986 (CMVSA), as amended, minimum standards for training and CDL applicants with military CMV codified at 49 U.S.C. chapter 313 and 49 knowledge’’ [49 U.S.C. 31305(d)(1)(C)]. experience from the driving skills test, CFR parts 382, 383, and 384. The NPRM That requirement is the subject of this those drivers are also exempt from also responds to section 5401(a) of the NPRM. It should be noted that section ELDT.

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Under 49 CFR 383.77, as amended by administer the knowledge and skills § 383.77 Substitute for Driving Skills the Military CDL I Rule, the Agency tests for a CLP or CDL. The SDLA in the Tests for Drivers With Military CMV now provides partial credit for military State of domicile could then issue the Experience drivers’ training and knowledge by CLP or CDL on the basis of tests allowing States to exempt from the CDL performed by the SDLA in the State of Section 383.77(a)(1) would be revised driving skills test those employees who duty station. to match proposed section are or were regularly employed within 383.79(b)(2)(iii) and to avoid the the last year in a military position Knowledge Test Exemption Request unintended implication of the reference requiring the operation of a military to ‘‘not . . . more than one license.’’ The Missouri Department of Revenue vehicle that is comparable to a CMV. That original language could be misread (DOR) submitted a request for an This NPRM would implement 49 to disqualify from the skills test waiver U.S.C. 31305(d)(1)(C) by giving States exemption from the FMCSA regulation a driver who, in the two years the discretion (subject to certain limits) that requires any driver to pass the immediately before applying for a CDL, to exempt CDL applicants with military general knowledge test before being moved from one State to another and CMV experience from the knowledge issued a CLP or CDL. The request is held licenses sequentially, but not test required for a commercial learner’s available in docket FMCSA–2016–0130, simultaneously, from both States. The permit (CLP). This NPRM would or at: https://www.regulations.gov/ proposed language makes it clear that an complete the requirement of section document?D=FMCSA-2016-0130-0004. applicant cannot simultaneously have 31305(d)(1)(C) to ‘‘credit the training The Missouri DOR asked FMCSA to held more than one civilian license, in and knowledge a covered individual waive the knowledge test requirement addition to a military license. received in the armed forces or reserve for qualified veterans who participated components driving vehicles similar to in dedicated training through approved § 383.79 Skills Testing of Out-of-State a commercial motor vehicle for military programs. The Missouri DOR Students; Knowledge Test Waivers for purposes of satisfying minimum contended that qualified personnel who Military Personnel standards for training and knowledge.’’ participated in such programs had The proposal would amend IV. Regulatory Background already received the numerous hours of § 383.79(b) to allow States to waive the classroom training, practical skills, and CLP knowledge test for certain current A. Current Standards one-on-one road training that are or former military service members Knowledge Test essential for safe driving. Upon (subject to certain conditions and reviewing the request, FMCSA agreed limitations) who were regularly As specified in 49 CFR with Missouri DOR’s reasoning and 383.71(a)(2)(ii), any individual applying employed in a military position granted a two-year exemption on for a CDL or CLP is required to take and requiring the operation of a CMV during October 27, 2016 (81 FR 74861). The pass a general knowledge test. The the year immediately preceding the general knowledge test must meet the Agency extended the exemption to license application. The conditions Federal standards contained in subparts allow all SDLAs, at their discretion, to imposed on the waiver are essentially F, G, and H of part 383 for the waive the knowledge test requirements those included in § 383.77 when that commercial vehicle group that person to qualified veterans, reservists, provision was adopted in 2011. operates or expects to operate. National Guard, and active-duty Like the Military CDL I Rule, this personnel. Skills Test proposed rule would be permissive, i.e., V. Discussion of Proposed Rulemaking the States would be allowed, but not A final rule published on May 9, 2011 required, to exercise the waiver option. [‘‘Commercial Driver’s License Testing This NPRM addresses the third and Commercial Learner’s Permit requirement of section 5401(a) of the § 384.301 Substantial Compliance Standards’’ (76 FR 26854)] added new FAST Act [49 U.S.C. 31305(d)(1)(C)] by General Requirements 49 CFR 383.77, which allowed the proposing to allow SDLAs to exempt FMCSA would amend 49 CFR States to substitute CDL applicants’ certain personnel from the CDL 384.301 by adding paragraph (l), eligible military CMV experience for the knowledge test. Those personnel are skills test. specifying a 3-year compliance date for drivers who are regularly employed, or States. FMCSA has always allowed the B. Recent Activity were regularly employed within the last States 3 years after the effective date of year, in a military position requiring Military CDL I Rule any new CDL rule to come into operation of a military vehicle substantial compliance with its The Military CDL I Rule addressed the comparable to a CMV, and who requirements. This would allow the requirements of 49 U.S.C. completed an approved military driver States time to pass legislation needed to 31305(d)(1)(A) and (B) (81 FR 70634). training program. FMCSA believes that comply with the new provisions. That rule allowed States to extend from this proposal would maintain a level of 90 days to 1 year the period of time for safety equivalent to, or greater than, the Justification for Changes: Armed Forces an individual who is regularly level that would be achieved by Heavy-Vehicle Driver Training Programs employed or was regularly employed in requiring military-trained drivers to a position requiring operation of a CMV Upon reviewing military driver pass the knowledge test. to apply for a skills test waiver after training programs, the Agency has leaving the military. § 383.23 Commercial Driver’s License concluded that these programs enable Additionally, the Military CDL I Rule drivers to maintain a level of safety allowed the SDLA in the State where The reference to ‘‘written’’ tests in equivalent to, or greater than, the level military personnel are stationed (State § 383.23(a)(1) would be changed to that would be achieved by requiring of duty station) to coordinate with the ‘‘knowledge’’ tests to be consistent with them to pass the CDL knowledge test. State of domicile to expedite the terminology used elsewhere in part 383. The Army, Air Force, Navy, and Marine processing of applications and Corps provide specific training

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dedicated to operating heavy-duty The core curriculum is based on the without a trailer. Instructors ride with vehicles.1 material in the American Association of the students as they operate on There are three basic military job Motor Vehicle Administrators (AAMVA) approved road routes. Specific training training classifications, with additional CDL Manual—2005 edition (2014 areas (pads) are set aside for the training for other types of heavy-duty revised). Students participating in the students to practice their backing skills specialty vehicles (e.g., gasoline haulers, basic 2T1 curriculum learn general and ground guide procedures safely. construction vehicles, and military principles in the classroom. Specialized The Marine Corps training curriculum equipment transport oversize/ training occurs at the installation using also includes emergency procedures and overweight [non-track vehicles]). the Tractor Trailer Plan of Instruction. cargo loading. The four core training programs for A minimum of 40 hours over-the-road Navy—EO—Equipment Operator heavy vehicle operations, based on the time is expected on each vehicle/trailer occupational specialty code of the type. The core curriculum of the USN service member, are: Topics covered in the Air Force Heavy Vehicle Operator (Truck Driver) • Army—88M—Motor Transport Vehicle Operations course include: (EO) course (53–3032.00) is designed to Operator. Overview of training and Federal train Navy personnel how to operate • Air Force—2T1—Vehicle requirements; Federal motor vehicle passenger and cargo vehicles to rated Operations. safety standards; tractor/trailer design; capacity. They palletize, containerize, • Marine Corps—3531—Motor hazards and human factors relative to load and safely transport various types Vehicle Operator. the environment where used; safety of cargo and demonstrate knowledge • Navy—EO—Equipment Operator. clothing and equipment; driving safely; and skills for qualifying as a driver Army—88M Training pre- and post-trip vehicle inspection; journeyman. The complete program basic vehicle control; shifting gears; covers topics including: The 88M Instructor Training Manual managing space and speed; driving in • Hazardous materials transportation is 142 pages long. The student manual— mountains, fog, winter, very hot • Line haul planning STP 55–88M14–SM–TG Soldier’s weather, and at night; railroad crossings; • Manual tractor-truck operations Manual and Trainer’s Guide 88M, Motor defensive awareness to avoid hazards • Vehicle Recovery Operations Transport Operator—is 229 pages long and emergencies; skid control and The course is taught over 160 hours and includes four levels of training. The recovery; what to do in case of a crash; 6-week core curriculum of the Army including 30 hours classroom and 130 fires; staying alert and fit to drive; hours lab (behind the wheel). By 88M course contains a total of 221 hours hazardous materials—rules for all of training, including: completing this course, the Navy driver • commercial drivers; preparing, will be able to: Lecture—32 classroom hours. inspecting, and transporting cargo • • Practical application—road Perform the duties of normal, non- safely; inspecting and driving with air combat conditions driving in driving—189 hours. brakes; driving combination vehicles Motor Transport Operators are accordance with the local state driver safely; and coupling and uncoupling. primarily responsible for operating licensing agency’s CDL driver Marine Corps—3531—Motor Vehicle handbook; wheeled vehicles to transport personnel • and cargo. Motor Transport Operator Operator Manage hazardous petroleum, oils and lubricants (POL) material required duties include: Interior components/ The core curriculum of the Marine controls and indicators; basic vehicle during line haul and worksite activities, Corps 3531 course—TM 11240–15/3G to support normal, non-combat control; driving vehicles over all types contains three training areas: of roads and terrain, traveling alone or • operations; Lecture—24 classroom hours. • Perform preventive maintenance on in convoys; braking, coupling, backing, • Demonstration—classroom/training and alley docking; adverse/tactical a non- or up-armored manual truck pad—35 hours. tractor with drop-neck trailer, consisting driving operations; pre-trip inspections; • Practical application—road of pre-start, during-operations, and reading load plans; checking oil, fuel driving—198 hours. after-operations equipment checks, to and other fluid levels, as well as tire Instructional breakout includes: pressure; operations in automatic and • Demonstration: 35 hours. support normal, non-combat operations, manual modes; crash prevention; safety • Guided discussion: 1.5 hours. in accordance with local State Driver • Lecture: 24 hours. License Agency CDL handbooks; check procedures; basic vehicle • maintenance and repairs; transporting • Performance examination: 62 Operate vehicle controls of a non- hazardous materials; and keeping hours. or up-armored manual truck-tractor, to mileage records. • Practical application (individual): support normal, non-combat operations; 198 hours. and Air Force—2T1—Vehicle Operations • Knowledge examination: 7 hours. • Be proficient with the components The Air Force Tractor Trailer Plan of Classroom instruction includes and controls of a drop-neck trailer Instruction (POI) is 226 pages long. The lectures, demonstration, and practice relative to a detached/attached minimum length of instruction for the time for the specific tasks identified. gooseneck and a coupled/uncoupled basic school is 84 hours, including: Each classroom session includes trailer. • 22 hours of classroom. knowledge and performance evaluations Other topics covered within the Navy • 62 hours of hands-on activity, both to ensure students have mastered all of EO training program include: alone on a training pad and on the road the learning objectives for the specialty • Development and maintenance of with an instructor. proficiency. Training includes both operational records simulators and actual vehicle operation. • Operation of high mobility multi- 1 Note: Heavy-duty vehicles is a generic Practical training includes on-the-road purpose wheeled vehicles description used in the military to describe vehicles and skills operations, ground guide • Weight distribution and load that have been determined by FMCSA and the procedures, and operating a vehicle securement American Association of Motor Vehicle • Administrators to have weights equal to or larger with a towed load. Students practice Loading bulk and container cargo than the weights that require a driver to hold a CDL. their driving and backing, with and • Preventive maintenance

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• Pre- and post-trip vehicle safety CDL applicants trained out-of-State, (4) Raise novel legal or policy issues inspections would not be modified. arising out of legal mandates, the Existing paragraph (b), Military President’s priorities, or the principles The military training programs service member applicants for a CLP or set forth in the E.O. described above are thorough and CDL, would be removed and replaced by FMCSA has determined that this comprehensive. They incorporate most a new paragraph (b), Knowledge test action is not a significant regulatory of the elements recommended by the waivers for certain current or former action within the meaning of E.O. 12866 Professional Truck Driver Institute, military service members applying for a or significant within the meaning of which has been the principal standard- CLP or CDL. Department of Transportation regulatory setting organization for private-sector Existing paragraph (b)(1) would be policies and procedures. However, motor carrier training for decades. They redesignated as proposed paragraph (c). FMCSA did evaluate the costs and are also entirely compatible with the A new paragraph, In general, would be benefits of this proposed rulemaking. requirements of FMCSA’s recently- added as paragraph (b)(1). This proposed rulemaking would not adopted ELDT rule. Although geared to Existing paragraph (b)(2) would be result in an annual effect on the heavy-duty military vehicles, military redesignated as proposed paragraph (d). economy of $100 million or more, lead training is readily transferrable to a A new paragraph, Conditions and to a major increase in costs or prices, or civilian context, since the operational limitations, would be added as have significant adverse effects on the characteristics of large military and paragraph (b)(2), outlining the United States economy. civilian vehicles are very similar and, in requirements to apply for a waiver of Costs and Benefits some cases, identical. The Agency the knowledge test. believes that exempting these drivers Redesignated paragraph (c) would FMCSA evaluated potential costs and from the CLP knowledge test, in retain the content of current paragraph benefits associated with this proposed addition to the skills test, will have no (b)(1), State of duty station, but with rulemaking. The Agency concludes that adverse effect on highway safety. some editorial changes. costs, if any, would be minimal and are non-quantifiable, while benefits would VI. Removal of Regulatory Guidance New paragraph (d), Electronic transmission, is currently codified as be realized by certain current and former military service members FMCSA’s previous regulatory paragraph (b)(2). transitioning into civilian careers guidance for § 383.77 was removed New paragraph (e), State of domicile, driving CMVs, as well as by their when the Agency’s guidance for 49 CFR would be revised to reflect the new potential employers. Due to the parts 383 and 384 was revised and waiver options proposed by this NPRM. reissued; see ‘‘Commercial Driver’s voluntary nature of the proposed rule License Standards, Requirements and § 384.301 Substantial Compliance and potential variations across States Penalties; Regulatory Guidance’’ (DATE General Requirements with respect to conditions and XX FR XXXX). This proposed rule would not alter limitations imposed beyond those of § 383.79, the Agency is unable to VII. International Impacts the existing paragraphs in this section. Paragraph (l) is added. quantify these benefits. The FMCSRs, and any exceptions to Section 383.79(b) the FMCSRs, apply only within the IX. Regulatory Analyses The proposed rule would allow States United States (and, in some cases, A. Executive Order (E.O.) 12866 United States territories). Motor carriers to waive the requirement in (Regulatory Planning and Review), E.O. § 383.23(a)(1) that an applicant must and drivers are subject to the laws and 13563 (Improving Regulation and regulations of the countries in which pass a knowledge test for a CLP, Regulatory Review), and DOT including waiver of the knowledge test they operate, unless an international Regulatory Policies and Procedures agreement states otherwise. Drivers and for a CLP required by § 383.111, for carriers should be aware of the Under E.O. 12866 (58 FR 51735, certain current or former military regulatory differences among nations. October 4, 1993) as supplemented by service members. This proposed rule E.O. 13563 and DOT policies and would allow States to provide waivers VIII. Section-by-Section procedures, FMCSA must determine of the knowledge test, if the individual § 383.23 Commercial Driver’s License whether a regulatory action is can certify and provide evidence that ‘‘significant,’’ and therefore subject to during the 1-year period immediately The reference to ‘‘written’’ tests in OMB review and the requirements of prior to the application he or she met paragraph (a)(1) would be changed to the E.O. The Order defines ‘‘significant the criteria outlined in § 383.79. ‘‘knowledge’’ tests to match the regulatory action’’ as one likely to result Under the proposed rule, certain terminology used elsewhere in part 383. in a rule that may: active-duty military service members § 383.77 Substitute for Driving Skills (1) Have an annual effect on the may submit an application to the SDLA Tests for Drivers With Military CMV economy of $100 million or more or in their State of duty station for a CLP Experience adversely affect in a material way the or CDL, including an application for a economy, a sector of the economy, waiver of the knowledge test, upon prior Section 383.77(a)(1) would be revised productivity, competition, jobs, the agreement between respective SDLAs in to state that an applicant may not have environment, public health or safety, or the State of duty station and State of held two civilian licenses State, local, or tribal government or domicile. This proposed rule is simultaneously, in addition to a military communities. therefore expected to result in time license. (2) Create a serious inconsistency or savings to active-duty service members otherwise interfere with an action taken equivalent to the amount of time that § 383.79 Skills Testing of Out-of-State or planned by another Agency. would otherwise be spent preparing for Students; Knowledge Test Waivers for (3) Materially alter the budgetary and taking the knowledge test. The Certain Military Personnel impact of entitlements, grants, user fees, Agency cannot quantify the aggregate The title of this section would be or loan programs or the rights and extent of such time savings, as the amended slightly, while paragraph (a), obligations of recipients thereof. proposed rule would not require States

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to accept applications for waivers of the station (for active service members) to of the RFA allows an agency to certify, knowledge test; nor can the Agency transmit completed applications to the in lieu of preparing an analysis, if the know what conditions and limitations State of domicile by a direct, secure, and proposed rulemaking is not expected to States may impose on applicants efficient electronic system. Completed have a significant economic impact on beyond those of this proposed rule. applications are to include any a substantial number of small entities. However, the Agency considers it likely supporting documents pertinent to the The primary entities affected by this that those States that elect to accept waiver(s) being sought and—if the State proposed rule would be certain current applications for waivers of the driving of domicile has not exercised its waiver and former military service members skills test would also accept option—the results of any knowledge and SDLAs. Under the standards of the applications for waivers of the and skills tests administered. This RFA, as amended by the SBREFA, none knowledge test following proposed rule does not require the of these are small entities. Therefore, implementation of the proposed rule, creation of or significant modification to FMCSA has determined that this subject to similar conditions and existing communication methods proposed rule will not have a significant limitations. If the proposed rule between SDLAs. At present, economic impact on a substantial encourages additional active-duty transmissions between a State of duty number of small entities. Incidentally, military service members to seek station and State of domicile are already the proposed rule’s impacts on current civilian employment as drivers subject to identical requirements with and former military service members following their completion of military respect to secure electronic transmission would be entirely beneficial by allowing service, their potential employers may of completed applications under States to provide more flexibility to benefit from an increase in the labor § 383.79(c). The Agency expects de those seeking to obtain a CDL. With supply; however, the Agency is likewise minimis modifications may be needed respect to costs, the impacts on SDLAs unable to quantify this benefit due to depending on individual State that choose to exercise the waiver the reasons cited above. variations (if any) in documentation that option are estimated to be de minimis. Certain former military service would be required for applications for Accordingly, I hereby certify that this members seeking to transition into knowledge test waivers. The de minimis proposed rule, if promulgated, will not civilian employment as a driver may expectation is rooted in the assumption have a significant economic impact on benefit under the proposed rule by no that States will take a pragmatic a substantial number of small entities. longer having to possess a CLP for 14 approach by requiring the same FMCSA invites comment from members days before either taking the driving documentation for a knowledge test of the public who believe there will be skills test or applying for a waiver of the waiver application as for a skills test a significant impact on small entities driving skills test. Provided that their waiver application. from this action. State of domicile would accept applications for waivers of both the B. Regulatory Flexibility Act (Small C. Assistance for Small Entities knowledge test and the skills test, such Entities) In accordance with section 213(a) of former military service members may The Regulatory Flexibility Act of 1980 the Small Business Regulatory apply simultaneously for both. As noted (RFA) (5 U.S.C. 601 et seq.), as amended Enforcement Fairness Act of 1996, above, the Agency considers it likely by the Small Business Regulatory that States that elect to accept FMCSA wants to assist small entities in Enforcement Fairness Act of 1996 understanding this proposed rule so that applications for waivers of the driving (SBREFA) (Pub. L. 104–121, 110 Stat. skills test would also accept they can better evaluate its effects on 857), requires Federal agencies to themselves and participate in the applications for waivers of the consider the impact of their regulatory knowledge test following rulemaking initiative. If the proposed proposals on small entities, analyze rule would affect your small business, implementation of the proposed rule, effective alternatives that minimize subject to similar conditions and organization, or governmental small entity impacts, and make their jurisdiction and you have questions limitations. By providing an expedited analyses available for public comment. path to enter the labor market, the rule concerning its provisions or options for The term ‘‘small entities’’ means small compliance; please consult the FMCSA allows certain former service members businesses and not-for-profit to benefit from faster access to jobs, point of contact, Selden Fritschner, organizations that are independently listed in the FOR FURTHER INFORMATION while their potential employers may owned and operated and are not benefit from faster access to those CONTACT section of this proposed rule. dominant in their fields, and individuals’ labor hours. As with certain Small businesses may send comments governmental jurisdictions with a active-duty military service members, on the actions of Federal employees population of less than 50,000.2 certain former military service members who enforce or otherwise determine Accordingly, DOT policy requires an who obtain waivers of the knowledge compliance with Federal regulations to analysis of the impact of all regulations test would also incur time savings the Small Business Administration’s on small entities, and mandates that equivalent to the time that would Small Business and Agriculture agencies strive to lessen any adverse otherwise be spent preparing for and Regulatory Enforcement Ombudsman effects on these entities. taking the knowledge test. Due to the and the Regional Small Business When an agency issues a rulemaking voluntary nature of this proposed rule Regulatory Fairness Boards. The and uncertainty regarding conditions proposal, the RFA requires the agency to Ombudsman evaluates these actions and limitations States may impose on ‘‘prepare and make available for public annually and rates each agency’s applicants beyond that of § 383.79, the comment an initial regulatory flexibility responsiveness to small business. If you Agency cannot estimate the aggregate analysis’’ which will ‘‘describe the wish to comment on actions by value of these benefits to certain former impact of the proposed rule on small employees of FMCSA, call 1–888–REG– military service members or their entities’’ (5 U.S.C. 603(a)). Section 605 FAIR (1–888–734–3247). DOT has a potential employers. policy regarding the rights of small 2 Regulatory Flexibility Act (5 U.S.C. 601 et seq.). In considering the costs of the Available at: https://www.sba.gov/advocacy/ entities to regulatory enforcement proposed rule, the Agency notes that the regulatory-flexibility-act (accessed December 14, fairness and an explicit policy against NPRM would allow the State of duty 2016). retaliation for exercising these rights.

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D. Unfunded Mandates Reform Act of event, this regulatory action does not in would not have a substantial direct 1995 any respect present an environmental effect on one or more Indian tribes, on The Unfunded Mandates Reform Act health or safety risk that could the relationship between the Federal of 1995 (2 U.S.C. 1531–1538) requires disproportionately affect children. Government and Indian tribes, or on the Federal agencies to assess the effects of distribution of power and I. E.O. 12630 (Taking of Private responsibilities between the Federal their discretionary regulatory actions. In Property) particular, the Act addresses actions Government and Indian tribes. FMCSA reviewed this proposed rule that may result in the expenditure by N. National Technology Transfer and State, local, or tribal governments, in the in accordance with E.O. 12630, Governmental Actions and Interference Advancement Act (Technical aggregate, or by the private sector, of Standards) $156 million (which is the equivalent of with Constitutionally Protected Property The National Technology Transfer $100 million in 1995, adjusted for Rights, and has determined it will not and Advancement Act (NTTAA) (15 inflation to 2015 levels) or more in any effect a taking of private property or U.S.C. 272 note) directs agencies to use one year. Though this proposed rule otherwise have taking implications. voluntary consensus standards in their would not result in such expenditure, J. Privacy regulatory activities unless the agency the Agency does discuss the effects of The Consolidated Appropriations Act, provides Congress, through OMB, with the proposed rule elsewhere in this 2005, (Pub. L. 108–447, 118 Stat. 2809, an explanation of why using these preamble. 3268, 5 U.S.C. 552a note) requires the standards would be inconsistent with E. Paperwork Reduction Act (Collection Agency to conduct a privacy impact applicable law or otherwise impractical. Information) assessment (PIA) of a regulation that Voluntary consensus standards (e.g., This proposed rule would call for no will affect the privacy of individuals. specifications of materials, performance, new collection of information under the Because this proposed rule does not design, or operation; test methods; Paperwork Reduction Act of 1995 (44 require the collection of personally sampling procedures; and related U.S.C. 3501–3520). identifiable information (PII), the management systems practices) are Agency is not required to conduct a PIA. standards that are developed or adopted F. E.O. 13132 (Federalism) The E-Government Act of 2002, by voluntary consensus standards A rule has implications for Public Law 107–347, 208, 116 Stat. bodies. This proposed rule does not use Federalism under Section 1(a) of E.O. 2899, 2921 (Dec. 17, 2002), requires technical standards. Therefore, FMCSA 13132 if it has ‘‘substantial direct effects Federal agencies to conduct a PIA for did not consider the use of voluntary on the States, on the relationship new or substantially changed consensus standards. between the national government and technology that collects, maintains, or O. Environment (NEPA, CAA, the States, or on the distribution of disseminates information in an Environmental Justice) power and responsibilities among the identifiable form. No new or various levels of government.’’ substantially changed technology would FMCSA analyzed this NPRM for the FMCSA has determined that this collect, maintain, or disseminate purpose of the National Environmental proposed rule would not have information as a result of this rule. Policy Act of 1969 (42 U.S.C. 4321 et substantial direct costs on or for the Accordingly, FMCSA has not conducted seq.) and determined this action is States, nor will it limit the policymaking a PIA. categorically excluded from further discretion of the States. This proposed analysis and documentation in an K. E.O. 12372 (Intergovernmental rule does not preempt any State law or environmental assessment or Review) regulation. Therefore, this proposed rule environmental impact statement under does not have sufficient federalism The regulations implementing E.O. FMCSA Order 5610.1 (69 FR 9680, implications to warrant the preparation 12372 regarding intergovernmental March 1, 2004), Appendix 2, paragraphs of a Federalism Impact Statement. consultation on Federal programs and 6.s.(6) and 6.t.(2). The Categorical activities do not apply to this program. Exclusion (CE) in paragraph 6.s.(6) G. E.O. 12988 (Civil Justice Reform) covers a requirement for States to give This proposed rule meets applicable L. E.O. 13211 (Energy Supply, knowledge and skills tests to all standards in sections 3(a) and 3(b)(2) of Distribution, or Use) qualified applicants for commercial E.O. 12988, Civil Justice Reform, to FMCSA has analyzed this proposed drivers’ licenses which meet the Federal minimize litigation, eliminate rule under E.O. 13211, Actions standard. The CE in paragraph 6.t.(2) ambiguity, and reduce burden. Concerning Regulations That covers regulations to ensure that the Significantly Affect Energy Supply, States comply with the provisions of the H. E.O. 13045 (Protection of Children) Distribution, or Use. The Agency has Commercial Motor Vehicle Safety Act of E.O. 13045, Protection of Children determined that the rule is not a 1986, by: (2) Having the appropriate from Environmental Health Risks and ‘‘significant energy action’’ under that laws, regulations, programs, policies, Safety Risks (62 FR 19885, April 23, order because it is not a ‘‘significant procedures and information systems 1997), requires agencies issuing regulatory action’’ likely to have a concerning the qualification and ‘‘economically significant’’ rules, if the significant adverse effect on the supply, licensing of persons who apply for a regulation also concerns an distribution, or use of energy. Therefore, commercial driver’s license, and environmental health or safety risk that it does not require a Statement of Energy persons who are issued a commercial an agency has reason to believe may Effects under E.O. 13211. driver’s license. The requirements in disproportionately affect children, to this proposed rule are covered by these include an evaluation of the regulation’s M. E.O. 13175 (Indian Tribal CEs and the proposed action does not environmental health and safety effects Governments) have any effect on the quality of the on children. The Agency determined This proposed rule does not have environment. The CE determination is this proposed rule is not economically tribal implications under E.O. 13175, available for inspection or copying in significant. Therefore, no analysis of the Consultation and Coordination with the Federal eRulemaking Portal: http:// impacts on children is required. In any Indian Tribal Governments, because it www.regulations.gov.

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FMCSA also analyzed this proposed commercial motor vehicle that person (other than a parking violation) arising rule under the Clean Air Act, as operates or expects to operate. in connection with any traffic accident, amended (CAA), section 176(c) (42 * * * * * and has no record of an accident in U.S.C. 7401 et seq.), and implementing ■ 3. Amend § 383.77 by revising which he/she was at fault. regulations promulgated by the paragraph (a)(1) to read as follows: (c) Role of State of duty station.—A Environmental Protection Agency. State where active duty military service Approval of this action is exempt from § 383.77 Substitute for driving skills tests members are stationed, but not the CAA’s general conformity for drivers with military CMV experience. domiciled, may, upon prior agreement requirement since it does not affect * * * * * with the State of domicile: direct or indirect emissions of criteria (a) * * * (1) Accept an application for a CLP or pollutants. (1) Has not simultaneously held more CDL, including an application for Under E.O. 12898, each Federal than one civilian license (in addition to waiver of the knowledge test prescribed agency must identify and address, as a military license); in paragraph (b)(1)) of this section, from appropriate, ‘‘disproportionately high * * * * * such a military service member who and adverse human health or ■ 4. Amend § 383.79 by revising the (i) Is regularly employed or was environmental effects of its programs, section heading and paragraph (b) and regularly employed within the last year policies, and activities on minority adding paragraphs (c) through (e) to in a military position requiring populations and low-income read as follows: operation of a CMV; populations’’ in the United States, its (ii) Has a valid driver’s license from possessions, and territories. FMCSA § 383.79 Skills testing of out-of-state students; knowledge test waivers for his or her State of domicile; evaluated the environmental justice certain military personnel. (iii) Has a valid active duty military effects of this proposed rule in * * * * * identification card; and accordance with the E.O., and has (iv) Has a current copy of either the determined that no environmental (b) Knowledge test waivers for certain current or former military service service member’s military leave and justice issue is associated with this earnings statement, or his or her orders. proposed rule, nor is there any members applying for a CLP or CDL— (1) In general.—For certain current or (2) Either collective environmental impact that (i) Administer the knowledge and would result from its promulgation. former military service members, as defined in § 383.5, who meet the skills tests to the military service List of Subjects conditions and limitations set forth in member, as appropriate, in accordance with subparts F, G and H of this part, 49 CFR Part 383 paragraph (b)(2) of this section, a State may waive the requirement in if the State of domicile requires those Administrative practice and § 383.23(a)(1) that a CDL applicant must tests; or procedure, Alcohol abuse, Drug abuse, pass a knowledge test for a CLP or CDL, (ii) Waive the knowledge and skills Highway safety, Motor carriers. including waiver of the knowledge tests in accordance with § 383.77 and this section, if the State of domicile has 49 CFR Part 384 required by § 383.111. (2) Conditions and limitations.—A exercised the option to waive those Administrative practice and current or former military service tests; and procedure, Alcohol abuse, Drug abuse, member applying for waiver of the (3) Destroy the military service Highway safety, Motor carriers. knowledge test described in paragraph member’s driver’s license on behalf of In consideration of the foregoing, (b)(1) of this section must certify and the State of domicile, unless the latter FMCSA amends 49 CFR chapter III, provide evidence that, during the 1-year requires the driver’s license to be parts 383 and 384 to read as follows: period immediately prior to the surrendered to its own driver licensing application, he/she: agency. PART 383—COMMERCIAL DRIVER’S (i) Is or was regularly employed in a (d) Requirement for electronic LICENSE STANDARDS; military position requiring operation of transmission.—The State of duty station REQUIREMENTS AND PENALTIES a CMV; must transmit to the State of domicile by a direct, secure, and efficient ■ 1. The authority citation for part 383 (ii) Is operating a vehicle electronic system the completed is revised to read as follows: representative of the CMV the driver applicant expects to operate upon application, any supporting documents, Authority: 49 U.S.C. 521, 31136, 31301 et separation from the military, or operated and—if the State of domicile has not seq., and 31502; secs. 214 and 215 of Pub. L. such a vehicle immediately preceding exercised its waiver option—the results 106–159, 113 Stat. 1748, 1766, 1767; sec. separation from the military; of any knowledge and skills 1012(b) of Pub. L. 107–56; 115 Stat. 272, 297, administered. sec. 4140 of Pub. L. 109–59, 119 Stat. 1144, (iii) Has not simultaneously held 1746; sec. 32934 of Pub. L. 112–141, 126 Stat. more than one civilian license (in (e) Role of State of domicile.—Upon 405, 830; secs. 5401 and 7208 of Pub. L. 114– addition to a military license); completion of the applicant’s 94, 129 Stat. 1312, 1546, 1593; and 49 CFR (iv) Has not had any license application pursuant to § 383.71 and 1.87. suspended, revoked, or cancelled; any testing administered by the State of ■ 2. Amend § 383.23 by revising (v) Has not had any convictions for duty station pursuant to §§ 383.71 and paragraph (a)(1) to read as follows: any type of motor vehicle for the 383.73, the State of domicile of the disqualifying offenses contained in military service member applying for a § 383.23 Commercial driver’s license. § 383.51(b); CLP or CDL may (a) General rule. (vi) Has not had more than one (1) Accept the completed application, (1) No person shall operate a conviction for any type of motor vehicle any supporting documents, and the commercial motor vehicle unless such for serious traffic violations contained results of the knowledge and skills tests person has taken and passed knowledge in § 383.51(c); and administered by the State of duty station and driving tests for a CLP or CDL that (vii) Has not had any conviction for a (unless waived at the discretion of the meet the Federal standards contained in violation of military, State or local law State of domicile); and subparts F, G, and H of this part for the relating to motor vehicle traffic control (2) Issue the applicant a CLP or CDL.

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PART 384—STATE COMPLIANCE Atmospheric Administration (NOAA), species hard caps in the Federal WITH COMMERCIAL DRIVER’S Commerce. Register on October 13, 2016, (81 FR LICENSE PROGRAM ACTION: Proposed rule; withdrawal. 70660). Supporting documents included ■ a draft Environmental Assessment (EA), 5. The authority citation for part 384 SUMMARY: The National Marine is revised to read as follows: an Initial Regulatory Flexibility Fisheries Service (NMFS) withdraws a Analysis, and draft Regulatory Impact Authority: 49 U.S.C. 31136, 31301 et seq., proposed rule proposing to establish Review (RIR). During the proposed and 31502; secs. 103 and 215 of Pub. L. 106– strict limits, termed ‘‘hard caps,’’ for the rule’s comment period, NMFS received 59, 113 Stat. 1753, 1767; sec. 32934 of Pub. California/Oregon large-mesh drift a request to extend the comment period. L. 112–141, 126 Stat. 405, 830; sec. 5401 and gillnet (DGN) fishery on interactions 5524 of Pub. L. 114–94, 129 Stat. 1312, 1546, On November 23, 2016, NMFS 1560; and 49 CFR 1.87. with certain protected species under Magnuson-Stevens Fishery published a notice in the Federal ■ 6. Add paragraph (l) to § 384.301 to Conservation and Management Act Register extending the end-date of the read as follows: authority. NMFS published the comment period for the proposed rule proposed rule in the Federal Register on from November 28, 2016 to December § 384.301 Substantial compliance general 28, 2016 (81 FR 84546). requirements. October 13, 2016. After careful * * * * * consideration, NMFS has decided that Following public comment, NMFS (l) A State must come into substantial the proposed changes discussed in the completed a final EA, Final Regulatory compliance with the requirements of proposed rule are not warranted at this Flexibility Analysis, and RIR (posted at subpart B of this part and part 383 of time. https://www.regulations.gov/ this chapter in effect as of [EFFECTIVE DATES: The proposed rule published on docket?D=NOAA-NMFS-2016-0123). As DATE OF FINAL RULE] as soon as October 13, 2016 (81 FR 70660), is a result of its analysis of the effects of practicable, but, unless otherwise withdrawn as of June 12, 2017. the proposed rule, NMFS has decided specifically provided in this part, not FOR FURTHER INFORMATION CONTACT: Lyle that the changes covered in the later than [DATE 3 YEARS AFTER THE Enriquez, West Coast Region, NMFS, proposed rule from 2016 are not EFFECTIVE DATE OF THE FINAL (562) 980–4025, lyle.enriquez@ warranted at this time. Therefore, NMFS RULE]. noaa.gov. is withdrawing the proposed rule Issued under authority delegated in 49 CFR SUPPLEMENTARY INFORMATION: In published in the Federal Register on 1.87 on: June 6, 2017. September 2015, the Pacific Fishery October 13, 2016 (81 FR 70660). Daphne Y. Jefferson, Management Council (Council) Authority: 16 U.S.C. 1801 et seq. Deputy Administrator. recommended NMFS implement Dated: June 7, 2017. [FR Doc. 2017–12079 Filed 6–9–17; 8:45 am] regulations for the DGN fishery that BILLING CODE 4910–EX–P included two-year rolling hard caps on Alan D. Risenhoover, observed mortality and injury to certain Acting Deputy Assistant Administrator for protected species during the May 1 to Regulatory Programs, National Marine DEPARTMENT OF COMMERCE January 31 fishing season each year. The Fisheries Service. Council transmitted its proposed [FR Doc. 2017–12070 Filed 6–9–17; 8:45 am] National Oceanic and Atmospheric regulations for implementing hard caps BILLING CODE 3510–22–P Administration to NMFS on September 23, 2016. Under the proposed regulations, caps would 50 CFR Part 660 have been established for five marine [Docket No. 160728670–6904–01] mammal species and four sea turtle species. When any of the caps were RIN 0648–BG23 reached, the fishery would have been closed for the rest of the fishing season Fisheries Off West Coast States; and possibly through the following Highly Migratory Fisheries; California Drift Gillnet Fishery; Protected Species season. The length of any closure would Hard Caps for the California/Oregon have depended on when during the two- Large-Mesh Drift Gillnet Fishery year period a cap was reached. NMFS published a proposed rule to AGENCY: National Marine Fisheries implement the Council’s Service (NMFS), National Oceanic and recommendation to establish protected

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Notices Federal Register Vol. 82, No. 111

Monday, June 12, 2017

This section of the FEDERAL REGISTER potential persons who are to respond to collect this information could result in contains documents other than rules or the collection of information that such APHIS not receiving information about proposed rules that are applicable to the persons are not required to respond to where infestations may exist, causing public. Notices of hearings and investigations, the collection of information unless it them to linger unreported and grow. committee meetings, agency decisions and displays a currently valid OMB control Infestations of high-consequence pests rulings, delegations of authority, filing of petitions and applications and agency number. or diseases, such as ALB, EAB, citrus greening, and others, could lead to statements of organization and functions are Animal and Plant Health Inspection significant economic damage to crops, examples of documents appearing in this Service section. forests, and landscapes. Title: APHIS Pest Reporting and Asian Description of Respondents: Longhorned Beetle Program. Individuals or households; Business or DEPARTMENT OF AGRICULTURE OMB Control Number: 0579–0311. other for-profit; State, Local or Tribal Summary of Collection: Under the Government. Submission for OMB Review; Plant Protection Act (7 U.S.C. 7701, et Number of Respondents: 7,055. Comment Request seq.), the Secretary of Agriculture is Frequency of Responses: Reporting: authorized to prohibit or restrict the On occasion. June 7, 2017. importation, entry, or movement of Total Burden Hours: 438,779. The Department of Agriculture has plants and plant pests to prevent the submitted the following information introduction of plant pests into the Ruth Brown, collection requirement(s) to OMB for United States or their dissemination Departmental Information Collection review and clearance under the within the United States. Plant health Clearance Officer. Paperwork Reduction Act of 1995, regulations promulgated by the United [FR Doc. 2017–12068 Filed 6–9–17; 8:45 am] Public Law 104–13. Comments are States Department of Agriculture under BILLING CODE 3410–34–P requested regarding (1) whether the this authority specifically address collection of information is necessary control programs for a number of pests DEPARTMENT OF AGRICULTURE for the proper performance of the and disease of concern, including Asian functions of the agency, including Longhorn Beetle (ALB), emerald ash National Agricultural Statistics Service whether the information will have borer (EAB) beetle, and citrus greening, practical utility; (2) the accuracy of the to name a few. The Animal and Plant Notice of Request for a New agency’s estimate of burden including Health Inspection Service (APHIS) will Information Collection; Generic the validity of the methodology and collect information using form PPQ–10, Clearance for the Collection of assumptions used; (3) ways to enhance Plant Protection and Quarantine Pest Qualitative Feedback on Agency the quality, utility and clarity of the Reporting Form and PPQ form 375, Programs information to be collected; and (4) Asian Longhorned Beetle Unified ways to minimize the burden of the Survey and other information collection AGENCY: National Agricultural Statistics collection of information on those who activities. Service, USDA. are to respond, including through the Need and Use of the Information: ACTION: Notice and request for use of appropriate automated, APHIS relies on the public to report comments. electronic, mechanical, or other sightings of the pests of concern or technological collection techniques or suspicious signs of pest or disease SUMMARY: In accordance with the other forms of information technology. damage they may see in their local area. Paperwork Reduction Act of 1995, this Comments regarding this information This reporting will be done through notice announces the intention of the collection received by July 12, 2017 will simple online forms PPQ–10, Plant National Agricultural Statistics Service be considered. Written comments Protection and Quarantine Pest (NASS) to request feedback from the should be addressed to: Desk Officer for Reporting Form and PPQ form 375, general public on the ‘‘Generic Agriculture, Office of Information and Asian Longhorned Beetle Unified Clearance for the Collection of Regulatory Affairs, Office of Survey and the following additional Qualitative Feedback on Agency Management and Budget (OMB), New information collection activities: (1) Programs’’. This collection was Executive Office Building, 725 17th Cooperative Agreement for Inspection, developed as part of a Federal Street NW., Washington, DC 20502. (2) State Compliance Training Government-wide effort to streamline Commenters are encouraged to submit Workshop Records, (3) Contract for the process for seeking feedback from their comments to OMB via email to: Inspection, (4) Permission to Inspect the public on service delivery. This [email protected] or from Homeowner, (5) Refusal to Inspect notice announces our intent to submit fax (202) 395–5806 and to Departmental from Homeowner, (6) Chemical this collection to OMB for approval and Clearance Office, USDA, OCIO, Mail Treatment Release from Homeowner, (7) solicits comments on specific aspects Stop 7602, Washington, DC 20250– Letters Warning of Litigations and for the proposed information collection. 7602. Copies of the submission(s) may Warrants; (8) Litigations/Warrants; (9) DATES: Comments on this notice must be be obtained by calling (202) 720–8958. Homeowner to Sign for Tree Removal, received by August 11, 2017 to be An agency may not conduct or (10) Removals/Monitoring, (11) Contract assured of consideration. sponsor a collection of information for Treatment; (12) Removals/Disposal, ADDRESSES: unless the collection of information (13) Disposal/Marshalling Yard, (14) • Email: [email protected]. displays a currently valid OMB control Tree Warrant, and (15) Certificate/ Include the docket number above in the number and the agency informs Permit Cancellation Appeal. Failing to subject line of the message.

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• Efax: (855) 838–6382. information is not collected, vital Average Number of Responses per • Mail: Mail any paper, disk, or CD– feedback from customers and Respondent: 1. ROM submissions to: David Hancock, stakeholders on the Agency’s services Total Responses: 150,000 (30,000 NASS Clearance Officer, U.S. will be unavailable. completed responses and 120,000 Department of Agriculture, Room 5336 The Agency will only submit a refusals). South Building, 1400 Independence collection for approval under this Frequency of Responses: Once per Avenue SW., Washington, DC 20250– generic clearance if it meets the request. 2024. following conditions: Average Minutes per Response: 5 to • Hand Delivery/Courier: Hand • The collections are voluntary; 30 minutes, depending on the survey. deliver to: David Hancock, NASS • The collections are low-burden for Total Estimated Burden Hours: 8,250. Clearance Officer, U.S. Department of respondents (based on considerations of Comments: Comments are invited on: Agriculture, Room 5336 South Building, total burden hours, total number of (a) Whether the proposed collection of 1400 Independence Avenue SW., respondents, or burden-hours per information is necessary for the proper Washington, DC 20250–2024. respondent) and are low-cost for both performance of the functions of the FOR FURTHER INFORMATION CONTACT: R. the respondents and the Federal agency, including whether the Renee Picanso, Associate Administrator, Government; information will have practical utility; National Agricultural Statistics Service, • The collections are non- (b) the accuracy of the agency’s estimate U.S. Department of Agriculture, (202) controversial and do not raise issues of of the burden of the proposed collection 720–4333. Copies of this information concern to other Federal agencies; of information including the validity of collection and related instructions can • Any collection is targeted to the the methodology and assumptions used; be obtained without charge from David solicitation of opinions from (c) ways to enhance the quality, utility, Hancock, NASS—OMB Clearance respondents who have experience with and clarity of the information to be Officer, at (202) 690–2388 or at NASS surveys or data, or may collected; and (d) ways to minimize the [email protected]. reasonably be expected to have burden of the collection of information SUPPLEMENTARY INFORMATION: experience with the surveys or data in on those who are to respond, including Title: Generic Clearance for the the near future; through the use of appropriate Collection of Qualitative Feedback on • Information gathered will be used automated, electronic, mechanical, Agency Programs. only internally for improving data technological or other forms of OMB Control Number: 0535–NEW. collection efforts, products and services, information technology collection Type of Request: Intent to seek and the summarization and publication methods. approval to conduct a new information of data, and is not intended for release All responses to this notice will collection for a period of three years. outside of the agency; become a matter of public record and be Abstract: The proposed information • Information gathered will not be summarized in the request for OMB collection activities provides a means to used for the purpose of substantially approval. obtain qualitative customer and informing influential policy decisions; Signed at Washington, DC, May 31, 2017. stakeholder feedback in an efficient, and Hubert Hamer, • timely manner, in accordance with the Information gathered will yield Administrator. qualitative information; the collections Administration’s commitment to [FR Doc. 2017–12121 Filed 6–9–17; 8:45 am] improving the quality and timeliness of will not be designed or expected to BILLING CODE 3410–20–P survey data and its analysis. The yield statistically reliable results or used qualitative feedback will provide useful as though the results are generalizable to insights on perceptions and opinions, the study population. but are not rigorous statistical surveys This generic clearance for qualitative BROADCASTING BOARD OF that yield quantitative results that can information will not be used for GOVERNORS be generalized to the study population. quantitative information collections that This feedback will provide insights into are designed to yield reliably actionable Government In the Sunshine Act customer or stakeholder perceptions, results, such as monitoring trends over Meeting Notice experiences and expectations, provide time or documenting program DATE AND TIME: an early warning of issues with data performance. Depending on the degree Wednesday, June 14, collection efforts, and focus attention on of influence the results are likely to 2017, 12:00 p.m. EDT. areas where communication, training or have, such collections may still be PLACE: Cohen Building, Room 3321, changes in operations might improve eligible for submission for other generic 330 Independence Ave. SW., NASS surveys and publications. These mechanisms that are designed to yield Washington, DC 20237. collections will allow for ongoing, quantitative results. SUMMARY: The Broadcasting Board of collaborative and actionable As a general matter, information Governors (Board) will be meeting at the communications between the Agency collections will not result in any new time and location listed above. The and its customers and stakeholders. system of records containing privacy Board will vote on a consent agenda The information collections will information and will not ask questions consisting of the minutes of its April 6, target areas such as: Timeliness, of a sensitive nature, such as sexual 2017 meeting, a resolution honoring usefulness of summarized information, behavior and attitudes, religious beliefs, Voice of America’s (VOA) Swahili perceptions of products or services, and other matters that are commonly Service 55th anniversary, a resolution accuracy of information, efficiency and considered private. honoring VOA’s Afghanistan Service ease of reporting data, and the ease and Respondents: Farmers, ranchers, agri- 35th anniversary, a resolution honoring understandability of data collection businesses and data users. VOA’s Kurdish Service 25th instruments. Responses will be assessed Estimated Number of Respondents: anniversary, and a resolution honoring to plan and inform efforts to improve or 150,000. Radio Free Europe/Radio Liberty’s maintain the quality of data collected Below we provide projected average North Caucasus 15th anniversary. The and reported to the public. If this estimates for the next three years: Board will receive a report from the

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Chief Executive Officer and Director of SUPPLEMENTARY INFORMATION: Members Public Comment BBG. of the public can listen to the Adjournment This meeting will be available for discussion. This meeting is available to public observation via streamed the public through the following toll- Exceptional Circumstance: Pursuant to webcast, both live and on-demand, on free call-in number: 800–310–1961, the Federal Advisory Committee the agency’s public Web site at conference ID: 8996601. Any interested Management Regulations (41 CFR 102– www.bbg.gov. Information regarding this member of the public may call this 3.150), the notice for this meeting is meeting, including any updates or number and listen to the meeting. An given less than 15 calendar days prior adjustments to its starting time, can also open comment period will be provided to the meeting due to exceptional be found on the agency’s public Web to allow members of the public to make circumstance of DFO/staffing transitions site. a statement as time allows. The that require discussion with the The public may also attend this conference call operator will ask callers Committee. meeting in person at the address listed to identify themselves, the organization Dated: June 6, 2017. above as seating capacity permits. they are affiliated with (if any), and an Members of the public seeking to attend email address prior to placing callers David Mussatt, the meeting in person must register at into the conference room. Callers can Supervisory Chief, Regional Programs Unit. https://bbgboardmeeting expect to incur regular charges for calls [FR Doc. 2017–12028 Filed 6–9–17; 8:45 am] june2017.eventbrite.com by 12:00 p.m. they initiate over wireless lines, BILLING CODE P (EDT) on June 13. For more information, according to their wireless plan. The please contact BBG Public Affairs at Commission will not refund any (202) 203–4400 or by email at incurred charges. Callers will incur no COMMISSION ON CIVIL RIGHTS [email protected]. charge for calls they initiate over land- CONTACT PERSON FOR MORE INFORMATION: line connections to the toll-free Agenda and Notice of Public Meeting Persons interested in obtaining more telephone number. Persons with hearing of the District of Columbia Advisory information should contact Oanh Tran impairments may also follow the Committee; Correction at (202) 203–4545. proceedings by first calling the Federal Relay Service at 1–800–977–8339 and AGENCY: Commission on Civil Rights. Oanh Tran, providing the Service with the ACTION: Director of Board Operations. conference call number and conference Notice; correction. [FR Doc. 2017–12220 Filed 6–8–17; 4:15 pm] ID number. SUMMARY: The Commission on Civil BILLING CODE 8610–01–P Members of the public are also entitled to submit written comments; Rights published a notice in the Federal the comments must be received in the Register of May 22, 2017, concerning a COMMISSION ON CIVIL RIGHTS regional office within 30 days following meeting of the District of Columbia the meeting. Written comments may be Advisory Committee. The meeting now Notice of Public Meeting of the mailed to the Midwestern Regional will be conducted via conference call; Wisconsin Advisory Committee for a Office, U.S. Commission on Civil Rights, not in-person. 55 W. Monroe St., Suite 410, Chicago, Meeting To Continue Discussion of a FOR FURTHER INFORMATION CONTACT: Ivy IL 60615. They may also be faxed to the Draft Report Resulting From the Davis, (202) 376–7533. Committee’s Study of Hate Crime in Commission at (312) 353–8324, or the State emailed to Carolyn Allen at callen@ Correction usccr.gov. Persons who desire AGENCY: U.S. Commission on Civil additional information may contact the In the Federal Register of District of Rights. Midwestern Regional Office at (312) Columbia, in FR Doc. 2017–10412, on ACTION: Announcement of meeting. 353–8311. page 23185, correct the Summary to Records generated from this meeting read: SUMMARY: Notice is hereby given, may be inspected and reproduced at the pursuant to the provisions of the rules Notice is hereby given, pursuant to Midwestern Regional Office, as they the provisions of the rules and and regulations of the U.S. Commission become available, both before and after on Civil Rights (Commission) and the regulations of the U.S. Commission on the meeting. Records of the meeting will Civil Rights (Commission), and the Federal Advisory Committee Act that be available via www.facadatabase.gov the Wisconsin Advisory Committee Federal Advisory Committee Act under the Commission on Civil Rights, (FACA), that a planning meeting of the (Committee) will hold a meeting on Wisconsin Advisory Committee link District of Columbia Advisory Friday, June 16, 2017, at 12:00pm CST (http://www.facadatabase.gov/ Committee to the Commission will for the purpose of discussing a draft committee/meetings.aspx?cid=282). convene via conference call at 11:30 report regarding hate crime in the state, Persons interested in the work of this a.m. EDT on Tuesday, June 13, 2017. in preparation to issue a final report and Committee are directed to the Interested members of the public may recommendations to the Commission on Commission’s Web site, http:// the topic. www.usccr.gov, or may contact the listen to the discussion by calling the DATES: The meeting will be held on Midwestern Regional Office at the above following toll-free conference call-in Friday June 16, 2017, at 12:00 p.m. CST. email or street address. number: 1–877–723–9523 and conference call ID: 3424799#. ADDRESSES: Public call information: Agenda Dial: 800–310–1961, Conference ID: Dated: June 6, 2017. 8996601. Welcome and Roll Call David Mussatt, Announcements and Business Updates FOR FURTHER INFORMATION CONTACT: Discussion of civil rights report: Hate Supervisory Chief, Regional Programs Melissa Wojnaroski, DFO, at Crime in Wisconsin Coordination Unit. [email protected] or 312–353– Future Plans and Actions: Civil Rights [FR Doc. 2017–12026 Filed 6–9–17; 8:45 am] 8311. in Wisconsin BILLING CODE P

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DEPARTMENT OF COMMERCE determination with the final Azucarero (FEESA), 5.78 percent for antidumping duty determination.2 Ingenio Tala S.A. de C.V. and certain International Trade Administration On December 19, 2014, the affiliated sugar mills of Grupo Department and the GOM signed the Azucarero Mexico S.A. de C.V. [C–201–846] CVD Agreement, which suspended the (collectively, the GAM Group), and CVD investigation.3 The basis for this 38.11 percent for producers and Countervailing Duty Suspension action was an agreement between the exporters that were not individually Agreement on Sugar From Mexico: Department and the GOM, wherein the investigated. The Department stated, in Rescission of 2014–2015 and 2015– GOM agreed to restrict the volume of its Final Determination, that it would 2016 Administrative Reviews direct or indirect exports to the United ‘‘not instruct CBP to suspend States of sugar from all Mexican liquidation or collect cash deposits AGENCY: Enforcement and Compliance, producers/exporters in order to calculated herein unless the International Trade Administration, eliminate completely the injurious {CVD}Suspension Agreement is Department of Commerce. effects of exports of this merchandise to terminated.’’ 6 The ITC subsequently SUMMARY: On May 1, 2017, the the United States. The GOM also agreed made an affirmative determination of Department notified the Government of not to provide any new or additional material injury to an industry in the Mexico (GOM) of its intent to terminate export or import substitution subsidies United States by reason of imports of the Agreement Suspending the on the subject merchandise. sugar from Mexico.7 Antidumping Duty Investigation on On January 8, 2015, Imperial Sugar Reviews sugar from Mexico (CVD Agreement) Company (Imperial) and AmCane Sugar unless a new agreement was reached on LLC (AmCane) each notified the On February 9, 2016, at the request of or before June 5, 2017. The Department Department that they had petitioned the the American Sugar Coalition and its 8 subsequently modified its notice of International Trade Commission (ITC) to Members (ASC), Imperial, and intent to terminate the CVD Agreement, conduct a review of the CVD Agreement AmCane, the Department initiated an stating its continued intent to terminate under section 704(h) of the Act to administrative review of the CVD the CVD Agreement unless an amended determine whether the injurious effects Agreement to examine, pursuant to for agreement was reached on or before of the imports of the subject the period of review from December 19, 9 June 6, 2017. Because the Department merchandise are eliminated completely 2014 through November 30, 2015 to intends to terminate the CVD by the CVD Agreement. On March 19, examine the status of, and compliance 10 Agreement, or, in the alternative, amend 2015, in a unanimous vote, the ITC with, the CVD Agreement, as well as the CVD Agreement prior to the found that the CVD Agreement whether suspension of the CVD expiration of the termination period, the eliminated completely the injurious Agreement is in the ‘‘public interest,’’ two ongoing administrative reviews of effects of imports of sugar from Mexico.4 including the availability of supplies of the original CVD Agreement are now As a result of the ITC’s determination, sugar in the U.S. market, and whether 11 moot, and the Department is rescinding the CVD Agreement remained in effect, ‘‘effective monitoring’’ is practicable. both reviews. and on March 27, 2015, the Department, On December 5, 2016, the Department published its preliminary results of its DATES: Effective June 5, 2017. in accordance with section 704(h)(3) of the Act, instructed U.S. Customs and administrative review of the CVD 12 FOR FURTHER INFORMATION CONTACT: Border Protection (CBP) to terminate the Agreement. In its Preliminary Results, Sally C. Gannon or David Cordell, suspension of liquidation of all entries the Department determined that there is Enforcement & Compliance, of sugar from Mexico and refund all some indication that certain individual International Trade Administration, cash deposits. transactions of subject merchandise may U.S. Department of Commerce, 1401 Notwithstanding issuance of the CVD 6 Constitution Avenue NW., Washington, Agreement, pursuant to requests by Final Determination, 80 FR at 57338. 7 See Sugar From Mexico, 80 FR 70833 DC 20230, telephone: (202) 482–0162 or domestic interested parties, the (202) 482–0408. (November 16, 2015) (Final ITC Determination). Department continued its investigation 8 The members of the American Sugar Coalition SUPPLEMENTARY INFORMATION: and made an affirmative final are: American Sugar Cane League, American determination that countervailable Sugarbeet Growers Association, American Sugar Background Refining, Inc., Florida Sugar Cane League, Rio subsidies were being provided to Grande Valley Sugar Growers, Inc., Sugar Cane Investigation and Issuance of the CVD exporters and producers of sugar from Growers Cooperative of Florida, and the United Agreement Mexico.5 In its Final Determination, the States Beet Sugar Association. Department calculated countervailable 9 See Initiation of Antidumping and On April 17, 2014, the Department subsidy rates of 43.93 percent for Fondo Countervailing Duty Administrative Reviews, 81 FR initiated a countervailing duty 6832 (February 9, 2016) (2014–2015 Administrative de Empresas Expropiadas del Sector investigation under section 702 of the Review). On March 16, 2016, the Department expanded the period of review for the CVD Tariff Act of 1930, as amended (the Act), 2 See Sugar from Mexico: Preliminary Affirmative Agreement from December 19, 2014, through to determine whether manufacturers, Countervailing Determination and Alignment of December 31, 2014, to include calendar year 2015. producers, or exporters of sugar from Final Countervailing Duty Determination With Final As such, the period of review for the instant review Mexico receive countervailable Antidumping Duty Determination, 79 FR 51956 is December 19, 2014, through December 31, 2015. subsidies.1 On August 25, 2014, the (September 2, 2014) (Preliminary Determination). See Memorandum to Lynn Fischer Fox entitled 3 See Sugar From Mexico: Suspension of ‘‘First Administrative Review of the Agreement Department preliminarily determined Countervailing Duty Investigation, 79 FR 78044 Suspending the Countervailing Duty Investigation that countervailable subsidies were (December 29, 2014). on Sugar from Mexico: Extending the Period of being provided to producers and 4 See Sugar from Mexico; Determinations, 80 FR Review’’ (March 16, 2016). exporters of sugar from Mexico and 16426 (March 27, 2015). 10 See section 751(a)(1)(C) of the Act. 11 aligned the final countervailing duty 5 See Sugar From Mexico: Continuation of See section IV of the CVD Agreement. Antidumping and Countervailing Duty 12 See Suspension Agreement on Sugar From Investigations, 80 FR 25278 (May 4, 2015); Sugar Mexico; Administrative Review of the Agreement 1 See Sugar from Mexico: Initiation of From Mexico: Final Affirmative Countervailing Duty Suspending the Countervailing Duty Investigation Countervailing Duty Investigation, 79 FR 22790 Determination, 80 FR 57337 (September 23, 2015) on Sugar From Mexico, 81 FR 87539 (December 5, (April 24, 2014). (Final Determination). 2016) (Preliminary Results).

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not be in compliance with the terms of reached.16 Accordingly, the questions of sucrose is 5988; and the Chemical Abstracts the CVD Agreement, and further, that the status of, and compliance, with the Service (CAS) Number of sucrose is 57–50– the CVD Agreement may no longer be CVD Agreement, whether suspension of 1. meeting all of the statutory the CVD Agreement is in the ‘‘public Sugar described in the previous paragraph includes products of all polarimeter readings requirements, as set forth in sections interest,’’ including the availability of described in various forms, such as raw 704(c) and (d) of the Act. supplies of sugar in the U.S. market, and sugar, estandar or standard sugar, high On February 13, 2017, at the request whether ‘‘effective monitoring’’ is polarity or semi-refined sugar, special white of interested parties ASC, Imperial, and practicable have been rendered moot sugar, refined sugar, brown sugar, edible Zucarmex S.A. de C.V. (Zucarmex), the because either the CVD Agreement will molasses, desugaring molasses, organic raw Department initiated an administrative be amended and suspension of the sugar, and organic refined sugar. Other sugar review of the CVD Agreement for the investigation will be continued with the products, such as powdered sugar, colored Department’s issuance of a final sugar, flavored sugar, and liquids and syrups period January 1, 2016 through that contain 95 percent or more sugar by dry 13 December 31, 2016. amendment to the CVD Agreement, or weight are also within the scope of the order. On May 1, 2017, the Department the CVD Agreement will be terminated, The scope of the order does not include (1) notified the GOM of its intent to per the May 1, 2017 notice of intent to sugar imported under the Refined Sugar Re- terminate the CVD Agreement pursuant terminate, as modified by its June 5, Export Programs of the U.S. Department of to Section XI.B of the CVD Agreement, 2017 letter.17 Therefore, the Department Agriculture; 18 (2) sugar products produced unless the parties reached agreement is rescinding the 2014–2015 and 2015– in Mexico that contain 95 percent or more upon resolution of the outstanding 2016 administrative reviews of the CVD sugar by dry weight that originated outside Agreement. of Mexico; (3) inedible molasses (other than issues with the current agreement on or inedible desugaring molasses noted above); 14 before June 5, 2016. On June 5, 2017, Notification to Interested Parties (4) beverages; (5) candy; (6) certain specialty the Department notified the GOM that it sugars; and (7) processed food products that was extending the period within which This notice serves as the only contain sugar (e.g., cereals). Specialty sugars to reach an agreement until June 6, reminder to parties subject to excluded from the scope of the order are 2017.15 administrative protective order (APO) of limited to the following: caramelized slab their responsibility concerning the sugar candy, pearl sugar, rock candy, dragees Scope of CVD Agreement disposition of proprietary information for cooking and baking, fondant, golden disclosed under APO in accordance syrup, and sugar decorations. The product subject to the CVD Merchandise covered by the CVD Agreement is raw and refined sugar of with 19 CFR 351.305(a)(3). Timely written notification of return/ Agreement is typically imported under the all polarimeter readings derived from following headings of the HTSUS: sugar cane or sugar beets. The covered destruction of APO materials or 1701.12.1000, 1701.12.5000, 1701.13.1000, merchandise is classified in the conversion to judicial protective order is 1701.13.5000, 1701.14.1000, 1701.14.5000, Harmonized Tariff Schedule of the hereby requested. Failure to comply 1701.91.1000, 1701.91.3000, 1701.99.1010, United States (HTSUS) at subheadings: with the regulations and the terms of an 1701.99.1025, 1701.99.1050, 1701.99.5010, 1701.12.1000, 1701.12.5000, APO is a sanctionable violation. 1701.99.5025, 1701.99.5050, and We are issuing and publishing this 1702.90.4000. The tariff classification is 1701.13.1000, 1701.13.5000, provided for convenience and customs 1701.14.1000, 1701.14.5000, notice in accordance with sections 704(f), 751(a)(1) and 777(i)(1) of the Act. purposes; however, the written description of 1701.91.1000, 1701.91.3000, the scope of the order is dispositive. Dated: June 6, 2017. 1701.99.1010, 1701.99.1025, [FR Doc. 2017–12116 Filed 6–9–17; 8:45 am] 1701.99.1050, 1701.99.5010, Ronald K. Lorentzen, BILLING CODE 3510–DS–P 1701.99.5025, 1701.99.5050, and Acting Assistant Secretary for Enforcement 1702.90.4000. and Compliance. See Appendix I for the full Appendix I: Scope of the CVD DEPARTMENT OF COMMERCE description of merchandise covered by Agreement the CVD Agreement. International Trade Administration The product covered by the CVD Period of Administrative Reviews Agreement is raw and refined sugar of all [C–489–819] The POR of the first administrative polarimeter readings derived from sugar cane or sugar beets. The chemical sucrose gives Steel Concrete Reinforcing Bar From review is December 19, 2014 through sugar its essential character. Sucrose is a the Republic of Turkey: Final Results December 31, 2015 and the POR of the nonreducing disaccharide compo15)10sed of and Partial Rescission of second administrative review is January glucose and fructose linked by a glycosidic Countervailing Duty Administrative 1, 2016 through December 31, 2016. bond via their anomeric carbons. The Review; 2014 molecular formula for sucrose is C12H22O11; Rescission of Administrative Reviews the International Union of Pure and Applied AGENCY: Enforcement and Compliance, The Department has indicated its Chemistry (IUPAC) International Chemical International Trade Administration, intent to terminate the CVD Agreement, Identifier (InChl) for sucrose is 1S/ Department of Commerce. unless an amended agreement can be C12H22O11/c13-l-4-6(16)8(18)9(19)11(21- SUMMARY: The Department of Commerce 4)23-12(3-15)10(20)7(17)5(2-14)22-12/h4- (the Department) has completed its 11,13-20H,1-H2/t4-,5-,6-,7-,8+,9-,10+,11- 13 See Initiation of Antidumping and ,12+/m1/s1; the InChl Key for sucrose is administrative review of the Countervailing Duty Administrative Reviews, 82 FR CZMRCDWAGMRECN-UGDNZRGBSA-N; countervailing duty (CVD) order on steel 10457 (February 13, 2017) (2015–2016 the U.S. National Institutes of Health concrete reinforcing bar (rebar) from the Administrative Review). Republic of Turkey (Turkey). The period 14 See Letter from Ronald Lorentzen to Aristeo PubChem Compound Identifier (CID) for Lopez, ‘‘Agreement Suspending the Countervailing of review (POR) is September 15, 2014, Duty Investigation on Sugar from Mexico’’ (May 1, 16 See May 1, 2017 letter, as modified by the June 2017) (May 1, 2017 letter). 5, 2017 letter. 18 This exclusion applies to sugar imported under 15 See Letter from Ronald Lorentzen to Aristeo 17 See May 1, 2017 Letter. Thus, if no amendment the Refined Sugar Re-Export Program, the Sugar- Lopez, ‘‘Agreement Suspending the Countervailing is finalized, the administrative reviews will be moot Containing Products Re-Export Program, and the Duty Investigation on Sugar from Mexico’’ (June 5, for the alternative reason that the CVD Agreement Polyhydric Alcohol Program administered by the 2017) (June 5, 2017 letter). has been terminated. U.S. Department of Agriculture.

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through December 31, 2014. This review subject merchandise may also enter Act of 1930, as amended (the Act). For covers 12 producers/exporters of subject under other HTSUS numbers including each of the subsidy programs found merchandise, two of which the 7215.90.1000, 7215.90.5000, countervailable, we determine that there Department selected for individual 7221.00.0015, 7221.00.0030, is a subsidy, i.e., a government-provided examination: Icdas Celik Enerji Tersane 7221.00.0045, 7222.11.0001, financial contribution that gives rise to ve Ulasim Sanayi A.S. (Icdas) and 7222.11.0057, 7222.11.0059, a benefit to the recipient, and that the Kaptan Demir Celik Endustrisi ve 7222.30.0001, 7227.20.0080, subsidy is specific.2 For a full Ticaret A.S. and Kaptan Metal Dis 7227.90.6085, 7228.20.1000, and description of the methodology Ticaret ve Nakliyat A.S. (Kaptan Demir 7228.60.6000. While HTSUS underlying all of the Department’s Companies) (collectively, the mandatory subheadings are provided for conclusions, see the Issues and Decision respondents). The ten firms that were convenience and customs purposes, the Memorandum. not individually examined are included written description of the scope of this Partial Rescission of Review in the chart under the Final Results of Order is dispositive.1 Review section, below. Analysis of Comments Received Entries of merchandise produced and We find that the mandatory exported by Habas Sinai ve Tibbi Gazlar respondents each received a de minimis All issues raised in interested parties’ Istihsal Endustrisi A.S. (Habas) are not net subsidy rate during the POR. See briefs are addressed in the Issues and subject to countervailing duties because ‘‘Final Results of Review’’ section of this Decision Memorandum. A list of the the Department’s final determination notice below for the rates calculated for issues raised by interested parties and to with respect to this producer/exporter the companies covered in this review. which we responded in the Issues and combination was negative.3 However, as Decision Memorandum is provided in DATES: Effective June 12, 2017. stated in the Initiation Notice, any the Appendix to this notice. The Issues entries of merchandise produced by any FOR FURTHER INFORMATION CONTACT: and Decision Memorandum is a public other entity and exported by Habas, or Kristen Johnson (Icdas) and Samuel document and is on file electronically produced by Habas and exported by Brummitt (Kaptan Demir Companies), via Enforcement and Compliance’s another entity, are subject to the Order.4 AD/CVD Operations, Office III, Antidumping and Countervailing Duty Enforcement and Compliance, Centralized Electronic Service System Because there is no evidence on the International Trade Administration, (ACCESS). ACCESS is available to record of entries of merchandise U.S. Department of Commerce, 1401 registered users at https:// produced by another entity and Constitution Avenue NW., Washington, access.trade.gov and in the Central exported by Habas, or entries of DC 20230; telephone (202) 482–4793, Records Unit, room B8024 of the main merchandise produced by Habas and and (202) 482–7851, respectively. Department of Commerce building. In exported by another entity, we determine that Habas is not subject to Scope of the Order addition, a complete version of the Issues and Decision Memorandum can this administrative review. Therefore, The scope of the order consists of be accessed directly at http:// pursuant to 19 CFR 351.213(d)(3), we steel concrete reinforcing bar imported enforcement.trade.gov/frn/. The signed are rescinding the review with respect in either straight length or coil form and electronic versions of the Issues and to Habas. (rebar) regardless of metallurgy, length, Decision Memorandum are identical in Final Results of Review diameter, or grade. The subject content. merchandise is classifiable in the In accordance with 19 CFR Harmonized Tariff Schedule of the Methodology 351.221(b)(5), we determine the United States (HTSUS) primarily under The Department conducted this following net countervailable subsidy item numbers 7213.10.0000, administrative review in accordance rates for the period September 15, 2014, 7214.20.0000, and 7228.30.8010. The with section 751(a)(1)(A) of the Tariff through December 31, 2014:

Subsidy rate Company ad valorem (percent)

Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S ...... * 0.01 Kaptan Demir Celik Endustrisi ve Ticaret A.S. and Kaptan Metal D(s¸ Ticaret ve Nakliyat A.S ...... * 0.02 3212041 Canada Inc ...... 0.00 Acemar International Limited ...... 0.00 As Gaz Sinai ve Tibbi Azlar A.S ...... 0.00 Colakoglu Dis Ticaret A.S. (also known as Colakoglu Disticaret AS) ...... 0.00 Colakoglu Metalurji A.S ...... 0.00 Del Industrial Metals ...... 0.00 Izmir Demir Celik Sanayi A.S ...... 0.00 Ozkan Demir Celik Sanayi A.S ...... 0.00 Tata Steel International (Hong Kong) Limited (also known as Tata Steel International (Hong Kong)) ...... 0.00

1 See Steel Concrete Reinforcing Bar from the 2 See sections 771(5)(B) and (D) of the Act 4 See Initiation of Antidumping and Republic of Turkey: Countervailing Duty Order, 79 regarding financial contribution; section 771(5)(E) Countervailing Duty Administrative Reviews, 81 FR FR 65926 (November 6, 2014) (the Order). For a full of the Act regarding benefit; and section 771(5A) of 736, 740 (at footnote 4) (January 7, 2016) (Initiation description of the scope of this order see the Act regarding specificity. Notice). Memorandum, ‘‘Decision Memorandum for Final 3 5 Results of Countervailing Duty 2014 Administrative See Steel Concrete Reinforcing Bar from the The name of Tata Steel UK was incorrectly Review: Steel Concrete Reinforcing Bar from the Republic of Turkey: Final Affirmative spelled in the Initiation Notice. The company’s Republic of Turkey,’’ dated concurrently with, and Countervailing Duty Determination Final name was inadvertently listed as ‘‘Tata Steel U.’’ hereby adopted by this notice (Issues and Decision Affirmative Critical Circumstances Determination, See Initiation Notice, 81 FR at 740. Memorandum). 79 FR 54963, 54964 (September 15, 2014).

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Subsidy rate Company ad valorem (percent)

Tata Steel UK 5 ...... 0.00 * de minimis.

In accordance with the U.S. Court of destruction of APO materials or e. Export Insurance Appeals for the Federal Circuit’s conversion to judicial protective order is 7. Regional Investment Incentives decision in Albemarle Corp. v. United hereby requested. Failure to comply a. Value Added Tax (VAT) and Customs States,6 we are applying to the non- with the regulations and the terms of an Duty Exemptions selected companies the rates calculated APO is a sanctionable violation. b. Income Tax Reductions for the mandatory respondents, which We are issuing and publishing these c. Social Security Support are de minimis. final results of review in accordance d. Land Allocation with sections 751(a)(1) and 777(i)(1) of 8. Large-Scale Investment Incentives Disclosure the Act, 19 CFR 351.213(d)(4) and 19 a. VAT and Customs Duty Exemptions We will disclose to the parties in this CFR 351.221(b)(5). b. Tax Reduction proceeding the calculations performed c. Income Tax Withholding Allowance Dated: June 6, 2017. for these final results within five days d. Social Security and Interest Support of the date of publication of this notice Ronald K. Lorentzen, e. Land Allocation in the Federal Register.7 Acting Assistant Secretary for Enforcement 9. Strategic Investment Incentives and Compliance. a. VAT and Customs Duty Exemptions Assessment and Cash Deposit APPENDIX b. Tax Reduction Requirements c. Income Tax Withholding Allowance In accordance with 19 CFR List of Topics Discussed in the Issues and d. Social Security and Interest Support 351.212(b)(2), the Department intends to Decision Memorandum e. Land Allocation issue assessment instructions to U.S. I. Summary f. VAT Refunds Customs and Border Protection (CBP) 15 II. Background 10. Incentives for Research & Development days after the date of publication of III. List of Comments (R&D) Activities IV. Scope of the Order these final results of review to liquidate a. Tax Breaks and Other Assistance V. Subsidies Valuation Information b. Product Development R&D Support— shipments of subject merchandise VI. Analysis of Programs UFT entered, or withdrawn from warehouse, A. Programs Determined To Be for consumption on or after September Countervailable 11. Regional Development Subsidies 15, 2014, through December 31, 2014, 1. Rediscount Program a. Provision of Land for LTAR without regard to countervailing duties 2. Assistance To Offset Costs Related To b. Provision of Electricity for LTAR because a de minimis subsidy rate was AD/CVD Investigations c. Withholding of Income Tax on Wages determined for each of the above listed B. Programs Determined To Not Be and Salaries companies. Countervailable d. Exemption From Property Tax The Department also intends to 1. Purchase of Electricity for More Than e. Employers’ Share in Insurance Adequate Remuneration (MTAR)—Sales Premiums instruct CBP to collect cash deposits of on the Grid zero percent for each company listed on f. Preferential Tax Benefits for Turkish 2. Purchase of Electricity for MTAR—Sales Rebar Producers Located in Free Zones shipments of the subject merchandise to Public Buyers g. Preferential Lending to Turkish Rebar entered or withdrawn from warehouse, C. Program Determined To Not Be for consumption on or after the date of Countervailable For a Respondent Producers Located in Free Zones publication of the final results of this 1. Provision of Natural Gas for Less Than h. Exemptions From Foreign Exchange review. For all non-reviewed firms, we Adequate Remuneration (LTAR) Restrictions to Turkish Rebar Producers Located in Free Zones will instruct CBP to collect cash D. Programs Determined To Not Confer i. Preferential Rates for Land Rent and deposits of estimated countervailing Countervailable Benefits 1. Reduction and Exemption of Licensing Purchase to Turkish Rebar Producers duties at the most recent company- Fees for Renewable Resource Power Located in Free Zones specific or all others rate applicable to Plants VII. Analysis of Comments the company, as appropriate. These cash 2. Investment Incentive Certificates Comment 1: Whether the Purchase of deposit requirements, when imposed, E. Programs Determined To Not Be Used Electricity for MTAR Is Countervailable shall remain in effect until further 1. Purchase of Electricity for MTAR—Sales Comment 2: Whether the Department via Build-Operate-Own, Build-Operate- notice. Should Countervail the Provision of Transfer, and Transfer of Operating Lignite for LTAR Return or Destruction of Proprietary Rights Contracts Information 2. Provision of Lignite for LTAR Comment 3: Whether the Department Should Countervail the Provision of This notice also serves as a reminder 3. Purchase of Electricity Generated From Renewable Resources for MTAR Natural Gas for LTAR to parties subject to administrative Comment 4: Whether the Assistance to protective order (APO) of their 4. Deductions From Taxable Income for Export Revenue Offset Costs Related to AD/CVD responsibility concerning the 5. Research and Development Grant Investigation Is Countervailable disposition of proprietary information Program Comment 5: Whether the Department disclosed under APO in accordance 6. Export Credits, Loans, and Insurance Should Have Required a Response From with 19 CFR 351.305(a)(3). Timely From Turk Eximbank Kaptan Demir’s Cross-Owned Power written notification of the return or a. Pre-Shipment Export Credits Producer b. Foreign Trade Company Export Loans VIII. Conclusion 6 See Albemarle Corp. v. United States, 821 F.3d c. Pre-Export Credits 1345 (Fed. Cir. May 2, 2016). d. Short-Term Export Credit Discount [FR Doc. 2017–12108 Filed 6–9–17; 8:45 am] 7 See 19 CFR 351.224(b). Program BILLING CODE 3510–DS–P

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DEPARTMENT OF COMMERCE currently classifiable in the Harmonized Final Results of Review Tariff Schedule of the United States As a result of this review, we International Trade Administration (HTSUS) under subheadings determine that the following weighted- [A–580–809] 7306.30.1000, 7306.30.5025, average dumping margins exist for the 7306.30.5032, 7306.30.5040, firms listed below for the period Circular Welded Non-Alloy Steel Pipe 7306.30.5055, 7306.30.5085, and November 1, 2014, through October 31, From the Republic of Korea: Final 7306.30.5090. While the HTSUS 2015. Results of Antidumping Duty subheadings are provided for Administrative Review; 2014–2015 convenience and customs purposes, the Weighted- written description is dispositive. A full average AGENCY: Enforcement and Compliance, description of the scope of the order is Producer or exporter dumping International Trade Administration, margins contained in the Issues and Decission (percent) Department of Commerce. Memorandum.3 SUMMARY: On December 9, 2016, the Husteel Co., Ltd ...... 1.20 Department of Commerce (the Final Determination of No Shipments AJU Besteel ...... 1.20 Department) published the preliminary In the Preliminary Results, we NEXTEEL ...... 1.20 results of the administrative review of preliminarily determined that Hyundai SeAH Steel Corporation ...... 1.20 the antidumping duty order on circular had no reviewable transactions during welded non-alloy steel pipe (CWP) from the POR. We continue to find that Assessment Rates the Republic of Korea (Korea). This Hyundai had no reviewable entries Pursuant to section 751(a)(2)(C) of the review covers one mandatory during the POR.4 Act, and 19 CFR 351.212(b)(1), the respondent, Husteel Co., Ltd. (Husteel) Analysis of Comments Received Department has determined, and U.S. and three companies not selected for Customs and Border Protection (CBP) individual examination, which are All issues raised in the case and shall assess, antidumping duties on all listed in the chart under the Finals rebuttal briefs by parties in this review appropriate entries of subject Results of Review section below. Based are addressed in the Issues and Decision merchandise in accordance with the on our analysis of the comments Memorandum. A list of the issues raised final results of this review. For Husteel, received, we continue to find that is attached to this notice as an the company we selected for individual subject merchandise has been sold at Appendix. The Issues and Decision examination, we calculated an importer- less than normal value. Memorandum is a public document and specific assessment rates on the basis of is on file electronically via Enforcement DATES: Effective June 12, 2017. the ratio of the total amount of and Compliance’s Antidumping and FOR FURTHER INFORMATION CONTACT: antidumping duties calculated for each Countervailing Duty Centralized importer’s examined sales and the total Joseph Shuler, AD/CVD Operations, Electronic Service System (ACCESS). Office I, Enforcement and Compliance, entered value of the sales in accordance ACCESS is available to registered users with 19 CFR 351.212(b)(1).6 International Trade Administration, at http://access.trade.gov, and is U.S. Department of Commerce, 1401 For entries of subject merchandise available to all parties in the Central during the POR produced by Husteel or Constitution Avenue NW., Washington, Records Unit, Room B8024 of the main DC 20230; telephone (202) 482–1293. Hyundai for which they did not know Department of Commerce building. In their merchandise was destined for the SUPPLEMENTARY INFORMATION: addition, a complete version of the United States, we will instruct CBP to Background Issues and Decision Memorandum can liquidate such unreviewed entries at the be accessed directly on the internet at all-others rate if there is no rate for the On December 9, 2016, the Department http://trade.gov/enforcement. intermediate company(ies) involved in published the Preliminary Results in the 1 Changes From the Preliminary Results the transaction. Federal Register. The period of review For AJU Besteel, NEXTEEL, and SeAH (POR) is November 1, 2014, through Based on our analysis of the Steel Corporation (the companies not October 31, 2015. We invited interested comments received, we have made selected for individual examination), we parties to comment on the Preliminary certain changes for Husteel since the will instruct CBP to apply the rate Results and received case and rebuttal Preliminary Results. Specifically, we 2 assigned to them in the final results of briefs from interested parties. The have recalculated Husteel’s theoretical this review to all entries of subject Department conducted this weight and corrected several ministerial merchandise produced and/or exported administrative review in accordance errors. For further details on the changes by these companies. with section 751 of the Tariff Act of we made for these final results, see the We intend to issue liquidation 1930, as amended (the Act). Issues and Decision Memorandum and instructions to CBP 15 days after Scope of the Order the final analysis memorandum for publication of the final results of these Husteel dated concurrently with this reviews. The merchandise subject to the order notice.5 is circular welded non-alloy steel pipe Cash Deposit Requirements and tube. Imports of the product are 3 For a full description of the scope of the order, The following cash deposit see ‘‘Issues and Decision Memorandum for the requirements will be effective upon 1 See Circular Welded Non-Alloy Steel Pipe from Final Results of Antidumping Duty Administrative publication of the notice of final results the Republic of Korea: Preliminary Results of Review of Circular Welded Non-Alloy Steel Pipe Antidumping Duty Administrative Review; 2014– from the Republic of Korea: 2014–2015,’’ dated of this administrative review for all 2015, 81 FR 89059 (December 9, 2016) (Preliminary concurrently with, and hereby adopted by, this Results) and accompanying Preliminary Decision notice (Issues and Decision Memorandum) at 2–3. 6 In these final results, the Department applied Memorandum. 4 See the Issues and Decision Memorandum at the assessment rate calculation method adopted in 2 See case briefs filed by Husteel Co., Ltd. Comment 2 for a full explanation of our analysis. Antidumping Proceedings: Calculation of the (Husteel) and Wheatland Tube Company 5 See the Memorandum, ‘‘Circular Welded Non- Weighted-Average Dumping Margin and (Wheatland) on January 13, 2017, and rebuttal briefs Alloy Steel Pipe from the Republic of Korea: Final Assessment Rate in Certain Antidumping Duty filed by Husteel and Hyundai Steel Company Analysis Memorandum for Husteel Co., Ltd.,’’ dated Proceedings; Final Modification, 77 FR 8101 (Hyundai) on January 25, 2017. concurrently with this notice. (February 14, 2012).

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shipments of CWP from Korea entered, This notice is published in ADDRESSES: The meeting will be held or withdrawn from warehouse, for accordance with section 751(a)(1) and via conference call. The call-in number consumption on or after the date of 777(i)(1) of the Act and 19 CFR and passcode will be provided by email publication as provided by section 351.221(b)(5). to registrants. Requests to register 751(a)(2) of the Act: (1) The cash deposit Dated: June 6, 2017. (including for auxiliary aids) and any rate for the companies listed above will Ronald K. Lorentzen, written comments should be submitted be equal to the weighted-average to: U.S. Travel and Tourism Advisory Acting Assistant Secretary for Enforcement dumping margins established in the and Compliance. Board, National Travel and Tourism final results of this administrative Office, U.S. Department of Commerce, review; (2) for merchandise exported by Appendix I 1401 Constitution Ave. NW., Room producers or exporters not covered in List of Topics Discussed in the Issues and 10003, Washington, DC 20230, or by this review but covered in a prior Decision Memorandum email to [email protected]. Members of completed segment of the proceeding, I. Summary the public are encouraged to submit the cash deposit rate will continue to be II. Background registration requests and written the company-specific rate published for III. Scope of the Order comments via email to ensure timely the most recent period; (3) if the IV. Discussion of the Issues receipt. exporter is not a firm covered in this Comment 1: Theoretical Weight FOR FURTHER INFORMATION CONTACT: review, a prior review, or the original Comment 2: Hyundai’s Claim of No Brian Beall, the United States Travel investigation but the producer has been Shipment Comment 3: Reporting Period for U.S. and and Tourism Advisory Board, National covered in a prior complete segment of Travel and Tourism Office, U.S. this proceeding, the cash deposit rate Comparison Market Sales Comment 4: Programming Codes for Mixed Department of Commerce, 1401 will be the rate established for the most Currencies Constitution Ave. NW., Room 10003, recent period for the producer of the Comment 5: Classification of Comparison Washington, DC 20230; telephone: 202– merchandise; (4) the cash deposit rate Market Credit Expenses 482–5634, email: [email protected]. for all other producers or exporters will VI. Recommendation SUPPLEMENTARY INFORMATION: continue to be 4.80 percent, the ‘‘all [FR Doc. 2017–12105 Filed 6–9–17; 8:45 am] Background: The Board advises the others’’ rate established in the order.7 BILLING CODE 3510–DS–P Secretary of Commerce on matters These cash deposit requirements, when relating to the U.S. travel and tourism imposed, shall remain in effect until industry. further notice. DEPARTMENT OF COMMERCE Public Participation: The meeting will Notification to Importers be open to the public and will be International Trade Administration accessible to people with disabilities. This notice serves as a final reminder Any member of the public requesting to United States Travel and Tourism to importers of their responsibility join the meeting is asked to register to Advisory Board: Meeting of the United under 19 CFR 351.402(f) to file a register in advance by the deadline States Travel and Tourism Advisory certificate regarding the reimbursement identified under the DATES caption. Board of antidumping duties prior to Requests for auxiliary aids must be liquidation of the relevant entries AGENCY: International Trade submitted by the registration deadline. during this review period. Failure to Administration, U.S. Department of There will be fifteen (15) minutes comply with this requirement could Commerce. allotted for oral comments from result in the Secretary’s presumption members of the public joining the that reimbursement of antidumping ACTION: Notice of an open meeting. meeting. To accommodate as many duties occurred and the subsequent speakers as possible, the time for public SUMMARY: assessment of double antidumping The United States Travel and comments may be limited to three (3) duties. Tourism Advisory Board (Board or minutes per person. Members of the TTAB) will hold an open meeting via public wishing to reserve speaking time Notification Regarding Administrative teleconference on Wednesday, June 28, Protective Order during the meeting must submit a 2017. The Board advises the Secretary of request at the time of registration, as Commerce on matters relating to the This notice serves as the only well as the name and address of the U.S. travel and tourism industry. The reminder to parties subject to proposed speaker. If the number of purpose of the meeting is for Board administrative protective order (APO) of registrants requesting to make members to deliberate on and their responsibility concerning the statements is greater than can be potentially adopt a letter to the disposition of proprietary information reasonably accommodated during the Secretary containing recommendations disclosed under APO in accordance meeting, the International Trade related to the importance of with 19 CFR 351.305(a)(3). Timely Administration may conduct a lottery to international travel and tourism to the written notification of return/ determine the speakers. Speakers are United States. The final agenda will be destruction of APO materials or requested to submit a written copy of posted on the Department of Commerce conversion to judicial protective order is their prepared remarks by 5 p.m. EDT Web site for the Board at http:// hereby requested. Failure to comply on Wednesday, June 21, 2017, for trade.gov/ttab, at least one week in with the regulations and the terms of an inclusion in the meeting records and for advance of the meeting. APO is a violation subject to sanction. circulation to the members of the Board. DATES: Wednesday, June 28, 2017, 1:00 In addition, any member of the public 7 See Notice of Antidumping Duty Orders: Certain p.m.–2:00 p.m. EDT. The deadline for may submit pertinent written comments Circular Welded Non-Alloy Steel Pipe from Brazil, members of the public to register, concerning the Board’s affairs at any the Republic of Korea (Korea), Mexico, and including requests for auxiliary aids, or time before or after the meeting. Venezuela, and Amendment to Final Determination of Sales at Less Than Fair Value: Certain Circular to submit written comments for Comments may be submitted to Brian Welded Non-Alloy Steel Pipe from Korea, 57 FR dissemination prior to the meeting, is Beall at the contact information 49453 (November 2, 1992). 5:00 p.m. EDT on June 21, 2017. indicated above. To be considered

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during the meeting, comments must be Commerce, 1401 Constitution Avenue building. In addition, a complete received no later than 5 p.m. EDT on NW, Washington, DC 20230; telephone: version of the Issues and Decision Wednesday, June 21, 2017, to ensure (202) 482–5760 and (202) 482–3683, Memorandum can be accessed directly transmission to the Board prior to the respectively. on the Enforcement and Compliance meeting. Comments received after that SUPPLEMENTARY INFORMATION: Web site at http:// date and time will be distributed to the enforcement.trade.gov/frn/index.html. members but may not be considered Background Final Determination of No Shipments during the meeting. Copies of Board On December 9, 2016, the Department meeting minutes will be available published the preliminary results of the We preliminarily found that Danyang within 90 days of the meeting. administrative review of the City Ou Di Ma Tools Co., Ltd., Danyang Dated: June 6, 2017. antidumping duty order on diamond Tsunda Diamond Tools Co., Ltd., 1 Brian Beall, sawblades from the PRC. We received Qingdao Hyosung Diamond Tools Co., case and rebuttal briefs with respect to Executive Secretary, United States Travel and Ltd., Qingdao Shinhan Diamond Tourism Advisory Board. the Preliminary Results. The deadline Industrial Co., Ltd., and Shanghai for the final results of this review is June [FR Doc. 2017–12047 Filed 6–9–17; 8:45 am] Starcraft Tools Co., Ltd., which have 7, 2017. We conducted this been eligible for separate rates in BILLING CODE 3510–DR–P administrative review in accordance previous segments of the proceeding with section 751 of the Tariff Act of and are subject to this review, did not DEPARTMENT OF COMMERCE 1930, as amended (the Act). have any reviewable entries of subject 3 Scope of the Order merchandise during the POR. After the International Trade Administration Preliminary Results, we received no The merchandise subject to the order comments or additional information [A–570–900] is diamond sawblades. The diamond with respect to these five companies. sawblades subject to the order are Therefore, for the final results, we Diamond Sawblades and Parts Thereof currently classifiable under subheadings From the People’s Republic of China: continue to find that these five 8202 to 8206 of the Harmonized Tariff companies did not have any reviewable Final Results of Antidumping Duty Schedule of the United States (HTSUS), Administrative Review; 2014–2015 entries of subject merchandise during and may also enter under subheading the POR. Consistent with our practice, AGENCY: Enforcement and Compliance, 6804.21.00. The HTSUS subheadings we will issue appropriate instructions to International Trade Administration, are provided for convenience and U.S. Customs and Border Protection Department of Commerce. customs purposes. A full description of (CBP) based on our final results. SUMMARY: On December 9, 2016, the the scope of the order is contained in 2 Department of Commerce (the the Issues and Decision Memorandum. Separate Rates The written description is dispositive. Department) published the preliminary The Department preliminarily results of the administrative review of Analysis of Comments Received determined that 24 respondents are the antidumping duty order on diamond All issues raised in the case and eligible to receive separate rates in this sawblades and parts thereof (diamond rebuttal briefs by parties to this review.4 We made no changes to these sawblades) from the People’s Republic administrative review are addressed in determinations for the final results. of China (the PRC). The period of review the Issues and Decision Memorandum. Changes Since the Preliminary Results (POR) is November 1, 2014, through A list of the issues raised is attached to October 31, 2015. For the final results, this notice as an appendix. The Issues We made revisions to the Preliminary we continue to find that certain and Decision Memorandum is a public Results following our findings in the companies covered by this review made document and is on file electronically verification of Bosun Tools Co., Ltd.’s sales of subject merchandise at less than via Enforcement and Compliance’s U.S. sales. normal value. Antidumping and Countervailing Duty Final Results of the Review DATES: Effective June 12, 2017. Centralized Electronic Service System FOR FURTHER INFORMATION CONTACT: (ACCESS). ACCESS is available to As a result of this administrative Yang Jin Chun or Bryan Hansen, AD/ registered users at http:// review, we determine that the following CVD Operations, Office I, Enforcement access.trade.gov and to all parties in the weighted-average dumping margins and Compliance, International Trade Central Records Unit, Room B8024 of exist for the period November 1, 2014, Administration, U.S. Department of the main Department of Commerce through October 31, 2015:

Margin Company (percent)

Bosun Tools Co., Ltd ...... 6.19 Chengdu Huifeng Diamond Tools Co., Ltd ...... 6.19 Danyang Hantronic Import & Export Co., Ltd ...... 6.19 Danyang Huachang Diamond Tools Manufacturing Co., Ltd ...... 6.19 Danyang Like Tools Manufacturing Co., Ltd ...... 6.19 Danyang NYCL Tools Manufacturing Co., Ltd ...... 6.19 Danyang Weiwang Tools Manufacturing Co., Ltd ...... 6.19

1 See Diamond Sawblades and Parts Thereof from 2 See the Memorandum, ‘‘Issues and Decision 3 See Preliminary Results, 81 FR at 89045, n.2, the People’s Republic of China: Preliminary Results Memorandum for the Administrative Review of the and accompanying Preliminary Decision of Antidumping Duty Administrative Review; 2014– Antidumping Duty Order on Diamond Sawblades Memorandum at 3. and Parts Thereof from the People’s Republic of 2015, 81 FR 89045 (December 9, 2016) (Preliminary 4 See Preliminary Results, 81 FR at 89045, n.6, China,’’ (Issues and Decision Memorandum) dated Results), and accompanying Preliminary Decision concurrently with and hereby adopted by this and accompanying Preliminary Decision Memorandum. notice, at 4. Memorandum at 4–8.

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Margin Company (percent)

Guilin Tebon Superhard Material Co., Ltd ...... 6.19 Hangzhou Deer King Industrial and Trading Co., Ltd ...... 6.19 Hangzhou Kingburg Import & Export Co., Ltd ...... 6.19 Huzhou Gu’s Import & Export Co., Ltd ...... 6.19 Jiangsu Fengtai Single Entity 5 ...... 82.05 Jiangsu Inter-China Group Corporation ...... 6.19 Jiangsu Youhe Tool Manufacturer Co., Ltd ...... 6.19 Qingyuan Shangtai Diamond Tools Co., Ltd ...... 6.19 Quanzhou Zhongzhi Diamond Tool Co., Ltd ...... 6.19 Rizhao Hein Saw Co., Ltd ...... 6.19 Saint-Gobain Abrasives (Shanghai) Co., Ltd ...... 6.19 Shanghai Jingquan Industrial Trade Co., Ltd ...... 6.19 Sino Tools Co., Ltd ...... 6.19 Weihai Xiangguang Mechanical Industrial Co., Ltd ...... 6.19 Wuhan Wanbang Laser Diamond Tools Co., Ltd 6 ...... 6.19 Xiamen ZL Diamond Technology Co., Ltd ...... 6.19 Zhejiang Wanli Tools Group Co., Ltd ...... 6.19

Assessment For entries that were not reported in deposit requirements shall remain in Pursuant to section 751(a)(2)(A) of the the U.S. sales databases submitted by effect until further notice. Bosun Tools Co., Ltd., the Department Act and 19 CFR 351.212(b), the Notification to Importers Department shall determine, and CBP will instruct CBP to liquidate such This notice serves as a final reminder shall assess, antidumping duties on all entries at the PRC-wide rate. In to importers of their responsibility appropriate entries covered by this addition, for the five companies that we under 19 CFR 351.402(f)(2) to file a review.7 For a customer or importer of determined had no reviewable entries of the subject merchandise in this review certificate regarding the reimbursement Bosun Tools Co., Ltd., we have of antidumping duties prior to calculated a customer/importer-specific period, any suspended entries that entered under that exporter’s case liquidation of the relevant entries ad valorem antidumping duty during this review period. Failure to assessment rate in accordance with 19 number (i.e., at that exporter’s rate) will be liquidated at the PRC-wide rate. comply with this requirement could CFR 351.212(b)(1). result in the Department’s presumption For the Jiangsu Fengtai Single Entity, We intend to issue assessment that reimbursement of the antidumping we will instruct CBP to apply an instructions to CBP 15 days after the duties occurred and the subsequent antidumping duty assessment rate of date of publication of the final results of review. assessment of doubled antidumping 82.05 percent to all entries of subject duties. merchandise that entered the United Cash Deposit Requirements States during the POR. For all non- Administrative Protective Orders The following cash deposit selected respondents that received a requirements will be effective upon This notice also serves as the only separate rate, we will instruct CBP to publication of the final results of this reminder to parties subject to apply an antidumping duty assessment administrative review for all shipments administrative protective order (APO) of rate of 6.19 percent 8 to all entries of of the subject merchandise from the PRC their responsibility concerning the subject merchandise that entered the entered, or withdrawn from warehouse, return or destruction of proprietary United States during the POR. For all for consumption on or after the information disclosed under APO in other companies, we will instruct CBP publication date as provided by section accordance with 19 CFR 351.305(a)(3). to apply the antidumping duty 751(a)(2)(C) of the Act: (1) For subject Timely written notification of the return assessment rate of the PRC-wide entity, merchandise exported by the companies or destruction of APO materials or 82.05 percent, to all entries of subject listed above that have separate rates, the conversion to judicial protective order is merchandise exported by these cash deposit rate will be the rate hereby requested. Failure to comply companies.9 established in these final results of with the regulations and terms of an review for each exporter as listed above; APO is a violation subject to sanction. 5 We continue to treat Jiangsu Fengtai Diamond These final results of review are (2) for previously investigated or Tool Manufacture Co., Ltd., Jiangsu Fengtai Tools issued and published in accordance Co., Ltd., and Jiangsu Fengtai Sawing Industry Co., reviewed PRC and non-PRC exporters with sections 751(a)(1) and 777(i) of the Ltd., as a single entity. See Preliminary Results, 81 not listed above that received a separate Act. FR at 89046, and accompanying Preliminary rate in a prior segment of this Decision Memorandum at 2, n.4 for details. Dated: June 6, 2017. 6 Wuhan Wanbang Laser Diamond Tools Co., Ltd., proceeding, the cash deposit rate will is the successor-in-interest to Wuhan Wanbang continue to be the exporter-specific rate; Ronald K. Lorentzen, Laser Diamond Tools Co. See Diamond Sawblades (3) for all PRC exporters of subject Acting Assistant Secretary for Enforcement and Parts Thereof from the People’s Republic of merchandise that have not been found and Compliance. China: Final Results of Antidumping Duty Changed Circumstances Review, 81 FR 20618 (April 8, 2016). to be entitled to a separate rate, the cash Appendix 7 See 19 CFR 351.212(b)(1). deposit rate will be that for the PRC- 8 See Issues and Decision Memorandum at 5–6. wide entity; (4) for all non-PRC I. Summary II. Background 9 See Initiation Notice, 81 FR at 737 (‘‘All firms exporters of subject merchandise which III. Scope of the Order listed below that wish to qualify for separate rate have not received their own rate, the status in the administrative reviews involving NME IV. Surrogate Country countries must complete, as appropriate, either a cash deposit rate will be the rate V. Separate Rates separate rate application or certification, as applicable to the PRC exporter that VI. Discussion of the Issues described below.’’). supplied that non-PRC exporter. These a. Adverse Facts Available

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b. Differential Pricing Memorandum Opinion and Order alena.org/Home/Dispute-Settlement/ c. Value-Added Tax which affirmed in part and remanded in Decisions-and-Reports. d. Surrogate Values part the Final Determination by VII. Recommendation Dated: June 6, 2017. Commerce. The Binational Panel Paul E. Morris, [FR Doc. 2017–12106 Filed 6–9–17; 8:45 am] concluded and ordered that Commerce’s U.S. Secretary, NAFTA Secretariat. BILLING CODE 3510–DS–P Final Determination is remanded for further consideration consistent with [FR Doc. 2017–12039 Filed 6–9–17; 8:45 am] the Panel’s decision with respect to (1) BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE the use of Commerce’s ‘‘concurrent subsidies’’ methodology to analyze the International Trade Administration DEPARTMENT OF COMMERCE provision of ‘‘hot idle’’ funding to Port North American Free Trade Agreement Hawkesbury Paper LLP (PHP) in a International Trade Administration (NAFTA), Article 1904 Binational Panel transaction between private parties; (2) Review: Notice of NAFTA Panel Commerce’s conclusion that the [A–201–845] Decision Government of Nova Scotia entrusted and directed Nova Scotia Power, Inc. to Antidumping Suspension Agreement AGENCY: United States Section, NAFTA make a financial contribution by on Sugar From Mexico: Rescission of Secretariat, International Trade providing electricity; (3) Commerce’s 2014–2015 and 2015–2016 Administration, Department of conclusion that Nova Scotia Power, Inc. Administrative Reviews Commerce. provided electricity for less than ACTION: Notice of NAFTA Panel adequate remuneration, addressing both AGENCY: Enforcement and Compliance, Decision in the matter of its conclusion that a Tier 1 benchmark International Trade Administration, Supercalendered Paper from Canada: was not available and its calculation of Department of Commerce. Final Affirmative Countervailing Duty a Tier 3 benchmark; (4) the use of SUMMARY: On May 1, 2017, the Determination (Secretariat File Number: Commerce’s ‘‘concurrent subsidies Department notified the producers/ USA–CDA–2015–1904–01). methodology’’ with respect to granting exporters that were signatories to the of Forestry Infrastructure monies to New Agreement Suspending the SUMMARY: On April 13, 2017, the Page Port Hawkesbury (NPPH) prior to Antidumping Duty Investigation on Binational Panel issued its its acquisition by Pacific West sugar from Mexico (the AD Agreement) Memorandum Opinion and Order in the Commercial Corporation (PWCC); (5) of its intent to terminate the AD matter of Supercalendered Paper from Commerce’s statement that the Agreement unless a new agreement was Canada: Final Affirmative administrative record contains no reached on or before June 5, 2017. The Countervailing Duty Determination evidence of a hostile takeover of Fibrek Department subsequently modified its (Final Determination). The Binational by Resolute; (6) Commerce’s failure to notice of intent to terminate the AD Panel affirmed in part and remanded in examine whether the grants to Resolute Agreement, stating its continued intent part the Final Determination by the under the Northern Industrial Electricity to terminate the AD Agreement unless United States Department of Commerce Rate and Forestry Sector Prosperity an amended agreement was reached on (Commerce) and copies of the NAFTA Funds programs were tied to the or before June 6, 2017. Because the Panel Decision are available from the production of a particular product or to Department intends to terminate the AD United States Section of the NAFTA the production of an input product; and Agreement, or, in the alternative, amend Secretariat. (7) Commerce’s use of the same non- the AD Agreement prior to the FOR FURTHER INFORMATION CONTACT: Paul recurring grant as the source for Adverse expiration of the termination period, the E. Morris, United States Secretary, Facts Available for both recurring and two ongoing administrative reviews of NAFTA Secretariat, Room 2061, 1401 non-recurring grants. the original AD Agreement are now Constitution Avenue NW., Washington, The Binational Panel ordered that to moot, and the Department is rescinding DC 20230, (202) 482–5438. the extent not rendered moot by both administrative reviews. SUPPLEMENTARY INFORMATION: Chapter Commerce’s explanation on remand as DATES: Effective June 5, 2017. 19 of Article 1904 of NAFTA provides to why a Tier 1 benchmark for FOR FURTHER INFORMATION CONTACT: a dispute settlement mechanism measuring the adequacy of Sally C. Gannon or David Cordell, involving trade remedy determinations remuneration of Port Hawkesbury’s Enforcement & Compliance, issued by the Government of the United electricity was not available, International Trade Administration, States, the Government of Canada, and Commerce’s October 21, 2016 motion U.S. Department of Commerce, 1401 the Government of Mexico. Following a for a voluntary remand to consider Constitution Avenue NW., Washington, Request for Panel Review, a Binational whether Commerce should include a DC 20230, telephone: (202) 482–0162 or Panel is composed to review the trade separate component for return on equity (202) 482–0408. remedy determination being challenged in its Tier 3 benchmark for measuring SUPPLEMENTARY INFORMATION: and issue a binding Panel Decision. the adequacy of remuneration of Port There are established NAFTA Rules of Hawkesbury’s electricity is granted, and Background Procedure for Article 1904 Binational the calculation of the benchmark for Investigation and Issuance of the AD Panel Reviews (Rules) and the NAFTA such purchases is hereby remanded. Agreement Panel Decision has been notified in The Binational Panel further ordered accordance with Rule 70. For the that the Final Determination in all other On April 17, 2014, the Department complete Rules, please see https:// respects is sustained and directed initiated an antidumping duty www.nafta-sec-alena.org/Home/Texts- Commerce to submit its redetermination investigation under section 732 of the of-the-Agreement/Rules-of-Procedure/ on remand within 75 days of the date Tariff Act of 1930, as amended (the Act), Article-1904. of issue of the NAFTA Panel Decision. to determine whether imports of sugar Panel Decision: On April 13, 2017, the For the full Memorandum Opinion and from Mexico are being, or are likely to Binational Panel issued its Order, please see https://www.nafta-sec- be, sold in the United States at less than

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fair value.1 On October 24, 2014, the Department calculated weighted-average not be in compliance with the terms of Department preliminarily determined dumping margins of 40.48 percent for the AD Agreement, and further, that the that sugar from Mexico is being, or is Fondo de Empresas Expropiadas del AD Agreement may no longer be likely to be, sold in the United States at Sector Azucarero (FEESA), 42.14 meeting all of the statutory less than fair value, as provided in percent for Ingenio Tala S.A. de C.V. requirements, as set forth in sections section 733 of the Act.2 and certain affiliated sugar mills of 734(c) and (d) of the Act. On December 19, 2014, the Grupo Azucarero Mexico S.A. de C.V. On February 13, 2017, at the request Department and representatives of the (collectively, the GAM Group), and of interested parties ASC, Imperial, and signatory producers/exporters 40.74 percent for all other Mexican Zucarmex S.A. de C.V. (Zucarmex), the accounting for substantially all imports producers/exporters. The Department Department initiated an administrative of sugar from Mexico signed the AD stated, in its Final Determination, that it review of the AD Agreement for the Agreement, under section 734(c) of the would ‘‘not instruct CBP to suspend period December 1, 2015 through Act, which suspended the AD liquidation or collect cash deposits November 30, 2016.13 investigation.3 The basis for this action calculated herein unless the AD On May 1, 2017, the Department was an agreement between the Suspension Agreement is terminated notified the signatory producers/ Department and signatory producers/ and the Department issues an exporters of its intent to terminate the exporters accounting for substantially antidumping duty order,’’ and, in that AD Agreement, pursuant to Section X.B all imports of sugar from Mexico, case, it would ‘‘instruct CBP to suspend of the AD Agreement, unless the parties wherein each signatory producer/ liquidation and require a cash deposit reached agreement upon resolution of exporter agreed to revise its prices to equal to the weighted-average amount the outstanding issues with the current eliminate completely the injurious by which normal value exceeds U.S. agreement on or before June 5, 2017.14 effects of exports of the subject price,’’ and adjusted for export On June 5, 2017, the Department merchandise to the United States. subsidies.6 The ITC subsequently made notified the signatory producers/ On January 8, 2015, Imperial Sugar an affirmative determination of material exporters that it was extending the Company (Imperial) and AmCane Sugar injury to an industry in the United period within which to reach an LLC (AmCane) each notified the States by reason of imports of sugar agreement until June 6, 2017.15 from Mexico.7 Department that they had petitioned the Scope of AD Agreement International Trade Commission (ITC) to Reviews conduct a review of the AD Agreement The product subject to the AD under section 734(h) of the Act, to On February 9, 2016, at the request of Agreement is raw and refined sugar of determine whether the injurious effects the American Sugar Coalition and its all polarimeter readings derived from 8 of the imports of the subject Members (ASC), Imperial, and sugar cane or sugar beets. The covered merchandise are eliminated completely AmCane, the Department initiated an merchandise is classified in the by the AD Agreement. On March 19, administrative review of the AD Harmonized Tariff Schedule of the 2015, in a unanimous vote, the ITC Agreement for the period of review from United States (HTSUS) at subheadings: found that the AD Agreement December 19, 2014 through November 1701.12.1000, 1701.12.5000, 9 eliminated completely the injurious 30, 2015 to examine, the status of, and 1701.13.1000, 1701.13.5000, 10 effects of imports of sugar from Mexico.4 compliance with, the AD Agreement, 1701.14.1000, 1701.14.5000, As a result of the ITC’s determination, as well as whether suspension of the 1701.91.1000, 1701.91.3000, the AD Agreement remained in effect, investigation is in the ‘‘public interest,’’ 1701.99.1010, 1701.99.1025, and on March 27, 2015, the Department, including the availability of supplies of 1701.99.1050, 1701.99.5010, in accordance with section 734(h)(3) of sugar in the U.S. market, and whether 1701.99.5025, 1701.99.5050, and 11 the Act, instructed U.S. Customs and ‘‘effective monitoring’’ is practicable. 1702.90.4000. Border Protection (CBP) to terminate the On December 5, 2016, the Department See Appendix I for the full suspension of liquidation of all entries published the preliminary results of its description of merchandise covered by of sugar from Mexico and refund all administrative review of the AD the AD Agreement. Agreement.12 In its Preliminary Results, cash deposits. Period of Administrative Reviews Notwithstanding issuance of the AD the Department determined that there is The POR of the first administrative Agreement, pursuant to requests by some indication that certain individual review is December 19, 2014 through domestic interested parties, the transactions of subject merchandise may November 30, 2015 and the POR of the Department continued its investigation second administrative review is and made an affirmative final Than Fair Value, 80 FR 57341 (September 23, 2015) (Final Determination). December 1, 2015 through November determination of sales at less than fair 6 Final Determination, 80 FR at 57342. 5 30, 2016. value. In its Final Determination, the 7 See Sugar From Mexico, 80 FR 70833 (November 16, 2015) (Final ITC Determination). Rescission of Administrative Reviews 1 See Sugar from Mexico: Initiation of 8 The members of the American Sugar Coalition Antidumping Duty Investigation, 79 FR 22795 are: American Sugar Cane League, American The Department has indicated its (April 24, 2014). Sugarbeet Growers Association, American Sugar intent to terminate the AD Agreement, 2 See Sugar from Mexico: Preliminary Refining, Inc., Florida Sugar Cane League, Rio Determination of Sales at Less Than Fair Value and Grande Valley Sugar Growers, Inc., Sugar Cane 13 See Initiation of Antidumping and Postponement of Final Determination, 79 FR 65189 Growers Cooperative of Florida, and the United Countervailing Duty Administrative Reviews, 82 FR (November 3, 2014). States Beet Sugar Association. 10457 (February 13, 2017) (2015–2016 3 See Agreement Suspending the Antidumping 9 See Initiation of Antidumping and Administrative Review). Duty Investigation on Sugar from Mexico, 79 FR Countervailing Duty Administrative Reviews, 81 FR 14 See Letter from Ronald Lorentzen to Juan 78039 (December 29, 2014) (AD Agreement). 6832 (February 9, 2016) (2014–2015 Administrative Cortina Gallardo et al., ‘‘Agreement Suspending the 4 See Sugar from Mexico; Determinations, 80 FR Review). Antidumping Duty Investigation on Sugar from 16426 (March 27, 2015). 10 See section 751(a)(1)(C) of the Act. Mexico’’ (May 1, 2017) (May 1, 2017 notice). 5 See Sugar From Mexico: Continuation of 11 See section V of the AD Agreement. 15 See Letter from Ronald Lorentzen to Juan Antidumping and Countervailing Duty 12 See Antidumping Duty Suspension Agreement Cortina Gallardo et al., ‘‘Agreement Suspending the Investigations, 80 FR 25278 (May 4, 2015); Sugar on Sugar From Mexico; Administrative Review, 81 Antidumping Duty Investigation on Sugar from From Mexico: Final Determination of Sales at Less FR 87541 (December 5, 2016) (Preliminary Results). Mexico’’ (June 5, 2017) (June 5, 2017 notice).

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unless an amended agreement can be Service (CAS) Number of sucrose is 57–50– Limited (Ambica), and Bhansali Bright reached.16 Accordingly, the questions of 1. Bars Pvt. Ltd. (Bhansali). We determine the status of, and compliance, with the Sugar described in the previous paragraph that Bhansali had no shipments of includes products of all polarimeter readings AD Agreement, whether suspension of described in various forms, such as raw subject merchandise during the POR the AD Agreement is in the ‘‘public sugar, estandar or standard sugar, high and that Ambica did have an entry of interest,’’ including the availability of polarity or semi-refined sugar, special white subject merchandise during the POR. supplies of sugar in the U.S. market, and sugar, refined sugar, brown sugar, edible DATES: Effective June 12, 2017. whether ‘‘effective monitoring’’ is molasses, desugaring molasses, organic raw FOR FURTHER INFORMATION CONTACT: practicable have been rendered moot sugar, and organic refined sugar. Other sugar Joseph Shuler, AD/CVD Operations, products, such as powdered sugar, colored because either the AD Agreement will Office I, Enforcement and Compliance, be amended and suspension of the sugar, flavored sugar, and liquids and syrups that contain 95 percent or more sugar by dry International Trade Administration, investigation will be continued with the weight are also within the scope of the order. U.S. Department of Commerce, 1401 Department’s issuance of a final The scope of the order does not include (1) Constitution Avenue NW., Washington, amendment to the AD Agreement, or the sugar imported under the Refined Sugar Re- DC 20230; telephone (202) 482–1293. AD Agreement will be terminated, Export Programs of the U.S. Department of SUPPLEMENTARY INFORMATION: according to the Department’s May 1, Agriculture; 18 (2) sugar products produced 2017, notice of intent to terminate, as in Mexico that contain 95 percent or more Background sugar by dry weight that originated outside modified by its June 5, 2017 letter.17 Following the Preliminary Results,1 Therefore, the Department is rescinding of Mexico; (3) inedible molasses (other than inedible desugaring molasses noted above); we received a timely filed case brief the 2014–2015 and 2015–2016 (4) beverages; (5) candy; (6) certain specialty from Carpenter Technology Corporation, administrative reviews of the AD sugars; and (7) processed food products that Crucible Industries LLC, Electralloy, a Agreement. contain sugar (e.g., cereals). Specialty sugars Division of G.O. Carlson, Inc., North Notification to Interested Parties excluded from the scope of the order are American Stainless, Universal Stainless limited to the following: caramelized slab & Alloy Products, Inc., and Valbruna This notice serves as the only sugar candy, pearl sugar, rock candy, dragees Slater Stainless, Inc. (the petitioners) reminder to parties subject to for cooking and baking, fondant, golden syrup, and sugar decorations. and a timely filed rebuttal brief from administrative protective order (APO) of Ambica.2 their responsibility concerning the Merchandise covered by the AD Agreement is typically imported under the following Scope of the Order disposition of proprietary information headings of the HTSUS: 1701.12.1000, disclosed under APO in accordance 1701.12.5000, 1701.13.1000, 1701.13.5000, The merchandise subject to the order with 19 CFR 351.305(a)(3). Timely 1701.14.1000, 1701.14.5000, 1701.91.1000, is SSB. SSB subject to the order is written notification of return/ 1701.91.3000, 1701.99.1010, 1701.99.1025, currently classifiable under subheadings destruction of APO materials or 1701.99.1050, 1701.99.5010, 1701.99.5025, 7222.10.00, 7222.11.00, 7222.19.00, conversion to judicial protective order is 1701.99.5050, and 1702.90.4000. The tariff 7222.20.00, 7222.30.00 of the hereby requested. Failure to comply classification is provided for convenience Harmonized Tariff Schedule (HTS). with the regulations and the terms of an and customs purposes; however, the written description of the scope of the order is Although the HTS subheadings are APO is a sanctionable violation. dispositive. provided for convenience and customs We are issuing and publishing this purposes, our written description of the [FR Doc. 2017–12115 Filed 6–9–17; 8:45 am] notice in accordance with sections scope of the Order is dispositive. A full 734(f), 751(a)(1) and 777(i)(1) of the Act. BILLING CODE 3510–DS–P description of the scope of the order is Dated: June 6, 2017. contained in the Issues and Decision 3 Ronald K. Lorentzen, DEPARTMENT OF COMMERCE Memorandum. Acting Assistant Secretary for Enforcement Analysis of Comments International Trade Administration and Compliance. All issues raised in the case and Appendix I: Scope of the AD Agreement [A–533–810] rebuttal briefs by parties in this review are addressed in the Issues and Decision The product covered by the AD Agreement Stainless Steel Bar From India: Final Memorandum, which is hereby adopted is raw and refined sugar of all polarimeter Results of Antidumping Duty by this notice. A list of the issues raised readings derived from sugar cane or sugar Administrative Review; 2015–2016 beets. The chemical sucrose gives sugar its is attached to this notice as Appendix I. essential character. Sucrose is a nonreducing AGENCY: Enforcement and Compliance, The Issues and Decision Memorandum disaccharide composed of glucose and International Trade Administration, fructose linked by a glycosidic bond via their Department of Commerce. 1 See Stainless Steel Bar from India: Preliminary anomeric carbons. The molecular formula for Results, of Antidumping Duty Administrative SUMMARY: On March 1, 2017, the sucrose is C12H22O11; the International Union Review; 2015–2016, 82 FR 12190 (March 1, 2017) of Pure and Applied Chemistry (IUPAC) Department of Commerce (the (Preliminary Results). International Chemical Identifier (InChl) for Department) published the preliminary 2 See Letter from the petitioners to the sucrose is 1S/C12H22O11/c13-1-4- results of the administrative review of Department, ‘‘Stainless Steel Bar from India— 6(16)8(18)9(19)11(21-4)23-12(3- the antidumping duty order on stainless Petitioners’ Case Brief,’’ (Petitioners’ CB) dated March 31, 2017; see also, Letter from Ambica to the 15)10(20)7(17)5(2-14)22-12/h4-11,13-20H,1- steel bar (SSB) from India. The period Department, ‘‘Stainless Steel Bar from India: 3H2/t4-,5-,6-,7-,8+,9-,10+,11-,12+/m1/s1; the of review (POR) is February 1, 2015, Rebuttal Brief,’’ dated April 7, 2017 (Ambica’s RB). InChl Key for sucrose is through January 31, 2016. This review 3 See the Memorandum from Gary Taverman, CZMRCDWAGMRECN–UGDNZRGBSA–N; covers two producers or exporters of the Associate Deputy Assistant Secretary for the U.S. National Institutes of Health subject merchandise: Ambica Steels Antidumping and Countervailing Duty Operations, PubChem Compound Identifier (CID) for to Ronald K. Lorentzen, Acting Assistant Secretary sucrose is 5988; and the Chemical Abstracts for Enforcement and Compliance, ‘‘Issues and 18 This exclusion applies to sugar imported under Decision Memorandum for the Final Results of the the Refined Sugar Re-Export Program, the Sugar- Antidumping Duty Administrative Review of 16 See May 1, 2017 letter, as modified by the June Containing Products Re-Export Program, and the Stainless Steel Bar from India; 2015–2016,’’ dated 5, 2017 letter. Polyhydric Alcohol Program administered by the concurrently with, and hereby adopted by this 17 Id. U.S. Department of Agriculture. notice (Issues and Decision Memorandum).

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is a public document and is on file Assessment of Antidumping Duties that reimbursement of antidumping electronically via Enforcement and For the single suspended entry duties occurred and the subsequent Compliance’s Antidumping and attributable to Ambica, we will instruct assessment of doubled antidumping Countervailing Duty Centralized CBP to liquidate this entry at the duties. Electronic Service System (ACCESS). importer-specific assessment rate This notice also serves as a reminder ACCESS is available to registered users calculated in the 2014–15 to parties subject to administrative at https://access.trade.gov and to all administrative review. protective order (APO) of their parties in the Central Records Unit, In accordance with the Department’s responsibility concerning the room B–8024 of the main Department of practice, for entries of subject disposition of proprietary information Commerce building. In addition, a merchandise during the POR for which disclosed under APO in accordance complete version of the Issues and Ambica or Bhansali did not know that with 19 CFR 351.305(a)(3). Timely Decision Memorandum can be accessed the merchandise was destined for the written notification of the return or directly at http://enforcement.trade.gov/ United States, we will instruct CBP to destruction of APO materials, or frn/index.html. liquidate such entries at the all-others conversion to judicial protective order, Final Determination of No Shipments rate if there is no rate for the is hereby requested. Failure to comply (Bhansali) intermediate company(ies) involved in with the regulations and the terms of an the transaction. APO is a violation subject to sanction. As stated in the Preliminary Results, These final results of administrative we received a timely claim from Cash Deposit Requirements review are issued and published in Bhansali reporting that it had no The following cash deposit accordance with sections 751(a)(1) and shipments of the subject merchandise to requirements will be effective for all 777(i)(1) of the Act. the United States during the POR and shipments of the subject merchandise Dated: June 6, 2017. preliminarily determined that it had no entered, or withdrawn from warehouse, shipments during the POR. For the final for consumption on or after the Ronald K. Lorentzen, results, we continue to find that publication date of the final results of Acting Assistant Secretary for Enforcement Bhansali had no shipments of subject this administrative review, as provided and Compliance. merchandise to the United States during by section 751(a)(2)(C) of the Tariff Act Appendix I the POR. of 1930: (1) The cash deposit rate for List of Topics Discussed in the Issues and Final Results of Review (Ambica) Ambica and Bhansali will remain Decision Memorandum unchanged from the rate assigned to As stated in the Preliminary Results, each company in the completed I. Summary the Department preliminarily found that II. Background segment for the most recent period for Ambica had one suspended entry of III. Changes Since the Preliminary Results each company; (2) for other producers subject merchandise during this POR for IV. Scope of the Order and exporters covered in a prior which it had knowledge of its sale to an V. Discussion of the Issues segment of the proceeding, the cash unaffiliated U.S. customer. For the final Comment: Whether the Department’s deposit rate will continue to be the Liquidation Instructions Address All results, the Department finds that company-specific rate published for the Applicable Entries Ambica had one suspended entry of VI. Recommendation subject merchandise during the POR. completed segment for the most recent However, as stated in the Preliminary period of this proceeding in which that [FR Doc. 2017–12107 Filed 6–9–17; 8:45 am] Results, the Department inadvertently producer or exporter participated; (3) if BILLING CODE 3510–DS–P included the sales associated with this the exporter is not a firm covered in this review, a prior review, or the original 2015–16 entry of subject merchandise in DEPARTMENT OF COMMERCE its analysis for the 2014–15 investigation, but the producer is, then administrative review. Therefore, we the cash deposit rate will be the rate established for the completed segment National Oceanic and Atmospheric have determined to apply the importer- Administration specific assessment rate calculated for for the most recent period of this proceeding for the producer of subject Ambica in the 2014–15 review to this RIN 0648–XF469 suspended entry in the instant review. merchandise; and (4) the cash deposit For all other entries of subject rate for all other producers or exporters Fisheries of the Gulf of Mexico and merchandise attributed to Ambica will continue to be 12.45 percent, the Atlantic; Southeast Data, Assessment, during the instant POR, Ambica has all-others rate established in the and Review (SEDAR); Public Meeting reasonably explained that it had no investigation.5 These cash deposit knowledge of these entries into the requirements, when imposed, shall AGENCY: National Marine Fisheries United States or the sales associated remain in effect until further notice. Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), with these entries. Accordingly, these Notifications entries will be liquidated at the all- Commerce. This notice serves as a final reminder others rate. For additional information ACTION: Notice of SEDAR 54 assessment and analysis, see the Issues and to importers of their responsibility webinar II for Highly Migratory Species Decision Memorandum; see also the under 19 CFR 351.402(f)(2) to file a (HMS) Sandbar Shark. Preliminary Analysis Memorandum.4 certificate regarding the reimbursement of antidumping duties prior to SUMMARY: The SEDAR 54 assessment of 4 Because of the proprietary nature of the entry liquidation of the relevant entries the HMS Sandbar will consist of a series documents, see the Memorandum from Joseph during this review period. Failure to of assessment webinars. See Shuler, International Trade Analyst to Alex comply with this requirement could SUPPLEMENTARY INFORMATION. Villanueva, Director, Antidumping and result in the Department’s presumption Countervailing Duty Operations Training and DATES: The SEDAR 54 assessment Professional Development Unit, ‘‘Stainless Steel Bar webinar II will be held from 1 p.m. to 5 from India: Preliminary Analysis Memorandum,’’ See Notice of Final Determination of Sales at 3 p.m. on June 22, 2017. dated February 22, 2017 (Preliminary Analysis Less Than Fair Value: Stainless Steel Bar from Memorandum). India, 59 FR 66915, 66921 (December 28, 1994). ADDRESSES:

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Meeting address: The meeting will be 1. Using datasets and initial assessment commercial fishing vessels in held via webinar. The webinar is open analysis recommended from the Data collaboration with the Massachusetts to members of the public. Those Webinar, panelists will employ assessment Division of Marine Fisheries to research interested in participating should models to evaluate stock status, estimate the use of raised-footrope trawl gear to population benchmarks and management contact Dr. Julie A. Neer at SEDAR (see criteria, and project future conditions. target whiting (Northern silver hake) FOR FURTHER INFORMATION CONTACT) to 2. Participants will recommend the most within an area of the Gulf of Maine request an invitation providing webinar appropriate methods and configurations for whiting exempted fishery for two weeks access information. Please request determining stock status and estimating before the start of the current open webinar invitations at least 24 hours in population parameters. season. Regulations under the Magnuson- advance of each webinar. Although non-emergency issues not Stevens Fishery Conservation and SEDAR address: 4055 Faber Place contained in this agenda may come Management Act require publication of Drive, Suite 201, North Charleston, SC before this group for discussion, those this notification to provide interested 29405. issues may not be the subject of formal parties the opportunity to comment on action during this meeting. Action will FOR FURTHER INFORMATION CONTACT: Dr. applications for a proposed exempted be restricted to those issues specifically Julie A. Neer, SEDAR Coordinator; fishing permit. telephone: (843) 571–4366; email: identified in this notice and any issues DATES: Comments must be received on [email protected] arising after publication of this notice that require emergency action under or before June 27, 2017. SUPPLEMENTARY INFORMATION: The Gulf section 305(c) of the Magnuson-Stevens ADDRESSES: You may submit written of Mexico, South Atlantic, and Fishery Conservation and Management comments by any of the following Caribbean Fishery Management Act, provided the public has been methods: • Councils, in conjunction with NOAA notified of the intent to take final action Email: [email protected]. Fisheries and the Atlantic and Gulf to address the emergency. Include in the subject line ‘‘Comments States Marine Fisheries Commissions on 2017 MADMF Whiting Exempted have implemented the Southeast Data, Special Accommodations Fishery Study EFP.’’ • Assessment and Review (SEDAR) The meeting is physically accessible Mail: John K. Bullard, Regional process, a multi-step method for to people with disabilities. Requests for Administrator, NMFS, Greater Atlantic determining the status of fish stocks in sign language interpretation or other Regional Office, 55 Great Republic the Southeast Region. SEDAR is a multi- auxiliary aids should be directed to the Drive, Gloucester, MA 01930. Mark the step process including: (1) Data Council office (see ADDRESSES) at least 5 outside of the envelope ‘‘2017 MADMF Workshop; (2) Assessment Process business days prior to each workshop. Whiting Exempted Fishery Study EFP.’’ utilizing webinars; and (3) Review FOR FURTHER INFORMATION CONTACT: Reid Workshop. The product of the Data Note: The times and sequence specified in this agenda are subject to change. Lichwell, Fishery Management Workshop is a data report that compiles Specialist, (978) 282–9112. and evaluates potential datasets and Authority: 16 U.S.C. 1801 et seq. SUPPLEMENTARY INFORMATION: The recommends which datasets are Dated: June 7, 2017. Massachusetts Division of Marine appropriate for assessment analyses. Tracey L. Thompson, Fisheries (MADMF) submitted an The product of the Assessment Process application for an Exempted Fishing is a stock assessment report that Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. Permit (EFP) to assess the use of small- describes the fisheries, evaluates the mesh raised-footrope trawl gear in a [FR Doc. 2017–12072 Filed 6–9–17; 8:45 am] status of the stock, estimates biological Gulf of Maine (GOM) exempted fishing benchmarks, projects future population BILLING CODE 3510–22–P area two weeks before the area opens for conditions, and recommends research whiting fishing. Research would occur and monitoring needs. The assessment DEPARTMENT OF COMMERCE within a subarea of Small Mesh Area 1 is independently peer reviewed at the (SMA1). This EFP would allow up to Review Workshop. The product of the National Oceanic and Atmospheric eight participating commercial fishing Review Workshop is a Summary Administration vessels exemptions from the minimum documenting panel opinions regarding mesh size gear requirements found at 50 the strengths and weaknesses of the RIN 0648–XF438 CFR 648.80(a)(3); and from the stock assessment and input data. possession limits and minimum size Participants for SEDAR Workshops are Magnuson-Stevens Act Provisions; General Provisions for Domestic requirements specified in 50 CFR part appointed by the Gulf of Mexico, South 648, subparts B and D through O. Atlantic, and Caribbean Fishery Fisheries; Application for Exempted Fishing Permits MADMF asserts that the GOM whiting Management Councils and NOAA exempted fishery is underutilized and Fisheries Southeast Regional Office, AGENCY: National Marine Fisheries analysis of observer data have indicated HMS Management Division, and Service (NMFS), National Oceanic and that whiting stocks may be more Southeast Fisheries Science Center. Atmospheric Administration (NOAA), prevalent and more effectively targeted Participants include data collectors and Commerce. within the exemption areas before the database managers; stock assessment ACTION: Notice; request for comments. current July 15 opening for SMA1. This scientists, biologists, and researchers; study would provide data on catch rates constituency representatives including SUMMARY: The NMFS Assistant Regional of whiting and bycatch of regulated fishermen, environmentalists, and Administrator for Sustainable Fisheries, Northeast (NE) multispecies to evaluate NGO’s; International experts; and staff Greater Atlantic Region, has made a if an earlier opening of the GOM of Councils, Commissions, and state and preliminary determination that an whiting exempted fishery in SMA1 is federal agencies. exempted fishing permit application warranted. This is the second year of The items of discussion in the contains all of the required information study to test raised-footrope trawl gear Assessment Process webinars are as and warrants further consideration. This targeting whiting before the start of the follows: exempted fishing permit would allow SMA1 whiting exempted fishery.

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This EFP would allow eight vessels to applicable small-mesh exempted gear species. The purse seine bridge logbook fish within the western portion of SMA1 requirements. provided by the IATTC is used by all during July 1–14. Participating vessels If approved, the applicant may United States purse seine vessel owners would each be limited to six fishing request minor modifications and and operators. In addition, vessel days. The length of each trip would be extensions to the EFP throughout the owners and operators of large purse at the discretion of the vessel operators, year. EFP modifications and extensions seine vessels (i.e., with at least 363 consistent with normal commercial may be granted without further notice if metric tons of fish hold volume) that fishing practices. Each vessel would they are deemed essential to facilitate fish with FADs in the Eastern Pacific conduct 3 to 4 tows per day, with each completion of the proposed research Ocean (EPO) are required to collect data tow lasting approximately 90 minutes. and have minimal impact that does not specific on fish aggregating devices These vessels would operate under change the scope of the initially (FADs) to meet international obligations the normal restrictions for operating in approved EFP request. Any fishing under IATTC Resolution C–16–01. the whiting exemption areas during activity conducted outside the scope of Owners and operators of a FAD would their open seasons. For instance, the exempted fishing activity would be be required to record data for each participating vessels would use a raised- prohibited. interaction with a FAD through a FAD footrope trawl with diamond mesh nets Authority: 16 U.S.C. 1801 et seq. form provided by the IATTC or through that have either a codend mesh size of a FAD form provided by NMFS that Dated: June 7, 2017. greater than 2.5 inches but less than 3 combines the bridge logbook with the inches, or a codend mesh size of 3 Margo B. Schulze-Haugen, FAD Form. Data collected from FADs inches or greater, consistent with Acting Deputy Director, Office of Sustainable will allow IATTC scientific staff to § 648.80(a)(9)(ii). Per trip possession Fisheries, National Marine Fisheries Service. distinguish a particular FAD when limits that would be allowed for silver, [FR Doc. 2017–12103 Filed 6–9–17; 8:45 am] analyzing data and can track the northern red, and offshore hake are BILLING CODE 3510–22–P activities on a FAD through time. consistent with those outlined in Affected Public: Business or other for- § 648.86(d). Additional species profit organizations. permitted for retention and sale would DEPARTMENT OF COMMERCE Frequency: Daily when on fishing include butterfish, spiny dogfish, trip. National Oceanic and Atmospheric Respondent’s Obligation: Mandatory. Atlantic herring, Atlantic mackerel, Administration scup, and squid. Regulated Northeast This information collection request may be viewed at reginfo.gov. Follow multispecies (cod, haddock, etc.) cannot Submission for OMB Review; the instructions to view Department of be retained by the participating vessels Comment Request either under this EFP or during the Commerce collections currently under normal small-mesh exempted fisheries. The Department of Commerce will review by OMB. Participating vessels would be exempt submit to the Office of Management and Written comments and from the possession limits and Budget (OMB) for clearance the recommendations for the proposed minimum size requirements for following proposal for collection of information collection should be sent information under the provisions of the within 30 days of publication of this sampling purposes only, in order to _ facilitate collecting weight and length Paperwork Reduction Act (44 U.S.C. notice to OIRA Submission@ measurements of catch. All catch not Chapter 35). omb.eop.gov or fax to (202) 395–5806. retained for sale would be returned to Agency: National Oceanic and Dated: June 7, 2017. the sea as soon as possible after Atmospheric Administration (NOAA). Sarah Brabson, Title: West Coast Region Pacific Tuna biological sampling is conducted. NOAA PRA Clearance Officer. Fisheries Logbook and Fish Aggregating MADMF has analyzed catch data Device Form. [FR Doc. 2017–12065 Filed 6–9–17; 8:45 am] collected during last year’s sampling OMB Control Number: 0648–0148. BILLING CODE 3510–22–P trips, which utilized the same gear, time Form Number(s): None. period (July 1–14), geographic area, and Type of Request: Regular (extension of methods that are proposed for this a currently approved information DEPARTMENT OF COMMERCE year’s study. Last year’s sampling was collection). conducted by five vessels within SMA1, Number of Respondents: 21. National Oceanic and Atmospheric totaling 29 trip (82 tows). Data collected Average Hours per Response: 5 Administration from these trips shows approximately minutes to complete bridge log; 10 Proposed Information Collection; 10 percent bycatch of regulated minutes to complete FAD data groundfish species in SMA1. The Comment Request; Emergency collection requirements. Beacon Registrations majority of this catch was haddock. It is Burden Hours: 746. anticipated that the catch for the Needs and Uses: This request is for an AGENCY: National Oceanic and proposed 2017 study would have extension of a current information Atmospheric Administration (NOAA), similar bycatch and catch composition collection. Commerce. as last year’s study. United States’ (U.S.) participation in ACTION: Notice. All trips will be accompanied by the Inter-American Tropical Tuna either MADMF trained staff or Commission (IATTC) results in certain SUMMARY: The Department of contracted observers to collect data on record keeping requirements for U.S. Commerce, as part of its continuing catch composition, length and weight vessel owners and operators who fish in effort to reduce paperwork and measurements, and operational data the IATTC’s area of management respondent burden, invites the general (location, weather, time, duration of responsibility. Vessel owners and public and other Federal agencies to tow, trawl speed, etc.). All gear will be operators must maintain a log of all take this opportunity to comment on inspected and measured prior to its use operations conducted from the fishing proposed and/or continuing information to verify that it meets the mesh sizes vessel, entering the date, noon position, collections, as required by the requirements consistent with existing and the tonnage of fish aboard by Paperwork Reduction Act of 1995.

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DATES: Written comments must be agency’s estimate of the burden Requirements for PC-based attendees: submitted on or before August 11, 2017. (including hours and cost) of the Required: Windows® 7, Vista, or XP; for ® ADDRESSES: Direct all written comments proposed collection of information; (c) Mac -based attendees: Required: Mac ® to Jennifer Jessup, Departmental ways to enhance the quality, utility, and OS X 10.5 or newer; and for mobile ® ® Paperwork Clearance Officer, clarity of the information to be attendees: iPhone , iPad , AndroidTM Department of Commerce, Room 6616, collected; and (d) ways to minimize the phone or Android tablet (See the 14th and Constitution Avenue NW., burden of the collection of information GoToMeeting Webinar Apps). Washington, DC 20230 (or via the on respondents, including through the You may send an email to Internet at [email protected]). use of automated collection techniques [email protected] or contact FOR FURTHER INFORMATION CONTACT: or other forms of information him at (503) 820–2280, extension 411 Requests for additional information or technology. for technical assistance. A public Comments submitted in response to copies of the information collection listening station will also be provided at this notice will be summarized and/or instrument and instructions should be the Pacific Council office. included in the request for OMB directed to Joy Hargraves, (301) 817– Council address: Pacific Council, approval of this information collection; 4001 or [email protected]. 7700 NE Ambassador Place, Suite 101, they also will become a matter of public Portland, OR 97220–1384. SUPPLEMENTARY INFORMATION: record. FOR FURTHER INFORMATION CONTACT: Ms. I. Abstract Dated: June 7, 2017. Robin Ehlke, Pacific Council; telephone: This request is for an extension of a Sarah Brabson, (503) 820–2410. currently approved information NOAA PRA Clearance Officer. SUPPLEMENTARY INFORMATION: In April collection. [FR Doc. 2017–12066 Filed 6–9–17; 8:45 am] 2017, the Pacific Council heard a An international system exists to use BILLING CODE 3510–HR–P request to move the commercial salmon satellites to detect and locate ships, troll fishery boundary at Horse aircraft, and individuals in distress if Mountain (40°05′00″ N Latitude) they are equipped with an emergency DEPARTMENT OF COMMERCE northward five miles (40°10’00’’ N radio beacon. Persons purchasing a Latitude.) The STT was asked by the digital distress beacon, operating in the National Oceanic and Atmospheric Pacific Council to investigate any frequency range of 406.000 to 406.100 Administration technical issues that may arise from MHz, must register it with NOAA. RIN 0648–XF481 such a move. Since that time, Oregon These requirements are contained in Department of Fish and Wildlife has Federal Communications Commission Pacific Fishery Management Council; asked the Pacific Council to review its (FCC) regulations at 47 CFR 80.1061, 47 Public Meeting plan to adjust the commercial salmon CFR 87.199 and 47 CFR 95.1402. The troll fishery boundary between the north AGENCY: data provided by registration can assist National Marine Fisheries Oregon and central Oregon management in identifying who is in distress and in Service (NMFS), National Oceanic and zones. It is anticipated the STT will suppression of false alarms. Atmospheric Administration (NOAA), develop a work plan and timeline Commerce. needed to conduct the analysis and II. Method of Collection ACTION: Notice of public meeting produce a report for Pacific Council Paper and online registration is (webinar). review. If time and interest allows, the available. team may also discuss additional topics, SUMMARY: The Pacific Fishery including but not limited to developing III. Data Management Council’s (Pacific Council) a Council Operating Procedure to help OMB Control Number: 0648–0295. Salmon Technical Team (STT) will hold guide future requests for a boundary- Form Number: None. a webinar, which is open to the public, change. Public comments during the Type of Review: Regular submission to develop a plan and timeline to review webinar will be received from attendees (extension of a currently approved inquiries to change the commercial at the discretion of the STT Chair. collection). salmon troll fishery boundary in two Although non-emergency issues not Affected Public: Individuals or different areas. contained in the meeting agenda may be households; business or other for-profit DATES: The webinar will be held on discussed, those issues may not be the organizations; not-for-profit institutions; Wednesday, June 28, 2017, from 9 a.m. subject of formal action during this State, local, or tribal government. until noon, or until business for the day meeting. Action will be restricted to Estimated Number of Respondents: is complete. those issues specifically listed in this 234,386. ADDRESSES: To attend the webinar, visit: document and any issues arising after Estimated Time per Response: 15 https://global.gotomeeting.com/join/ publication of this document that minutes. 837202733. Enter the Webinar ID, which require emergency action under section Estimated Total Annual Burden is 837–202–733, and your name and 305(c) of the Magnuson-Stevens Fishery Hours: 58,597. email address (required). After logging Conservation and Management Act, Estimated Total Annual Cost to in to the webinar, please: dial this TOLL provided the public has been notified of Public: $28,712 in recordkeeping/ number +1 (872) 240–3212 (not a toll- the intent to take final action to address reporting costs. free number), enter the attendee phone the emergency. audio access code 837–202–733, and IV. Request for Comments then enter your audio phone pin (shown Special Accommodations Comments are invited on: (a) Whether after joining the webinar). Participants The meeting is physically accessible the proposed collection of information are encouraged to use their telephone, to people with disabilities. Requests for is necessary for the proper performance as this is the best practice to avoid sign language interpretation or other of the functions of the agency, including technical issues and excessive feedback. auxiliary aids should be directed to Mr. whether the information shall have (See the PFMC GoToMeeting Audio Kris Kleinschmidt at (503) 820–2411 at practical utility; (b) the accuracy of the Diagram for best practices). System least 10 days prior to the meeting date.

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Dated: June 7, 2017. interventions in lieu of paper using the Description: Notice of Change in Tracey L. Thompson, eFiling link at http://www.ferc.gov. Status of the Duquesne MBR Sellers. Acting Deputy Director, Office of Sustainable Persons unable to file electronically Filed Date: 6/5/17. Fisheries, National Marine Fisheries Service. should submit an original and 5 copies Accession Number: 20170605–5235. [FR Doc. 2017–12073 Filed 6–9–17; 8:45 am] of the protest or intervention to the Comments Due: 5 p.m. ET 6/26/17. BILLING CODE 3510–22–P Federal Energy Regulatory Commission, Docket Numbers: ER10–2984–036. 888 First Street NE., Washington, DC Applicants: Merrill Lynch 20426. This filing is accessible on-line at Commodities, Inc. DEPARTMENT OF ENERGY http://www.ferc.gov, using the eLibrary Description: Notice of Non-Material link and is available for electronic Change in Status of Merrill Lynch Federal Energy Regulatory Commodities, Inc. Commission review in the Commission’s Public Reference Room in Washington, DC. Filed Date: 6/6/17. [Docket No. EL17–76–000] There is an eSubscription link on the Accession Number: 20170606–5103. Web site that enables subscribers to Comments Due: 5 p.m. ET 6/27/17. Notice of Complaint: East Texas receive email notification when a Docket Numbers: ER17–1759–000. Electric Cooperative, Inc. v. Public document is added to a subscribed Applicants: Southwest Power Pool, Service Company of Oklahoma, docket(s). For assistance with any FERC Inc. Southwestern Electric Power Online service, please email Company, AEP Oklahoma Description: § 205(d) Rate Filing: [email protected], or call Southwestern Power Administration Transmission Company, AEP (866) 208–3676 (toll free). For TTY, call Southwestern Transmission Company NITS Rate Change to be effective 1/1/ (202) 502–8659. 2017. Take notice that on June 5, 2017, Comment Date: 5:00 p.m. Eastern Filed Date: 6/5/17. pursuant to sections 206, 306, and 309 Time on June 26, 2017. Accession Number: 20170605–5220. of the Federal Power Act, 16 U.S.C. Dated: June 6, 2017. Comments Due: 5 p.m. ET 6/26/17. 824e, 825e, and 825h and Rules 206 and Kimberly D. Bose, Take notice that the Commission 212 of the Federal Energy Regulatory Secretary. received the following electric securities Commission’s (Commission) Rules of [FR Doc. 2017–12051 Filed 6–9–17; 8:45 am] filings: Practice and Procedure, 18 CFR 385.206 BILLING CODE 6717–01–P and 385.212 (2016), East Texas Electric Docket Numbers: ES17–33–000. Cooperative, Inc. (Complainant) filed a Applicants: Duquesne Light Company. formal complaint against Public Service DEPARTMENT OF ENERGY Company of Oklahoma, Southwestern Description: Application of Duquesne Electric Power Company, AEP Federal Energy Regulatory Light Company Pursuant to Section 204 Oklahoma Transmission Company and Commission of the Federal Power Act for an Order AEP Southwestern Transmission Authorizing the Issuance of Short-Term Company, (Respondents or AEP West Combined Notice of Filings #1 Debt. Filed Date: 6/5/17. Companies) alleging that, the 10.70 Take notice that the Commission percent base return on common equity received the following electric corporate Accession Number: 20170605–5237. currently included in the formula filings: Comments Due: 5 p.m. ET 6/26/17. transmission rates of the AEP West Docket Numbers: EC17–121–000. The filings are accessible in the Companies is unjust and unreasonable Applicants: Battery Utility of Ohio, Commission’s eLibrary system by and should be reduced, all as more fully LLC. clicking on the links or querying the explained in the complaint. Description: Errata to May 22, 2017 docket number. The Complainant states that ETEC Application of Battery Utility of Ohio, Any person desiring to intervene or certifies that copies of the complaint LLC. for Authorization Under Section protest in any of the above proceedings were served in accordance with Rule 203 of the Federal Power Act and must file in accordance with Rules 211 206(c). Request for Waivers, et al. and 214 of the Commission’s Any person desiring to intervene or to Filed Date: 6/6/17. Regulations (18 CFR 385.211 and protest this filing must file in Accession Number: 20170606–5101. 385.214) on or before 5:00 p.m. Eastern accordance with Rules 211 and 214 of Comments Due: 5 p.m. ET 6/12/17. time on the specified comment date. the Commission’s Rules of Practice and Docket Numbers: EC17–127–000. Protests may be considered, but Procedure (18 CFR 385.211, 385.214). Applicants: Michigan Electric intervention is necessary to become a Protests will be considered by the Transmission Company, LLC. party to the proceeding. Commission in determining the Description: Application Pursuant to eFiling is encouraged. More detailed appropriate action to be taken, but will Section 203 of the Federal Power Act to information relating to filing not serve to make protestants parties to Acquire Assets of Michigan Electric requirements, interventions, protests, the proceeding. Any person wishing to Transmission Company, LLC. service, and qualifying facilities filings become a party must file a notice of Filed Date: 6/5/17. can be found at: http://www.ferc.gov/ intervention or motion to intervene, as Accession Number: 20170605–5236. docs-filing/efiling/filing-req.pdf. For Comments Due: 5 p.m. ET 6/26/17. appropriate. The Respondent’s answer other information, call (866) 208–3676 and all interventions, or protests must Take notice that the Commission (toll free). For TTY, call (202) 502–8659. be filed on or before the comment date. received the following electric rate The Respondent’s answer, motions to filings: Dated: June 6, 2017. intervene, and protests must be served Docket Numbers: ER10–1910–015; Kimberly D. Bose, on the Complainants. ER10–1911–015. Secretary. The Commission encourages Applicants: Duquesne Light [FR Doc. 2017–12048 Filed 6–9–17; 8:45 am] electronic submission of protests and Company, Duquesne Power, LLC. BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY Filed Date: 6/5/17. eFiling is encouraged. More detailed Accession Number: 20170605–5063. information relating to filing Federal Energy Regulatory Comments Due: 5 p.m. ET 6/26/17. requirements, interventions, protests, Commission Docket Numbers: ER17–1755–000. service, and qualifying facilities filings Applicants: Albertsons Companies, can be found at: http://www.ferc.gov/ Combined Notice of Filings #1 LLC. docs-filing/efiling/filing-req.pdf. For Take notice that the Commission Description: Tariff Cancellation: other information, call (866) 208–3676 received the following electric corporate Cancellation to be effective 6/19/2017. (toll free). For TTY, call (202) 502–8659. filings: Filed Date: 6/5/17. Dated: June 5, 2017. Docket Numbers: EC17–117–000. Accession Number: 20170605–5065. Kimberly D. Bose, Applicants: Dynegy Zimmer, LLC, Comments Due: 5 p.m. ET 6/26/17. Secretary. Dynegy Miami Fort, LLC, The Dayton Docket Numbers: ER17–1756–000. [FR Doc. 2017–12049 Filed 6–9–17; 8:45 am] Power and Light Company, AES Ohio Applicants: Midcontinent BILLING CODE 6717–01–P Generation, LLC. Independent System Operator Inc., Description: Supplement to May 12, Ameren Illinois Company. 2017 Joint Application for Description: § 205(d) Rate Filing: DEPARTMENT OF ENERGY Authorization of Disposition of 2017–06–05_SA 2276 Ameren-Dynegy Jurisdictional Assets Under Section Amended DFSA to be effective 6/1/ Federal Energy Regulatory 203(a)(1) of the Federal Power Act of 2017. Commission Dynegy Buyers and AES Sellers. Filed Date: 6/5/17. [Docket No. EL17–75–000] Filed Date: 6/5/17. Accession Number: 20170605–5108. Accession Number: 20170605–5116. Comments Due: 5 p.m. ET 6/26/17. Advanced Energy Economy; Notice of Comments Due: 5 p.m. ET 6/26/17. Docket Numbers: ER17–1757–000. Petition for Declaratory Order Take notice that the Commission Applicants: Entergy New Orleans, received the following electric rate LLC. Take notice that on June 5, 2017, filings: Description: Baseline eTariff Filing: pursuant to Rule 207 of the Federal Docket Numbers: ER15–414–002. ENOL MBR Application to be effective Energy Regulatory Commission’s (FERC Applicants: ISO New England Inc., 12/31/9998. or Commission) Rules of Practice and Eversource Energy Service Company (as Filed Date: 6/5/17. Procedure, 18 CFR 385.207, Advanced ag, Emera Maine, Central Maine Power Accession Number: 20170605–5118. Energy Economy filed a petition for Company, New Hampshire Comments Due: 5 p.m. ET 6/26/17. declaratory order regarding the Transmission, LLC, New England Power Docket Numbers: ER17–1758–000. authority of Relevant Electric Retail Company, The United Illuminating Applicants: PJM Interconnection, Regulatory Authorities to bar, restrict, or Company, Unitil Energy Systems, Inc., L.L.C. otherwise condition the participation of Vermont Transco, LLC. Description: § 205(d) Rate Filing: ISA certain types of Energy Efficiency Description: Compliance filing: Filing No. 4723; Queue No. AA2–173/AB1– Resources in FERC-jurisdictional of New England Transmission Owners 112 to be effective 5/15/2017. wholesale electricity markets under a to Return Rates to the Status Quo Ante Filed Date: 6/5/17. FERC-approved tariff, all as more fully to be effective 6/6/2017. Accession Number: 20170605–5128. explained in the petition. Filed Date: 6/5/17. Comments Due: 5 p.m. ET 6/26/17. Any person desiring to intervene or to Accession Number: 20170605–5166. protest in this proceeding must file in Comments Due: 5 p.m. ET 6/26/17. Take notice that the Commission accordance with Rules 211 and 214 of received the following electric securities the Commission’s Rules of Practice and Docket Numbers: ER17–42–001; filings: ER17–43–001; ER17–962–001. Procedure (18 CFR 385.211 and Applicants: Portal Ridge Solar B, LLC, Docket Numbers: ES17–20–000. 385.214) on or before 5:00 p.m. Eastern Portal Ridge Solar C, LLC, MS Solar 2, Applicants: ITC Midwest LLC. time on the specified comment date. LLC. Description: Errata to April 27, 2017 Protests will be considered by the Description: Notice of Change in Application [Exhibits C, D, and E] of Commission in determining the Status of the DESRI MBR Sellers ER17– ITC Midwest LLC under Section 204 of appropriate action to be taken, but will 42, et al. the Federal Power Act and Part 34 of the not serve to make protestants parties to Filed Date: 6/2/17. Commission’s Regulations. the proceeding. Any person wishing to Accession Number: 20170602–5165. Filed Date: 5/26/17. become a party must file a notice of Comments Due: 5 p.m. ET 6/23/17. Accession Number: 20170526–5116. intervention or motion to intervene, as Docket Numbers: ER17–1663–002. Comments Due: 5 p.m. ET 6/9/17. appropriate. Such notices, motions, or Applicants: Elwood Energy LLC. The filings are accessible in the protests must be filed on or before the Description: Compliance filing: Commission’s eLibrary system by comment date. Anyone filing a motion Informational Filing Regarding clicking on the links or querying the to intervene or protest must serve a copy Compliance With PJM Schedule 2 to be docket number. of that document on the Petitioner. effective N/A. Any person desiring to intervene or The Commission encourages Filed Date: 6/2/17. protest in any of the above proceedings electronic submission of protests and Accession Number: 20170602–5124. must file in accordance with Rules 211 interventions in lieu of paper, using the Comments Due: 5 p.m. ET 6/23/17. and 214 of the Commission’s FERC Online links at http:// Docket Numbers: ER17–1754–000. Regulations (18 CFR 385.211 and www.ferc.gov. To facilitate electronic Applicants: Albertsons Companies, 385.214) on or before 5:00 p.m. Eastern service, persons with Internet access LLC. time on the specified comment date. who will eFile a document and/or be Description: Compliance filing: Refile Protests may be considered, but listed as a contact for an intervenor Market-Based Rate Tariff to be effective intervention is necessary to become a must create and validate an 6/19/2017. party to the proceeding. eRegistration account using the

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eRegistration link. Select the eFiling future issuances of securities and d. Applicant: Village of Lyndonville link to log on and submit the assumptions of liability, is June 26, Electric Department. intervention or protests. 2017. e. Name of Project: Great Falls Persons unable to file electronically The Commission encourages Hydroelectric Project. should submit an original and 5 copies electronic submission of protests and f. Location: On the Passumpsic River, of the intervention or protest to the interventions in lieu of paper, using the in the Town of Lyndonville, Caledonia Federal Energy Regulatory Commission, FERC Online links at http:// County Vermont. The project does not 888 First Street NE., Washington, DC www.ferc.gov. To facilitate electronic occupy lands of the United States. 20426. service, persons with Internet access g. Filed Pursuant to: Federal Power The filings in the above proceeding who will eFile a document and/or be Act 16 U.S.C. 791(a)–825(r). are accessible in the Commission’s listed as a contact for an intervenor h. Applicant Contact: Mr. Bill eLibrary system by clicking on the must create and validate an Humphrey, Village of Lyndonville appropriate link in the above list. They eRegistration account using the Electric Department, 119 Park Avenue, are also available for review in the eRegistration link. Select the eFiling Lyndonville, VT 05851; (802) 626–3366. Commission’s Public Reference Room in link to log on and submit the i. FERC Contact: Bill Connelly, (202) Washington, DC. There is an intervention or protests. 502–8587 or [email protected]. j. Cooperating agencies: Federal, state, eSubscription link on the Web site that Persons unable to file electronically local, and tribal agencies with enables subscribers to receive email should submit an original and 5 copies jurisdiction and/or special expertise notification when a document is added of the intervention or protest to the with respect to environmental issues to a subscribed docket(s). For assistance Federal Energy Regulatory Commission, that wish to cooperate in the with any FERC Online service, please 888 First Street NE., Washington, DC preparation of the environmental email [email protected] or 20426. document should follow the call (866) 208–3676 (toll free). For TTY, The filings in the above-referenced instructions for filing such requests call (202) 502–8659. proceeding are accessible in the described in item l below. Cooperating Comment Date: 5:00 p.m. Eastern time Commission’s eLibrary system by agencies should note the Commission’s on July 5, 2017. clicking on the appropriate link in the above list. They are also available for policy that agencies that cooperate in Dated: June 5, 2017. the preparation of the environmental Kimberly D. Bose, electronic review in the Commission’s Public Reference Room in Washington, document cannot also intervene. See, 94 Secretary. DC. There is an eSubscription link on FERC ¶ 61,076 (2001). k. Pursuant to section 4.32(b)(7) of 18 [FR Doc. 2017–12050 Filed 6–9–17; 8:45 am] the Web site that enables subscribers to CFR of the Commission’s regulations, if BILLING CODE 6717–01–P receive email notification when a any resource agency, Indian Tribe, or document is added to a subscribed person believes that an additional docket(s). For assistance with any FERC DEPARTMENT OF ENERGY scientific study should be conducted in Online service, please email order to form an adequate factual basis [email protected]. or call Federal Energy Regulatory for a complete analysis of the (866) 208–3676 (toll free). For TTY, call Commission application on its merit, the resource (202) 502–8659. [Docket No. ER17–1751–000] agency, Indian Tribe, or person must file Dated: June 6, 2017. a request for a study with the Veritas Energy Group, LLC; Kimberly D. Bose, Commission not later than 60 days from Supplemental Notice That Initial Secretary. the date of filing of the application, and Market-Based Rate Filing Includes [FR Doc. 2017–12052 Filed 6–9–17; 8:45 am] serve a copy of the request on the Request for Blanket Section 204 BILLING CODE 6717–01–P applicant. Authorization l. Deadline for filing additional study requests and requests for cooperating This is a supplemental notice in the DEPARTMENT OF ENERGY agency status: July 25, 2017. above-referenced proceeding of Veritas The Commission strongly encourages Energy Group, LLC‘s application for Federal Energy Regulatory electronic filing. Please file additional market-based rate authority, with an Commission study requests and requests for accompanying rate tariff, noting that cooperating agency status using the [Project No. 2839–015] such application includes a request for Commission’s eFiling system at http:// blanket authorization, under 18 CFR Notice of Application Tendered For www.ferc.gov/docs-filing/efiling.asp. For part 34, of future issuances of securities Filing With the Commission, Soliciting assistance, please contact FERC Online and assumptions of liability. Additional Study Requests, and Support at Any person desiring to intervene or to Establishing Procedural Schedule for [email protected], (866) protest should file with the Federal Relicensing and a Deadline for 208–3676 (toll free), or (202) 502–8659 Energy Regulatory Commission, 888 Submission of Final Amendments; (TTY). In lieu of electronic filing, please First Street NE., Washington, DC 20426, Village of Lyndonville Electric send a paper copy to: Secretary, Federal in accordance with Rules 211 and 214 Department Energy Regulatory Commission, 888 of the Commission’s Rules of Practice First Street NE., Washington, DC 20426. and Procedure (18 CFR 385.211 and Take notice that the following The first page of any filing should 385.214). Anyone filing a motion to hydroelectric application has been filed include docket number P–2839–015. intervene or protest must serve a copy with the Commission and is available m. The application is not ready for of that document on the Applicant. for public inspection. environmental analysis at this time. Notice is hereby given that the a. Type of Application: Subsequent n. The existing Great Falls deadline for filing protests with regard Minor License. Hydroelectric Project consists of: (1) A to the applicant’s request for blanket b. Project No.: 2839–015. 160-foot-long, 32-foot-high curved, authorization, under 18 CFR part 34, of c. Date filed: May 26, 2017. concrete dam with 2-foot-high

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flashboards; (2) an approximately 12- Request Additional Information— license, the licensee may continue to acre impoundment having a storage August 2017 operate the project in accordance with capacity of 135-acre-feet at a normal Issue Acceptance Letter—November the terms and conditions of the license maximum elevation of 668.38 feet above 2017 after the minor or minor part license mean sea level; (3) an 18.5-foot-wide Issue Scoping Document 1 for expires, until the Commission acts on headworks structure with two Comments—December 2017 its application. If the licensee of such a headgates; (4) a 290-foot-long partially Request Additional Information (if project has not filed an application for covered, power canal; (5) a gatehouse necessary)—February 2018 a subsequent license, then it may be with two 15-foot-wide trashracks with Issue Scoping Document 2—March 2018 required, pursuant to 18 CFR 16.21(b), 1.5-inch clear spacing; (6) a 200-foot- Issue notice of ready for environmental to continue project operations until the long, 6- to 10-foot-diameter metal analysis—March 2018 Commission issues someone else a penstock that bifurcates before entering Commission issues EA or draft EA— license for the project or otherwise two powerhouses; (7) a 47-foot-long, 25- September 2018 orders disposition of the project. foot-wide powerhouse containing a Comments on EA or draft EA—October If the project is subject to section 15 1,350 kilowatt (kW) horizontal turbine- 2018 of the FPA, notice is hereby given that generator unit and a 40-foot-long, 40- Commission issues final EA—December an annual license for Project No. 9100 foot-wide powerhouse containing two 2018 is issued to the licensee for a period 350 kW horizontal turbine-generator Final amendments to the application effective June 1, 2017 through May 31, units for a total capacity of 2,050 kW; must be filed with the Commission no 2018 or until the issuance of a new (8) a 350-foot-long, 2.4-kilovolt (kV) later than 30 days from the issuance license for the project or other above-ground generator lead that date of the notice of ready for disposition under the FPA, whichever connects the turbine-generator units to a environmental analysis. comes first. If issuance of a new license step-up transformer; (9) a 1.75-mile- (or other disposition) does not take Dated: June 5, 2017. long, 12.5-kV above-ground place on or before May 31, 2018, notice transmission line; and (10) appurtenant Kimberly D. Bose, is hereby given that, pursuant to 18 CFR facilities. Secretary. 16.18(c), an annual license under The Village of Lyndonville Electric [FR Doc. 2017–12053 Filed 6–9–17; 8:45 am] section 15(a)(1) of the FPA is renewed Department operates the project in a BILLING CODE 6717–01–P automatically without further order or run-of-river mode with an annual notice by the Commission, unless the average generation of approximately Commission orders otherwise. 3,960 megawatt-hours. The Village of DEPARTMENT OF ENERGY If the project is not subject to section Lyndonville Electric Department is not 15 of the FPA, notice is hereby given Federal Energy Regulatory proposing any new project facilities or that the licensee, Riverdale Power & Commission changes in project operation. Electric Co., Inc., is authorized to o. A copy of the application is [Project No. 9100–000] continue operation of the Riverdale available for review at the Commission Mills Hydroelectric Project, until such in the Public Reference Room or may be Notice of Authorization for Continued time as the Commission acts on its viewed on the Commission’s Web site at Project Operation; Riverdale Power & application for a subsequent license. http://www.ferc.gov using the Electric Co., Inc. ‘‘eLibrary’’ link. Enter the docket Dated: June 6, 2017. number excluding the last three digits in On April 27, 2017 Riverdale Power & Kimberly D. Bose, the docket number field to access the Electric Co., Inc., licensee for the Secretary. document. For assistance, contact FERC Riverdale Mills Hydroelectric Project, [FR Doc. 2017–12054 Filed 6–9–17; 8:45 am] Online Support. A copy is also available filed an Application for a New License BILLING CODE 6717–01–P for inspection and reproduction at the pursuant to the Federal Power Act address in item h above. (FPA) and the Commission’s regulations You may also register online at http:// thereunder. The Riverdale Mills FEDERAL COMMUNICATIONS www.ferc.gov/docs-filing/ Hydroelectric Project facilities are COMMISSION esubscription.asp to be notified via located on the Blackstone River in email of new filings and issuances Worcester County, Massachusetts. [OMB 3060–xxxx] related to this or other pending projects. The license for Project No. 9100 was For assistance, contact FERC Online issued for a period ending May 31, Information Collection Being Reviewed Support. 2017. Section 15(a)(1) of the FPA, 16 by the Federal Communications p. With this notice, we are designating U.S.C. 808(a)(1), requires the Commission Lyndonville Electric Department as the Commission, at the expiration of a AGENCY: Federal Communications Commission’s non-federal license term, to issue from year-to-year Commission. representative for carrying out informal an annual license to the then licensee ACTION: Notice and request for consultation pursuant to section 7 of the under the terms and conditions of the comments. Endangered Species Act and prior license until a new license is consultation pursuant to section 106 of issued, or the project is otherwise SUMMARY: As part of its continuing effort the National Historic Preservation Act. disposed of as provided in section 15 or to reduce paperwork burdens, and as q. Procedural schedule and final any other applicable section of the FPA. required by the Paperwork Reduction amendments: The application will be If the project’s prior license waived the Act of 1995 (PRA), the Federal processed according to the following applicability of section 15 of the FPA, Communications Commission (FCC or preliminary Hydro Licensing Schedule. then, based on section 9(b) of the Commission) invites the general public Revisions to the schedule will be made Administrative Procedure Act, 5 U.S.C. and other Federal agencies to take this as appropriate. 558(c), and as set forth at 18 CFR opportunity to comment on the Issue Acceptance or Deficiency Letter— 16.21(a), if the licensee of such project following information collections. August 2017 has filed an application for a subsequent Comments are requested concerning:

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Whether the proposed collection of Title: Sections 1.9020(n), 1.9030(m), of the correctional facility to execute a information is necessary for the proper 1.9035(o), Community notification spectrum lease with the CIS provider. performance of the functions of the requirement for certain contraband Even if the major Commercial Mobile Commission, including whether the interdiction systems; Section 20.18(r), Radio Services (CMRS) licensees information shall have practical utility; Contraband Interdiction System (CIS) negotiate expeditiously and in good the accuracy of the Commission’s requirement; Section 20.23(a), Good faith, if one CMRS licensee in the area burden estimate; ways to enhance the faith negotiations. fails to engage in lease negotiations in quality, utility, and clarity of the Form No.: N/A. a reasonable time frame or at all, the CIS information collected; ways to minimize Type of Review: New collection. solution will not be effective. The lack the burden of the collection of Respondents: Businesses or other for of cooperation of even a single wireless information on the respondents, profit entities and state, local or Tribal provider in a geographic area of a including the use of automated Governments. correctional facility can result in collection techniques or other forms of Number of Respondents and deployment of a system with information technology; and ways to Responses: 26 respondents and 28 insufficient spectral coverage, subject to further reduce the information responses. abuse by inmates in possession of collection burden on small business Estimated Time per Response: 8–16 contraband wireless devices operating concerns with fewer than 25 employees. hours. on frequencies not covered by a The FCC may not conduct or sponsor Frequency of Response: On occasion spectrum lease agreement. While some a collection of information unless it reporting requirement. carriers have been cooperative, it is displays a currently valid Office of Obligation to Respond: There is no imperative that all CMRS licensees be Management and Budget (OMB) control obligation to respond; response required required to engage in lease negotiations number. No person shall be subject to to obtain benefits. The statutory in good faith and in a timely fashion. any penalty for failing to comply with authority for this collection is contained Therefore, the Commission adopted a a collection of information subject to the in 47 U.S.C. 151, 152, 154(i), 154(j), 301, rule requiring that CMRS licensees PRA that does not display a valid OMB 302a, 303, 307, 308, 309, 310, and 332. negotiate in good faith with entities control number. Total Annual Burden: 325 hours. seeking to deploy a CIS in a correctional DATES: Written comments should be Annual Cost Burden: No cost. facility. If, after a 45 day period, there submitted on or before August 11, 2017. Privacy Act Impact Assessment: No is no agreement, CIS providers seeking If you anticipate that you will be impact(s). Special Temporary Authority (STA) to Nature and Extent of Confidentiality: submitting comments, but find it operate in the absence of CMRS licensee difficult to do so within the period of There is no need for confidentiality with consent may file a request for STA with time allowed by this notice, you should this collection of information. the Wireless Telecommunications Needs and Uses: On March 24, 2017, advise the contacts below as soon as Bureau (WTB), with a copy served at the the Federal Communications possible. same time on the CMRS licensee, Commission released a Report and ADDRESSES: Direct all PRA comments to accompanied by evidence Order, Promoting Technological demonstrating its good faith, and the Cathy Williams, FCC, via email: PRA@ Solutions to Combat Contraband fcc.gov and to [email protected]. unreasonableness of the CMRS Wireless Devices in Correctional licensee’s actions, in negotiating an FOR FURTHER INFORMATION CONTACT: For Facilities, GN Docket No. 13–111, FCC agreement. The CMRS licensee may additional information about the 17–25 (Report and Order), in which the then file a response with WTB, with a information collection, contact Cathy Commission took important steps to copy served on the CIS provider at that Williams at (202) 418–2918. help law enforcement combat the time, within 10 days of the filing of the SUPPLEMENTARY INFORMATION: As part of serious threats posed by the illegal use STA request. its continuing effort to reduce of contraband wireless devices by The supplementary information paperwork burdens, and as required by inmates. Across the country, inmates provided along with the STA the PRA, 44 U.S.C. 3501–3520, the FCC have used contraband devices to order application by the CIS provider will be invites the general public and other hits, run drug operations, operate phone used by WTB to determine whether the Federal agencies to take this scams, and otherwise engage in criminal CIS provider has negotiated in good opportunity to comment on the activity that endangers prison faith, yet the CMRS licensee has not following information collections. employees, other inmates, and innocent negotiated in good faith. The CMRS Comments are requested concerning: members of the public. In the Report licensee may use the evidence Whether the proposed collection of and Order, the Commission streamlined accompanying the STA application to information is necessary for the proper the process of deploying contraband craft a response. WTB will analyze the performance of the functions of the wireless device interdiction systems— evidence from the CIS providers and the Commission, including whether the systems that use radio communications CMRS licensee’s response to determine information shall have practical utility; signals requiring Commission whether to issue STA to the entity the accuracy of the Commission’s authorization—in correctional facilities. seeking to deploy the CIS. burden estimate; ways to enhance the The action will reduce the cost of The Commission explored whether it quality, utility, and clarity of the deploying solutions and ensure that should impose a requirement that the information collected; ways to minimize they can be deployed more quickly and community in the vicinity of a the burden of the collection of efficiently. In particular, the correctional facility where a CIS is information on the respondents, Commission waived certain filing installed be notified of the installation. including the use of automated requirements and provided for The Commission explained that a goal collection techniques or other forms of immediate approval of the spectrum of the proceeding is to expedite the information technology; and ways to lease applications needed to operate deployment of technological solutions further reduce the information these systems. to combat the use of contraband collection burden on small business The effectiveness of Contraband wireless devices, not to impose concerns with fewer than 25 employees. Interdiction System (CIS) deployment unnecessary barriers to CIS deployment. OMB Control Number: 3060–xxxx. requires all carriers in the relevant area Consistent with that goal, the

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Commission found that a flexible and FEDERAL COMMUNICATIONS 1995 (44 U.S.C. 3501–3520), the Federal community-tailored notification COMMISSION Communications Commission (FCC or Commission) invites the general public requirement for certain CISs outweighed [OMB 3060–XXXX] the minimal burden of notification and and other Federal agencies to take this furthered the public interest. After Information Collection Being Reviewed opportunity to comment on the careful consideration of the record, the by the Federal Communications following information collections. Commission imposed a rule that, 10 Commission Comments are requested concerning: days prior to deploying a CIS that Whether the proposed collection of AGENCY: Federal Communications prevents communications to or from information is necessary for the proper Commission. mobile devices, a lessee must notify the performance of the functions of the community in which the correctional ACTION: Notice and request for Commission, including whether the facility is located, and the Commission comments. information shall have practical utility; the accuracy of the Commission’s amended its spectrum leasing rules to SUMMARY: As part of its continuing effort burden estimate; ways to enhance the reflect this requirement. The to reduce paperwork burdens, and as quality, utility, and clarity of the Commission agreed with commenters required by the Paperwork Reduction information collected; ways to minimize that support notification of the Act (PRA) of 1995, the Federal the burden of the collection of surrounding community due to the Communications Commission (FCC or information on the respondents, potential for accidental call blocking the Commission) invites the general including the use of automated and the public safety issues involved. public and other Federal agencies to collection techniques or other forms of The information provided in the take this opportunity to comment on the information technology; and ways to notification will put the houses and following information collection. further reduce the information businesses in the surrounding Comments are requested concerning: collection burden on small business community on notice that a CIS will be Whether the proposed collection of concerns with fewer than 25 employees. deployed in the vicinity that has the information is necessary for the proper OMB Control Number: 3060–XXXX. potential for accidental call blocking. performance of the functions of the Title: Reasonable Accommodation Commission, including whether the Requests. Acknowledging the importance of information shall have practical utility; Form Numbers: FCC Form 5626 and ensuring the availability of emergency the accuracy of the Commission’s FCC Form 5627. 911 calls from correctional facilities, burden estimate; ways to enhance the Type of Review: New collection. and the fact that delivering emergency quality, utility, and clarity of the calls to public safety answering points information collected; ways to minimize Respondents: Individuals. (PSAPs) facilitates public safety services the burden of the collection of Number of Respondents and and generally serves the public interest, information on the respondents, Responses: 60 respondents and 60 the Commission amended its rules to including the use of automated responses. require that CIS providers regulated as collection techniques or other forms of Estimated Time per Response: 5 hours private mobile radio service (PMRS) information technology; and ways to for FCC Form 5626 and 0.16 hours for must route all 911 calls to the local further reduce the information FCC Form 5627. PSAP. That said, the Commission also collection burden on small business Frequency of Response: One-time acknowledged the important role state concerns with fewer than 25 employees. reporting requirement. and local public safety officials play in The FCC may not conduct or sponsor a Obligation to Respond: Voluntary. Statutory authority for these collections the administration of the 911 system. collection of information unless it are contained in 29 U.S.C. 791; Accordingly, although the CIS provider displays a currently valid control Executive Order 13164 65 FR 46565 (Jul is required to pass through emergency number. No person shall be subject to 28, 2000). 911 calls, the PSAPs can inform the CIS any penalty for failing to comply with Total Annual Burden: 312 hours. provider that they do not want to a collection of information subject to the Total Annual Cost: $900. receive calls from a given correctional PRA that does not display a valid Office Privacy Impact Assessment: The FCC facility. By allowing the PSAPs to of Management and Budget (OMB) control number. is drafting a Privacy Impact Assessment decline the emergency 911 calls, the DATES: Written PRA comments should to cover the personally identifiable Commission recognized the reported information (PIA) that will be collected, increased volume of PSAP harassment be submitted on or before August 11, 2017. If you anticipate that you will be used, and stored. through repeated inmate fraudulent 911 submitting comments, but find it Nature and Extent of Confidentiality: calls. The information provided by the difficult to do so within the period of There is no need for confidentiality with PSAP or emergency authority will result time allowed by this notice, you should this collection of information. in the CIS provider not passing through advise the contact listed below as soon Needs and Uses: FCC employees and E911 calls from a particular correctional as possible. applicants for employment who have a facility. ADDRESSES: Direct all PRA comments to condition that qualifies as a disability Federal Communications Commission. Nicole Ongele, FCC, via email PRA@ may seek an accommodation to perform Marlene H. Dortch, fcc.gov and to [email protected]. the essential functions of their position by completing FCC Form 5626 and FCC FOR FURTHER INFORMATION CONTACT: For Secretary, Office of the Secretary. Form 5627. [FR Doc. 2017–12118 Filed 6–9–17; 8:45 am] additional information about the Federal Communications Commission. BILLING CODE 6712–01–P information collection, contact Nicole Ongele at (202) 418–2991. Katura Jackson, SUPPLEMENTARY INFORMATION: As part of Federal Register Liaison Officer, Office of the its continuing effort to reduce Secretary. paperwork burdens, and as required by [FR Doc. 2017–12063 Filed 6–9–17; 8:45 am] the Paperwork Reduction Act (PRA) of BILLING CODE 6712–01–P

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FEDERAL COMMUNICATIONS invites the general public and other Privacy Impact Assessment: This COMMISSION Federal agencies to take this information collection affects opportunity to comment on the [OMB 3060–1201] individuals or households. As required following information collections. by the Office of Management and Information Collection Being Reviewed Comments are requested concerning: Budget Memorandum M–03–22 by the Federal Communications Whether the proposed collection of (September 26, 2003), the FCC is in the Commission information is necessary for the proper process of completing the Privacy performance of the functions of the Impact Assessment. AGENCY: Federal Communications Commission, including whether the Commission. information shall have practical utility; Needs and Uses: On June 10, 2013, ACTION: Notice and request for the accuracy of the Commission’s the Commission released Structure and comments. burden estimate; ways to enhance the Practices of the Video Relay Service quality, utility, and clarity of the Program et al., FCC 13–82, published at SUMMARY: As part of its continuing effort information collected; ways to minimize 78 FR 40582, July 5, 2013 (2013 VRS to reduce paperwork burdens, and as the burden of the collection of Reform Order), adopting further required by the Paperwork Reduction information on the respondents, measures to improve the structure, Act of 1995 (PRA), the Federal including the use of automated efficiency, and quality of the video relay Communications Commission (FCC or collection techniques or other forms of service (VRS) program, reducing the Commission) invites the general public information technology; and ways to noted inefficiencies in the program, as and other Federal agencies to take this further reduce the information well as reducing the risk of waste, fraud, opportunity to comment on the collection burden on small business and abuse, and ensuring that the following information collections. concerns with fewer than 25 employees. Comments are requested concerning: program makes full use of advances in OMB Control Number: 3060–1201. commercially-available technology. In Whether the proposed collection of Title: Video Relay Services, CG information is necessary for the proper this Order, the Commission (1) required Docket Nos. 10–51 & 03–123. reporting of unauthorized and performance of the functions of the Form Number: N/A. unnecessary use of VRS; (2) required Commission, including whether the Type of Review: Revision of currently information shall have practical utility; approved collection. provider certification of annual the accuracy of the Commission’s Respondents: Business or other for- compliance plans; (3) established a burden estimate; ways to enhance the profit entities; Individuals or central telecommunications relay quality, utility, and clarity of the households; Not-for-profit institutions. services (TRS) user registration database information collected; ways to minimize Number of Respondents and (TRS–URD) which incorporates a the burden of the collection of Responses: 135,350 respondents; centralized eligibility verification information on the respondents, 2,395,180 responses. requirement to ensure accurate including the use of automated Estimated Time per Response: 3 registration and verification of users, as collection techniques or other forms of minutes (.05 hours) to 300 hours. well as per-call validation, to achieve information technology; and ways to Frequency of Response: Annual, more effective prevention of waste, further reduce the information monthly, on-going, one-time, and fraud, and abuse; (4) established collection burden on small business quarterly reporting requirements; procedures to prevent unauthorized concerns with fewer than 25 employees. Recordkeeping requirement, Third party changes of a user’s default TRS The FCC may not conduct or sponsor a disclosure requirement. provider; and (5) established procedures Obligation to Respond: Required to collection of information unless it to protect TRS users’ customer obtain or retain benefits. The statutory displays a currently valid Office of proprietary network information (CPNI) authority for this information collection Management and Budget (OMB) control from disclosure. number. No person shall be subject to is section 225 of the Communications any penalty for failing to comply with Act, 47 U.S.C. 225. The law was enacted On March 23, 2017, the Commission a collection of information subject to the on July 26, 1990, as Title IV of the released Structure and Practices of the PRA that does not display a valid OMB Americans with Disabilities Act of 1990 Video Relay Services Program et al., control number. (ADA), Public Law 101–336, 104 Stat. FCC 17–26, published at 82 FR 17754, DATES: Written comments should be 327, 366–69. April 13, 2017, (2017 VRS submitted on or before August 11, 2017. Total Annual Burden: 473,809 hours. Improvements Order), which among If you anticipate that you will be Total Annual Cost: $41,000. other things, (1) allows VRS providers to submitting comments, but find it Nature and Extent of Confidentiality: assign TRS Numbering Directory 10- difficult to do so within the period of Confidentiality is an issue to the extent digit telephone numbers to hearing time allowed by this notice, you should that individuals and households individuals for the limited purpose of provide personally identifiable advise the contacts below as soon as making point-to-point video calls, and information, which is covered under the possible. (2) gives VRS providers the option to FCC’s updated system of records notice participate in an at-home call handling ADDRESSES: Direct all PRA comments to (SORN), FCC/CGB–4, ‘‘Internet-based Cathy Williams, FCC, via email: PRA@ Telecommunications Relay Service-User pilot program, subject to certain fcc.gov and to [email protected]. Registration Database (ITRS–URD).’’ As limitations, as well as recordkeeping FOR FURTHER INFORMATION CONTACT: For required by the Privacy Act, 5 U.S.C. and reporting requirements. additional information about the 552a, the Commission also published a Federal Communications Commission. information collection, contact Cathy SORN, FCC/CGB–4 ‘‘Internet-based Katura Jackson, Williams at (202) 418–2918. Telecommunications Relay Service-User Federal Register Liaison Officer, Office of the SUPPLEMENTARY INFORMATION: As part of Registration Database (ITRS–URD),’’ in Secretary. its continuing effort to reduce the Federal Register on February 9, [FR Doc. 2017–12064 Filed 6–9–17; 8:45 am] paperwork burdens, and as required by 2015 (80 FR 6963) which became the PRA, 44 U.S.C. 3501–3520, the FCC effective on March 23, 2015. BILLING CODE 6712–01–P

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FEDERAL ELECTION COMMISSION the Board of Governors. Interested concerning the proposed collection of persons may express their views in information are encouraged. Your Sunshine Act Meeting writing on the standards enumerated in comments should address any of the the BHC Act (12 U.S.C. 1842(c)). If the following: (a) Evaluate whether the AGENCY: Federal Election Commission. proposal also involves the acquisition of proposed collection of information is DATE AND TIME: Tuesday, June 6, 2017 at a nonbanking company, the review also necessary for the proper performance of 10:00 a.m. and its continuation at the includes whether the acquisition of the the functions of the agency, including conclusion of the open meeting on June nonbanking company complies with the whether the information will have 8, 2017. standards in section 4 of the BHC Act practical utility; (b) Evaluate the PLACE: 999 E Street NW., Washington, (12 U.S.C. 1843). Unless otherwise accuracy of the agencies estimate of the DC. noted, nonbanking activities will be burden of the proposed collection of STATUS: This meeting was closed to the conducted throughout the United States. information, including the validity of public. Unless otherwise noted, comments the methodology and assumptions used; regarding each of these applications (c) Enhance the quality, utility, and Federal Register Notice of Previous must be received at the Reserve Bank clarity of the information to be Announcement—82 FR 25288 indicated or the offices of the Board of collected; (d) Minimize the burden of Items Also Discussed Governors not later than July 7, 2017. the collection of information on those A. Federal Reserve Bank of who are to respond, including through Matters relating to internal personnel Philadelphia (William Spaniel, Senior the use of appropriate automated, decisions, or internal rules and Vice President) 100 North 6th Street, electronic, mechanical, or other practices. Philadelphia, Pennsylvania 19105– technological collection techniques or Information for which disclosure 1521. Comments can also be sent other forms of information technology, would constitute an unwarranted electronically to e.g., permitting electronic submission of invasion of privacy. [email protected]: responses; and (e) Assess information Investigatory records compiled for 1. Bryn Mawr Bank Corporation, Bryn collection costs. law enforcement purposes and Mawr, Pennsylvania; to merge with To request additional information on production would disclose investigative Royal Bancshares of Pennsylvania, Inc., the proposed project or to obtain a copy techniques. Narberth, Pennsylvania, and thereby of the information collection plan and Information the premature disclosure indirectly acquire Royal Bank, Narberth, instruments, call (404) 639–7570 or of which would be likely to have a Pennsylvania. send an email to [email protected]. Direct considerable adverse effect on the B. Federal Reserve Bank of Chicago written comments and/or suggestions implementation of a proposed (Colette A. Fried, Assistant Vice regarding the items contained in this Commission action. President) 230 South LaSalle Street, notice to the Attention: CDC Desk * * * * * Chicago, Illinois 60690–1414: Officer, Office of Management and PERSON TO CONTACT FOR INFORMATION: 1. Bank First National Corporation, Budget, Washington, DC 20503 or by fax Judith Ingram, Press Officer, Telephone: Manitowoc, Wisconsin; to merge with to (202) 395–5806. Written comments (202) 694–1220. Waupaca Bancorporation, Inc. and should be received within 30 days of thereby indirectly acquire First National this notice. Laura E. Sinram, Bank, both of Waupaca, Wisconsin. Acting Deputy Secretary of the Commission. Board of Governors of the Federal Reserve Proposed Project [FR Doc. 2017–12212 Filed 6–8–17; 4:15 pm] System, June 7, 2017. Characterization of Exposure Potential BILLING CODE 6715–01–P Yao-Chin Chao, during Activities Conducted on Assistant Secretary of the Board. Synthetic Turf with Crumb Rubber [FR Doc. 2017–12084 Filed 6–9–17; 8:45 am] Infill—New—Agency for Toxic FEDERAL RESERVE SYSTEM BILLING CODE 6210–01–P Substances and Disease Registry (ATSDR). Formations of, Acquisitions by, and Mergers of Bank Holding Companies Background and Brief Description DEPARTMENT OF HEALTH AND Currently in the United States, there HUMAN SERVICES The companies listed in this notice are more than 12,000 synthetic turf have applied to the Board for approval, Agency for Toxic Substances and fields in use. While the Synthetic Turf pursuant to the Bank Holding Company Disease Registry Council has set guidelines for the Act of 1956 (12 U.S.C. 1841 et seq.) content of crumb rubber used as infill in (BHC Act), Regulation Y (12 CFR part [30-Day–17–17OB] synthetic turf fields, manufacturing 225), and all other applicable statutes processes result in differences among Agency Forms Undergoing Paperwork and regulations to become a bank types of crumb rubber. Additionally, the Reduction Act Review holding company and/or to acquire the chemical composition may vary highly assets or the ownership of, control of, or The Agency for Toxic Substances and between different processes and source the power to vote shares of a bank or Disease Registry (ATSDR) has submitted materials and may vary even within bank holding company and all of the the following information collection granules from the same origin. banks and nonbanking companies request to the Office of Management and In July, 2016, the Agency for Toxic owned by the bank holding company, Budget (OMB) for review and approval Substances and Disease Registry including the companies listed below. in accordance with the Paperwork (ATSDR) and the United States The applications listed below, as well Reduction Act of 1995. The notice for Environmental Protection Agency (US as other related filings required by the the proposed information collection is EPA) were granted an emergency Board, are available for immediate published to obtain comments from the Paperwork Reduction Act (PRA) inspection at the Federal Reserve Bank public and affected agencies. clearance for a research study titled indicated. The applications will also be Written comments and suggestions ‘‘Collections Related to Synthetic Turf available for inspection at the offices of from the public and affected agencies Fields with Crumb Rubber Infill’’ (OMB

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Control No. 0923–0054, expiration date During Activity 1, ATSDR and US with crumb rubber infill. This 01/31/2017). The research goals for the EPA obtained permission to return to instrument, along with extant three activities in the protocol are pilot- some of the participating fields to videography of persons engaged in level investigations to evaluate and complete the human exposure activities of interest (see below), will be characterize: The chemical composition characterization. Due to the limited time used to characterize exposure scenarios, and use of crumb rubber infill in constraints and field activity schedules, including the nature and duration of synthetic turf using a convenience ATSDR and US EPA chose to begin potential exposures. sample of nine tire recycling Activity 2 data collection and Activity manufacturing plants and 40 facilities 3 specimen collection in 2017. The research study will screen a total that use synthetic turf fields (Activity 1); The agencies are submitting a new of 75 participants for eligibility. The The human exposure potential to information collection request (ICR) for sample size for the Activity 2 exposure constituents in crumb rubber infill a one-year PRA clearance to complete characterization is 60 respondents. For among a convenience sample of 60 field Activity 2 and Activity 3, now subtitled Activity 3, we will conduct an exposure users (Activity 2); and collection of ‘‘Characterization of Exposure Potential measurements sub-study among 45 of biological specimens (blood and urine) during Activities Conducted on the 60 respondents, including field from 45 participants from Activity 2 Synthetic Turf with Crumb Rubber environmental sampling, personal air (Activity 3). Infill.’’ This will be the first assessment monitoring, dermal sampling, and urine By December, 2016, ATSDR and US of activities conducted on synthetic turf and blood collection. Video data EPA completed Activity 1 which was for the purpose of characterizing collection of facility user activities will aimed at characterizing the chemical potential exposure patterns. The study be performed for a further subset of 24 composition and use of synthetic turf will include persons who use synthetic of the Activity 2 respondents. It is likely fields with tire crumb rubber infill. The turf with crumb rubber infill (e.g., that some of the collection items will agencies successfully consented and facility users) and who routinely not be analyzed in the current project sampled 40 synthetic turf fields with perform activities that would result in a time frame but will be archived for crumb rubber infill across the United high level of contact to crumb rubber. future analysis. States. The activities are reported in the This will allow for the evaluation of ‘‘Status Report on the Federal Research potential high-end exposures to The total estimated annual time Action Plan on Recycled Tire Crumb constituents in synthetic turf among this burden requested for this research Used on Playing Fields and group of users. The respondents will be activity equals 174 hours. There is no Playgrounds,’’ which was released on administered a detailed questionnaire cost to the respondents other than their December 30, 2016. on activity patterns on synthetic turf time in the study.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Adult/Adolescent Facility Users ...... Eligibility Screening Script ...... 41 1 5/60 Adult and Adolescent Questionnaire ...... 36 1 30/60 Exposure Measurement Form ...... 27 1 3 Phlebotomist Safety Exclusion Questions 27 1 2/60 Form. Parents/Guardians of Youth/Child Facility Eligibility Screening Script ...... 34 1 5/60 Users. Youth and Child Questionnaire ...... 24 1 30/60 Phlebotomist Safety Exclusion Questions 18 1 2/60 Form. Youth/Child Facility Users ...... Exposure Measurement Form ...... 18 1 3

Leroy A. Richardson, DEPARTMENT OF HEALTH AND Expanding and Improving Data Chief, Information Collection Review Office, HUMAN SERVICES Collection, Guidance, and Outreach. Office of Scientific Integrity, Office of the Time and Date: 12:00 p.m.–2:00 p.m., Associate Director for Science, Office of the Centers for Disease Control and EDT, July 18, 2017 (Closed). Director, Centers for Disease Control and Prevention Place: Teleconference. Prevention. Status: The meeting will be closed to [FR Doc. 2017–12061 Filed 6–9–17; 8:45 am] Disease, Disability, and Injury Prevention and Control Special the public in accordance with BILLING CODE 4163–18–P Emphasis Panel (SEP): Initial Review provisions set forth in Section 552b(c) (4) and (6), Title 5 U.S.C., and the In accordance with Section 10(a)(2) of determination of the Director, the Federal Advisory Committee Act Management Analysis and Services (Pub. L. 92–463), the Centers for Disease Office, CDC, pursuant to Public Law 92– Control and Prevention (CDC) 463. announces a meeting for the initial Matters for Discussion: The meeting review of a single-source supplement for will include the initial review, Funding Opportunity Announcement discussion and evaluation of a single- (FOA) CK16–003, Pre-travel Health source supplement application for ‘‘Pre- Preparation of International Travelers: travel Health Preparation of

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International Travelers: Expanding and Prevention and the Agency for Toxic should be received within 30 days of Improving Data Collection, Guidance, Substances and Disease Registry. this notice. and Outreach’’, CK16–003. Elaine L. Baker, Proposed Project Contact Person for More Information: Director, Management Analysis and Services ZEN Colombia Study: Zika in Gregory Anderson, M.S., M.P.H., Office, Centers for Disease Control and Pregnant Women and Children in Scientific Review Officer, CDC, 1600 Prevention. Colombia—New—Pregnancy and Birth Clifton Road NE., Mailstop E60, Atlanta, [FR Doc. 2017–12125 Filed 6–9–17; 8:45 am] Defects Task Force, National Center on Georgia 30333, Telephone: (404) 718– BILLING CODE 4163–18–P Birth Defects and Developmental 8833. Disabilities, Centers for Disease Control The Director, Management Analysis and Prevention (CDC). DEPARTMENT OF HEALTH AND and Services Office, has been delegated HUMAN SERVICES Background and Brief Description the authority to sign Federal Register Zika virus (ZIKV) infection is a notices pertaining to announcements of Centers for Disease Control and mosquito-borne flavivirus transmitted meetings and other committee Prevention by Aedes species mosquitoes, and also management activities, for both the [30Day–17–17ABB] through sexual and mother-to-child Centers for Disease Control and transmission; laboratory-acquired Prevention and the Agency for Toxic Agency Forms Undergoing Paperwork infections have also been reported. Substances and Disease Registry. Reduction Act Review Evidence of human ZIKV infection was Elaine L. Baker, observed sporadically in Africa and The Centers for Disease Control and Asia prior to 2007, when an outbreak of Director, Management Analysis and Services Prevention (CDC) has submitted the ZIKV caused an estimated 5,000 Office, Centers for Disease Control and following information collection request Prevention. infections in the State of Yap, Federated to the Office of Management and Budget States of Micronesia. Since then, [FR Doc. 2017–12124 Filed 6–9–17; 8:45 am] (OMB) for review and approval in evidence of ZIKV has been found in 65 BILLING CODE 4163–18–P accordance with the Paperwork countries and territories, mostly in Reduction Act of 1995. The notice for Central and South America. Common the proposed information collection is symptoms of ZIKV in humans include DEPARTMENT OF HEALTH AND published to obtain comments from the rash, fever, arthralgia, and nonpurulent HUMAN SERVICES public and affected agencies. conjunctivitis. The illness is usually Written comments and suggestions mild and self-limited, with symptoms Centers for Disease Control and from the public and affected agencies lasting for several days to a week; Prevention concerning the proposed collection of however, based on previous outbreaks, information are encouraged. Your some infections are asymptomatic. The World Trade Center Health Program comments should address any of the Scientific/Technical Advisory prevalence of asymptomatic infection in following: (a) Evaluate whether the the current Central and South American Committee: Notice of Charter Renewal proposed collection of information is epidemic is unknown. necessary for the proper performance of Although the clinical presentation of This gives notice under Public Law the functions of the agency, including ZIKV infection is typically mild, ZIKV 111–347 (The James Zadroga 9/11 whether the information will have infection in pregnancy can cause Health and Compensation Act of 2010) practical utility; (b) Evaluate the microcephaly and related brain and the Federal Advisory Committee accuracy of the agencies estimate of the abnormalities when fetuses are exposed Act (Pub. L. 92–463) of October 6, 1972, burden of the proposed collection of in utero. Other adverse pregnancy that the World Trade Center Health information, including the validity of outcomes related to ZIKV infection Program Scientific/Technical Advisory the methodology and assumptions used; remain under study, and include Committee, Centers for Disease Control (c) Enhance the quality, utility, and pregnancy loss, other major birth and Prevention, Department of Health clarity of the information to be defects, arthrogryposis, eye and Human Services, has been renewed collected; (d) Minimize the burden of abnormalities, and neurologic for a 2-year period through May 12, the collection of information on those abnormalities. 2019. who are to respond, including through As the spectrum of adverse health For information, contact Paul J. the use of appropriate automated, outcomes potentially related to ZIKV Middendorf, Ph.D., Designated Federal electronic, mechanical, or other infection continues to grow, large gaps Officer, National Institute for technological collection techniques or remain in our understanding of ZIKV Occupational Safety and Health, Centers other forms of information technology, infection in pregnancy. These include for Disease Control and Prevention, e.g., permitting electronic submission of the full spectrum of adverse health Department of Health and Human responses; and (e) Assess information outcomes in pregnant women, fetuses, Services, 2400 Century Parkway NE., collection costs. and infants associated with ZIKV Mail Stop E–20, Atlanta, Georgia 30345, To request additional information on infection; the relative contributions of the proposed project or to obtain a copy sexual transmission and mosquito-borne telephone 1 (888) 982–4748; email: wtc- of the information collection plan and transmission to occurrence of infections [email protected]. instruments, call (404) 639–7570 or in pregnancy; and variability in the risk The Director, Management Analysis send an email to [email protected]. Direct of adverse fetal outcomes by gestational and Services Office, has been delegated written comments and/or suggestions week of maternal infection or symptoms the authority to sign Federal Register regarding the items contained in this of infection. There is an urgency to fill notices pertaining to announcements of notice to the Attention: CDC Desk these large gaps in our understanding meetings and other committee Officer, Office of Management and given the rapidity of the epidemic’s management activities for both the Budget, Washington, DC 20503 or by fax spread and the severe health outcomes Centers for Disease Control and to (202) 395–5806. Written comments associated with ZIKV to date.

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Colombia’s Instituto Nacional de outcomes associated with ZIKV consecutive tests for ZIKV or the Salud (INS) began surveillance for ZIKV infection; (4) Assess modifiers of the pregnancy ends. At all study visits, male in 2015, reporting the first risk for adverse outcomes among partners will complete visit-specific autochthonous transmission in October pregnant women and their infants questionnaires and provide samples for 2015 in the north of the country. As of following ZIKV infection. This includes laboratory testing. October 2016, Colombia has reported investigating associations with All newborns of mothers participating over 105,000 suspected ZIKV cases, gestational age at infection, presence of in the study will be followed every with over 19,000 of them among ZIKV symptoms, extended viremia, other week from birth to 6 months of pregnant women. With a causal link mode of transmission, prior infections age. At all visits, infants will receive established between ZIKV infection in or immunizations, and co-infections. national recommended clinical care (at pregnancy and microcephaly, there is an The project aims to enroll urgent need to understand: How ZIKV approximately 5,000 women, 1,250 male birth and clinic visits at 1, 2, and 6 transmission can be prevented; the full partners, and 4,500 newborns. Pregnant months), provide samples for laboratory spectrum of adverse maternal, fetal, and women will be recruited in the first testing, and mothers will complete infant health outcomes associated with trimester of pregnancy for study study-specific questionnaires about ZIKV infection; and risk factors for enrollment, followed by assessments infant ZIKV symptoms and occurrence of these outcomes. To during pregnancy (every other week developmental milestones. During answer these questions, INS and the until 32 weeks gestation and monthly follow-up, infants will also have cranial U.S. Centers for Disease Control and thereafter), and within 10 days ultrasounds, their head circumference Prevention (CDC) will follow 5,000 postpartum. At all visits, participants measured, and hearing and vision tests. women enrolled in the first trimester of will complete visit-specific For mothers and their infants, relevant pregnancy, their male partners, and questionnaires. In addition to the information collected as part of clinical their infants, in various cities in questionnaires, at all pregnancy and care will be abstracted from medical Colombia where ZIKV transmission is delivery visits, participants will receive records. Study results will be used to currently ongoing. Colombian national recommended guide recommendations made by both The primary study objectives are to: clinical care and provide samples for INS and CDC to prevent ZIKV infection; (1) Describe the sociodemographic and laboratory testing. to improve counseling of patients about clinical characteristics of the study Male partners will be recruited risks to themselves, their pregnancies, population; (2) Identify risk factors for around the time of the pregnant their partners, and their infants; and to ZIKV infection in pregnant women and partners’ study enrollment, followed by help agencies prepare to provide their infants. These include behaviors monthly visits until his pregnant services to affected children and such as use of mosquito-bite prevention partner reaches the third trimester families. Participation in this study is measures or condoms, and factors (approximately 27 weeks gestation). If voluntary. The estimated number of associated with maternal-to-child the male partner contracts ZIKV during annual Burden Hours are 20,548 and transmission; (3) Assess the risk for this time, visits will occur every other there are no costs to participants other adverse maternal, fetal, and infant week until the partner has two negative than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Pregnant women ...... Pregnant women eligibility questionnaire ...... 3,125 1 5/60 Pregnant women enrollment questionnaire ... 2,500 1 35/60 Adult symptom questionnaire ...... 2,500 15 10/60 Pregnant women follow-up questionnaire ...... 2,500 8 15/60 Infant symptoms questionnaire ...... 2,250 14 10/60 Infant Ages and Stages Questionnaire: 2 2,250 1 15/60 Month. Infant Ages and Stages Questionnaire: 6 2,250 1 15/60 Month. Male partners ...... Male partner eligibility questionnaire ...... 2,500 1 5/60 Male enrollment questionnaire ...... 625 1 25/60 Adult symptom questionnaire ...... 625 7 10/60

Leroy A. Richardson, DEPARTMENT OF HEALTH AND following information collection request Chief, Information Collection Review Office, HUMAN SERVICES to the Office of Management and Budget Office of Scientific Integrity, Office of the (OMB) for review and approval in Associate Director for Science, Office of the Centers for Disease Control and accordance with the Paperwork Director, Centers for Disease Control and Prevention Reduction Act of 1995. The notice for Prevention. the proposed information collection is [FR Doc. 2017–12059 Filed 6–9–17; 8:45 am] [30Day–17–17BZ] published to obtain comments from the BILLING CODE 4163–18–P public and affected agencies. Agency Forms Undergoing Paperwork Reduction Act Review Written comments and suggestions from the public and affected agencies The Centers for Disease Control and concerning the proposed collection of Prevention (CDC) has submitted the information are encouraged. Your

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comments should address any of the men who have sex with men (MSM) reduces the risk of HIV transmission. following: (a) Evaluate whether the remain the US population most heavily Two studies, one that demonstrated the proposed collection of information is affected by HIV infection. Among MSM, effectiveness of ARV treatment in necessary for the proper performance of those who are black and Hispanic preventing HIV transmission, and one the functions of the agency, including comprise 58% of all new infections. To that demonstrated improved health whether the information will have address the burden of HIV in this outcomes for individuals whose ARV practical utility; (b) Evaluate the population, high impact HIV prevention treatment was initiated immediately, accuracy of the agencies estimate of the approaches should be implemented by have led to increased public health burden of the proposed collection of state, local, and territorial health focus on interventions and strategies information, including the validity of departments to reduce new HIV designed to initiate ARV treatment, link, the methodology and assumptions used; infections among MSM of color, and to retain, and re-engage PLWH in HIV care, (c) Enhance the quality, utility, and improve outcomes along the HIV and to provide support for adherence to clarity of the information to be continuum of care for MSM of color ARV medications. collected; (d) Minimize the burden of living with HIV. The purpose of the project is to the collection of information on those Antiretroviral (ARV) medications for implement PrEP demonstration projects. who are to respond, including through pre-exposure prophylaxis (PrEP) can be Health departments that are funded the use of appropriate automated, used for HIV prevention by MSM at under this cooperative agreement will electronic, mechanical, or other substantial risk for HIV acquisition or by be required to prioritize their services to technological collection techniques or those with a possible HIV exposure in MSM and transgender persons at high other forms of information technology, the past 72 hours post-exposure risk of HIV infection, particularly e.g., permitting electronic submission of prophylaxis (nPEP). The daily use of co- persons of color. PrEP services may also responses; and (e) Assess information formulated tenofovir disoproxil be provided to HIV-negative persons at collection costs. fumarate and emtricitabine (marketed as substantial risk for HIV who are not To request additional information on Truvada) for PrEP has been proven to MSM or transgender. Additionally, Data significantly reduce the risk of HIV the proposed project or to obtain a copy to Care services may be provided to acquisition among sexually active MSM. of the information collection plan and persons diagnosed with HIV infection In July 2012, the US Food and Drug instruments, call (404) 639–7570 or and out of care, those who are in care Administration approved an HIV send an email to [email protected]. Written but not virally suppressed, or those who prevention indication for Truvada, and comments and/or suggestions regarding have ongoing risk behavior who are not in May 2014 CDC published clinical the items contained in this notice MSM or transgender. practice guidelines for provision of should be directed to the Attention: The goals of PrIDE are consistent with CDC Desk Officer, Office of Management PrEP. Given the high incidence of HIV among MSM of color, those who are the long-term goals of the National HIV/ and Budget, Washington, DC 20503 or AIDS Strategy (NHAS) including by fax to (202) 395–5806. Written sexually active are considered at risk for HIV acquisition and thus could benefit reducing HIV incidence, increasing comments should be received within 30 access to HIV care and optimizing days of this notice. from prevention services such as routine and frequent HIV screening with lab- health outcomes, and reducing HIV- Proposed Project based 4th generation HIV tests, routine related health disparities. Project PrIDE (PrEP Implementation, screening for STDs, assessment of PrEP To evaluate the impact of PrIDE in the Data to Care & Evaluation)—New— eligibility, provision of PrEP (if at 12 jurisdictions, data will be collected National Center for HIV/AIDS, Viral substantial risk for HIV acquisition), from both existing CDC data sources and Hepatitis, STD, and TB Prevention provision of nPEP (if a possible HIV through new data collection activities. (NCHHSTP), Centers for Disease Control exposure occurred in the past 72 hours), CDC HIV program grantees will and Prevention (CDC). and/or other risk reduction collect, enter or upload, and report interventions. agency-identifying information, budget Background and Brief Description Among people living with HIV data, information on the HIV prevention Approximately 50,000 people in the (PLWH), ARV treatment can suppress and care services, and client United States are newly infected with HIV viral load, which both improves demographic characteristics. The total HIV each year. Gay, bisexual, and other health outcomes of individuals and annual burden hours are 1,104.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Clients ...... Data Elements ...... 2,400 1 25/60 Health Departments ...... Data Management Upload ...... 12 2 20/60 Health Departments ...... Performance Progress Report ...... 12 1 8

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Leroy A. Richardson, prevention and control; (2) strategies for DEPARTMENT OF HEALTH AND Chief, Information Collection Review Office, surveillance, prevention, and control of HUMAN SERVICES Office of Scientific Integrity, Office of the infections, antimicrobial resistance, and Associate Director for Science, Office of the related events in settings where Centers for Disease Control and Director, Centers for Disease Control and healthcare is provided; and (3) periodic Prevention Prevention. updating of CDC guidelines and other [FR Doc. 2017–12060 Filed 6–9–17; 8:45 am] policy statements regarding prevention Disease, Disability, and Injury BILLING CODE 4163–18–P of healthcare-associated infections and Prevention and Control Special healthcare-related conditions. Emphasis Panel (SEP): Secondary Review DEPARTMENT OF HEALTH AND Matters for Discussion: The agenda HUMAN SERVICES will include updates on CDC’s activities In accordance with Section 10(a)(2) of for prevention of healthcare associated the Federal Advisory Committee Act Centers for Disease Control and infections (HAIs), an update on the Prevention (Pub. L. 92–463), the Centers for Disease Division of Healthcare Quality Control and Prevention (CDC) Healthcare Infection Control Practices Promotion’s (DHQP) modeling announces a meeting for the secondary Advisory Committee (HICPAC) activities, updates on the Guideline for review of applications in response to Prevention of Infection in Neonatal Funding Opportunity Announcements In accordance with section 10(a)(2) of Intensive Care Unit (NICU) Patients and (FOAs), CE17–003, Research Grants for the Federal Advisory Committee Act the Guideline for Prevention of Infection Preventing Violence and Violence (Pub. L. 92–463), the Centers for Disease in Healthcare Personnel, and updates Related Injury (R01); and PHS 2016–02 Control and Prevention (CDC), National from the following HICPAC workgroups: Center for Emerging and Zoonotic Omnibus Solicitation of the NIH, CDC The workgroup on antibiotic FDA, and ACF for Small Business Infectious Diseases (NCEZID) announces stewardship principles for inclusion a meeting of the aforementioned Innovation Research Grant Applications into clinical practice guidelines, the (Parent SBIR [R43/R44]). committee: workgroup on updating the CDC Times and Dates: Time and Date: 8:00 a.m.–5:00 p.m., recommendation categorization scheme, EDT, July 18, 2017 (Closed). 9:00 a.m.–5:00 p.m., EDT, July 13, 2017 the workgroup on developing CDC 9:00 a.m.–12:00 p.m., EDT, July 14, 2017 recommendations for products and Place: Teleconference. Place: Centers for Disease Control and practices, and the National Healthcare Status: The meeting will be closed to Prevention, Global Communications Safety Network (NHSN) Surveillance the public in accordance with Center, Building 19, Auditorium B, 1600 Workgroup. provisions set forth in Section Clifton Road NE., Atlanta, Georgia, 552b(c)(4) and (6), Title 5 U.S.C., and 30329. Agenda items are subject to change as the Determination of the Director, Status: Open to the public, limited priorities dictate. Management Analysis and Services only by the space available. Time will Contact Person for More Information: Office, CDC, pursuant to Public Law 92– be available for public comment. The Erin Stone, M.A., HICPAC, Division of public is welcome to submit written Healthcare Quality Promotion, NCEZID, 463. comments in advance of the meeting. CDC, l600 Clifton Road NE., Mailstop Matters for Discussion: The meeting Comments should be submitted in A–07, Atlanta, Georgia 30329, will include the secondary review, writing by email to the contact person Telephone (404) 639–4045. Email: discussion, and evaluation of listed below. The deadline for receipt is [email protected]. applications received in response to June 30, 2017. All requests must contain The Director, Management Analysis FOAs ‘‘Research Grants for Preventing the name, address, and organizational and Services Office, has been delegated Violence and Violence Related Injury affiliation of the speaker, as well as the (R01)’’, CE17–003; and ‘‘PHS 2016–02 topic being addressed. Written the authority to sign Federal Register notices pertaining to announcements of Omnibus Solicitation of the NIH, CDC comments should not exceed one single- FDA, and ACF for Small Business spaced typed page in length and meetings and other committee management activities, for both the Innovation Research Grant Applications delivered in 3 minutes or less. Members (Parent SBIR [R43/R44])’’. of the public who wish to provide Centers for Disease Control and public comments should plan to attend Prevention and the Agency for Toxic Contact Person for More Information: the public comment session at the start Substances and Disease Registry. Gwendolyn H. Cattledge, Ph.D., M.S.E.H., Deputy Associate Director for time listed. Please note that the public Elaine L. Baker, comment period may end before the Science, National Center for Injury time indicated on the agenda, following Director, Management Analysis and Services Prevention and Control, CDC, 4770 the last call for comments. Written Office, Centers for Disease Control and Buford Highway NE., Mailstop F–63, Prevention. comments received in advance of the Atlanta, Georgia 30341, Telephone (770) meeting will be included in the official [FR Doc. 2017–12122 Filed 6–9–17; 8:45 am] 488–1430. record of the meeting. BILLING CODE 4163–18–P The Director, Management Analysis Purpose: The Committee is charged and Services Office, has been delegated with providing advice and guidance to the authority to sign Federal Register the Director, Division of Healthcare notices pertaining to announcements of Quality Promotion (DHQP), the Director, meetings and other committee National Center for Emerging and management activities, for both the Zoonotic Infectious Diseases (NCEZID), Centers for Disease Control and the Director, CDC, the Secretary, Health and Human Services regarding (1) the practice of healthcare infection

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Prevention and the Agency for Toxic identifies you in the body of your applicable disclosure law. For more Substances and Disease Registry. comments, that information will be information about FDA’s posting of posted on https://www.regulations.gov. comments to public dockets, see 80 FR Elaine L. Baker, • If you want to submit a comment 56469, September 18, 2015, or access Director, Management Analysis and Services with confidential information that you the information at: https://www.gpo.gov/ Office, Centers for Disease Control and do not wish to be made available to the Prevention. fdsys/pkg/FR-2015-09-18/pdf/2015- public, submit the comment as a 23389.pdf. [FR Doc. 2017–12123 Filed 6–9–17; 8:45 am] written/paper submission and in the Docket: For access to the docket to BILLING CODE 4163–18–P manner detailed (see ‘‘Written/Paper read background documents or the Submissions’’ and ‘‘Instructions’’). electronic and written/paper comments DEPARTMENT OF HEALTH AND Written/Paper Submissions received, go to https:// HUMAN SERVICES www.regulations.gov and insert the Submit written/paper submissions as docket number, found in brackets in the follows: Food and Drug Administration • heading of this document, into the Mail/Hand delivery/Courier (for ‘‘Search’’ box and follow the prompts [Docket No. FDA–2017–N–0493] written/paper submissions): Division of and/or go to the Division of Dockets Dockets Management (HFA–305), Food Management, 5630 Fishers Lane, Rm. Agency Information Collection and Drug Administration, 5630 Fishers 1061, Rockville, MD 20852. Activities; Proposed Collection; Lane, Rm. 1061, Rockville, MD 20852. Comment Request; Utilization of • For written/paper comments FOR FURTHER INFORMATION CONTACT: For Adequate Provision Among Low to submitted to the Division of Dockets copies of the questionnaire: Office of Non-Internet Users Management, FDA will post your Prescription Drug Promotion Research comment, as well as any attachments, Team, [email protected]. For AGENCY: Food and Drug Administration, except for information submitted, questions on the PRA: JonnaLynn HHS. marked and identified, as confidential, Capezzuto, Office of Operations, Food ACTION: Notice. if submitted as detailed in and Drug Administration, Three White ‘‘Instructions.’’ Flint North, 10A63, 11601 Landsdown SUMMARY: The Food and Drug Instructions: All submissions received St., North Bethesda, MD 20852, 301– Administration (FDA or Agency) is must include the Docket No. FDA– 796–3794. announcing an opportunity for public 2017–N–0493 for ‘‘Utilization of SUPPLEMENTARY INFORMATION: Under the comment on the proposed collection of Adequate Provision among Low to Non- PRA (44 U.S.C. 3501–3520), Federal certain information by the Agency. Internet Users.’’ Received comments Agencies must obtain approval from the Under the Paperwork Reduction Act of will be placed in the docket and, except Office of Management and Budget 1995 (PRA), Federal Agencies are for those submitted as ‘‘Confidential (OMB) for each collection of required to publish notice in the Submissions,’’ publicly viewable at information they conduct or sponsor. Federal Register concerning each https://www.regulations.gov or at the ‘‘Collection of information’’ is defined proposed collection of information and Division of Dockets Management in 44 U.S.C. 3502(3) and 5 CFR to allow 60 days for public comment in between 9 a.m. and 4 p.m., Monday 1320.3(c) and includes Agency requests response to the notice. This notice through Friday. or requirements that members of the solicits comments on research entitled • Confidential Submissions—To public submit reports, keep records, or ‘‘Utilization of Adequate Provision submit a comment with confidential provide information to a third party. among Low to Non-Internet Users.’’ information that you do not wish to be Section 3506(c)(2)(A) of the PRA (44 DATES: Submit either electronic or made publicly available, submit your U.S.C. 3506(c)(2)(A)) requires Federal written comments on the collection of comments only as a written/paper Agencies to provide a 60-day notice in information by August 11, 2017. submission. You should submit two the Federal Register concerning each ADDRESSES: You may submit comments copies total. One copy will include the proposed collection of information as follows: information you claim to be confidential before submitting the collection to OMB with a heading or cover note that states for approval. To comply with this Electronic Submissions ‘‘THIS DOCUMENT CONTAINS requirement, FDA is publishing notice Submit electronic comments in the CONFIDENTIAL INFORMATION.’’ The of the proposed collection of following way: Agency will review this copy, including information set forth in this document. • Federal eRulemaking Portal: the claimed confidential information, in With respect to the following https://www.regulations.gov. Follow the its consideration of comments. The collection of information, FDA invites instructions for submitting comments. second copy, which will have the comments on these topics: (1) Whether Comments submitted electronically, claimed confidential information the proposed collection of information including attachments, to https:// redacted/blacked out, will be available is necessary for the proper performance www.regulations.gov will be posted to for public viewing and posted on of FDA’s functions, including whether the docket unchanged. Because your https://www.regulations.gov. Submit the information will have practical comment will be made public, you are both copies to the Division of Dockets utility; (2) the accuracy of FDA’s solely responsible for ensuring that your Management. If you do not wish your estimate of the burden of the proposed comment does not include any name and contact information to be collection of information, including the confidential information that you or a made publicly available, you can validity of the methodology and third party may not wish to be posted, provide this information on the cover assumptions used; (3) ways to enhance such as medical information, your or sheet and not in the body of your the quality, utility, and clarity of the anyone else’s Social Security number, or comments and you must identify this information to be collected; and (4) confidential business information, such information as ‘‘confidential.’’ Any ways to minimize the burden of the as a manufacturing process. Please note information marked as ‘‘confidential’’ collection of information on that if you include your name, contact will not be disclosed except in respondents, including through the use information, or other information that accordance with 21 CFR 10.20 and other of automated collection techniques,

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when appropriate, and other forms of another. As such, a primary purpose of household, or having at least one non- information technology. this research is to examine the value of Internet using member. This sample including both the 1–800 number and solution is ideal because it relies on a Utilization of Adequate Provision print ad as part of adequate provision in dual-frame (landline and cell phone) Among Low to Non-Internet Users; direct-to-consumer (DTC) prescription probability-sample, yet has the OMB Control Number 0910–NEW drug broadcast ads. Secondarily, we will advantage of prior knowledge of those I. Background also investigate the ability and who are likely to be low to non-Internet Section 1701(a)(4) of the Public willingness of low to non-Internet users users (re-screening will verify this). The Health Service Act (42 U.S.C. to make use of Internet resources if Social Science Research Solutions 300u(a)(4)) authorizes FDA to conduct other options were unavailable. These (SSRS) Omnibus, within which this research relating to health information. questions will be assessed using a survey will be embedded, utilizes a Section 1003(d)(2)(C) of the Federal survey methodology administered via sample designed to represent the entire Food, Drug, and Cosmetic Act (the telephone. adult U.S. population, including Hawaii FD&C Act) (21 U.S.C. 393(d)(2)(C)) In addition, building on concurrent and Alaska, and including bilingual authorizes FDA to conduct research FDA research regarding drug risk (Spanish-speaking) respondents. As 1 relating to drugs and other FDA information, we will assess risk reflected in the overall population of regulated products in carrying out the perceptions as influenced by opening low to non-Internet users, we intend to provisions of the FD&C Act. statements that could be used to collect a small sample of Spanish- Prescription drug advertising introduce risks in DTC prescription speaking individuals, which comprise a regulations require that broadcast drug broadcast ads. Opening statements subsample of the regular landline and advertisements containing product may be used to frame risk information cell phone RDD sampling frames. We claims present the product’s major side that follows. As such, consumers may may also screen for past and present prescription drug use in order to ensure effects and contraindications in either interpret the likelihood, magnitude, and a motivated sample. audio or audio and visual parts of the duration of risks differently depending on how those risks are introduced (Refs. Survey Protocol. This survey will be advertisement (21 CFR 202.1(e)(1)); this conducted by telephone on landline and is often called the major statement. The 6–9). The intended outcome of this component of the research is to evaluate cell phones, with an expected 50 to 60 regulations also require that broadcast percent of interviews conducted on cell advertisements contain a brief summary the influence of these opening statements within a sample of low to phones. Interviewing for the pretest and of all necessary information related to main study will be conducted via side effects and contraindications or non-Internet users. This research question will be addressed using a 1 × SSRS’s computer-assisted telephone that ‘‘adequate provision’’ be made for interviewing (CATI) system. We expect dissemination of the approved package 3 between-subjects experimental design embedded in the previously mentioned to achieve a roughly 40 percent survey labeling in connection with the completion rate from the pre-identified broadcast (21 CFR 202.1(e)(1)). The survey. This particular component of the research will serve as an exploratory respondents to be sampled in this study, requirement for adequate provision is given an 8-week field period and a generally fulfilled when a firm gives test intended to inform FDA’s future research efforts. maximum of 10 attempts to reach consumers the option of obtaining FDA- respondents. The original SSRS required labeling or other information Sampling Frame. Given that older adults (i.e., those aged 65 and older) are Omnibus from which this sample is via a toll-free telephone number, derived receives an approximately 8 to through print advertisements or product among the largest consumers of prescription drugs (Ref. 10) and that 12 percent response rate. These are not brochures, through information uncommon response rates for high- disseminated at health care provider approximately 41 percent of older adults do not use the Internet (Ref. 2), quality surveys and have been found to offices or pharmacies, and through the yield accurate estimates (Refs. 11 and Internet (Ref. 1). The purpose of investigating use of adequate provision in this population is especially 12). including all four elements is to ensure As communicated earlier, the primary important. Also of concern, 34 percent that most of a potentially diverse focus of interview questions concern the of those with less than a high school audience can access the information. ability and willingness of low to non- education do not use the Internet, 23 Internet accessibility is increasing, but Internet users to utilize the various percent of individuals with household many members of sensitive components of adequate provision, incomes lower than $30,000 per year do demographic groups (e.g., older adults, particularly the 1–800 number and print low socioeconomic status individuals) not use the Internet, and 22 percent of ad components. In addition to these nonetheless report that the Internet is individuals living in rural areas do not questions, experimental manipulations inaccessible to them either as a resource use the Internet (Ref. 2). These estimates will be embedded in the survey as an or due to limited knowledge, and so a capture non-Internet users, and so exploratory test to assess the impact of Web site alone may not adequately serve consideration of low-Internet users opening statements that could be used all potential audiences (Refs. 2 and 3). warrants additional concern. Consistent to introduce risks in DTC prescription Similarly, some consumers may prefer with these citations, the present drug broadcast ads, which is a related to consult sources other than a health research will utilize a nationally concept. To form the experimental care provider to conduct initial representative sample of low to non- manipulations, participants will be research, for privacy reasons or Internet users from these and other presented with a statement of major otherwise (Refs. 1, 4, and 5). In light of relevant demographic groups. risks and side effects (‘‘the major these considerations, the 1–800 number Data collection will utilize a random statement’’) drawn from a real and print ad may provide special value digit dialing (RDD) sample that has been prescription drug product, but modified to consumers who are low to non- pre-identified as being a non-Internet to include only serious and actionable Internet users and/or those who value risks. Preceding this description of 1 https://www.federalregister.gov/documents/ privacy when conducting initial 2015/01/13/2015-00269/agency-information- major risks will be one of three opening research on a medication, though not collection-activities-submission-for-office-of- statements: (1) ‘‘[Drug] can cause severe, necessarily unique value relative to one management-and-budget-review. life threatening reactions. These include

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. . .’’; (2) ‘‘[Drug] can cause serious study is ready for execution. To test the various demographic groups in the reactions. These include . . .’’; or (3) protocol among the target groups, we sample. ‘‘[Drug] can cause reactions. These will seek to recruit a mix of participants Measurement and Planned Analyses. include . . .’’ All risk statements will based on demographic and other Consistent with the larger purpose of conclude with the following language: characteristics of interest. We do not the study, survey questions will ‘‘This is not a full list of risks and side plan to use incentives for the pretest or examine access, technical ability, and effects. Talk to your doctor and read the main study portions of this survey. willingness to use adequate provision patient labeling for more information.’’ However, upon request, cell phone options; preference for and experience Participants will be randomly assigned respondents may be offered $5 to cover using adequate provision options; to experimental condition, and all the cost of their cell phone minutes. privacy concerns; and potentially other manipulations will be pre-recorded to secondary questions of interest. In allow for consistent administration. Questionnaire development is an addition, to assess the impact of the Following exposure to these iterative process and so the main study experimental manipulations, survey manipulations, participants will questionnaire will include any changes questions will assess perceived risk respond to several questions designed to from pretesting, as well as other likelihood, perceived risk magnitude, assess risk perceptions. outcomes, such as OMB and public and perceived risk duration. Before the main study, we will comments, or cognitive interviewing. Demographic information will also be execute a pretest with a sample of 25 Like pretesting, the main study collected. To examine differences participants from the same sampling questionnaire should take between experimental conditions, we frame as outlined in this document. The approximately 15 minutes to complete. will conduct inferential statistical tests pretest questionnaire will take Based on a power analyses, the main such as analysis of variance. A copy of approximately 15 minutes to complete. study sample will include the draft questionnaire is available upon The goal of the pretest will be to assess approximately 1,996 participants. This request. the questionnaire’s format and the sample size will allow us to draw FDA estimates the burden of this general protocol to ensure that the main statistical comparisons between the collection of information as follows:

TABLE 1—ESTIMATED REPORTING BURDEN 1

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

Pretest Screener ...... 63 1 63 0.05 (3 minutes) 3.15 Pretest Survey ...... 25 1 25 0.25 (15 min- 6.25 utes). Main Study Screener ...... 4,990 1 4,990 0.05 (3 minutes) 249.5 Main Study Survey ...... 1,996 1 1,996 0.25 (15 min- 499 utes).

Total Hours ...... 757.9 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

II. References 5. DeLorme, D. E., J. Huh, and L. N. Reid Making, 22: pp. 76–83. (2011). ‘‘Source Selection in Prescription 10. National Center for Health Statistics. 1. U.S. Department of Health and Human Drug Information Seeking and ‘‘Health, United States, 2015: With Services, Food and Drug Administration Influencing Factors: Applying the (1999). ‘‘Guidance for Industry: Special Feature on Racial and Ethnic Comprehensive Model of Information Health Disparities.’’ Hyattsville, MD. Consumer-Directed Broadcast Seeking in an American Context.’’ 2016. Advertisements.’’ Available at https:// Journal of Health Communication, 16: www.fda.gov/RegulatoryInformation/ pp. 766–787. 11. Brick, J. M. and D. Williams (2013). Guidances/ucm125039.htm. 6. O’Donoghue, A. C., H. W. Sullivan, K. J. ‘‘Explaining Rising Nonresponse Rates in 2. Anderson, M. and A. Perrin (2016). ‘‘13% Aikin, et al. (2014). ‘‘Important Safety Cross-Sectional Surveys.’’ The Annals of of Americans Don’t Use the Internet: Information or Important Risk the American Academy of Political and Who Are They?’’ Pew Research Center. Information? A Question of Framing in Social Science, 645: pp. 36–59. Available at http:// Prescription Drug Advertisements.’’ 12. Groves, R. M. (2006). ‘‘Nonresponse Rates www.pewresearch.org/fact-tank/2016/ Therapeutic Innovation and Regulatory and Nonresponse Bias in Household 09/07/some-americans-dont-use-the- Science, 48: pp. 305–307. doi: 10.1177/ Surveys.’’ Public Opinion Quarterly, 70: internet-who-are-they/. 2168479013510306 pp. 646–675. 3. U.S. Department of Commerce, U.S. 7. Kahneman, D. (2011). Thinking, Fast and Census Bureau (2013). ‘‘Computer and Slow. New York, NY: Farrar, Straus, and Dated: June 5, 2017. Internet Use in the United States: Giroux. Anna K. Abram, Population Characteristics.’’ Available at 8. Rothman, A. J. and P. Salovey (1997). https://www.census.gov/prod/2013pubs/ ‘‘Shaping Perceptions To Motivate Deputy Commissioner for Policy, Planning, p20-569.pdf. Healthy Behavior: The Role of Message Legislation, and Analysis. 4. Fox, S. and L. Rainie (2002). ‘‘Vital Framing.’’ Psychological Bulletin, 121: [FR Doc. 2017–12067 Filed 6–9–17; 8:45 am] Decisions: How Internet Users Decide pp. 3–19. BILLING CODE 4164–01–P What Information to Trust When They or 9. Armstrong, K., J. S. Schwartz, G. Their Loved Ones Are Sick. Pew Internet Fitzgerald, et al. (2002). ‘‘Effect of & American Life Project.’’ Available at Framing as Gain Versus Loss on http://www.pewinternet.org/2002/05/22/ Understanding and Hypothetical main-report-the-search-for-online- Treatment Choices: Survival and medical-help/. Mortality Curves.’’ Medical Decision

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DEPARTMENT OF HEALTH AND carry out an electronic product radiation Form FDA 2767 ‘‘Notice of Availability of HUMAN SERVICES control program, including the Sample Electronic Product’’ development, issuance, and Form FDA 2877 ‘‘Declaration for Imported Food and Drug Administration administration of performance Electronic Products Subject to Radiation Control Standards’’ [Docket No. FDA–2013–N–0618] standards to control the emission of Form FDA 3649 ‘‘Accidental Radiation electronic product radiation from Occurrence (ARO)’’ Agency Information Collection electronic products. The program is Form FDA 3626 ‘‘A Guide for the Activities; Submission for Office of designed to protect the public health Submission of Initial Reports on Diagnostic Management and Budget Review; and safety from electronic radiation, and X-Ray Systems and Their Major Comment Request; Electronic the FD&C Act authorizes the Secretary Components’’ Products to procure (by negotiation or otherwise) Form FDA 3627 ‘‘Diagnostic X-Ray CT electronic products for research and Products Radiation Safety Report’’ Form FDA 3628 ‘‘General Annual Report AGENCY: Food and Drug Administration, testing purposes and to sell or otherwise HHS. (Includes Medical, Analytical, and dispose of such products. Section 534(g) Industrial X-Ray Products Annual Report)’’ ACTION: Notice. of the FD&C Act directs the Secretary to Form FDA 3629 ‘‘Abbreviated Report’’ review and evaluate industry testing Form FDA 3630 ‘‘Guide for Preparing SUMMARY: The Food and Drug programs on a continuing basis; and Product Reports on Sunlamps and Administration (FDA) is announcing section 535(e) and (f) of the FD&C Act Sunlamp Products’’ that a proposed collection of directs the Secretary to immediately Form FDA 3631 ‘‘Guide for Preparing information has been submitted to the notify manufacturers of, and ensure Annual Reports on Radiation Safety Office of Management and Budget Testing of Sunlamp Products’’ correction of, radiation defects or (OMB) for review and clearance under Form FDA 3632 ‘‘Guide for Preparing noncompliance with performance the Paperwork Reduction Act of 1995. Product Reports on Lasers and Products standards. Section 537(b) of the FD&C Containing Lasers’’ DATES: Fax written comments on the Act contains the authority to require Form FDA 3633 ‘‘General Variance collection of information by July 12, manufacturers of electronic products to Request’’ 2017. establish and maintain records Form FDA 3634 ‘‘Television Products ADDRESSES: To ensure that comments on (including testing records), make Annual Report’’ the information collection are received, reports, and provide information to Form FDA 3635 ‘‘Laser Light Show OMB recommends that written determine whether the manufacturer Notification’’ comments be faxed to the Office of Form FDA 3636 ‘‘Guide for Preparing has acted in compliance. Annual Reports on Radiation Safety Information and Regulatory Affairs, The regulations under parts 1002 Testing of Laser and Laser Light Show OMB, Attn: FDA Desk Officer, FAX: through 1010 specify reports to be Products’’ 202–395–7285, or emailed to oira_ provided by manufacturers and Form FDA 3637 ‘‘Laser Original Equipment [email protected]. All distributors to FDA and records to be Manufacturer (OEM) Report’’ comments should be identified with the maintained in the event of an Form FDA 3638 ‘‘Guide for Filing Annual OMB control number 0910–0025. Also investigation of a safety concern or a Reports for X-Ray Components and include the FDA docket number found product recall. FDA conducts laboratory Systems’’ in brackets in the heading of this compliance testing of products covered Form FDA 3639 ‘‘Guidance for the document. Submission of Cabinet X-Ray System by regulations for product standards in Reports Pursuant to 21 CFR 1020.40’’ FOR FURTHER INFORMATION CONTACT: parts 1020, 1030, 1040, and 1050. Form FDA 3640 ‘‘Reporting Guide for Laser JonnaLynn Capezzuto, Office of FDA details product-specific Light Shows and Displays’’ Operations, Food and Drug performance standards that specify Form FDA 3147 ‘‘Application for a Administration, Three White Flint information to be supplied with the Variance From 21 CFR 1040.11(c) for a North 10A63, 11601 Landsdown St., product or require specific reports. The Laser Light Show, Display, or Device’’ information collections are either Form FDA 3641 ‘‘Cabinet X-Ray Annual North Bethesda, MD 20852, 301–796– Report’’ 3794, [email protected]. specifically called for in the FD&C Act or were developed to aid the Agency in Form FDA 3642 ‘‘General Correspondence’’ SUPPLEMENTARY INFORMATION: In Form FDA 3643 ‘‘Microwave Oven performing its obligations under the compliance with 44 U.S.C. 3507, FDA Products Annual Report’’ has submitted the following proposed FD&C Act. The data reported to FDA Form FDA 3644 ‘‘Guide for Preparing collection of information to OMB for and the records maintained are used by Product Reports for Ultrasonic Therapy review and clearance. FDA and the industry to make decisions Products’’ and take actions that protect the public Form FDA 3645 ‘‘Guide for Preparing Electronic Products OMB Control from radiation hazards presented by Annual Reports for Ultrasonic Therapy Number 0910–0025—Reinstatement electronic products. This information Products’’ Form FDA 3646 ‘‘Mercury Vapor Lamp Under sections 532 through 542 of the refers to the identification of, location of, operational characteristics of, quality Products Radiation Safety Report’’ Federal Food, Drug, and Cosmetic Act Form FDA 3647 ‘‘Guide for Preparing (the FD&C Act) (21 U.S.C. 360ii through assurance programs for, and problem Annual Reports on Radiation Safety 360ss), FDA has the responsibility to identification and correction of Testing of Mercury Vapor Lamps’’ protect the public from unnecessary electronic products. The data provided Form FDA 3659 ‘‘Reporting and exposure of radiation from electronic to users and others are intended to Compliance Guide for Television products. The regulations issued under encourage actions to reduce or eliminate Products’’ these authorities are listed in Title 21 of radiation exposures. Form FDA 3660 ‘‘Guidance for Preparing the Code of Federal Regulations, chapter FDA uses the following forms to aid Reports on Radiation Safety of Microwave Ovens’’ I, subchapter J, parts 1000 through 1050 respondents in the submission of information for this information Form FDA 3661 ‘‘A Guide for the (21 CFR parts 1000 through 1050). Submission of an Abbreviated Report on X- Section 532 of the FD&C Act directs collection: Ray Tables, Cradles, Film Changers or the Secretary of Health and Human Form FDA 2579 ‘‘Report of Assembly of a Cassette Holders Intended for Diagnostic Services (the Secretary), to establish and Diagnostic X-Ray System’’ Use’’

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Form FDA 3662 ‘‘A Guide for the derived by consultation with FDA and which the FDA distributes and collects Submission of an Abbreviated Radiation industry personnel, and are based on Form FDA 2579, ‘‘Report of Assembly of Safety Report on Cephalometric Devices data collected from industry, including a Diagnostic X-Ray System.’’ While Intended for Diagnostic Use’’ recent product report submissions. An these comments were not responsive to Form FDA 3663 ‘‘Abbreviated Reports on Radiation Safety for Microwave Products evaluation of the type and scope of the four information collection-related (Other than Microwave Ovens)’’ information requested was also used to topics on which we requested comment, Form FDA 3801 ‘‘Guide for Preparing Initial derive some time estimates. FDA would like to provide assurance Reports and Model Change Reports on In the Federal Register of November that these comments have been noted Medical Ultraviolet Lamps and Products 10, 2016 (81 FR 79030), FDA published and are being considered as part of Containing Such Lamps’’ a 60-day notice requesting public FDA’s efforts to review the process by The respondents to this information comment on the proposed collection of which Form FDA 2579 is distributed collection are electronic product and x- information. and collected. ray manufacturers, importers, and FDA received five comments relating FDA estimates the burden of this assemblers. The burden estimates were to potential changes to the process by collection of information as follows: TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 12

Number of Number of responses Total annual Average Activity/21 CFR section FDA form No. respondents per responses burden per Total hours respondent response

Product reports—1002.10(a) through (k) 3626—Diagnostic x-ray; 3627—CT x-ray; 1,400 2.2 3,080 24...... 73,920 3639—Cabinet x-ray; 3632—Laser; 3640—Laser light show; 3630—Sun- lamp; 3646—Mercury vapor lamp; 3644—Ultrasonic therapy; 3659—TV; 3660—Microwave oven; 3801—UV lamps. Product safety or testing changes— ...... 480 2.5 1,200 .5 (30 minutes) ..... 600 1002.11(a) and (b). Abbreviated reports—1002.12...... 3629—General abbreviated report; 60 1.8 108 5...... 540 3661—X-ray tables, etc.; 3662— Cephalometric device; 3663—Micro- wave products (non-oven). Annual reports—1002.13(a) and (b) ...... 3628—General; 3634—TV; 3638—Diag- 1,660 1.3 2,158 18...... 38,844 nostic x-ray; 3641—Cabinet x-ray; 3643—Microwave oven; 3636—Laser; 3631—Sunlamp; 3647—Mercury vapor lamp; 3645—Ultrasonic therapy. Quarterly updates for new models— ...... 120 1.4 168 .5 (30 minutes) ..... 84 1002.13(c). Accidental radiation occurrence reports— 3649—ARO ...... 30 6.7 201 2...... 402 1002.20. Exemption requests—1002.50(a) and 3642—General correspondence ...... 4 1.3 5 1 ...... 5 1002.51. Product and sample information— 2767—Sample product ...... 5 1 5 .1 (6 minutes) ...... 1 1005.10. Identification information and compliance 2877—Imports declaration ...... 12,620 2.5 31,550 .2 (12 minutes) ..... 6,310 status—1005.25. Alternate means of certification— ...... 1 2 2 5...... 10 1010.2(d). Variance—1010.4(b) ...... 3633—General variance request; 3147— 350 1.1 385 1.2...... 462 Laser show variance request; 3635— Laser show notification. Exemption from performance stand- ...... 1 1 1 22...... 22 ards—1010.5(c) and (d). Alternate test procedures—1010.13 ...... 1 1 1 10 ...... 10 Report of assembly of diagnostic x-ray 2579—Assembler report ...... 1,230 34 41,820 .30 (18 minutes) ... 12,546 components—1020.30(d), (d)(1), and (2). Microwave oven exemption from warning ...... 1 1 1 1...... 1 labels—1030.10(c)(6)(iv). Laser products registration— 3637—OEM report ...... 70 2.9 203 3 ...... 609 1040.10(a)(3)(i).

Total ...... 134,366 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Numbers have been rounded.

TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 12

Number of Average Activity/21 CFR section Number of records per Total annual burden per Total hours recordkeepers recordkeeper records recordkeeping

Manufacturers records—1002.30 and 1002.31(a) ...... 1,650 1,650 2,722,500 .12 (7 minutes) 326,700 Dealer/distributor records—1002.40 and 1002.41 ...... 3,110 50 155,500 .05 (3 minutes) 7,775 Information on diagnostic x-ray systems—1020.30(g) ..... 50 1 50 .5 (30 minutes) 25

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TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 12—Continued

Number of Average Activity/21 CFR section Number of records per Total annual burden per Total hours recordkeepers recordkeeper records recordkeeping

Laser products distribution records—1040.10(a)(3)(ii) ..... 70 1 70 1 ...... 70

Total ...... 334,570 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Numbers have been rounded.

TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 12

Number of Number of disclosures Total annual Average Activity/21 CFR section respondents per disclosures burden per Total hours respondent disclosure

Technical and safety information for users—1002.3 ...... 1 1 1 12 12 Dealer/distributor records—1002.40 and 1002.41 ...... 30 3 90 1 90 Television receiver critical component warning— 1020.10(c)(4) ...... 1 1 1 1 1 Cold-cathode tubes—1020.20(c)(4) ...... 1 1 1 1 1 Information on diagnostic x-ray systems—1020.30(g) ...... 6 1 6 55 330 Statement of maximum line current of x-ray systems— 1020.30(g)(2) ...... 6 1 6 10 60 Diagnostic x-ray system safety and technical information— 1020.30(h)(1) through (4) ...... 6 1 6 200 1,200 Fluoroscopic x-ray system safety and technical informa- tion—1020.30(h)(5) and (6) and 1020.32(a)(1), (g), and (j)(4) ...... 5 1 5 25 125 CT equipment—1020.33(c), (d), (g)(4), and (j) ...... 5 1 5 150 750 Cabinet x-ray systems information—1020.40(c)(9)(i) and (ii) ...... 6 1 6 40 240 Microwave oven radiation safety instructions— 1030.10(c)(4) ...... 1 1 1 20 20 Microwave oven safety information and instructions— 1030.10(c)(5)(i) through (iv) ...... 1 1 1 20 20 Microwave oven warning labels—1030.10(c)(6)(iii) ...... 1 1 1 1 1 Laser products information—1040.10(h)(1)(i) through (vi) .. 3 1 3 20 60 Laser product service information—1040.10(h)(2)(i) and (ii) 3 1 3 20 60 Medical laser product instructions—1040.11(a)(2) ...... 2 1 2 10 20 Sunlamp products instructions—1040.20 ...... 1 1 1 10 10 Mercury vapor lamp labeling—1040.30(c)(1)(ii) ...... 1 1 1 1 1 Mercury vapor lamp permanently affixed labels— 1040.30(c)(2) ...... 1 1 1 1 1 Ultrasonic therapy products—1050.10(d)(1) through (4), (f)(1), and (f)(2)(iii) ...... 1 1 1 56 56

Total ...... 3,058 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Numbers have been rounded.

Dated: May 25, 2017. DEPARTMENT OF HEALTH AND Food and Drug Administration. The Anna K. Abram, HUMAN SERVICES general function of the committee is to Deputy Commissioner for Policy, Planning, provide advice to the Commissioner of Legislation, and Analysis. Food and Drug Administration Food and Drugs and other appropriate [FR Doc. 2017–12104 Filed 6–9–17; 8:45 am] officials on specific, complex scientific [Docket No. FDA–2017–N–0001] and technical issues important to FDA BILLING CODE 4164–01–P Science Board to the Food and Drug and its mission, including emerging Administration Advisory Committee; issues within the scientific community. Notice of Meeting Additionally, the Science Board provides advice to the Agency on AGENCY: Food and Drug Administration, keeping pace with technical and HHS. scientific developments including in ACTION: Notice. regulatory science, input into the Agency’s research agenda, and on SUMMARY: The Food and Drug upgrading its scientific and research Administration (FDA) announces a facilities and training opportunities. It forthcoming public advisory committee will also provide, where requested, meeting of the Science Board to the expert review of Agency sponsored

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intramural and extramural scientific meeting, the background material will Dated: June 6, 2017. research programs. This meeting is open be made publicly available at the Anna K. Abram, to the public. location of the advisory committee Deputy Commissioner for Policy, Planning, DATES: The meeting will be held on June meeting, and the background material Legislation, and Analysis. 26, 2017, from 9 a.m. to 2 p.m. will be posted on FDA’s Web site after [FR Doc. 2017–12036 Filed 6–9–17; 8:45 am] ADDRESSES: FDA White Oak Campus, the meeting. Background material is BILLING CODE 4164–01–P 10903 New Hampshire Ave., Bldg. 31, available at https://www.fda.gov/ Rm. 1406, Silver Spring, MD 20993. AdvisoryCommittees/Calendar/ This meeting will take place via audio default.htm. Scroll down to the DEPARTMENT OF HEALTH AND HUMAN SERVICES Webcast. To access the link for the appropriate advisory committee meeting audio Webcast check the Agency’s Web link. Agency Information Collection site at https://www.fda.gov/ Activities: Proposed Collection; AdvisoryCommittees/default.htm and Procedure: Interested persons may Comment Request; Generic Clearance scroll down to the appropriate advisory present data, information, or views, for the Collection of Qualitative committee meeting link. Answers to orally or in writing, on issues pending Feedback on Agency Service Delivery commonly asked questions including before the committee. Written information regarding special submissions may be made to the contact AGENCY: U.S. Department of Health and accommodations due to a disability, person on or before June 19, 2017. Oral Human Services. visitor parking, and transportation may presentations from the public will be ACTION: 30-Day notice of submission of be accessed at: https://www.fda.gov/ scheduled between approximately 1 information collection approval from AdvisoryCommittees/ p.m. and 2 p.m. Those individuals the Office of Management and Budget AboutAdvisoryCommittees/ interested in making formal oral and request for comments. ucm408555.htm. presentations should notify the contact For those unable to access the audio person and submit a brief statement of SUMMARY: As part of a Federal Webcast, a conference room with a the general nature of the evidence or Government-wide effort to streamline speakerphone will be reserved at the arguments they wish to present, the the process to seek feedback from the meeting location provided at the names and addresses of proposed public on service delivery, U.S. beginning of the ADDRESSES section. participants, and an indication of the Department of Health and Human Services has submitted a Generic Seating is limited and is available on a approximate time requested to make first come, first served basis. Information Collection Request (Generic their presentation on or before June 9, FOR FURTHER INFORMATION CONTACT: ICR): ‘‘Generic Clearance for the 2017. Time allotted for each Collection of Qualitative Feedback on Rakesh Raghuwanshi, Office of the presentation may be limited. If the Chief Scientist, Office of the Agency Service Delivery ’’ to OMB for number of registrants requesting to Commissioner, Food and Drug approval under the Paperwork speak is greater than can be reasonably Administration, 10903 New Hampshire Reduction Act (PRA) (44 U.S.C. 3501 et. Ave., Bldg. 1, Rm. 3309, Silver Spring accommodated during the scheduled seq.). MD 20993, 301–796–4769, open public hearing session, FDA may DATES: Comments on the ICR must be [email protected], or conduct a lottery to determine the received on or before July 12, 2017. speakers for the scheduled open public FDA Advisory Committee Information ADDRESSES: Submit your comments to Line, 1–800–741–8138 (301–443–0572 hearing session. The contact person will [email protected] or via in the Washington, DC area). A notice in notify interested persons regarding their facsimile to (202) 395–5806. the Federal Register about last minute request to speak by June 12, 2017. FOR FURTHER INFORMATION CONTACT: modifications that impact a previously Persons attending FDA’s advisory Report Clearance Officer, announced advisory committee meeting committee meetings are advised that the [email protected] or (202) 795– cannot always be published quickly Agency is not responsible for providing 7714. enough to provide timely notice. access to electrical outlets. SUPPLEMENTARY INFORMATION: Therefore, you should always check the FDA welcomes the attendance of the Title: Generic Clearance for the Agency’s Web site at https:// Collection of Qualitative Feedback on www.fda.gov/AdvisoryCommittees/ public at its advisory committee meetings and will make every effort to Agency Service Delivery default.htm and scroll down to the Abstract: The information collection accommodate persons with disabilities. appropriate advisory committee meeting activity will garner qualitative customer link, or call the advisory committee If you require accommodations due to a and stakeholder feedback in an efficient, information line to learn about possible disability, please contact Rakesh timely manner, in accordance with the modifications before coming to the Raghuwanshi at least 7 days in advance Administration’s commitment to meeting. of the meeting. improving service delivery. By SUPPLEMENTARY INFORMATION: FDA is committed to the orderly qualitative feedback we mean Agenda: The Science Board will hear conduct of its advisory committee information that provides useful an update on FDA’s biotechnology meetings. Please visit our Web site at insights on perceptions and opinions, activities related to plant-derived food https://www.fda.gov/ but are not statistical surveys that yield and animals and will hear a report from AdvisoryCommittees/ quantitative results that can be the National Antibiotic Resistance AboutAdvisoryCommittees/ generalized to the population of study. Monitoring System Review ucm111462.htm for procedures on This feedback will provide insights into Subcommittee. public conduct during advisory customer or stakeholder perceptions, FDA intends to make background committee meetings. experiences and expectations, provide material available to the public no later an early warning of issues with service, than 2 business days before the meeting. Notice of this meeting is given under or focus attention on areas where If FDA is unable to post the background the Federal Advisory Committee Act (5 communication, training or changes in material on its Web site prior to the U.S.C. app. 2). operations might improve delivery of

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products or services. These collections DEPARTMENT OF HEALTH AND Contact Person: Amy Kathleen Wernimont, will allow for ongoing, collaborative and HUMAN SERVICES PhD., Scientific Review Officer, Center for actionable communications between the Scientific Review, 6701 Rockledge Drive, Agency and its customers and National Institutes of Health Bethesda, MD 20892, 301–827–6427, stakeholders. It will also allow feedback [email protected]. to contribute directly to the Center for Scientific Review; Notice of Name of Committee: Center for Scientific improvement of program management. Closed Meetings Review Special Emphasis Panel; Immigrant Women’s Health. Feedback collected under this generic Pursuant to section 10(d) of the Date: June 30, 2017. clearance will provide useful Federal Advisory Committee Act, as Time: 8:00 a.m. to 5:00 p.m. information, but it will not yield data amended (5 U.S.C. App.), notice is Agenda: To review and evaluate grant that can be generalized to the overall hereby given of the following meetings. applications. population. This type of generic The meetings will be closed to the Place: The Dupont Hotel, 1500 New clearance for qualitative information public in accordance with the Hampshire Avenue NW., Washington, DC will not be used for quantitative provisions set forth in sections 20036. information collections that are 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Martha L Hare, RN, PhD., designed to yield reliably actionable as amended. The grant applications and Scientific Review Officer, Center for results, such as monitoring trends over the discussions could disclose Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3154, time or documenting program confidential trade secrets or commercial MSC 7770, Bethesda, MD 20892, (301) 451– performance. Such data uses require property such as patentable material, 8504, [email protected]. more rigorous designs that address: the and personal information concerning Name of Committee: Center for Scientific target population to which individuals associated with the grant Review Special Emphasis Panel; Member generalizations will be made, the applications, the disclosure of which Conflict: Acute Brain Injury and sampling frame, the sample design would constitute a clearly unwarranted Regeneration. (including stratification and clustering), invasion of personal privacy. Date: July 3, 2017. the precision requirements or power Name of Committee: Center for Scientific Time: 2:00 p.m. to 5:00 p.m. calculations that justify the proposed Review Special Emphasis Panel; Member Agenda: To review and evaluate grant sample size, the expected response rate, Conflict: Epidemiology. applications. methods for assessing potential non- Date: June 19, 2017. Place: National Institutes of Health, 6701 response bias, the protocols for data Time: 1:00 p.m. to 4:00 p.m. Rockledge Drive, Bethesda, MD 20892 collection, and any testing procedures Agenda: To review and evaluate grant (Telephone Conference Call). Contact Person: Alexander Yakovlev, PhD., that were or will be undertaken prior applications. Place: National Institutes of Health, 6701 Scientific Review Officer, Center for fielding the study. Depending on the Rockledge Drive, Bethesda, MD 20892 Scientific Review, National Institutes of degree of influence the results are likely (Telephone Conference Call). Health, 6701 Rockledge Drive, Room 5206, to have, such collections may still be Contact Person: Heidi B Friedman, PhD., MSC 7846, Bethesda, MD 20892–7846, 301– eligible for submission for other generic Scientific Review Officer, Center for 435–1254, [email protected]. mechanisms that are designed to yield Scientific Review, National Institutes of (Catalogue of Federal Domestic Assistance quantitative results. Health, 6701 Rockledge Drive, Room 1012A, Program Nos. 93.306, Comparative Medicine; The Agency received 0 comments MSC 7770, Bethesda, MD 20892, 301–379– 93.333, Clinical Research, 93.306, 93.333, were received in response to the 60-day 5632, [email protected]. 93.337, 93.393–93.396, 93.837–93.844, notice published in the Federal Register This notice is being published less than 15 93.846–93.878, 93.892, 93.893, National of March 14, 2017 (79 FR 18692). days prior to the meeting due to the timing Institutes of Health, HHS) limitations imposed by the review and Current Actions: New collection of funding cycle. Dated: June 6, 2017. information. Name of Committee: Center for Scientific Sylvia L. Neal, Type of Review: New Collection. Review Special Emphasis Panel; Program Analyst, Office of Federal Advisory Affected Public: Individuals, Experimental and Bioinformatic Approaches Committee Policy. households, professionals, public/ in the Druggable Genome. [FR Doc. 2017–12030 Filed 6–9–17; 8:45 am] private sector. Date: June 26, 2017. Time: 10:00 a.m. to 5:00 p.m. BILLING CODE 4140–01–P Average Expected Annual Number of Agenda: To review and evaluate grant Activities: 600. applications and/or proposals. Respondents per Activity: 50. Place: National Institutes of Health, 6701 DEPARTMENT OF HEALTH AND Annual Responses: 30,000. Rockledge Drive, Bethesda, MD 20892, HUMAN SERVICES (Virtual Meeting). Frequency of Response: Once per Substance Abuse and Mental Health request. Contact Person: Luis Dettin, PhD., Scientific Review Officer, Center for Services Administration Average Minutes per Response: 30. Scientific Review, National Institutes of Burden Hours: 500,000 hours Health, 6701 Rockledge Drive, Room 2208, Agency Information Collection annually. Bethesda, MD 20892, 301 451 1327, Activities: Submission for OMB An agency may not conduct or [email protected]. Review; Comment Request sponsor, and a person is not required to Name of Committee: Center for Scientific respond to, a collection of information Review Special Emphasis Panel; Mentored Periodically, the Substance Abuse and unless it displays a currently valid Training in Comparative and Veterinary Mental Health Services Administration Medicine. Office of Management and Budget (SAMHSA) will publish a summary of Date: June 27, 2017. information collection requests under control number. Time: 2:00 p.m. to 4:00 p.m. OMB review, in compliance with the Darius Taylor, Agenda: To review and evaluate grant applications. Paperwork Reduction Act (44 U.S.C. Deputy Information Collection Officer. Place: National Institutes of Health, 6701 Chapter 35). To request a copy of these [FR Doc. 2017–12046 Filed 6–9–17; 8:45 am] Rockledge Drive, Bethesda, MD 20892 documents, call the SAMHSA Reports BILLING CODE 4150–25–P (Telephone Conference Call). Clearance Officer on (240) 276–1243.

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Project: Project—Division of State Monitoring data on SPF model will more targeted NOMs indicators Programs—Management Reporting allow SAMHSA project officers to (Outcome); Tool (DSP–MRT) (OMB No. 0930– systematically collect data to monitor • Number of grantees who integrate 0354)—Revision their grant program performance and Prescription Drug Monitoring Data into outcomes along with grantee technical their program needs assessment. The Substance Abuse and Mental assistance needs. In addition to Changes to this package include the Health Services Administration assessing activities related to the SPF following: (SAMHSA)’s Center for Substance steps, the performance monitoring • Standard language for all DSP–MRT Abuse Prevention (CSAP) aims to instruments covered in this statement questions; address two of SAMHSA’s top collect data to assess the following • New disparities module to align substance abuse prevention priorities: grantee required specific performance with SAMHSA’s monitoring Underage drinking (UAD; age 12 to 20) measures: requirements; and prescription drug misuse and abuse • Number of training and technical • Updated technical assistance (PDM; age 12 to 25) through the assistance activities per funded section; Division of State Program—Monitoring community provided by the grantee to • Deletion of cost questions specific and Reporting Tool. This data collection support communities; to funding amounts and in-kind will allow all DSP programs to report • Reach of training and technical resources; into a standard tool that aligns with the assistance activities (numbers served) • Deletion of advisory council and Strategic Prevention Framework model. provided by the grantee; other workgroup sub-committee This request for data collection includes • Percentage of subrecipient questions; a revision from a previously approved communities that submit data to the • Addition of Section A specific to OMB instrument formally known as grantee data system; SPF-Rx questions; Partnerships for Success-Management • Number of sub-recipient • Addition of Section B specific to and Reporting Tool. communities that improved on one or PDO questions;

ANNUALIZED DATA COLLECTION BURDEN

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

Standard DSP Monitoring Tool ...... 117 4 468 3 1,404 Section A: Rx ...... 25 2 63 1 42 Section B: PDO ...... 23 4 100 1 100

FY2020 Total...... 117 ...... 631 ...... 1,546

Written comments and DEPARTMENT OF HEALTH AND serious mental illness (SMI) and a first recommendations concerning the HUMAN SERVICES episode psychosis (FEP)—an increase proposed information collection should from the previous five percent set aside. be sent by July 12, 2017 to the SAMHSA Substance Abuse and Mental Health The purpose of this 3-year evaluation Desk Officer at the Office of Information Services Administration is to assess the relationship between and Regulatory Affairs, Office of fidelity of selected coordinated specialty Agency Information Collection Management and Budget (OMB). To care (CSC) programs supported with Activities: Submission for OMB Mental Health Block Grant (MHBG) Ten ensure timely receipt of comments, and Review; Comment Request to avoid potential delays in OMB’s Percent Set Aside funding and participant outcomes. There are receipt and processing of mail sent Periodically, the Substance Abuse and approximately 250 sites implementing through the U.S. Postal Service, Mental Health Services Administration CSC programs with MHBG ten percent commenters are encouraged to submit (SAMHSA) will publish a summary of set aside funding. All 250 sites will be their comments to OMB via email to: information collection requests under asked to report on their implementation [email protected]. OMB review, in compliance with the through an online survey. Up to 32 CSC Although commenters are encouraged to Paperwork Reduction Act (44 U.S.C. sites across the nation will be recruited send their comments via email, Chapter 35). To request a copy of these to participate in a process and outcome documents, call the SAMHSA Reports commenters may also fax their evaluation. The data collection activities Clearance Officer on (240) 276–1243. comments to: 202–395–7285. for the Mental Health Block Grant Ten Commenters may also mail them to: Project: Mental Health Block Grant Ten Percent Set Aside Evaluation will Office of Management and Budget, Percent Set Aside Evaluation of First include the following six data collection Office of Information and Regulatory Episode Psychosis—NEW tools: Affairs, New Executive Office Building, The Substance Abuse and Mental • Site Survey: This is a one-time Room 10102, Washington, DC 20503. Health Services Administration online survey with site directors of all Summer King, (SAMHSA) is directed by Congress 250 centers using MHBG ten percent set Statistician. through its FY 2016 Omnibus bill, aside funding (not just those included in Public Law 114–113, to set aside ten the evaluation). The survey focuses on [FR Doc. 2017–12090 Filed 6–9–17; 8:45 am] percent of the Mental Health Block how centers across the U.S. are BILLING CODE 4162–20–P Grant (MHBG) allocation for each state providing services to individuals with to support evidence-based programs that First Episode Psychosis (FEP) in their provide treatment for those with early communities.

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• State Mental Health Authority Interview: • Coordinated Specialty Care (CSC) Staff • Fidelity Interview: This interview will be This is a one-time semi-structured interview Interview: This semi-structured interview conducted twice during the evaluation with with state mental health leadership in the will be conducted twice with CSC Staff at up to four CSC staff at each site. The phone states where the 32 sites in the evaluation are each of the 32 CSC sites in the evaluation interview is designed to be used in located. The interview focuses on their about the successes and challenges involved conjunction with the First Episode Psychosis thoughts and opinions about context in in implementing the CSC program. which CSC programs are implemented • Coordinated Specialty Care (CSC) Fidelity Scale (FEPS–FS) to examine whether within their state and the state’s role in the Participant Interview: This semi-structured elements of CSC are implemented at the sites. implementation of the CSC programs. interview will be conducted twice with • Agency Director/Administrator participants involved in programs at the 32 In addition, each site will provide the Interview: This semi-structured interview CSC sites in the evaluation. The purpose of evaluation team with administrative will be conducted twice with Agency the interview is to gather participant input on data on participant demographics and Director/Administrators at each of the 32 how CSC programs are operating and their outcomes (e.g., employment status, CSC sites in the evaluation about the thoughts and opinions about successes and educational status, diagnosis, living successes and challenges involved in challenges while participating in the CSC implementing the CSC program. program. situation, quality of life, symptoms).

TABLE 1—ESTIMATED BURDEN HOURS

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

State Department of Mental Health Representative: Tele- phone Interview ...... 32 1 32 2.0 64 CSC Site Directors across the country: Online survey ...... 250 1 250 0.2 50 Evaluation CSC Site: Program Director on-site interview ... 64 1 64 2.0 128 Evaluation CSC Site: Program Staff on-site interview ...... 192 1 192 2.0 384 Evaluation CSC Site: Program Staff Fidelity Telephone Interview ...... 64 4 256 4.0 1,024 Evaluation CSC Site: Program Staff data submission ...... 32 18 576 5.0 2,880 Evaluation CSC Site: Program Participant on-site interview 128 1 128 1.0 128

Total ...... 762 ...... 1,498 ...... 4,658

Written comments and INTERNATIONAL TRADE completed and filed its determination in recommendations concerning the COMMISSION this review on June 6, 2017. The views of the Commission are contained in proposed information collection should [Investigation No. 731–TA–638 (Fourth be sent by July 12, 2017 to the SAMHSA Review)] USITC Publication 4695 (June 2017), Desk Officer at the Office of Information entitled Stainless Steel Wire Rod from and Regulatory Affairs, Office of Stainless Steel Wire Rod From India India: Investigation No. 731–TA–638 Management and Budget (OMB). To (Fourth Review). DETERMINATION ensure timely receipt of comments, and By order of the Commission. 1 to avoid potential delays in OMB’s On the basis of the record developed Issued: June 6, 2017. receipt and processing of mail sent in the subject five-year review, the Lisa R. Barton, United States International Trade through the U.S. Postal Service, Secretary to the Commission. Commission (‘‘Commission’’) commenters are encouraged to submit [FR Doc. 2017–12037 Filed 6–9–17; 8:45 am] their comments to OMB via email to: determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the BILLING CODE 7020–02–P [email protected]. antidumping duty order on stainless Although commenters are encouraged to steel wire rod from India would be INTERNATIONAL TRADE send their comments via email, likely to lead to continuation or COMMISSION commenters may also fax their recurrence of material injury to an comments to: 202–395–7285. industry in the United States within a [Investigation No. 337–TA–951] Commenters may also mail them to: reasonably foreseeable time. Office of Management and Budget, Certain Lithium Metal Oxide Cathode Office of Information and Regulatory BACKGROUND Materials, Lithium-Ion Batteries for Affairs, New Executive Office Building, The Commission, pursuant to section Power Tool Products Containing Room 10102, Washington, DC 20503. 751(c) of the Act (19 U.S.C. 1675(c)), Same, and Power Tool Products With instituted this review on December 1, Lithium-Ion Batteries Containing Summer King, 2016 (81 FR 86728) and determined on Same; Notice of the Commission’s Statistician. March 6, 2017 that it would conduct an Determination To Rescind a Limited [FR Doc. 2017–12091 Filed 6–9–17; 8:45 am] expedited review (82 FR 16231, April 3, Exclusion Order BILLING CODE 4162–20–P 2017). The Commission made this AGENCY: U.S. International Trade determination pursuant to section Commission. 751(c) of the Act (19 U.S.C. 1675(c)). It ACTION: Notice. SUMMARY: Notice is hereby given that 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 the U.S. International Trade CFR 207.2(f)). Commission has determined to rescind

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a limited exclusion order prohibiting investigation as to Makita based upon DEPARTMENT OF JUSTICE importation of infringing lithium metal settlement. See Order No. 32 (Nov. 5, oxide cathode materials based upon 2015). The Commission determined not Drug Enforcement Administration settlement. to review this order. See Notice of Non- [Docket No. DEA–372] FOR FURTHER INFORMATION CONTACT: Review (Nov. 23, 2015). Panyin A. Hughes, Office of the General On February 29, 2016, the ALJ issued Exempt Chemical Preparations Under Counsel, U.S. International Trade his final initial determination (‘‘ID’’), the Controlled Substances Act Commission, 500 E Street SW., finding a violation of section 337 by AGENCY: Drug Enforcement Washington, DC 20436, telephone 202– Umicore in connection with claims 1– Administration, Department of Justice. 205–3042. Copies of non-confidential 4, 7, 13, and 14 of the ’082 patent and ACTION: Order with opportunity for documents filed in connection with this claims 1–4, 8, 9, and 17 of the ’143 comment. investigation are or will be available for patent. On May 11, 2016, the inspection during official business Commission determined to review the SUMMARY: The applications for exempt hours (8:45 a.m. to 5:15 p.m.) in the final ID in part. 81 FR 30548–50 (May chemical preparations received by the Office of the Secretary, U.S. 17, 2016). The Commission also granted Drug Enforcement Administration International Trade Commission, 500 E Umicore’s request for a Commission (DEA) between April 1, 2016, and Street SW., Washington, DC 20436, hearing. Id. On November 17, 2016, the December 31, 2016, as listed below, telephone 202–205–2000. General Commission held a hearing on were accepted for filing and have been information concerning the Commission contributory infringement, laches, and approved or denied as indicated. may also be obtained by accessing its the public interest. On review, the DATES: Interested persons may file Internet server (https://www.usitc.gov). Commission determined to affirm the written comments on this order in The public record for this investigation ALJ’s finding of violation of section 337 accordance with 21 CFR 1308.23(e). may be viewed on the Commission’s with respect to the claims identified Electronic comments must be electronic docket (EDIS) at https:// above. 81 FR 93960–62 (Dec. 22, 2016). submitted, and written comments must edis.usitc.gov. Hearing-impaired Having found a violation of section be postmarked, on or before August 11, persons are advised that information on 337, the Commission determined that 2017. Commenters should be aware that this matter can be obtained by the appropriate form of relief was: A the electronic Federal Docket contacting the Commission’s TDD limited exclusion order prohibiting the Management System will not accept terminal on 202–205–1810. unlicensed entry of lithium metal oxide comments after 11:59 p.m. Eastern Time SUPPLEMENTARY INFORMATION: The cathode materials that infringe one or on the last day of the comment period. Commission instituted the underlying more of claims 1–4, 7, 13, and 14 of the ADDRESSES: To ensure proper handling investigation on March 30, 2015, based ’082 patent, or claims 1–4, 8, 9, and 17 of comments, please reference ‘‘Docket on a complaint filed by BASF of the ’143 patent that are manufactured No. DEA–372’’ on all correspondence, Corporation of Florham Park, New by, or on behalf of, or imported by or on including any attachments. • Jersey (‘‘BASF’’) and UChicago Argonne behalf of Umicore N.V. and Umicore Electronic comments: The Drug LLC of Lemont, IL (‘‘Argonne’’) USA Inc. or any of their affiliated Enforcement Administration (DEA) (collectively, ‘‘Complainants’’). 80 FR companies, parents, subsidiaries, agents, encourages that all comments be 16696 (Mar. 30, 2015). The complaint or other related business entities, or submitted through the Federal alleged violations of section 337 of the their successors or assigns. eRulemaking Portal, which provides the Tariff Act of 1930, as amended (19 ability to type short comments directly U.S.C. 1337), in the importation into the On May 5, 2017, BASF, Argonne, and into the comment field on the Web page United States, the sale for importation, Umicore filed a joint petition under 19 or to attach a file for lengthier and the sale within the United States U.S.C. 1337(k) and Commission Rule comments. Please go to http:// after importation of certain lithium 210.76(a) (19 CFR 210.76(a)) to rescind www.regulations.gov and follow the metal oxide cathode materials, lithium- the limited exclusion order based upon online instructions at that site for ion batteries for power tool products settlement. The parties filed both submitting comments. Upon completion containing same, and power tool confidential and public versions of the of your submission you will receive a products with lithium-ion batteries settlement agreements. On May 9, 2017, Comment Tracking Number for your containing same by reason of the Commission investigative attorney comment. Please be aware that infringement of one or more of claims filed a response in support of the submitted comments are not 1–4, 7, 13, and 14 of U.S. Patent No. motion. instantaneously available for public 6,677,082 (‘‘the ’082 patent’’) and claims The Commission has determined to view on Regulations.gov. If you have 1–4, 8, 9, and 17 of U.S. Patent No. grant the petition. The limited exclusion received a comment tracking number, 6,680,143 (‘‘the ’143 patent’’). Id. The order issued in this investigation is your comment has been successfully notice of investigation named the hereby rescinded. submitted and there is no need to following respondents: Umicore N.V. of The authority for the Commission’s resubmit the same comment. • Brussels, Belgium; Umicore USA Inc. of determination is contained in section Paper comments: Paper comments Raleigh, North Carolina (collectively, 337 of the Tariff Act of 1930, as that duplicate the electronic submission ‘‘Umicore’’); Makita Corporation of amended (19 U.S.C. 1337), and in Part are not necessary and are discouraged. Anjo, Japan; Makita Corporation of 210 of the Commission’s Rules of Should you wish to mail a comment in America of Buford, Georgia; and Makita Practice and Procedure (19 CFR 210). lieu of an electronic comment, it should be sent via regular or express mail to: U.S.A. Inc. of La Mirada, California By order of the Commission. (collectively, ‘‘Makita’’). Id. The Office Drug Enforcement Administration, Issued: June 6, 2017. of Unfair Import Investigations was a Attention: DEA Federal Register party to the investigation. Lisa R. Barton, Representative/DRW, 8701 Morrissette On November 5, 2015, the ALJ Secretary to the Commission. Drive, Springfield, Virginia 22152. granted a joint motion by Complainants [FR Doc. 2017–12035 Filed 6–9–17; 8:45 am] FOR FURTHER INFORMATION CONTACT: and Makita to terminate the BILLING CODE 7020–02–P Michael J. Lewis, Diversion Control

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Division, Drug Enforcement included in the text of your electronic Exempt Chemical Preparation Administration; Mailing Address: 8701 submission that is not identified as Applications Submitted Between April Morrissette Drive, Springfield, Virginia directed above as confidential. 1, 2016, and December 31, 2016 22152; Telephone: (202) 598–6812. An electronic copy of this document The Assistant Administrator received SUPPLEMENTARY INFORMATION: is available at http:// applications between April 1, 2016, and Posting of Public Comments www.regulations.gov for easy reference. December 31, 2016, requesting exempt chemical preparation status detailed in Please note that all comments Legal Authority received are considered part of the 21 CFR 1308.23. Pursuant to the criteria public record and made available for The Drug Enforcement stated in 21 U.S.C. 811(g)(3)(B) and in public inspection online at http:// Administration (DEA) implements and 21 CFR 1308.23, the Assistant www.regulations.gov and in the DEA’s enforces titles II and III of the Administrator has found that each of the public docket. Such information Comprehensive Drug Abuse Prevention compounds, mixtures, and preparations includes personal identifying and Control Act of 1970, as amended. described in Chart I below is intended information (such as your name, Titles II and II are referred to as the for laboratory, industrial, educational, address, etc.) voluntarily submitted by ‘‘Controlled Substances Act’’ and the or special research purposes and not for the commenter. ‘‘Controlled Substances Import and general administration to a human being If you want to submit personal Export Act,’’ or the ‘‘CSA’’ for the or animal and either: (1) Contains no identifying information (such as your purpose of this action. 21 U.S.C. 801– narcotic controlled substance and is name, address, etc.) as part of your 971. The DEA publishes the packaged in such a form or comment, but do not want it to be implementing regulations for these concentration that the packaged posted online or made available in the statutes in title 21 of the Code of Federal quantity does not present any public docket, you must include the Regulations (CFR), chapter II. significant potential for abuse; or (2) contains either a narcotic or non- phrase ‘‘PERSONAL IDENTIFYING The CSA and its implementing INFORMATION’’ in the first paragraph narcotic controlled substance and one or regulations are designed to prevent, of your comment. You must also place more adulterating or denaturing agents detect, and eliminate the diversion of all the personal identifying information in such a manner, combination, controlled substances and listed you do not want posted online or made quantity, proportion, or concentration chemicals into the illicit market while available in the public docket in the first that the preparation or mixture does not ensuring an adequate supply is available paragraph of your comment and identify present any potential for abuse; if the for the legitimate medical, scientific, what information you want redacted. preparation or mixture contains a If you want to submit confidential research, and industrial needs of the narcotic controlled substance, it must be business information as part of your United States. Controlled substances formulated in such a manner that it comment, but do not want it to be have the potential for abuse and incorporates methods of denaturing or posted online or made available in the dependence and are controlled to other means so that the preparation or public docket, you must include the protect the public health and safety. mixture is not liable to be abused or phrase ‘‘CONFIDENTIAL BUSINESS Section 201 of the CSA (21 U.S.C. have ill effects if abused, and so that the INFORMATION’’ in the first paragraph 811) authorizes the Attorney General, by narcotic substance cannot in practice be of your comment. You must also regulation, to exempt from certain removed. prominently identify confidential provisions of the CSA certain Accordingly, pursuant to 21 U.S.C. business information to be redacted compounds, mixtures, or preparations 811(g)(3)(B), 21 CFR 1308.23, and 21 within the comment. containing a controlled substance, if he CFR 1308.24, the Assistant Comments containing personal finds that such compounds, mixtures, or Administrator has determined that each identifying information and confidential preparations meet the requirements of the chemical preparations or mixtures business information identified as detailed in 21 U.S.C. 811(g)(3)(B).1 The generally described in Chart I below and directed above will generally be made DEA regulations at 21 CFR 1308.23 and specifically described in the application publicly available in redacted form. If a 1308.24 further detail the criteria by materials received by the DEA, is comment has so much confidential which the DEA Assistant Administrator exempt, to the extent described in 21 business information that it cannot be may exempt a chemical preparation or CFR 1308.24, from application of effectively redacted, all or part of that mixture from certain provisions of the sections 302, 303, 305, 306, 307, 308, comment may not be made publicly CSA. The Assistant Administrator may, 309, 1002, 1003, and 1004 (21 U.S.C. available. Comments posted to http:// pursuant to 21 CFR 1308.23(f), modify 822–823, 825–829, and 952–954) of the www.regulations.gov may include any or revoke the criteria by which CSA, and 21 CFR 1301.74, as of the date personal identifying information (such exemptions are granted and modify the that was provided in the approval letters as name, address, and phone number) scope of exemptions at any time. to the individual requesters.

CHART I

Application Supplier Product name Form date

Aalto Scientific, Ltd ...... Endocrine Program ...... Amber vial: 5 mL ...... 8/23/2016 Aalto Scientific, Ltd ...... Endocrinology ...... Amber vial: 5 mL ...... 8/23/2016 Aalto Scientific, Ltd ...... Linearity FD Testosterone, Siemens Centaur ...... Kit: 5 vials; 3 mL each ..... 12/7/2016 Absolute Standards, Inc ...... ISO G34 Calibrator Spike High ...... Glass ampoule: 1 mL ...... 8/3/2016 Absolute Standards, Inc ...... ISO G34 Calibrator Spike Low ...... Glass ampoule: 1 mL ...... 8/3/2016 Absolute Standards, Inc ...... ISO G34 Calibrator Spike Solution ...... Glass ampoule: 1 mL ...... 8/3/2016

1 This authority has been delegated from the by 28 CFR 0.100, and subsequently redelegated to the Deputy Assistant Administrator pursuant to Attorney General to the Administrator of the DEA Section 7 of 28 CFR 0.104, Appendix to Subpart R.

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CHART I—Continued

Application Supplier Product name Form date

Absolute Standards, Inc ...... ISO G34 Internal Standard ...... Glass ampoule: 1 mL ...... 8/3/2016 Accriva Diagnostics, Inc ...... Hemochron PT ...... Box: 45 cuvettes; 7.5μL 5/17/2016 each. Arbor Assays ...... Testosterone 5-pack Enzyme Immunoassay Kit (K032–H5) ...... Kit: 400 μL vial ...... 10/18/2016 Arbor Assays ...... Testosterone Enzyme Immunoassay Kit (ISWE001) ...... Kit: 1 mL vial ...... 10/18/2016 Arbor Assays ...... Testosterone Enzyme Immunoassay Kit (K032–H1) ...... Kit: 90 μL vial ...... 10/18/2016 Arbor Assays ...... Testosterone Standard (1,000 ng/mL) ...... Plastic vial: 1 mL ...... 10/18/2016 Arbor Assays ...... Testosterone Standard (200,000 pg/mL) ...... Plastic vial: 90 μL ...... 10/18/2016 Arbor Assays ...... Testosterone Standard (200,000 pg/mL) ...... Plastic vial: 400 μL ...... 10/18/2016 Biochemical Diagnostics, Inc ...... Detectabuse Custom Liquid Control Urine, MC252 ...... Glass vial: 1 mL–200 mL 7/29/2016 Biochemical Diagnostics, Inc ...... Detectabuse Custom Liquid Control Urine, MC253 ...... Glass vials: 1 ml–200 mL 9/30/2016 Biochemical Diagnostics, Inc ...... Detectabuse Custom Liquid Control Urine, MC254 ...... Glass vial: 1 mL–200 mL 7/29/2016 Biochemical Diagnostics, Inc ...... Detectabuse Custom Liquid Control Urine, MC255 ...... Glass vial: 1 mL–200 mL 7/29/2016 Biochemical Diagnostics, Inc ...... Detectabuse Custom Liquid Control Urine, MC256 ...... Glass vials: 1 ml–200 mL 12/19/2016 Biochemical Diagnostics, Inc ...... Detectabuse Custom Liquid Control Urine, MC257 ...... Glass vials: 1 ml–200 mL 12/19/2016 Cayman Chemical Company ...... 11-Keto Testosterone CRM; 1 mg/mL in Acetonitrile ...... Glass ampule: 1 mL ...... 6/28/2016 Cayman Chemical Company ...... AB-CHMINACA (CRM); 1 mg/mL in Acetonitrile ...... Glass ampule: 1 mL ...... 8/26/2016 Cayman Chemical Company ...... AB-CHMINACA (CRM); 1 mg/mL in Methanol ...... Glass ampule: 1 mL ...... 8/26/2016 Cayman Chemical Company ...... AB-CHMINACA (CRM); 100 μg/mL in Acetonitrile ...... Glass ampule: 1 mL ...... 8/26/2016 Cayman Chemical Company ...... AB-CHMINACA (CRM); 100 μg/mL in Methanol ...... Glass ampule: 1 mL ...... 8/26/2016 Cayman Chemical Company ...... AB-PINACA CRM; 1 mg/mL in Methanol ...... Glass ampule: 1 mL ...... 6/28/2016 Cayman Chemical Company ...... Acetyl Fentanyl CRM; 1 mg/mL in Methanol ...... Glass ampule: 1 mL ...... 6/28/2016 Cayman Chemical Company ...... Acetyl Fentanyl CRM; 100 μg/mL in Methanol ...... Glass ampule: 1 mL ...... 6/28/2016 Cayman Chemical Company ...... Cocaine CRM; 1 mg/mL in Acetonitrile ...... Glass ampule: 1 mL ...... 6/28/2016 Cayman Chemical Company ...... Cocaine/Heroin/Methamphetamine Mixture CRM; 1 mg/mL each Glass ampule: 1 mL ...... 8/26/2016 in Acetonitrile. Cayman Chemical Company...... Cocaine/Heroin/Methamphetamine Mixture CRM; 100 μg/mL Glass ampule: 1 mL ...... 8/26/2016 each in Acetonitrile. Cayman Chemical Company...... Cocaine/Heroin/Methamphetamine Mixture CRM; 250 μg/mL Glass ampule: 1 mL ...... 8/26/2016 each in Acetonitrile. Cayman Chemical Company...... Cocaine/Heroin/Methamphetamine Mixture CRM; 500 μg/mL Glass ampule: 1 mL ...... 8/26/2016 each in Acetonitrile. Cayman Chemical Company ...... GC-MS Drug Standard Mixture 1 in Acetonitrile ...... Glass ampule: 1 mL ...... 6/28/2016 Cayman Chemical Company ...... Phytocannabinoid Mixture 1; 1 mg/mL in Acetonitrile ...... Glass ampule: 1 mL ...... 6/28/2016 Cayman Chemical Company ...... Tapentadol (hydrochloride) CRM; 1 mg/mL in Acetonitrile ...... Glass ampule: 1 mL ...... 8/26/2016 Cayman Chemical Company ...... Tapentadol (hydrochloride) CRM; 1 mg/mL in Methanol ...... Glass ampule: 1 mL ...... 8/26/2016 Cayman Chemical Company ...... Tapentadol (hydrochloride) CRM; 100 μg/mL in Acetonitrile ...... Glass ampule: 1 mL ...... 8/26/2016 Cayman Chemical Company ...... Tapentadol (hydrochloride) CRM; 100 μg/mL in Methanol ...... Glass ampule: 1 mL ...... 8/26/2016 Cayman Chemical Company ...... THJ2201 (CRM); 1 mg/mL in Acetonitrile ...... Glass ampule: 1 mL ...... 8/26/2016 Cayman Chemical Company ...... THJ2201 (CRM); 1 mg/mL in Methanol ...... Glass ampule: 1 mL ...... 8/26/2016 Cayman Chemical Company ...... THJ2201 (CRM); 100 μg/mL in Acetonitrile ...... Glass ampule: 1 mL ...... 8/26/2016 Cayman Chemical Company ...... THJ2201 (CRM); 100 μg/mL in Methanol ...... Glass ampule: 1 mL ...... 8/26/2016 Cayman Chemical Company ...... ToxBox THC/THC Metabolite Plate ...... 48-well plate ...... 6/28/2016 Cerilliant Corporation ...... (±)-11-Hydroxy-delta9–THC glucuronide (0.01 mg/mL) ...... Glass ampule: 1 mL ...... 11/11/2016 Cerilliant Corporation ...... (±)-Cannabicyclol (1.0 mg/mL) ...... Glass ampule: 1.0 mL ..... 7/18/2016 Cerilliant Corporation ...... (±)-cis-3-Methylfentanyl HCl (0.05 mg/mL) ...... Glass ampule: 1 mL ...... 6/21/2016 Cerilliant Corporation ...... (±)-cis-3-Methylfentanyl HCl (0.1 mg/mL) ...... Glass ampule: 0.5 mL ..... 7/18/2016 Cerilliant Corporation ...... 5alpha-Dihydrotestosterone-D3 [16, 16, 17–D3]; 10 μg/mL ...... Glass ampule: 1 mL ...... 9/28/2016 Cerilliant Corporation ...... 6beta-Naltrexol (1 mg/mL) ...... Glass ampule: 1 mL ...... 5/6/2016 Cerilliant Corporation ...... AH-7921 HCl (1 mg/mL) ...... Glass ampule: 1 mL ...... 5/20/2016 Cerilliant Corporation ...... AH-7921-D3 HCl (0.1 mg/mL) ...... Glass ampule: 1 mL ...... 5/20/2016 Cerilliant Corporation ...... Brivaracetam-D3 (0.1 mg/mL) ...... Glass ampule: 1 mL ...... 11/30/2016 Cerilliant Corporation ...... Butyryl fentanyl (0.05 mg/mL) ...... Glass ampule: 1 mL ...... 6/21/2016 Cerilliant Corporation ...... Butyryl fentanyl (0.1 mg/mL) ...... Glass ampule: 0.5 mL ..... 7/18/2016 Cerilliant Corporation ...... Cannabichromenic acid (CBCA) (1.0 mg/mL) ...... Glass ampule: 1 mL ...... 11/30/2016 Cerilliant Corporation ...... Cannabicyclolic acid (CBLA) (1.0 mg/mL) ...... Glass ampule: 1 mL ...... 11/30/2016 Cerilliant Corporation ...... Carfentanil (0.1 mg/mL) ...... Glass ampule: 0.5 mL ..... 9/28/2016 Cerilliant Corporation ...... Carfentanil oxalate (0.1 mg/mL) ...... Glass ampule: 0.5 mL ..... 11/30/2016 Cerilliant Corporation ...... Carfentanil-D5 oxalate (0.1 mg/mL) ...... Glass ampule: 0.5 mL ..... 11/30/2016 Cerilliant Corporation ...... Clorazepate dipotassium (1 mg/mL) ...... Glass ampule: 1 mL ...... 5/6/2016 Cerilliant Corporation ...... Dihydrotestosterone Calibrator Level 1 (20 pg/mL) ...... Cryovial: 1 mL ...... 8/12/2016 Cerilliant Corporation ...... Dihydrotestosterone Calibrator Level 2 (50 pg/mL) ...... Cryovial: 1 mL ...... 8/12/2016 Cerilliant Corporation ...... Dihydrotestosterone Calibrator Level 3 (100 pg/mL) ...... Cryovial: 1 mL ...... 8/12/2016 Cerilliant Corporation ...... Dihydrotestosterone Calibrator Level 4 (500 pg/mL) ...... Cryovial: 1 mL ...... 8/12/2016 Cerilliant Corporation ...... Dihydrotestosterone Calibrator Level 5 (1000 pg/mL) ...... Cryovial: 1 mL ...... 8/12/2016 Cerilliant Corporation ...... Dihydrotestosterone Calibrator Level 6 (2500 pg/mL) ...... Cryovial: 1 mL ...... 8/12/2016 Cerilliant Corporation ...... Dihydrotestosterone Calibrator Level 7 (10 ng/mL) ...... Cryovial: 1 mL ...... 8/12/2016 Cerilliant Corporation ...... Diphenoxylate HCl (1 mg/mL) ...... Glass ampule: 1 mL ...... 5/20/2016 Cerilliant Corporation ...... Furanyl fentanyl (0.1 mg/mL) ...... Glass ampule: 0.5 mL ..... 11/30/2016 Cerilliant Corporation ...... Norhydromorphone-D3 HCl (0.1 mg/mL) ...... Glass ampule: 1.0 mL ..... 7/18/2016 Cerilliant Corporation ...... Noroxymorphone-D3 HCl (0.1 mg/mL) ...... Glass ampule: 1.0 mL ..... 7/18/2016

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CHART I—Continued

Application Supplier Product name Form date

Cerilliant Corporation ...... Pholcodine (1 mg/mL) ...... Glass ampule: 1 mL ...... 5/6/2016 Cerilliant Corporation ...... Tapentadol-D3 HCl (1 mg/mL) ...... Glass ampule: 1 mL ...... 11/11/2016 Cerilliant Corporation ...... U-47700 (1.0 mg/mL) ...... Glass ampule: 1 mL ...... 11/30/2016 IDEXX Laboratories ...... Coag Dx PT ...... Box: 10 cartridges; 7.5μL 10/21/2016 each. IDEXX Laboratories ...... Coag Dx PT Cartridge ...... Cartridges: 7.5μL each .... 10/21/2016 Immunalysis Corporation ...... cTHC Urine Calibrator 1 (20 ng/mL) ...... Dropper bottle: 5 mL, 15 5/27/2016 mL. Immunalysis Corporation ...... cTHC Urine Calibrator 2 (50 ng/mL) ...... Dropper bottle: 5 mL, 15 5/27/2016 mL. Immunalysis Corporation ...... cTHC Urine Calibrator 3 (100 ng/mL) ...... Dropper bottle: 5 mL, 15 5/27/2016 mL. Immunalysis Corporation ...... cTHC Urine Calibrator 4 (200 ng/mL) ...... Dropper bottle: 5 mL, 15 5/27/2016 mL. Immunalysis Corporation ...... cTHC Urine Control HIGH (62.5 ng/mL) ...... Dropper bottle: 5 mL, 15 5/27/2016 mL. Immunalysis Corporation ...... cTHC Urine Control LOW (37.5 ng/mL) ...... Dropper bottle: 5 mL, 15 5/27/2016 mL. Immunalysis Corporation ...... Fentanyl Urine Calibrator 1 (1 ng/mL) ...... Dropper bottle: 5 mL ...... 5/27/2016 Immunalysis Corporation ...... Fentanyl Urine Calibrator 2 (2 ng/mL) ...... Dropper bottle: 5 mL ...... 5/27/2016 Immunalysis Corporation ...... Fentanyl Urine Calibrator 3 (4 ng/mL) ...... Dropper bottle: 5 mL ...... 5/27/2016 Immunalysis Corporation ...... Fentanyl Urine Control HIGH (1.5 ng/mL) ...... Dropper bottle: 5 mL ...... 5/27/2016 Immunalysis Corporation ...... Fentanyl Urine Control LOW (0.5 ng/mL) ...... Dropper bottle: 5 mL ...... 5/27/2016 Immunalysis Corporation ...... MDC Calibrator 1 ...... Dropper bottle: 15 mL, 25 5/27/2016 mL. Immunalysis Corporation ...... MDC Calibrator 2 ...... Dropper bottle: 15 mL, 25 5/27/2016 mL. Immunalysis Corporation ...... MDC Calibrator 3 ...... Dropper bottle: 15 mL, 25 5/27/2016 mL. Immunalysis Corporation ...... MDC Calibrator 4 ...... Dropper bottle: 15 mL, 25 5/27/2016 mL. Immunalysis Corporation ...... MDC Control HIGH Set 1 ...... Dropper bottle: 15 mL, 25 5/27/2016 mL. Immunalysis Corporation ...... MDC Control HIGH Set 1 ...... Dropper bottle: 15 mL, 25 5/27/2016 mL. Immunalysis Corporation ...... MDC Control LOW Set 1 ...... Dropper bottle: 15 mL, 25 5/27/2016 mL. Immunalysis Corporation ...... MDC Control LOW Set 2 ...... Dropper bottle: 15 mL, 25 5/27/2016 mL. Immunalysis Corporation ...... Opiates Urine Calibrator 2000 1 (1000 ng/mL) ...... Dropper bottle: 5 mL, 15 5/27/2016 mL. Immunalysis Corporation ...... Opiates Urine Calibrator 2000 2 (2000 ng/mL) ...... Dropper bottle: 5 mL, 15 5/27/2016 mL. Immunalysis Corporation ...... Opiates Urine Calibrator 2000 3 (4000 ng/mL) ...... Dropper bottle: 5 mL, 15 5/27/2016 mL. Immunalysis Corporation ...... Opiates Urine Calibrator 2000 4 (6000 ng/mL) ...... Dropper bottle: 5 mL, 15 5/27/2016 mL. Immunalysis Corporation ...... Oxazepam Urine Control HIGH (125 ng/mL) ...... Dropper bottle: 5 mL, 15 5/27/2016 mL. Immunalysis Corporation ...... Oxazepam Urine Control LOW (75 ng/mL) ...... Dropper bottle: 5 mL, 15 5/27/2016 mL. Instrumentation Laboratory ...... Gem Test PT ...... Box: 45 cuvettes; 7.5μL 10/6/2016 each. IsoSciences, LLC ...... Codeine-[13C4, 15N], 1000 μg/mL in methanol ...... Amber ampule: 1 mL ...... 10/20/2016 IsoSciences, LLC ...... Codeine-6b-Glucuronide-[13C10, 15N], 1000 μg/mL in meth- Amber ampule: 1 mL ...... 10/20/2016 anol:water (2:8). IsoSciences, LLC ...... Morphine-[13C4, 15N], 1000 μg/mL in methanol ...... Amber ampule: 1 mL ...... 10/20/2016 IsoSciences, LLC ...... Morphine-6b-Glucuronide-[13C10, 15N], 1000 μg/mL in meth- Amber ampule: 1 mL ...... 10/20/2016 anol:water (2:8). IsoSciences, LLC ...... Testosterone-[2H8], 100 μg/mL in methanol ...... Amber Ampule: 1 mL ...... 8/10/2016 IsoSciences, LLC ...... Testosterone-[2H8], 1000 μg/mL in methanol ...... Amber Ampule: 1 mL ...... 8/10/2016 ITC ...... Hemochron Jr ...... Box: 45 cuvettes; 7.5μL 7/1/2016 each. Lipomed Inc ...... 25B-NB2OMe (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... 25C-NB2OMe (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... 25I-NB2OMe (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... 25I-NB2OMe-D9 (0.1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... 25I-NB2OMe-D9 (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... 3,4-Methylendioxypyrovalerone (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... 3,4-Methylenedioxy-a-pyrrolidinopropiophenone (1 mg/mL meth- Glass ampule: 1 mL ...... 10/28/2016 anol).

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CHART I—Continued

Application Supplier Product name Form date

Lipomed Inc ...... 3-Desmethylprodine (1 mg/mL acetonitrile) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... 4-Ethylmethcathinone (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... 4-Methylethcathinone (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... 4-Methylmethcathinone (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... 4-Methylmethcathinone-D3 (0.1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... 4-Methylmethcathinone-D3 (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Benzodiazepines mixture (.001 mg free base/ml acetonitrile) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Benzodiazepines mixture 5 (1 mg free base/mL acetonitrile) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Bufotenine.oxalate.monohydrate (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Butabarbital (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Butalbital (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Butalbital-D5 (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Butylone (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Cannabidiol-D3 (0.1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Cannabidiol-D3 (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Cannabinol-D3 (0.1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Cannabinol-D3 (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Carisoprodol (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Clotiazepam (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Cocaethylene-D3 (1 mg/mL acetonitrile) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Cocaine mixture 2 (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Desomorphine (1 mg/mL acetonitrile) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Ethylone (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... JWH-018 (0.1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... JWH-018 (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... JWH-018–D11 metabolite (0.1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... JWH-018–D11 metabolite (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... JWH-019 (0.1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... JWH-019 (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... JWH-081 (0.1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... JWH-081 (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... JWH-122 (0.1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... JWH-122 (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... JWH-200 (0.1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... JWH-200 (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... L-Methamphetamine (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Loprazolam (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Mazindol (1 mg/mL Dimethylformamide) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Meprobamate (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Methandienone (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Methylone (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Methylone-D3 (0.1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Methylone-D3 (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... N,N-Dimethylamphetamine (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Naphyrone (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Nimetazepam (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Norbuprenorphine (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Normeperidine (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Pentedrone (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Pentylone (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Phenobarbital-D5 (side chain) (0.1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Phenobarbital-D5 (side chain) (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Pregabalin (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Propoxyphen-D5 (0.1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Propoxyphen-D5 (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Pyrovalerone (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... a-Pyrrolidinopropiophenone (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... a-Pyrrolidinovalerophenone (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Microgenics Corporation ...... Cascadion SM Total Testosterone Internal Standard ...... Box: 8 bottles, 29 mL 12/16/2016 each. Microgenics Corporation ...... Cedia Buprenorphine OFT Control Set (Low and High) Catalog Vial: 10 mL; Box: 2 vials .. 11/15/2016 Number: 10022377. Microgenics Corporation ...... Cedia Buprenorphine OFT Cutoff Calibrator Catalog Number: Vial: 5 mL; Box: 1 vial ..... 11/15/2016 10022376. Microgenics Corporation ...... Cedia Multi-Drug OFT Cutoff Calibrator Set B Catalog Number: Vial: 10 mL; Box: 1 vial ... 10/20/2016 10022355. Microgenics Corporation ...... Cedia Multi-Drug OFT Cutoff Control Set B (Low and High) Cata- Vial: 15 mL; Box: 2 vials .. 10/20/2016 log Number: 10022356. Microgenics Corporation ...... Intercept i2he Multi-Drug Oral Fluid Cutoff Calibrator Set B Cata- Vial: 10 mL; Box: 1 vial ... 10/19/2016 log Number: 1001–0419. Microgenics Corporation ...... Intercept i2he Multi-Drug Oral Fluid Cutoff Control Set B (Low Vial: 15 mL; Box: 2 vials .. 10/19/2016 and High) Catalog Number: 1001–0420.

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CHART I—Continued

Application Supplier Product name Form date

Microgenics Corporation ...... Thermo Scientific CEDIA Buprenorphine II Calibrator 10 ng/mL Vial: 5 mL Box: 1 vial ...... 8/30/2016 Catalog Number: 10020799. Microgenics Corporation ...... Thermo Scientific CEDIA Buprenorphine II Calibrator 100 ng/mL Vial: 5 mL Box: 1 vial ...... 8/30/2016 Catalog Number: 10020802. Microgenics Corporation ...... Thermo Scientific CEDIA Buprenorphine II Calibrator 20 ng/mL Vial: 5 mL Box: 1 vial ...... 8/30/2016 Catalog Number: 10020800. Microgenics Corporation ...... Thermo Scientific CEDIA Buprenorphine II Calibrator 50 ng/mL Vial: 5 mL Box: 1 vial ...... 8/30/2016 Catalog Number: 10020801. Microgenics Corporation ...... Thermo Scientific CEDIA Buprenorphine II Controls (Low and Vial: 5 mL Box: 4 vials ..... 8/30/2016 High) Catalog Number: 10020804. Siemens Healthcare Diagnostics, BK Emit II Plus Oxycodone Negative Control 100 ...... Bulk Container: 1 L–50 L 8/23/2016 Inc. Siemens Healthcare Diagnostics, Emit II Plus Oxycodone Negative Control 100 ...... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, Emit II Plus Oxycodone Negative Control 300 ...... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, Emit II Plus Oxycodone Positive Control 100 ...... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, Emit II Plus Oxycodone Positive Control 300 ...... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, Emit II Plus Specialty Multi Drug Calibrator/Control Level 1 ...... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, Emit II Plus Specialty Multi Drug Calibrator/Control Level 2 ...... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, Emit II Plus Specialty Multi Drug Calibrator/Control Level 3 ...... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, Emit II Plus Specialty Multi Drug Calibrator/Control Level 4 ...... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, FC Emit II Plus Oxycodone Negative Control 100 ...... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, FC Emit II Plus Oxycodone Negative Control 300 ...... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, FC Emit II Plus Oxycodone Positive Control 100 ...... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, FC Emit II Plus Oxycodone Positive Control 300 ...... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, FC Emit II Plus Specialty Multi Drug Calibrator/Control Level 1 .... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, FC Emit II Plus Specialty Multi Drug Calibrator/Control Level 2 .... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, FC Emit II Plus Specialty Multi Drug Calibrator/Control Level 3 .... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, FC Emit II Plus Specialty Multi Drug Calibrator/Control Level 4 .... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, MP FC Emit Oxycodone Negative Control 100 ...... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, MP FC Emit Oxycodone Negative Control 300 ...... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, MP FC Emit Oxycodone Positive Control 100 ...... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, MP FC Emit Oxycodone Positive Control 300 ...... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, MP FC Emit Specialty Multi Drug Calibrator/Control LVL 1 ...... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, MP FC Emit Specialty Multi Drug Calibrator/Control LVL 2 ...... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, MP FC Emit Specialty Multi Drug Calibrator/Control LVL 3 ...... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, MP FC Emit Specialty Multi Drug Calibrator/Control LVL 4 ...... Vial: 10 mL ...... 8/23/2016 Inc. Siemens Healthcare Diagnostics, Pilot Emit II Plus Oxycodone Negative Control 100 ...... Pilot container: 4 mL–200 8/23/2016 Inc. mL. Siemens Healthcare Diagnostics, Pilot Emit II Plus Oxycodone Negative Control 300 ...... Pilot container: 4 mL–200 8/23/2016 Inc. mL. Siemens Healthcare Diagnostics, Pilot Emit II Plus Oxycodone Positive Control 100 ...... Pilot container: 4 mL–200 8/23/2016 Inc. mL. Siemens Healthcare Diagnostics, Pilot Emit II Plus Oxycodone Positive Control 300 ...... Pilot container: 4 mL–200 8/23/2016 Inc. mL. Siemens Healthcare Diagnostics, Pilot Emit II Plus Specialty Multi Drug Calibrator/Control LVL 1 .... Pilot container: 4 mL–200 8/23/2016 Inc. mL.

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CHART I—Continued

Application Supplier Product name Form date

Siemens Healthcare Diagnostics, Pilot Emit II Plus Specialty Multi Drug Calibrator/Control LVL 2 .... Pilot container: 4 mL–200 8/23/2016 Inc. mL. Siemens Healthcare Diagnostics, Pilot Emit II Plus Specialty Multi Drug Calibrator/Control LVL 3 .... Pilot container: 4 mL–200 8/23/2016 Inc. mL. Siemens Healthcare Diagnostics, Pilot Emit II Plus Specialty Multi Drug Calibrator/Control LVL 4 .... Pilot container: 4 mL–200 8/23/2016 Inc. mL. USP ...... USP Levomethorphan Solution Reference Standard ...... Box: 3 vials, 1.2 mL each 9/13/2016 UTAK Laboratories, Inc ...... AED II HR Serum Control, Ref: 72740 ...... Carton: 5 bottles, 5 mL 12/27/2016 each. UTAK Laboratories, Inc ...... AED II MR Serum Control, Ref: 72741 ...... Carton: 5 bottles, 5 mL 12/27/2016 each. UTAK Laboratories, Inc ...... Benzodiazepines 2 Serum Control HR, Ref: 22615 ...... Carton: 5 bottles, 5 mL 12/27/2016 each. UTAK Laboratories, Inc ...... Benzodiazepines 2 Serum Control MR, Ref: 22616 ...... Carton: 5 bottles, 5 mL 12/27/2016 each. UTAK Laboratories, Inc ...... Benzodiazepines Plus 100 Urine Control, Ref: 12090 ...... Carton: 5 bottles, 5 mL 12/27/2016 each. UTAK Laboratories, Inc ...... Benzodiazepines Plus 100 Whole Blood Control, Ref: 12092 ...... Carton: 5 bottles, 5 mL 12/27/2016 each. UTAK Laboratories, Inc ...... Benzodiazepines Plus 400 ng/mL Urine Control, Ref: 12091 ...... Carton: 5 bottles, 5 mL 12/27/2016 each. UTAK Laboratories, Inc ...... Clonazepam Serum Control HR, Ref: 22610 ...... Carton: 5 bottles, 5 mL 12/27/2016 each. UTAK Laboratories, Inc ...... Clonazepam Serum Control MR, Ref: 22611 ...... Carton: 5 bottles, 5 mL 12/27/2016 each. UTAK Laboratories, Inc ...... DHEA Plus High Serum Control, Ref: 51411 ...... Carton: 5 bottles, 3 mL 12/27/2016 each. UTAK Laboratories, Inc ...... DHEA Plus Low Serum Control, Ref: 51410 ...... Carton: 5 bottles, 3 mL 12/27/2016 each. UTAK Laboratories, Inc ...... Pentobarbital Serum Control, Ref: 66319 ...... Carton: 5 bottles, 5 mL 12/27/2016 each. UTAK Laboratories, Inc ...... Steroids Level 1 SMx Serum Control, Ref: 51401 ...... Carton: 5 bottles, 3 mL 12/27/2016 each. UTAK Laboratories, Inc ...... Steroids Level 2 SMx Serum Control, Ref: 51402 ...... Carton: 5 bottles, 3 mL 12/27/2016 each. UTAK Laboratories, Inc ...... Steroids Level 3 SMx Serum Control, Ref: 51403 ...... Carton: 5 bottles, 3 mL 12/27/2016 each. UTAK Laboratories, Inc ...... Steroids Level 4 SMx Serum Control, Ref: 51404 ...... Carton: 5 bottles, 3 mL 12/27/2016 each.

The Assistant Administrator has Assistant Administrator has determined part of the CSA or from application of found that each of the compounds, that the chemical preparations or any part of the CFR, with regard to the mixtures, and preparations described in mixtures generally described in Chart II requested exemption pursuant to 21 Chart II below is not consistent with the below and specifically described in the CFR 1308.23, as of the date that was criteria stated in 21 U.S.C. 811(g)(3)(B) application materials received by DEA, provided in the determination letters to and in 21 CFR 1308.23. Accordingly, the are not exempt from application of any the individual requesters. CHART II

Application Supplier Product name Form date

Aalto Scientific, Ltd ...... General Chemistry Serum ...... Box: 1056 vials; 5 mL each ...... 6/20/2016 Biochemical Diagnostics, Inc ...... Detectabuse Custom Liquid Control Urine, MC253 ...... Glass vial: 1 mL–200 mL ...... 7/29/2016 Cerilliant Corporation ...... (±)-cis-3-Methylfentanyl HCl (0.1 mg/mL) ...... Glass ampule: 1 mL ...... 6/21/2016 Cerilliant Corporation ...... (±)-cis-3-Methylfentanyl HCl (1 mg/mL) ...... Glass ampule: 1 mL ...... 5/6/2016 Cerilliant Corporation ...... Butyryl fentanyl (0.1 mg/mL) ...... Glass ampule: 1 mL ...... 6/21/2016 Cerilliant Corporation ...... Butyryl fentanyl HCl (1 mg/mL) ...... Glass ampule: 1 mL ...... 5/20/2016 Lipomed Inc ...... Benzodiazepines mixture 8 (0.25 mg free base/mL acetonitrile) ...... Glass ampule: 1 mL ...... 10/28/2016 Lipomed Inc ...... Estazolam (1 mg/mL methanol) ...... Glass ampule: 1 mL ...... 10/28/2016 Siemens Healthcare Diagnostics, Inc ..... BK Emit II Plus Oxycodone Negative Control 300 ...... Bulk Container: 1 L–50 L ...... 8/23/2016 Siemens Healthcare Diagnostics, Inc ..... BK Emit II Plus Oxycodone Positive Control 100 ...... Bulk Container: 1 L–50 L ...... 8/23/2016 Siemens Healthcare Diagnostics, Inc ..... BK Emit II Plus Oxycodone Positive Control 300 ...... Bulk Container: 1 L–50 L ...... 8/23/2016 Siemens Healthcare Diagnostics, Inc ..... BK Emit II Plus Specialty Multi Drug Calibrator/Control LVL 1 ...... Bulk Container: 1 L–50 L ...... 8/23/2016 Siemens Healthcare Diagnostics, Inc ..... BK Emit II Plus Specialty Multi Drug Calibrator/Control LVL 2 ...... Bulk Container: 1 L–50 L ...... 8/23/2016 Siemens Healthcare Diagnostics, Inc ..... BK Emit II Plus Specialty Multi Drug Calibrator/Control LVL 3 ...... Bulk Container: 1 L–50 L ...... 8/23/2016 Siemens Healthcare Diagnostics, Inc ..... BK Emit II Plus Specialty Multi Drug Calibrator/Control LVL 4 ...... Bulk Container: 1 L–50 L ...... 8/23/2016

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Scope of Approval Approved Exempt Chemical Street South, Suite 4E401, Arlington, Preparations Are Posted on DEA’s Web VA 22202–5452. The exemptions are applicable only to Site • Hand Delivery: USDOL—Mine the precise preparation or mixture Safety and Health Administration, 201 A list of all current exemptions, described in the application submitted 12th Street South, Suite 4E401, including those listed in this order, is to DEA in the form(s) listed in this order Arlington, VA 22202–5452. Sign in at available on the DEA’s Web site at and only for those sections of the CSA the receptionist’s desk on the 4th floor http://www.DEAdiversion.usdoj.gov/ and the CFR that are specifically via the East elevator. schedules/exempt/exempt_chemlist.pdf. identified. In accordance with 21 CFR The dates of applications of all current FOR FURTHER INFORMATION CONTACT: 1308.24(h), any change in the exemptions are posted for easy Sheila McConnell, Director, Office of quantitative or qualitative composition reference. Standards, Regulations, and Variances, of the preparation or mixture, or change MSHA, at in the trade name or other designation Dated: May 24, 2017. [email protected] of the preparation or mixture after the Louis J. Milione, (email); 202–693–9440 (voice); or 202– date of application requires a new Assistant Administrator. 693–9441 (facsimile). application. In accordance with 21 CFR [FR Doc. 2017–12110 Filed 6–9–17; 8:45 am] SUPPLEMENTARY INFORMATION: 1308.24(g), the DEA may prescribe BILLING CODE 4410–09–P I. Background requirements other than those set forth in 1308.24(b)–(e) on a case-by-case basis Section 103(h) of the Federal Mine for materials exempted in bulk DEPARTMENT OF LABOR Safety and Health Act of 1977 (Mine quantities. Accordingly, in order to limit Act), 30 U.S.C. 813(h), authorizes MSHA to collect information necessary opportunity for diversion from the Mine Safety and Health Administration to carry out its duty in protecting the larger bulk quantities, the DEA has [OMB Control No. 1219–0NEW] safety and health of miners. Further, determined that each of the exempted Proposed Extension of Information Sec. 101(a) of the Mine Act, 30 U.S.C. bulk products listed in this order may 811 authorizes the Secretary of Labor to Collection; Performance Reports for only be used in-house by the develop, promulgate, and revise as may MSHA Grants manufacturer, and may not be be appropriate, improved mandatory distributed for any purpose, or AGENCY: Mine Safety and Health health or safety standards for the transported to other facilities. Administration, Labor. protection of life and prevention of Additional exempt chemical ACTION: Request for public comments. injuries in coal and metal and nonmetal preparation requests received between mines. April 1, 2016, and December 31, 2016, SUMMARY: The Department of Labor, as MSHA is requesting approval of a and not otherwise referenced in this part of its continuing effort to reduce new information collection for narrative order may remain under consideration paperwork and respondent burden, reporting of grant requirements. One of until the DEA receives additional conducts a pre-clearance consultation MSHA’s strategic goals is to ‘‘improve information required, pursuant to 21 program to provide the general public workplace safety and health’’ through CFR 1308.23(d), as detailed in separate and Federal agencies with an the strategic objective ‘‘secure safe and healthy workplaces, particularly in correspondence to individual opportunity to comment on proposed high-risk industries.’’ MSHA’s goal in requesters. The DEA’s order on such collections of information in accordance accomplishing this objective is to requests will be communicated to the with the Paperwork Reduction Act of 1995, 44 U.S.C. 3506(c)(2)(A). This ‘‘prevent death, disease, and injury from public in a future Federal Register mining and promote safe and healthful publication. program helps to assure that requested data can be provided in the desired workplaces for the Nation’s miners.’’ The DEA also notes that these format, reporting burden (time and Sec. 115 of the Mine Act, as amended, exemptions are limited to exemption financial resources) is minimized, requires mine operators to have a health from only those sections of the CSA and collection instruments are clearly and safety training program. Under Sec. the CFR that are specifically identified understood, and the impact of collection 503 of the Mine Act, as amended, the in 21 CFR 1308.24(a). All other requirements on respondents can be Secretary may award grants to States to requirements of the CSA and the CFR properly assessed. Currently, the Mine assist in developing and enforcing State apply, including registration as an Safety and Health Administration mining laws and regulations, to improve importer as required by 21 U.S.C. 957. (MSHA) is soliciting comments on the State workers’ compensation and mining occupational disease laws and Opportunity for Comment information collection for Performance Reports for MSHA Grants. programs, and to improve safety and health conditions in the Nation’s mines Pursuant to 21 CFR 1308.23, any DATES: All comments must be received through Federal-State coordination and interested person may submit written on or before August 11, 2017. cooperation. comments on or objections to any ADDRESSES: Comments concerning the Therefore, MSHA seeks the Office of chemical preparation in this order that information collection requirements of Management and Budget’s (OMB) has been approved or denied as exempt. this notice may be sent by any of the clearance of the information collections If any comments or objections raise methods listed below. the Department of Labor (DOL) requires significant issues regarding any finding • Federal E-Rulemaking Portal: to carry out its grant program through of fact or conclusion of law upon which http://www.regulations.gov. Follow the MSHA. This information collection this order is based, the Assistant on-line instructions for submitting covers the performance reporting for Administrator will immediately comments for docket number MSHA– MSHA for Narrative Reports. MSHA is suspend the effectiveness of any 2017–0007. seeking to transfer its DOL-approved applicable part of this order until he • Regular Mail: Send comments to burden on the Narrative Reports under may reconsider the application in light USDOL—MSHA, Office of Standards, OMB No. 1225–0086 to an MSHA of the comments and objections filed. Regulations, and Variances, 201 12th information collection.

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Grantees are required by DOL 12th South, Suite 4E401, Arlington, VA requested data can be provided in the regulations to submit project and final 22202–5452. Sign in at the receptionist’s desired format, reporting burden (time reports, as described below. Grantees desk on the 4th floor via the East and financial resources) is minimized, are also required to submit final reports elevator. collection instruments are clearly no later than 90 days after the end of the Questions about the information understood, and the impact of collection grant period. collection requirements may be directed requirements on respondents can be Technical Project Reports: A grantee to the person listed in the FOR FURTHER properly assessed. Currently, the Mine submits a technical project report to INFORMATION section of this notice. Safety and Health Administration MSHA no later than 30 days after (MSHA) is soliciting comments on the III. Current Actions quarterly deadlines. Technical project information collection for Sealing of reports provide both quantitative and This request for collection of Abandoned Areas. qualitative information and a narrative information contains provisions for DATES: All comments must be received assessment of performance for the Performance Reports for MSHA Grants. on or before August 11, 2017. preceding three-month period. This MSHA has updated the data with ADDRESSES: Comments concerning the includes the current grant progress respect to the number of respondents, information collection requirements of against the overall grant goals. Between responses, burden hours, and burden this notice may be sent by any of the reporting dates, the grantee informs costs supporting this information methods listed below. MSHA of significant developments or collection request. • Federal E-Rulemaking Portal: problems affecting the organization’s Type of Review: New collection. http://www.regulations.gov. Follow the ability to accomplish the work. Agency: Mine Safety and Health on-line instructions for submitting Final Reports: At the end of the grant Administration. comments for docket number MSHA– period, each grantee provides a project OMB Number: 1219–0NEW. 2017–0019. summary of its technical project reports, Affected Public: State, local or Tribal • Regular Mail: Send comments to an evaluation report, and a close-out government, Not-for-profit Institutions. USDOL—MSHA, Office of Standards, financial report. These final reports are Number of Respondents: 60. Regulations, and Variances, 201 12th due no later than 90 days after the end Frequency: On occasion. Street South, Suite 4E401, Arlington, of the 12-month performance period. Number of Responses: 300. VA 22202–5452. II. Desired Focus of Comments Annual Burden Hours: 750 hours. • Hand Delivery: USDOL—Mine Annual Respondent or Recordkeeper Safety and Health Administration, 201 MSHA is soliciting comments Cost: $53. 12th Street South, Suite 4E401, concerning the proposed information MSHA Forms: MSHA Form 5000–50, Arlington, VA 22202–5452. Sign in at collection related to Performance MSHA State Grant Program Performance the receptionist’s desk on the 4th floor Reports for MSHA Grants. MSHA is Report. via the East elevator. particularly interested in comments Comments submitted in response to FOR FURTHER INFORMATION CONTACT: that: this notice will be summarized and • Evaluate whether the collection of Sheila McConnell, Director, Office of included in the request for Office of Standards, Regulations, and Variances, information is necessary for the proper Management and Budget approval of the performance of the functions of the MSHA, at information collection request; they will [email protected] agency, including whether the also become a matter of public record. information has practical utility; (email); (202) 693–9440 (voice); or (202) • Evaluate the accuracy of MSHA’s Sheila McConnell, 693–9441 (facsimile). estimate of the burden of the collection Certifying Officer. SUPPLEMENTARY INFORMATION: of information, including the validity of [FR Doc. 2017–12100 Filed 6–9–17; 8:45 am] I. Background the methodology and assumptions used; BILLING CODE 4510–43–P • Suggest methods to enhance the Section 103(h) of the Federal Mine quality, utility, and clarity of the Safety and Health Act of 1977 (Mine information to be collected; and DEPARTMENT OF LABOR Act), 30 U.S.C. 813(h), authorizes • Minimize the burden of the MSHA to collect information necessary collection of information on those who Mine Safety and Health Administration to carry out its duty in protecting the are to respond, including through the safety and health of miners. Further, [OMB Control No. 1219–0142] use of appropriate automated, section 101(a) of the Mine Act, 30 U.S.C. electronic, mechanical, or other Proposed Extension of Information 811 authorizes the Secretary of Labor to technological collection techniques or Collection; Sealing of Abandoned develop, promulgate, and revise as may other forms of information technology, Areas be appropriate, improved mandatory e.g., permitting electronic submission of health or safety standards for the responses. AGENCY: Mine Safety and Health protection of life and prevention of The information collection request Administration, Labor. injuries in coal or other mines. will be available on http:// ACTION: Request for public comments. MSHA’s standards for sealing www.regulations.gov. MSHA cautions abandoned areas in underground coal the commenter against providing any SUMMARY: The Department of Labor, as mines include requirements addressing information in the submission that part of its continuing effort to reduce the design and construction of new seals should not be publicly disclosed. Full paperwork and respondent burden, and the examination, maintenance and comments, including personal conducts a pre-clearance consultation repair of all seals. information provided, will be made program to provide the general public Section 75.335(b) sets forth available on www.regulations.gov and and Federal agencies with an procedures for the approval of seal www.reginfo.gov. opportunity to comment on proposed design applications. The public may also examine publicly collections of information in accordance Section 75.335(c) requires the available documents at USDOL—Mine with the Paperwork Reduction Act of submission and certification of Safety and Health Administration, 201 1995. This program helps to assure that information for seal installation.

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Section 75.336(a)(2) requires the mine the use of continuous monitoring supporting this information collection operator to evaluate the atmosphere in systems, if applicable, before they request. the sealed area to determine whether conduct sampling, and annually Type of Review: Extension, without sampling through the sampling pipes in thereafter. change, of a currently approved seals provides appropriate sampling Section 75.338(b) requires mine collection. locations of the sealed area. The mine operators to certify that miners Agency: Mine Safety and Health operator will make an evaluation for constructing or repairing seals, Administration. each area that has seals. designated certified persons, and senior OMB Number: 1219–0142. Section 75.336(c) requires that mine mine management officials were trained Affected Public: Business or other for- operators immediately notify MSHA prior to constructing or repairing a seal profit. after a sample indicates that the oxygen and annually thereafter. Number of Respondents: 242. concentration is 10 percent or greater Frequency: On occasion. and methane is between 4.5 percent and II. Desired Focus of Comments Number of Responses: 15,800. 17 percent and after taking the required MSHA is soliciting comments Annual Burden Hours: 3,525 hours. Annual Respondent or Recordkeeper additional sample from the sealed concerning the proposed information Cost: $1,068,083. atmosphere with seals of less than 120 collection related to Sealing of Comments submitted in response to psi. Abandoned Areas. MSHA is particularly this notice will be summarized and Section 75.336(e) requires a certified interested in comments that: person to record each sampling result, • included in the request for Office of Evaluate whether the collection of Management and Budget approval of the including the location of the sampling information is necessary for the proper points and the oxygen and methane information collection request; they will performance of the functions of the also become a matter of public record. concentrations. Also, any hazardous agency, including whether the conditions found must be corrected and information has practical utility; Sheila McConnell, recorded in accordance with existing • Evaluate the accuracy of MSHA’s Certifying Officer. Section 75.363. estimate of the burden of the collection Section 75.337(c)(1)–(c)(5) requires a [FR Doc. 2017–12099 Filed 6–9–17; 8:45 am] of information, including the validity of certified person to perform several tasks BILLING CODE 4510–43–P the methodology and assumptions used; during seal construction and repair and • certify that the tasks were done in Suggest methods to enhance the DEPARTMENT OF LABOR accordance with the approved quality, utility, and clarity of the information to be collected; and ventilation plan. In addition, a mine • Mine Safety and Health Administration foreman or equivalent mine official Minimize the burden of the collection of information on those who must countersign the record. Petition for Modification of Application are to respond, including through the Section 75.337(d) requires a senior of Existing Mandatory Safety use of appropriate automated, mine management official to certify that Standards the construction, installation, and electronic, mechanical, or other materials used were in accordance with technological collection techniques or AGENCY: Mine Safety and Health the approved ventilation plan. other forms of information technology, Administration, Labor. Section 75.337(e) requires the mine e.g., permitting electronic submission of ACTION: Notice. operator to notify MSHA of certain responses. activities concerning the construction of The information collection request SUMMARY: This notice is a summary of a set of seals. Section 75.337(e)(1) will be available on http:// a petition for modification submitted to requires the mine operator to notify the www.regulations.gov. MSHA cautions the Mine Safety and Health District Manager between 2 and 14 days the commenter against providing any Administration (MSHA) by the party prior to commencement of seal information in the submission that listed below. construction. Section 75.337(e)(2) should not be publicly disclosed. Full DATES: All comments on the petition requires the mine operator to notify the comments, including personal must be received by MSHA’s Office of District Manager, in writing, within 5 information provided, will be made Standards, Regulations, and Variances days of completion of a set of seals and available on www.regulations.gov and on or before July 12, 2017. provide a copy of the certifications www.reginfo.gov. ADDRESSES: You may submit your required in Section 75.337(d). Section The public may also examine publicly comments, identified by ‘‘docket 75.337(e)(3) requires the mine operator available documents at USDOL—Mine number’’ on the subject line, by any of to submit a copy of the quality control Safety and Health Administration, 201 the following methods: test results for seal material properties 12th South, Suite 4E401, Arlington, VA 1. Electronic Mail: zzMSHA- specified by Section 75.335 within 30 22202–5452. Sign in at the receptionist’s [email protected]. Include the docket days of completion of such tests. desk on the 4th floor via the East number of the petition in the subject Section 75.337(g)(3) requires the mine elevator. line of the message. operator to label sampling pipes to Questions about the information 2. Facsimile: 202–693–9441. indicate the location of the sampling collection requirements may be directed 3. Regular Mail or Hand Delivery: point when the mine operator installs to the person listed in the FOR FURTHER MSHA, Office of Standards, more than one sampling pipe through a INFORMATION section of this notice. Regulations, and Variances, 201 12th seal. Street South, Suite 4E401, Arlington, Section 75.338(a) requires mine III. Current Actions Virginia 22202–5452, Attention: Sheila operators to certify that persons This request for collection of McConnell, Director, Office of conducting sampling were trained in the information contains provisions for Standards, Regulations, and Variances. use of appropriate sampling equipment, Sealing of Abandoned Areas. MSHA has Persons delivering documents are techniques, the location of sampling updated the data with respect to the required to check in at the receptionist’s points, the frequency of sampling, the number of respondents, responses, desk in Suite 4E401. Individuals may size and condition of sealed areas, and burden hours, and burden costs inspect a copy of the petition and

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comments during normal business the Roadbuilder to 10 miles per hour comments during normal business hours at the address listed above. (MPH) by permanently blocking out any hours at the address listed above. MSHA will consider only comments gear that would provide a higher speed MSHA will consider only comments postmarked by the U.S. Postal Service or than 10 MPH, to use transmission and postmarked by the U.S. Postal Service or proof of delivery from another delivery differential ratios that would limit the proof of delivery from another delivery service such as UPS or Federal Express maximum speed to 10 MPH, to service such as UPS or Federal Express on or before the deadline for comments. recognize the appropriate speeds to use on or before the deadline for comments. FOR FURTHER INFORMATION CONTACT: on different roadway conditions and FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, different grades/undulations, and to Barbara Barron, Office of Standards, Regulations, and Variances at 202–693– lower the front push blade, grader blade, Regulations, and Variances at 202–693– 9447 (Voice), [email protected] or digger forks for additional stopping 9447 (Voice), [email protected] (Email), or 202–693–9441 (Facsimile). capability in emergency situations. (Email), or 202–693–9441 (Facsimile). [These are not toll-free numbers.] The petitioner asserts that the design [These are not toll-free numbers.] SUPPLEMENTARY INFORMATION: Section of the Dapco Roadbuilder guarantees no SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety and less than the same measure of protection 101(c) of the Federal Mine Safety and Health Act of 1977 and Title 30 of the afforded by the existing standard Health Act of 1977 and Title 30 of the Code of Federal Regulations Part 44 because the machine’s braking system is Code of Federal Regulations Part 44 govern the application, processing, and adequate to stop the machine due to the govern the application, processing, and disposition of petitions for modification. weight distribution over the four rear disposition of petitions for modification. wheels. I. Background I. Background Sheila McConnell, Section 101(c) of the Federal Mine Director, Office of Standards, Regulations, Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine and Variances. Safety and Health Act of 1977 (Mine Act) allows the mine operator or [FR Doc. 2017–12096 Filed 6–9–17; 8:45 am] Act) allows the mine operator or representative of miners to file a representative of miners to file a BILLING CODE 4510–43–P petition to modify the application of any petition to modify the application of any mandatory safety standard to a coal or mandatory safety standard to a coal or other mine if the Secretary of Labor DEPARTMENT OF LABOR other mine if the Secretary of Labor determines that: (Secretary) determines that: 1. An alternative method of achieving the Mine Safety and Health Administration 1. An alternative method of achieving result of such standard exists which will at the result of such standard exists which all times guarantee no less than the same Petition for Modification of Application will at all times guarantee no less than measure of protection afforded the miners of of Existing Mandatory Safety the same measure of protection afforded such mine by such standard; or Standards the miners of such mine by such 2. That the application of such standard to standard; or AGENCY: Mine Safety and Health such mine will result in a diminution of 2. That the application of such Administration, Labor. safety to the miners in such mine. standard to such mine will result in a In addition, the regulations at 30 CFR ACTION: Notice. diminution of safety to the miners in 44.10 and 44.11 establish the such mine. SUMMARY: This notice is a summary of requirements and procedures for filing a petition for modification submitted to In addition, the regulations at 30 CFR petitions for modification. the Mine Safety and Health 44.10 and 44.11 establish the requirements and procedures for filing II. Petition for Modification Administration (MSHA) by the parties listed below. petitions for modification. Docket Number: M–2017–008–C. Petitioner: Excel Mining LLC, 4126 DATES: All comments on the petition II. Petition for Modification State Highway 194 West, Pikeville, must be received by MSHA’s Office of Docket Number: M–2017–009–C. Kentucky 41501. Standards, Regulations, and Variances Petitioner: Hamilton County Coal, Mine: Excel Mining #4 Mine MSHA on or before July 12, 2017. LLC, 18033 County Road 500E, I.D. No. 15–19515, located in Pike ADDRESSES: You may submit your Dahlgren, Illinois 62828–4294. County, Kentucky. comments, identified by ‘‘docket Mine: Mine No. 1, MSHA I.D. No. 11– Regulation Affected: 30 CFR number’’ on the subject line, by any of 03203, located in Hamilton County, 75.1909(b)(6) (Nonpermissible diesel the following methods: Illinois. powered equipment; design and 1. Electronic Mail: zzMSHA- Regulation Affected: 30 CFR 75.382 performance requirements). [email protected]. Include the docket (Mechanical escape facilities). Modification Request: The petitioner number of the petition in the subject Modification Requested: The requests a modification of the existing line of the message. petitioner requests a modification of the standard to allow use of a six-wheeled 2. Facsimile: 202–693–9441. existing standard to permit the use of Dapco Roadbuilder, model DP–10G, 3. Regular Mail or Hand Delivery: the slope belt conveyor as a mechanical serial number 003, as it was originally MSHA, Office of Standards, escape facility at Mine No. 1. The designed without front brakes. The Regulations, and Variances, 201 12th petitioner states that: petitioner states that: Street South, Suite 4E401, Arlington, a. Mine No. 1 extracts coal from the (1) The Dapco Roadbuilder has a Virginia 22202–5452, Attention: Sheila Herrin No. 6 coal seam by both braking system on the four rear wheels McConnell, Director, Office of continuous mining and longwall that is designed to prevent loss of Standards, Regulations, and Variances. extraction methods. The coal seam is braking due to a single brake system Persons delivering documents are intersected by a vertical shaft with cage component failure. required to check in at the receptionist’s hoist facility and by a dual compartment (2) The petitioner will train the grader desk in Suite 4E401. Individuals may slope that contains a slope car hoist operator to limit the maximum speed of inspect a copy of the petition and facility in the lower track compartment

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and a belt conveyor in the isolated persons, to safely and systematically (17) All underground mine personnel upper compartment. Escapeways, as board the slope belt conveyor. will be trained in the provisions of this required in 30 CFR 75.380(a), are (5) A minimum of four attendants will petition before the petition is connected to these hoist facilities as be stationed at the personnel loading implemented. A record of this training required in 30 CFR 75.380(i)(1) and platform to assist miners as they will be documented and made available (i)(2). transition from the loading platform for inspection by authorized b. Rope and drum hoists used as onto the slope belt conveyor. representatives of the Secretary and mechanical escape facilities at these (6) A personnel unloading platform representatives of the Illinois locations are subject to maintenance will be installed across the slope belt Department of Natural Resources. and/or conditions that could interfere conveyor at the first open cross cut on The petitioner asserts that the with the operation of the facility for the surface. The unloading platform will proposed alternative method will at all extended periods of time. The be designed to enable miners, including times provide the same degree of safety availability of a third mechanical escape disabled persons, to safely and for the underground miners at Mine No. facility (slope belt conveyor) provides systematically exit the slope belt 1 as that afforded by the existing an additional layer of safety for the conveyor. standard. miners and enhances compliance with (7) A minimum of four attendants will Sheila McConnell, escapeway regulations in that there will be stationed at the personnel unloading be an additional escape facility readily Director, Office of Standards, Regulations, platform to assist miners as they and Variances. available during normal hoist transition from the slope belt conveyor [FR Doc. 2017–12097 Filed 6–9–17; 8:45 am] operations. Additionally, the use of the onto the unloading platform. slope belt conveyor as a mechanical (8) Positive-acting stop controls will BILLING CODE 4520–43–P escape facility provides the most be installed continuously along the efficient means to evacuate miners in slope belt conveyor and such controls DEPARTMENT OF LABOR the event of a mine emergency. The will be readily accessible to persons slope belt conveyor provides a nonstop being transported on the slope belt Mine Safety and Health Administration conveyance on which the miners can conveyor. exit the mine without the delay of (9) The slope belt conveyor will be [OMB Control No. 1219–0133] having to wait on the limited capacity equipped with automatic stop controls Proposed Extension of Information of the slope car as it makes a roundtrip that will automatically stop the belt if a in and out of the mine. At a speed of Collection; Hazard Communication person travels beyond the unloading 140 feet per minute, the slope belt platform. AGENCY: Mine Safety and Health conveyor can evacuate 100 miners in (10) Automatic controls will de- Administration, Labor. approximately 30 minutes. The slope energize the belt flight dumping onto ACTION: car hoist requires approximately 120 Request for public comments. the slope belt conveyor and will be so minutes to evacuate 100 miners. The designed that the power cannot be SUMMARY: The Department of Labor, as petitioner further states that the use of reapplied to the belt flight dumping part of its continuing effort to reduce the slope belt conveyor as a mechanical onto the slope belt conveyor while it is paperwork and respondent burden, escape facility will be conditioned upon conducts a pre-clearance consultation compliance with the following: in use as a mechanical escape facility. (11) The slope belt conveyor will have program to provide the general public (1) The slope belt conveyor will be and Federal agencies with an equipped with an automatic braking a minimum vertical clearance of 18 inches from the nearest overhead opportunity to comment on proposed system which prevents the belt from collections of information in accordance reversing direction if power is lost. The projection when measured from the edge of the belt. with the Paperwork Reduction Act of drive motor gear boxes are provided 1995. This program helps to assure that with a braking/blocking device that (12) Adequate illumination will be provided at the personnel loading and requested data can be provided in the mechanically prevents rotation of the desired format, reporting burden (time gears when the drive motors are de- unloading platforms on the slope belt conveyor. and financial resources) is minimized, energized. collection instruments are clearly (2) The power source for the slope (13) The slope belt conveyor will not understood, and the impact of collection belt conveyor will be independent of the be used to transport supplies and the requirements on respondents can be underground mine’s power source. slope belt conveyor will be clear of all (3) The slope belt conveyor is material before persons are transported. properly assessed. Currently, the Mine powered by multiple drive motors (14) Telephone or other suitable Safety and Health Administration located on the mine’s surface facilities. communications will be provided at the (MSHA) is soliciting comments on the Each drive motor is controlled by a personnel loading and unloading information collection for Hazard variable frequency drive that, coupled platforms on the slope belt conveyor. Communication. with encoders, monitors the speed of (15) Suitable crossing facilities will be DATES: All comments must be received the motor unit and can shut down the provided where ever persons must cross on or before August 11, 2017. belt if a predetermined speed set point the moving slope belt conveyor to gain ADDRESSES: Comments concerning the is exceeded. When persons are being access at the personnel loading and information collection requirements of transported on the slope belt conveyor unloading platforms. this notice may be sent by any of the as a mechanical escape facility, the belt (16) The slope belt conveyor will be methods listed below. speed will not exceed 140 feet per operated in the mechanical escapeway • Federal E-Rulemaking Portal: minute. mode at least weekly. A record of this http://www.regulations.gov. Follow the (4) A personnel loading platform will test will be documented and made on-line instructions for submitting be installed across the slope belt available for inspection by authorized comments for docket number MSHA– conveyor outby the tailpiece. The representatives of the Secretary and 2017–0022. loading platform will be designed to representatives of the Illinois • Regular Mail: Send comments to enable miners, including disabled Department of Natural Resources. USDOL–MSHA, Office of Standards,

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Regulations, and Variances, 201 12th of information, including the validity of DEPARTMENT OF LABOR Street South, Suite 4E401, Arlington, the methodology and assumptions used; VA 22202–5452. • Suggest methods to enhance the Occupational Safety and Health • Hand Delivery: USDOL-Mine Safety quality, utility, and clarity of the Administration and Health Administration, 201 12th information to be collected; and [Docket No. OSHA–2011–0010] Street South, Suite 4E401, Arlington, • Minimize the burden of the VA 22202–5452. Sign in at the collection of information on those who Fire Protection in Shipyard receptionist’s desk on the 4th floor via are to respond, including through the Employment Standard; Extension of the East elevator. use of appropriate automated, the Office of Management and electronic, mechanical, or other FOR FURTHER INFORMATION CONTACT: Budget’s (OMB) Approval of Sheila McConnell, Director, Office of technological collection techniques or Information Collection (Paperwork) other forms of information technology, Standards, Regulations, and Variances, Requirements e.g., permitting electronic submission of MSHA, at responses. AGENCY: Occupational Safety and Health [email protected] The information collection request Administration (OSHA), Labor. (email); (202) 693–9440 (voice); or (202) will be available on http:// ACTION: Notice; correction. 693–9441 (facsimile). www.regulations.gov. MSHA cautions SUPPLEMENTARY INFORMATION: the commenter against providing any SUMMARY: The Occupational Safety and I. Background information in the submission that Health Administration (OSHA) should not be publicly disclosed. Full published a document in the Federal Section 103(h) of the Federal Mine comments, including personal Register on May 16, 2017, soliciting Safety and Health Act of 1977 (Mine information provided, will be made public comments concerning its Act), 30 U.S.C. 813(h), authorizes available on www.regulations.gov and proposal to extend the Office of MSHA to collect information necessary www.reginfo.gov. Management and Budget’s (OMB) to carry out its duty in protecting the The public may also examine publicly approval of the information collection safety and health of miners. Further, available documents at USDOL-Mine requirements specified in the Fire section 101(a) of the Mine Act, 30 U.S.C. Safety and Health Administration, 201 Protection in Shipyard Employment 811(a), authorizes the Secretary of Labor 12th South, Suite 4E401, Arlington, VA Standard. The document contained an to develop, promulgate, and revise as 22202–5452. Sign in at the receptionist’s incorrect docket number. This notice may be appropriate, improved desk on the 4th floor via the East corrects the docket number. mandatory health or safety standards for elevator. DATES: This correction is effective June the protection of life and prevention of Questions about the information 12, 2017. injuries in coal or other mines. collection requirements may be directed FOR FURTHER INFORMATION CONTACT: Section 101(a)(7) of the Mine Act, 30 to the person listed in the FOR FURTHER Todd Owen or Theda Kenney, U.S.C. 811(a)(7), requires, in part, that INFORMATION section of this notice. Directorate of Standards and Guidance, mandatory standards prescribe the use OSHA, U.S. Department of Labor, Room of labels or other appropriate forms of III. Current Actions N–3609, 200 Constitution Avenue NW., warning as are necessary to insure that This request for collection of Washington, DC 20210; telephone: (202) miners are apprised of all hazards to information contains provisions for 693–2222. which they are exposed, relevant Hazard Communication—30 CFR part symptoms and appropriate emergency 47. MSHA has updated the data with SUPPLEMENTARY INFORMATION: treatment, and proper conditions and respect to the number of respondents, Correction: responses, burden hours, and burden precautions for safe use or exposure. In the Federal Register of May 16, costs supporting this information MSHA’s part 47 hazardous 2017 (79 FR 22563–22564), correct the communications rule requires mine collection request. Type of Review: Extension, without Docket Number as described below. operators to evaluate the hazards of 1. On page 22563, in the second change, of a currently approved chemicals they produce or use and column, in the third line of the heading provide information to miners collection. Agency: Mine Safety and Health section, change the Docket Number to concerning chemical hazards by means read: of a written hazard communication Administration. program; labeling containers of OMB Number: 1219–0133. [Docket No. OSHA–2011–0010] hazardous chemicals; providing access Affected Public: Business or other for- profit. * * * * * to Material Safety Data Sheets; and 2. On page 22563, in the third initial miner training. Number of Respondents: 21,910. Frequency: On occasion. column, in the paragraph titled ‘‘Mail, II. Desired Focus of Comments Number of Responses: 1,253,295. hand delivery, express mail, or Annual Burden Hours: 182,835 hours. messenger or courier service,’’ change MSHA is soliciting comments Annual Respondent or Recordkeeper the Docket Number to read: concerning the proposed information Cost: $11,108. collection related to Hazard Comments submitted in response to [Docket No. OSHA–2011–0010] Communication—30 CFR part 47. this notice will be summarized and * * * * * MSHA is particularly interested in included in the request for Office of 3. On page 22564, in the second comments that: Management and Budget approval of the column, in the paragraph titled • Evaluate whether the collection of information collection request; they will ‘‘Instructions,’’ change the Docket information is necessary for the proper also become a matter of public record. Number to read: performance of the functions of the agency, including whether the Sheila McConnell, [Docket No. OSHA–2011–0010] information has practical utility; Certifying Officer. * * * * * • Evaluate the accuracy of MSHA’s [FR Doc. 2017–12098 Filed 6–9–17; 8:45 am] 4. On page 22564, in the second estimate of the burden of the collection BILLING CODE 4510–43–P column, in the first paragraph under

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‘‘IV. Public Participation—Submission DEPARTMENT OF LABOR Administration, U.S. Department of of Comments on This Notice and Labor, Room N–3609, 200 Constitution Internet Access to Comments and Occupational Safety and Health Avenue NW., Washington, DC 20210, Submissions,’’ change the Docket Administration telephone: (202) 693–2222. Number to read: SUPPLEMENTARY INFORMATION: Agency Information Collection In a series of Federal Register notices, the Agency [Docket No. OSHA–2011–0010] Activities of the Office of Management and Budget (OMB) Control Numbers announced its requests to OMB to renew * * * * * Under the Paperwork Reduction Act its current extensions of approvals for various information collection Authority and Signature AGENCY: Occupational Safety and Health (paperwork) requirements in its safety Dorothy Dougherty, Deputy Assistant Administration (OSHA), Labor. and health standards pertaining to Secretary of Labor for Occupational ACTION: Notice, announcement of the general industry, shipyard employment, Safety and Health, directed the Office of Management and Budget’s and the construction industry (i.e., 29 preparation of this notice. The authority (OMB) approval of information CFR parts 1905, 1910, 1915, 1917, 1918, for this notice is the Paperwork collection requirements. and 1926), and regulations pertaining to Occupational Safety and Health State Reduction Act of 1995 (44 U.S.C. 3506 SUMMARY: The Occupational Safety and Plans, and OSHA Strategic Partnership et seq.) and Secretary of Labor’s Order Health Administration announces that Program for Worker Safety and Health. No. 1–2012 (77 FR 3912). OMB continues its approval for a In these Federal Register Signed at Washington, DC, on June 5, 2017. number of information collection announcements, the Agency provided Dorothy Dougherty, requirements found in a number of 60-day comment periods for the public OSHA’s standards and regulations. Deputy Assistant Secretary of Labor for to respond to OSHA’s burden hour and OSHA sought approval of these Occupational Safety and Health. cost estimates. requirements under the Paperwork [FR Doc. 2017–12094 Filed 6–9–17; 8:45 am] In accord with the PRA (44 U.S.C. Reduction Act of 1995 (PRA), and, as 3501–3520), OMB approved these BILLING CODE 4510–26–P required by that Act, is announcing the information collection requirements. approval numbers and expiration dates The table below provides the following for these requirements and regulations. information for each of these DATES: This notice is effective June 12, information collection requirements 2017. approved by OMB: The title of the FOR FURTHER INFORMATION CONTACT: Federal Register notice; The Federal Theda Kenney or Todd Owen, Register reference (date, volume, and Directorate of Standards and Guidance, leading page); OMB’s Control Number; Occupational Safety and Health and the new expiration date.

Date of Federal Register Publication, Federal Register Reference, OMB control Title of the information collection request and No. Expiration date OSHA docket No.

4,4’-Methylenedianiline (MDA) for General Industry (29 CFR March 11, 2016 81 FR 12966 Docket No. OSHA–2012–0040 .... 1218–0184 07/31/2019 1910.1050). Access to Employee Exposure and Medical Records (29 CFR September 12, 2016 81 FR 62766 Docket No. OSHA–2009– 1218–0065 04/30/2020 1910.1020). 0043. Additional Requirements for Special Dipping and Coating Oper- March 11, 2016 81 FR 12967 Docket No. OSHA–2010–0020 .... 1218–0237 01/31/2020 ations (Dip Tanks) (29 CFR 1910.157(e)(3)). Aerial Lifts Standard (29 CFR 1926.453) ...... September 29, 2016 81 FR 67006 Docket No. OSHA–2009– 1218–0216 04/30/2020 0045. Asbestos in General Industry Standard ...... July 21, 2016 81 FR 47440 Docket No. OSHA–2010–0018 ...... 1218–0133 04/30/2020 Benzene (29 CFR 1910.1028) ...... April 19, 2016 81 FR 23008 Docket No. OSHA–2013–0008 ...... 1218–0129 08/31/2019 Construction Fall Protection Systems Criteria, Practices, and September 30, 2016 81 FR 67397 Docket No. OSHA–2010– 1218–0197 04/30/2020 Training Requirements. 0008. Cranes and Derricks in Construction Standard (29 CFR part October 4 , 2016 81 FR 68456 Docket No. OSHA–2013–0021 .. 1218–0261 04/30/2020 1926, subpart CC). Crawler, Locomotive, and Truck Cranes Standard (29 CFR September 7, 2016 81 FR 61715 Docket No. OSHA–2010–0015 1218–0221 04/30/2020 1910.180). Definition and Requirements for a Nationally Recognized Test- December 28, 2016 81 FR 95650 Docket No. OSHA–2010– 1218–0147 04/30/2020 ing Laboratory (29 CFR 1910.7). 0007. Derricks (29 CFR 1910.181) ...... June 10, 2016 81 FR 37644 Docket No. OSHA–2010–0016 ...... 1218–0222 01/31/2020 Formaldehyde Standard (29 CFR 1910.1020 and 1910.1048) .... August 1, 2016 81 FR 50563 Docket No. OSHA–2009–0041 ..... 1218–0145 04/30/2020 Occupational Noise Exposure Standard (29 CFR 1910.95) ...... October 4, 2016 81 FR 68457 Docket No. OSHA–2010–0017 ... 1218–0048 03/31/2020 Occupational Safety and Health Administration Conflict of Inter- September 29, 2016 81 FR 67004 Docket No. OSHA–2009– 1218–0255 04/30/2020 est and Disclosure. 0042. Personal Protective Equipment (PPE) for General Industry (29 March 2, 2016 81 FR 10915 Docket No. OSHA–2009–0028 ...... 1218–0205 02/29/2020 CFR part 1910, subpart I). Personal Protective Equipment (PPE) for Shipyard Employment December 10, 2015 80 FR 76712 Docket No. OSHA–2012– 1218–0215 06/30/2019 (29 CFR part 1915). 0038. Process Safety Management of Highly Hazardous Chemicals March 21, 2016 81 FR 15130 Docket No. OSHA–2012–0039 .... 1218–0200 08/31/0219 (29 CFR 1910.119). Regulations Containing Procedures for Handling of Retaliation February 17, 2016 81 FR 8103 Docket No. OSHA–2012–0026 .. 1218–0236 03/31/2020 Complaints. Student Data Form ...... September 29, 2016 81 FR 67010 Docket No. OSHA–2010– 1218–0172 04/30/2020 0022. Welding, Cutting, and Brazing (29 CFR part 1910, subpart Q) ... September 29, 2016 81 FR 67003 Docket No. OSHA–2010– 1218–0207 01/31/2020 0037.

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In accordance with 5 CFR 1320.5(b), SUPPLEMENTARY INFORMATION: been submitted to the Office of an agency cannot conduct, sponsor or Agenda and meeting materials: You Management and Budget (OMB) for require a response to a collection of may find all meeting materials at review and approval in accordance with information unless the collection https://ogis.archives.gov/foia-advisory- the Paperwork Reduction Act. This displays a valid OMB control number committee/2016-2018-term/ program helps to ensure that requested and the Agency informs respondents Meetings.htm. This will be the fifth data can be provided in the desired that they need not respond to the meeting of the second committee term. format, reporting burden (time and collection of information. The purpose of this meeting is to review financial resources) is minimized, the work of the committee’s three collection instruments are clearly Authority and Signature subcommittees. https:// understood, and the impact of collection Dorothy Dougherty, Deputy Assistant ogis.archives.gov/foia-advisory- requirements on respondents can be Secretary of Labor for Occupational committee/2016-2018-term/ properly assessed. Safety and Health, directed the Subcommittees.htm. A copy of the proposed information preparation of this notice. The authority Procedures: The meeting is open to collection request can be obtained by for this notice is the Paperwork the public. Due to access restrictions, contacting the individual listed below Reduction Act of 1995 (44 U.S.C. 3506 you must register in advance if you wish in the ADDRESSES section of this notice. et seq.) and Secretary of Labor’s Order to attend the meeting. You will also go DATES: Written comments must be No. 1–2012 (77 FR 3912). through security screening when you submitted to the office listed in the Signed at Washington, DC, on June 5, 2017. enter the building. Registration for the CONTACT section below on or before meeting will go live via Eventbrite on Dorothy Dougherty, July 7, 2017. June 30, 2017, at 10:00 a.m. EDT. To OMB is particularly interested in Deputy Assistant Secretary of Labor for register for the meeting, please do so at Occupational Safety and Health. comments that help the agency to: this Eventbrite link: https:// • Evaluate whether the proposed [FR Doc. 2017–12095 Filed 6–9–17; 8:45 am] www.eventbrite.com/e/freedom-of- BILLING CODE 4510–26–P collection of information is necessary information-act-foia-advisory- for the proper performance of the committee-meeting-july-20-2017- functions of the agency, including registration-30857353174. whether the information will have NATIONAL ARCHIVES AND RECORDS This program will be live-streamed on ADMINISTRATION practical utility; the U.S. National Archives’ YouTube • Evaluate the accuracy of the channel, https://www.youtube.com/ agency’s estimate of the burden of the Office of Government Information user/usnationalarchives/playlists. The Services (OGIS) proposed collection of information webcast will include a captioning including the validity of the [NARA–2017–048] option. To request additional methodology and assumptions used; accommodations (e.g., a transcript), • Enhance the quality, utility and Freedom of Information Act (FOIA) email foia-advisory-committee@ Advisory Committee; Meeting clarity of the information to be nara.gov or call 202–741–5770. collected; and AGENCY: National Archives and Records Members of the media who wish to • Minimize the burden of the Administration (NARA). register, those who are unable to register collection of information on those who online, and those who require special ACTION: Notice of Federal Advisory are to respond, including through the accommodations, should contact Amy Committee meeting. use of appropriate automated electronic, Bennett at the phone number, mailing mechanical, or other technological SUMMARY: In accordance with the address, or email address listed above. collection techniques or other forms of Federal Advisory Committee Act and Patrice Little Murray, information technology, e.g. permitting the second United States Open Committee Management Officer. electronic submissions of responses. Government National Action Plan ADDRESSES: Christopher J. Reich, Senior (NAP) released on December 5, 2013, [FR Doc. 2017–12120 Filed 6–9–17; 8:45 am] BILLING CODE 7515–01–P Advisor, Institute of Museum and NARA announces an upcoming Library Services, 955 L’Enfant Plaza Freedom of Information Act (FOIA) North SW., Suite 4000, Washington, DC Advisory Committee meeting. NATIONAL FOUNDATION ON THE 20024–2135. Mr. Reich can be reached DATES: The meeting will be on July 20, ARTS AND THE HUMANITIES by Telephone: 202–653–4685, Fax: 202– 2017, from 10:00 a.m. to 1:00 p.m. EDT. 653–4608, or by email at creich@ You must register for the meeting by Institute of Museum and Library imls.gov, or by teletype (TTY/TDD) at 5:00 p.m. EDT on July 18, 2017. Services 202–653–4614. LOCATION: National Archives and SUPPLEMENTARY INFORMATION: The Records Administration (NARA); 700 Submission for OMB Review, Institute of Museum and Library Pennsylvania Avenue NW., William G. Comment Request, Proposed Services is the primary source of federal McGowan Theater, Washington, DC Collection: Maker/STEM Education support for the Nation’s 123,000 20408. Support for 21st Century Community libraries and 35,000 museums. The FOR FURTHER INFORMATION CONTACT: Learning Centers Program Evaluation Institute’s mission is to inspire libraries Amy Bennett, Designated Federal AGENCY: Institute of Museum and and museums to advance innovation, Officer for this committee, by mail at Library Services, National Foundation learning, and civic engagement. The National Archives and Records on the Arts and the Humanities. Institute works at the national level and Administration; Office of Government ACTION: Submission for OMB review, in coordination with state and local Information Services; 8601 Adelphi comment request. organizations to sustain heritage, Road—OGIS; College Park, MD 20740– culture, and knowledge; enhance 6001, by telephone at 202–741–5770, or SUMMARY: The Institute of Museum and learning and innovation; and support by email at foia-advisory-committee@ Library Services announces the professional development. IMLS is nara.gov. following information collection has responsible for identifying national

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needs for and trends in museum, Estimated Total Annual Burden: 29 3. Date: July 10, 2017. This meeting library, and information services; hours. will discuss applications on the subject measuring and reporting on the impact Total Annualized cost to respondents: of Asian Studies, for the Fellowships and effectiveness of museum, library $558.71. grant program, submitted to the Division and information services throughout the Total Annualized capital/startup of Research Programs. United States, including programs costs: n/a. 4. Date: July 11, 2017. This meeting conducted with funds made available by Contact: Comments should be sent to will discuss applications on the subjects IMLS; identifying, and disseminating Office of Information and Regulatory of European Literature and Studies, for information on, the best practices of Affairs, Attn.: OMB Desk Officer for the Fellowships grant program, such programs; and developing plans to Education, Office of Management and submitted to the Division of Research improve museum, library, and Budget, Room 10235, Washington, DC Programs. information services of the United 20503, (202) 395–7316. 5. Date: July 11, 2017. This meeting States and strengthen national, State, Dated: June 6, 2017. will discuss applications on the subject local, regional, and international Kim A. Miller, of American Literature, for the communications and cooperative Grants Management Specialist. Fellowships grant program, submitted to the Division of Research Programs. networks (20 U.S.C. 72, 20 U.S.C. 9108). [FR Doc. 2017–12029 Filed 6–9–17; 8:45 am] The purpose of this collection is to 6. Date: July 11, 2017. This meeting assess the quality of Maker/STEM BILLING CODE 7036–01–P will discuss applications for Humanities program implementation at 21st Century Access Grants, submitted to the Office of Challenge Grants. Community Learning Centers (21ST NATIONAL FOUNDATION ON THE 7. Date: July 13, 2017. This meeting CCLC) and the associated outcomes for ARTS AND THE HUMANITIES participating youth, 21st CCLC site staff, will discuss applications for Humanities and museum/science center staff. The Meetings of Humanities Panel Access Grants, submitted to the Office Maker/STEM Education Support for of Challenge Grants. 21st CCLC project is designed to support AGENCY: National Endowment for the 8. Date: July 17, 2017. This meeting Maker and Science, Technology, Humanities. will discuss applications on the subject Engineering, and Math (STEM) ACTION: Notice of meetings. of Middle Eastern Studies, for the education learning by providing Fellowships grant program, submitted to SUMMARY: The National Endowment for professional development, activities, the Division of Research Programs. the Humanities will hold twenty-eight tools, and training to 21st CCLCs in 30– 9. Date: July 18, 2017. This meeting meetings of the Humanities Panel, a 40 sites across seven States or regions. will discuss applications on the subject The evaluation is intended to provide federal advisory committee, during July, of American Studies, for the insight for future changes, programmatic 2017. The purpose of the meetings is for Fellowships grant program, submitted to improvements, and learning at all levels panel review, discussion, evaluation, the Division of Research Programs. of the program. Methods will include and recommendation of applications for 10. Date: July 18, 2017. This meeting qualitative and quantitative data financial assistance under the National will discuss applications on the subject collection via a mixed methods Foundation on the Arts and Humanities of Latin American Studies, for the approach. Data will be collected through Act of 1965. Fellowships grant program, submitted to activities such as online and/or paper DATES: See SUPPLEMENTARY INFORMATION the Division of Research Programs. and pencil surveys, phone interviews, section for meeting dates. The meetings 11. Date: July 18, 2017. This meeting and in-person interviews. will open at 8:30 a.m. and will adjourn will discuss applications on the subjects Current Actions: This notice proposes by 5:00 p.m. on the dates specified of Cinema, Theater, and Dance Studies, clearance of the Maker/STEM Education below. for the Fellowships grant program, Support for 21st Century Community ADDRESSES: The meetings will be held at submitted to the Division of Research Learning Centers Program Evaluation. Constitution Center at 400 7th Street Programs. The 60-day notice for the Maker/STEM SW., Washington, DC 20506, unless 12. Date: July 19, 2017. This meeting Education Support for 21st Century otherwise indicated. will discuss applications on the subject of Art History, for the Fellowships grant Community Learning Centers Program FOR FURTHER INFORMATION CONTACT: program, submitted to the Division of Evaluation, was published in the Elizabeth Voyatzis, Committee Federal Register on February 13, 2017 Research Programs. Management Officer, 400 7th Street 13. Date: July 19, 2017. This meeting (82 FR 10501, February 13, 2017). No SW., Room 4060, Washington, DC comments were no received under this will discuss applications on the subject 20506; (202) 606–8322; of Music Studies, for the Fellowships notice. [email protected]. Agency: Institute of Museum and grant program, submitted to the Division Library Services. SUPPLEMENTARY INFORMATION: Pursuant of Research Programs. Title: Maker/STEM Education to section 10(a)(2) of the Federal 14. Date: July 19, 2017. This meeting Support for 21st Century Community Advisory Committee Act (5 U.S.C. will discuss applications on the subjects Learning Centers Program Evaluation. App.), notice is hereby given of the of Comparative Literature and Literary OMB Number: To Be Determined. following meetings: Theory, for the Fellowships grant Frequency: One-time collection 1. Date: July 10, 2017. This meeting program, submitted to the Division of anticipated. will discuss applications on the subject Research Programs. Affected Public: The target population of British Literature, for the Fellowships 15. Date: July 20, 2017. This meeting is museum/science center staff, 21st grant program, submitted to the Division will discuss applications on the subject CCLC staff, and youth participants of Research Programs. of Philosophy, for the Fellowships grant involved in the STEM/Making programs 2. Date: July 10, 2017. This meeting program, submitted to the Division of at targeted 21st CCLC sites. will discuss applications on the subject Research Programs. Number of Respondents: 96. of British Literature, for the Fellowships 16. Date: July 20, 2017. This meeting Estimated Average Burden per grant program, submitted to the Division will discuss applications on the subject Response: 32 minutes. of Research Programs. of Philosophy, for the Fellowships grant

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program, submitted to the Division of 552b(c)(4) and 552b(c)(6) of Title 5, products’’). The CFMA removed this Research Programs. U.S.C., as amended. I have made this restriction and provided that trading in 17. Date: July 24, 2017. This meeting determination pursuant to the authority security futures products would be will discuss applications for granted me by the Chairman’s regulated jointly by the Commission and Fellowships for Advanced Social Delegation of Authority to Close the Commodity Futures Trading Science Research on Japan, submitted to Advisory Committee Meetings dated Commission (‘‘CFTC’’). the Division of Research Programs. April 15, 2016. The Exchange Act requires all SROs 18. Date: July 25, 2017. This meeting Dated: June 7, 2017. to submit to the SEC any proposals to will discuss applications on the subject Elizabeth Voyatzis, amend, add, or delete any of their rules. of Religious Studies, for the Fellowships Committee Management Officer. Certain entities (Security Futures grant program, submitted to the Division Product Exchanges) would be notice of Research Programs. [FR Doc. 2017–12119 Filed 6–9–17; 8:45 am] BILLING CODE 7536–01–P registered national securities exchanges 19. Date: July 25, 2017. This meeting only because they trade security futures will discuss applications on the subjects products. Similarly, certain entities of African and Black Atlantic Studies, (Limited Purpose National Securities for the Fellowships grant program, SECURITIES AND EXCHANGE COMMISSION Associations) would be limited purpose submitted to the Division of Research national securities associations only Programs. because their members trade security 20. Date: July 26, 2017. This meeting Proposed Collection; Comment futures products. The Exchange Act, as will discuss applications on the subject Request amended by the CFMA, established a of American History, for the Upon Written Request, Copies Available procedure for Security Futures Product Fellowships grant program, submitted to From: Securities and Exchange Exchanges and Limited Purpose the Division of Research Programs. Commission, Office of FOIA Services, 21. Date: July 26, 2017. This meeting National Securities Associations to 100 F St. NE., Washington, DC 20549– provide notice of proposed rule changes will discuss applications on the subject 2736 1 of American History, for the relating to certain matters. Rule 19b–7 Fellowships grant program, submitted to Extension: and Form 19b–7 implemented this Rule 19b–7 and Form 19b–7; SEC File No. procedure. Effective April 28, 2008, the the Division of Research Programs. 270–495, OMB Control No. 3235–0553 22. Date: July 26, 2017. This meeting SEC amended Rule 19b–7 and Form will discuss applications on the subject Notice is hereby given that pursuant 19b–7 to require that Form 19b–7 be 2 of American History, for the to the Paperwork Reduction Act of 1995 submitted electronically. Fellowships grant program, submitted to (44 U.S.C. 3501 et seq.) (‘‘PRA’’), the The collection of information is the Division of Research Programs. Securities and Exchange Commission designed to provide the Commission 23. Date: July 27, 2017. This meeting (‘‘SEC’’ or ‘‘Commission’’) is soliciting with the information necessary to will discuss applications on the subject comments on the existing collection of determine, as required by the Exchange of European History, for the Fellowships information provided for in Rule 19b–7 Act, whether the proposed rule change grant program, submitted to the Division (17 CFR 240.19b–7) and Form 19b–7— is consistent with the Exchange Act and of Research Programs. Filings with respect to proposed rule the rules thereunder. The information is 24. Date: July 27, 2017. This meeting changes submitted pursuant to Section used to determine if the proposed rule will discuss applications on the subject 19b(7) under the Securities Exchange change should remain in effect or of European History, for the Fellowships Act of 1934 (15 U.S.C. 78a et seq.) abrogated. grant program, submitted to the Division (‘‘Exchange Act’’). The Commission The respondents to the collection of of Research Programs. plans to submit this existing collection information are SROs. Three 25. Date: July 27, 2017. This meeting of information to the Office of respondents file an average total of will discuss applications on the subject Management and Budget for extension approximately 3 responses per year.3 of American History, for the and approval. Each response takes approximately 12.5 Fellowships grant program, submitted to The Exchange Act provides a hours to complete and each amendment the Division of Research Programs. framework for self-regulation under takes approximately 3 hours to 26. Date: July 27, 2017. This meeting which various entities involved in the complete, which correspond to an will discuss applications for Humanities securities business, including national estimated annual response burden of Access Grants, submitted to the Office securities exchanges and national 37.5 hours ((3 rule change proposals × of Challenge Grants. securities associations (collectively, self- 27. Date: July 31, 2017. This meeting regulatory organizations or ‘‘SROs’’), 1 These matters are higher margin levels, fraud or will discuss applications on the subject have primary responsibility for manipulation, recordkeeping, reporting, listing of Asian Studies, for the Fellowships regulating their members or standards, or decimal pricing for security futures grant program, submitted to the Division participants. The role of the products; sales practices for security futures of Research Programs. Commission in this framework is products for persons who effect transactions in security futures products; or rules effectuating the 28. Date: July 31, 2017. This meeting primarily one of oversight; the Exchange obligation of Security Futures Product Exchanges will discuss applications on the subjects Act charges the Commission with and Limited Purpose National Securities of Communication, Media, and supervising the SROs and assuring that Associations to enforce the securities laws. See 15 Rhetoric, for the Fellowships grant each complies with and advances the U.S.C. 78s(b)(7)(A). 2 program, submitted to the Division of policies of the Exchange Act. See Securities Exchange Act Release No. 57526 (March 19, 2008), 73 FR 16179 (March 27, 2008). Research Programs. The Exchange Act was amended by 3 There are currently four Security Futures Because these meetings will include the Commodity Futures Modernization Product Exchanges and one Limited Purpose review of personal and/or proprietary Act of 2000 (‘‘CFMA’’). Prior to the National Securities Association, the National financial and commercial information CFMA, federal law did not allow the Futures Authority. However, two Security Futures given in confidence to the agency by Product Exchanges currently do not trade security trading of futures on individual stocks futures products and, as a result, have not been grant applicants, the meetings will be or on narrow-based stock indexes filing proposed rule changes. Therefore, there are closed to the public pursuant to sections (collectively, ‘‘security futures currently three respondents to Form 19b–7.

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12.5 hours) + (0 amendments 4 × 3 confidential; the information collected Office of Management and Budget hours)). The average internal cost of is public information. (‘‘OMB’’) for extension and approval. compliance per response is $4,761 (11.5 Written comments are invited on: (a) The primary purpose of Rule 17a–10 legal hours multiplied by an average Whether the proposed collection of is to obtain the economic and statistical hourly rate of $396 5 plus 1 hour of information is necessary for the proper data necessary for an ongoing analysis paralegal work multiplied by an average performance of the functions of the of the securities industry. Paragraph hourly rate of $207 6). The total resulting Commission, including whether the (a)(1) of Rule 17a–10 generally requires internal cost of compliance for a information shall have practical utility; broker-dealers that are exempted from respondent is $14,283 per year (3 (b) the accuracy of the Commission’s the requirement to file monthly and responses × $4,761 per response). estimates of the burden of the proposed quarterly reports pursuant to paragraph In addition to filing its proposed rule collection of information; (c) ways to (a) of Exchange Act Rule 17a–5 (17 CFR changes and any amendments thereto enhance the quality, utility, and clarity 240.17a–5) to file with the Commission with the Commission, a respondent is of the information collected; and (d) the Facing Page, a Statement of Income ways to minimize the burden of the (Loss), and balance sheet from Part IIA also required to post each of its 1 proposals and any amendments thereto, collection of information on of Form X–17A–5 (17 CFR 249.617), on its Web site. This process takes respondents, including through the use and Schedule I of Form X–17A–5 not approximately 0.5 hours to complete per of automated collection techniques or later than 17 business days after the end proposal and 0.5 hours per amendment. other forms of information technology. of each calendar year. Paragraph (a)(2) of Rule 17a–10 Thus, for approximately 3 responses Consideration will be given to requires a broker-dealer subject to Rule and 0 amendments,7 the total annual comments and suggestions submitted in 17a–5(a) to submit Schedule I of Form reporting burden on a respondent to writing within 60 days of this publication. X–17A–5 with its Form X–17A–5 for the post these on its Web site is 1.5 hours calendar quarter ending December 31 of ((3 proposals per year × 0.5 hours per An agency may not conduct or × sponsor, and a person is not required to each year. The burden associated with filing) + (0 amendments 0.5 hours)). filing Schedule I of Form X–17A–5 is Further, a respondent is required to respond to, a collection of information under the PRA unless it displays a accounted for in the PRA filing update its rulebook, which it maintains associated with Rule 17a–5. on its Web site, to reflect the changes currently valid OMB control number. Please direct your written comments Paragraph (b) of Rule 17a–10 provides that it makes in each proposal and any that the provisions of paragraph (a) do amendment thereto. Thus, for all filings to: Pamela Dyson, Director/Chief Information Officer, Securities and not apply to members of national that were not withdrawn by a securities exchanges or registered respondent (0 withdrawn filings in Exchange Commission, c/o Remi Pavlik- Simon, 100 F Street NE., Washington, national securities associations that calendar years 2014–2016) or _ maintain records containing the disapproved by the Commission (0 DC 20549, or send an email to: PRA [email protected]. information required by Form X–17A–5 disapproved filings in calendar years and which transmit to the Commission 2014–2016), a respondent was required Dated: June 7, 2017. copies of the records pursuant to a plan to update its online rulebook to reflect Eduardo A. Aleman, which has been declared effective by the the effectiveness of 3 filings on average, Assistant Secretary. Commission. each of which takes approximately 4 [FR Doc. 2017–12087 Filed 6–9–17; 8:45 am] The Commission estimates that hours to complete per proposal. Thus, BILLING CODE 8011–01–P approximately 38 broker-dealers will the total annual reporting burden for spend an average of 12 hours per year updating an online rulebook is 12 hours complying with Rule 17a–10. Thus, the ((3 filings per year ¥ 0 withdrawn SECURITIES AND EXCHANGE total compliance burden is estimated to filings ¥ 0 disapproved filings) × 4 COMMISSION be approximately 456 hours per year. hours). Written comments are invited on: (a) Compliance with Rule 19b–7 is Proposed Collection; Comment Whether the proposed collection of mandatory. Information received in Request information is necessary for the proper response to Rule 19b–7 is not kept performance of the functions of the Upon Written Request, Copies Available Commission, including whether the From: Securities and Exchange 4 SEC staff notes that even though no information shall have practical utility; Commission, Office of FOIA Services, (b) the accuracy of the Commission’s amendments were received in the previous three 100 F Street NE., Washington, DC years and that staff does not anticipate the receipt estimates of the burden of the proposed of any amendments, calculation of amendments is 20549–2736. collection of information; (c) ways to a separate step in the calculation of the PRA burden Extension: and it is possible that amendments are filed in the enhance the quality, utility, and clarity future. Therefore, instead of removing the Rule 17a–10; SEC File No. 270–154, OMB of the information collected; and (d) calculation altogether, staff has shown the Control No. 3235–0122 ways to minimize the burden of the calculation as anticipating zero amendments. Notice is hereby given that pursuant collection of information on 5 The $396 per hour figure for an Attorney is from respondents, including through the use SIFMA’s Management & Professional Earnings in to the Paperwork Reduction Act of 1995 the Securities Industry 2013, modified by (44 U.S.C. 3501 et seq.) (‘‘PRA’’), the of automated collection techniques or Commission staff to account for inflation and an Securities and Exchange Commission other forms of information technology. 1800-hour work-year and then multiplied by 5.35 (‘‘Commission’’) is soliciting comments Consideration will be given to to account for bonuses, firm size, employee on the existing collection of information comments and suggestions submitted in benefits, and overhead. writing within 60 days of this 6 The $207 per hour figure for a Paralegal is from provided for in Rule 17a–10, Report of SIFMA’s Management & Professional Earnings in Revenue and Expenses (17 CFR publication. the Securities Industry 2013, modified by 240.17a–10), under the Securities Commission staff to account for inflation and an Exchange Act of 1934 (15 U.S.C. 78a et 1 Form X–17A–5 is the Financial and Operational 1800-hour work-year and then multiplied by 5.35 Combined Uniform Single Report (‘‘FOCUS to account for bonuses, firm size, employee seq.) (‘‘Exchange Act’’). The Report’’), which is used by broker-dealers to benefits, and overhead. Commission plans to submit this provide certain required information to the 7 See supra note 4. existing collection of information to the Commission.

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An agency may not conduct or designated examining authority. Notices SECURITIES AND EXCHANGE sponsor, and a person is not required to prepared pursuant to Rule 17f–2(e) must COMMISSION respond to, a collection of information be maintained for as long as the covered under the PRA unless it displays a entity claims an exemption from the [Release No. 34–80868; File No. SR– PEARL–2017–28] currently valid OMB control number. fingerprinting requirements of Rule 17f– Please direct your written comments 2. The recordkeeping requirement under Self-Regulatory Organizations; MIAX to: Pamela Dyson, Director/Chief Rule 17f–2(e) assists the Commission PEARL, LLC; Notice of Filing and Information Officer, Securities and and other regulatory agencies with Immediate Effectiveness of a Proposed Exchange Commission, c/o Remi Pavlik- ensuring compliance with Rule 17f–2. Rule Change To Amend MIAX PEARL Simon, 100 F Street NE., Washington, Rule 406, Long Term Option Contracts DC 20549, or send an email to: PRA_ We estimate that approximately 75 [email protected]. respondents will incur an average June 6, 2017. burden of 30 minutes per year to Dated: June 7, 2017. Pursuant to the provisions of Section comply with this rule, which represents Eduardo A. Aleman, 19(b)(1) of the Securities Exchange Act the time it takes for a staff person at a 1 Assistant Secretary. of 1934 (‘‘Act’’) and Rule 19b–4 covered entity to properly document a thereunder,2 notice is hereby given that [FR Doc. 2017–12089 Filed 6–9–17; 8:45 am] claimed exemption from the on June 5, 2017, MIAX PEARL, LLC BILLING CODE 8011–01–P fingerprinting requirements of Rule 17f– (‘‘MIAX PEARL’’ or ‘‘Exchange’’) filed 2 in the required Notice and to properly with the Securities and Exchange SECURITIES AND EXCHANGE retain the Notice according to the Commission (‘‘Commission’’) a COMMISSION entity’s record retention policies and proposed rule change as described in procedures. The total annual burden for Items I and II below, which Items have Proposed Collection; Comment all covered entities is approximately 38 been prepared by the Exchange. The Request hours (75 entities × .5 hours, rounded Commission is publishing this notice to up). solicit comments on the proposed rule Upon Written Request, Copies Available change from interested persons. From: Securities and Exchange Written comments are invited on: (a) Commission, Office of FOIA Services, Whether the proposed collection of I. Self-Regulatory Organization’s 100 F Street NE., Washington, DC information is necessary for the proper Statement of the Terms of Substance of 20549–2736 performance of the functions of the the Proposed Rule Change Commission, including whether the Extension: The Exchange is filing a proposal to Rule 17f–2(e); SEC File No. 270–37, OMB information shall have practical utility; amend Exchange Rule 406, Long Term Control No. 3235–0031 (b) the accuracy of the Commission’s Option Contracts. estimates of the burden of the proposed Notice is hereby given that pursuant The text of the proposed rule change to the Paperwork Reduction Act of 1995 collection of information; (c) ways to is available on the Exchange’s Web site (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the enhance the quality, utility, and clarity at http://www.miaxoptions.com/rule- Securities and Exchange Commission of the information collected; and (d) filings/pearl at MIAX PEARL’s principal (‘‘Commission’’) is soliciting comments ways to minimize the burden of the office, and at the Commission’s Public on the collection of information collection of information on Reference Room. respondents, including through the use provided for in Rule 17f–2(e) (17 CFR II. Self-Regulatory Organization’s 240.17f–2(e)) under the Securities of automated collection techniques or Statement of the Purpose of, and Exchange Act of 1934 (15 U.S.C. 78a et other forms of information technology. Statutory Basis for, the Proposed Rule seq.). The Commission plans to submit Consideration will be given to Change this existing collection of information to comments and suggestions submitted in the Office of Management and Budget writing within 60 days of this In its filing with the Commission, the (‘‘OMB’’) for extension and approval. publication. Exchange included statements concerning the purpose of and basis for Rule 17f–2(e) requires every member An agency may not conduct or of a national securities exchange, the proposed rule change and discussed sponsor, and a person is not required to any comments it received on the broker, dealer, registered transfer agent, respond to, a collection of information and registered clearing agency (‘‘covered proposed rule change. The text of these under the PRA unless it displays a entities’’) claiming an exemption from statements may be examined at the currently valid OMB control number. the fingerprinting requirements of Rule places specified in Item IV below. The 17f–2 to make and keep current a Please direct your written comments Exchange has prepared summaries, set statement entitled ‘‘Notice Pursuant to to: Pamela Dyson, Director/Chief forth in sections A, B, and C below, of Rule 17f–2’’ (‘‘Notice’’) containing the Information Officer, Securities and the most significant aspects of such information specified in paragraph (e)(1) Exchange Commission, c/o Remi Pavlik- statements. to support their claim of exemption. Simon, 100 F Street NE., Washington, A. Self-Regulatory Organization’s Rule 17f–2(e) contains no filing DC 20549, or send an email to: Statement of the Purpose of, and the requirement. Instead, paragraph (e)(2) [email protected]. Statutory Basis for, the Proposed Rule requires covered entities to keep a copy Dated: June 7, 2017. Change of the Notice in an easily accessible place at the organization’s principal Eduardo A. Aleman, 1. Purpose office and at the office employing the Assistant Secretary. The Exchange is proposing to amend persons for whom exemptions are [FR Doc. 2017–12088 Filed 6–9–17; 8:45 am] Exchange Rule 406, Long Term Option claimed and to make the Notice BILLING CODE 8011–01–P Contracts, to make three simple available upon request for inspection by the Commission, appropriate regulatory 1 15 U.S.C. 78s(b)(1). agency (if not the Commission) or other 2 17 CFR 240.19b–4.

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clarifying changes to the Rule, as listings of long term options on the Comments may be submitted by any of described below. Exchange. the following methods: Currently, Exchange Rule 406(a) states B. Self-Regulatory Organization’s Electronic Comments that the Exchange may list long-term Statement on Burden on Competition option contracts that expire from twelve • Use the Commission’s Internet The Exchange does not believe that (12) to thirty-nine (39) months from the comment form (http://www.sec.gov/ the proposed rule change will impose time they are listed. The Exchange rules/sro.shtml); or any burden on competition that is not proposes to amend Rule 406(a) by • defining option contracts that expire necessary or appropriate in furtherance Send an email to rule-comments@ from twelve (12) to thirty-nine (39) of the purposes of the Act. The sec.gov. Please include File No. SR– months from the time they are listed as proposed rule change will have no PEARL–2017–28 on the subject line. impact on competition as it is not ‘‘long-term expiration months.’’ Paper Comments Rule 406(a) currently states that there designed to address any competitive may be ‘‘up to six additional expiration issues but rather to add additional • Send paper comments in triplicate months.’’ As currently written, the Rule clarity to, and remedy possible conflicts to Secretary, Securities and Exchange does not specify which expiration in, the Exchange’s Rules. Commission, 100 F Street NE., months the six months are in addition The Exchange does not believe that Washington, DC 20549–1090. to, or whether that means that there may the proposed rule changes will impose be a total of six expiration months (with any burden on intermarket competition All submissions should refer to File No. six long-term expiration months deemed as the Rules apply equally to all SR–PEARL–2017–28. This file number ‘‘additional’’ expiration months) or Exchange Members. should be included on the subject line if email is used. To help the seven expiration months (one long term C. Self-Regulatory Organization’s Commission process and review your expiration month plus six additional Statement on Comments on the long-term expiration months), and thus Proposed Rule Change Received From comments more efficiently, please use is ambiguous. Accordingly, for clarity, Members, Participants, or Others only one method. The Commission will the Exchange proposes to delete the post all comments on the Commission’s word ‘‘additional’’ from Rule 406(a). As Written comments were neither Internet Web site (http://www.sec.gov/ amended, the rule would clearly and solicited nor received. rules/sro.shtml). Copies of the simply provide that the Exchange may III. Date of Effectiveness of the submission, all subsequent list six expiration months having from Proposed Rule Change and Timing for amendments, all written statements twelve up to thirty-nine months from Commission Action with respect to the proposed rule the time they are listed until expiration. Because the foregoing proposed rule change that are filed with the Finally, in order to further clarify the change does not: (i) Significantly affect Commission, and all written Rule, the Exchange is proposing to the protection of investors or the public communications relating to the amend Rule 406(a) to state that there interest; (ii) impose any significant proposed rule change between the may be up to six (6) long-term burden on competition; and (iii) become Commission and any person, other than expiration months per option class. operative for 30 days from the date on those that may be withheld from the Thus, there is no limit to the number of which it was filed, or such shorter time public in accordance with the option classes for which the Exchange as the Commission may designate, it has provisions of 5 U.S.C. 552, will be could list options with long-term become effective pursuant to Section available for Web site viewing and expiration months; the rule will now 19(b)(3)(A) of the Act 5 and printing in the Commission’s Public clearly state that there may be up to six subparagraph (f)(6) of Rule 19b–4 Reference Room, 100 F Street NE., long-term expiration months per class, thereunder.6 Washington, DC 20549, on official i.e., for any class(es) in which the At any time within 60 days of the business days between the hours of Exchange determines to list options filing of the proposed rule change, the 10:00 a.m. and 3:00 p.m. Copies of the with long-term expiration months. Commission summarily may filing also will be available for 2. Statutory Basis temporarily suspend such rule change if inspection and copying at the principal it appears to the Commission that such MIAX PEARL believes that its office of the Exchange. All comments action is necessary or appropriate in the proposed rule change is consistent with received will be posted without change; public interest, for the protection of Section 6(b) of the Act 3 in general, and the Commission does not edit personal investors, or otherwise in furtherance of furthers the objectives of Section 6(b)(5) identifying information from the purposes of the Act. of the Act 4 in particular, in that it is submissions. You should submit only designed to prevent fraudulent and IV. Solicitation of Comments information that you wish to make available publicly. All submissions manipulative acts and practices, to Interested persons are invited to should refer to File No. SR–PEARL– promote just and equitable principles of submit written data, views, and 2017–28, and should be submitted on or trade, to foster cooperation and arguments concerning the foregoing, before July 3, 2017. coordination with persons engaged in including whether the proposed rule facilitating transactions in securities, to change is consistent with the Act. For the Commission, by the Division of remove impediments to and perfect the Trading and Markets, pursuant to delegated mechanisms of a free and open market 7 5 15 U.S.C. 78s(b)(3)(A). authority. and a national market system and, in 6 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Brent J. Fields, general, to protect investors and the 4(f)(6) requires a self-regulatory organization to give Secretary. public interest, by clarifying rule the Commission written notice of its intent to file language associated with permitted the proposed rule change at least five business days [FR Doc. 2017–12041 Filed 6–9–17; 8:45 am] prior to the date of filing of the proposed rule BILLING CODE 8011–01–P change, or such shorter time as designated by the 3 15 U.S.C. 78f(b). Commission. The Exchange has satisfied this 4 15 U.S.C. 78f(b)(5). requirement. 7 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE Paragraph A of Section 102.04 of the outstanding. All Funds disclose NAV on COMMISSION NYSE Listed Company Manual (the at least a quarterly basis and many ‘‘Manual’’) currently permits the listing disclose it more frequently. While [Release No. 34–80867; File No. SR–NYSE– 2017–08] of a closed-end management investment Funds typically trade at either a company registered under the premium or discount to NAV, their Self-Regulatory Organizations; New Investment Company Act of 1940 (a share price generally maintains a close York Stock Exchange LLC; Notice of ‘‘Fund’’) that meets the distribution relationship to NAV. As a consequence, Filing of Proposed Rule Change To requirements of Section 102.01A of the the market price of a Fund is less reliant Amend its Listing Standards for Manual and the stock price and market on the price discovery mechanism of a Closed-end Funds value of publicly-held shares liquid trading market than is the case requirement of Section 102.01B of the with operating companies. As Exchange June 6, 2017. Manual, provided that the required listing requirements with respect to 1 Pursuant to Section 19(b)(1) of the market value of publicly held shares for publicly held shares are generally Securities Exchange Act of 1934 Funds is $60 million regardless of intended to facilitate a liquid trading 2 3 (‘‘Act’’) and Rule 19b–4 thereunder, whether it is an IPO or an existing Fund. market for operating companies, the role notice is hereby given that on May 24, Notwithstanding the foregoing of a Fund’s NAV in determining the 2017, New York Stock Exchange LLC requirement for market value of publicly market price of its securities makes (‘‘NYSE’’ or the ‘‘Exchange’’) filed with held shares of $60 million, the Exchange publicly held shares requirements less the Securities and Exchange will generally authorize the listing of all important for Funds than for operating Commission (‘‘Commission’’) the the Funds in a group of Funds listed companies. Therefore, the Exchange proposed rule change as described in concurrently with a common believes that NAV is an appropriate Items I, II, and III below, which Items investment adviser or investment additional or alternative measure of the have been prepared by the self- advisers who are ‘‘affiliated persons’’, as suitability of Funds for initial and regulatory organization. The defined in Section 2(a)(3) of the continued listing. Commission is publishing this notice to Investment Company Act of 1940, as solicit comments on the proposed rule amended, if: As proposed, a Fund would be change from interested persons. • Total group market value of qualified for listing on a stand-alone publicly held shares equals in the basis if it has a market value of publicly I. Self-Regulatory Organization’s held shares or net assets of at least $20 Statement of the Terms of Substance of aggregate at least $200 million; • The group market value of publicly million. As further proposed, Funds the Proposed Rule Change held shares averages at least $45 million would be eligible to be listed The Exchange proposes to amend its per Fund; and concurrently with a common listing standards for closed-end funds. • No one Fund in the group has investment adviser or investment The proposed rule change is available market value of publicly held shares of advisers who are ‘‘affiliated persons’’, as on the Exchange’s Web site at less than $30 million. defined in Section 2(a)(3) of the www.nyse.com, at the principal office of Section 802.01B of the Manual Investment Company Act of 1940, as the Exchange, and at the Commission’s provides that the Exchange will amended, if: Public Reference Room. promptly initiate suspension and • The group has a total market value delisting procedures with respect to a II. Self-Regulatory Organization’s of publicly held shares or net assets of Fund if the average market Statement of the Purpose of, and at least $75 million; capitalization of the entity over 30 Statutory Basis for, the Proposed Rule • consecutive trading days is below $15 The Funds in the group have an Change million. In addition, the Exchange will average market value of publicly held In its filing with the Commission, the promptly initiate suspension and shares or net assets of at least $15 self-regulatory organization included delisting procedures with respect to a million; and statements concerning the purpose of, Fund if it ceases to maintain its closed- • Each Fund in the group has a and basis for, the proposed rule change end status. The Exchange will notify the market value of publicly held shares or and discussed any comments it received Fund if the average market net assets of at least $10 million. on the proposed rule change. The text capitalization falls below $25 million These proposed initial listing of those statements may be examined at and will advise the Fund of the delisting standards are based on Section 101(g) of the places specified in Item IV below. standard. Funds are not eligible to the NYSE MKT Company Guide without The Exchange has prepared summaries, follow the cure procedures outlined in any substantive differences. set forth in sections A, B, and C below, Sections 802.02 and 802.03 of the of the most significant parts of such Manual. The continued listing standards for statements. The Exchange proposes to amend Funds set forth in Section 802.01B Paragraph A of Section 102.04 and currently provide that a Fund is subject A. Self-Regulatory Organization’s Section 802.01B to eliminate their to delisting if its average market Statement of the Purpose of, and the current requirements with respect to the capitalization is less than $15 million Statutory Basis for, the Proposed Rule initial and continued listing of Funds over 30 trading days. The Exchange Change and replace them with listing proposes to replace this requirement 1. Purpose requirements substantively identical to with a new continued listing standard providing that a Fund would be subject The Exchange proposes to amend its those under the current NYSE MKT to delisting if the total market value of listing standards for closed-end funds to listing standards for Funds. The publicly held shares and net assets are conform them to those of NYSE MKT proposed amended standards would each less than $5 million for more than LLC (‘‘NYSE MKT’’). include requirements with respect to a Fund’s net asset value. The net asset 60 consecutive calendar days. These proposed continued listing standards 1 15 U.S.C. 78s(b)(1). value (or ‘‘NAV’’) of a Fund is the value 2 15 U.S.C. 78a. of all Fund assets (less liabilities) are based on Section 1003(b)(v) of the 3 17 CFR 240.19b–4. divided by the number of shares NYSE MKT Company Guide without

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any substantive differences.4 The (C) the total market value of shares extended period, the staff’s experience Exchange further proposes to lower the publicly held is less than $1,000,000 for has been that the application of the threshold for when the Exchange would more than 90 calendar consecutive days. NYSE MKT Fund listing standards has advise the Fund of the delisting The Exchange and NYSE MKT are resulted in the listing of Funds that have standard. Because the market under common ownership and issuers generally been suitable on an ongoing capitalization component of the listed on both markets are subject to basis for exchange trading. delisting standard would be $5 million oversight by the same regulatory staff. Consequently, based on this experience, of total market value of publicly held Therefore, the staff of NYSE Regulation the Exchange believes that, by adopting shares over 60 calendar days instead of responsible for regulation of both amended initial and continued listing an average of $15 million of market markets has observed over time the standards for Funds that are capitalization over 30 trading days as is application of the NYSE MKT listing substantially the same as those of NYSE currently the case, the Exchange rules for Funds. In the staff’s MKT, the Exchange would continue to proposes to similarly reduce the experience, Funds listed under the have listing standards which would notification threshold from an average NYSE MKT Fund listing standards ensure that listed Funds are suitable for market capitalization of $25 million to rarely become unsuitable over time for exchange trading. Consequently, the a total market value of publicly held continued exchange trading. Exchange believes that the proposed shares over a 60 calendar day period of Consequently, the Exchange believes rule change is consistent with the $10 million. that, in adopting listing standards for protection of investors and the public The Exchange also proposes to Funds that are substantially similar to interest. conform its distribution standards for those of NYSE MKT, its proposed initial The modification of the market continued listing of Funds to those of and continued listing standards for capitalization level at which the NYSE MKT. Common stocks of Funds Funds would be consistent with the Exchange provides an early warning to are currently subject to the distribution protection of investors. an issuer from $25 million of average requirements for the common stocks of The Exchange is also proposing to market capitalization over 30 trading operating companies set forth in Section correct a typographical error in Section days to $10 million of market value of 802.01A of the Manual.5 The Exchange 802.01B. publicly held shares over 60 calendar proposes to replace those requirements 2. Statutory Basis days is consistent with the proposed amendment to the substantive for Funds with distribution standards The Exchange believes that the substantively identical to those applied continued listing standard. It would proposed rule change is consistent with provide issuers with sufficient warning to Funds by NYSE MKT under Section Section 6(b) of the Act,7 in general, and 1003(b)(i) of the NYSE MKT Company of any potential noncompliance and is furthers the objectives of Section therefore consistent with the protection Guide. Under the proposed amendment, 6(b)(5) 8 of the Act, in particular in that the Exchange would normally give of investors and the public interest. it is designed to promote just and The Exchange believes that the consideration to the prompt initiation of equitable principles of trade, to foster suspension and delisting procedures proposed amendment would facilitate cooperation and coordination with the listing and trading of a greater with respect to the common stock of a persons engaged in regulating, clearing, Fund if: number of Funds on the Exchange, settling, processing information with enhancing competition among market (A) The number of shares publicly respect to, and facilitating transactions held 6 (is less than 200,000; or participants, to the benefit of investors in securities, to remove impediments to and the marketplace. (B) the total number of public and perfect the mechanism of a free and shareholders is less than 300; or open market and a national market B. Self-Regulatory Organization’s system, and, in general, to protect Statement on Burden on Competition 4 The Exchange would monitor compliance on an investors and the public interest and is ongoing basis with the proposed amended total The Exchange does not believe that market value of publicly held shares requirement. not designed to permit unfair the proposed rule change will impose The Exchange would communicate with any Fund discrimination between customers, any burden on competition that is not whose total market value of publicly held shares issuers, brokers, or dealers. necessary or appropriate in furtherance fell below $5 million over 60 calendar days to The proposed amendment is of the purposes of the Act. The enable the Fund to provide evidence that its net consistent with Section 6(b)(5) of the assets had exceeded $5 million over the required proposed rule change is designed to period. The Exchange would promptly initiate Act, as the initial and continued listing harmonize the Exchange’s rules with suspension and delisting procedures with respect to criteria set forth in the proposed rules those of NYSE MKT. As such, it is any such Fund that was unable at that time to are designed to protect investors and the intended to promote competition for the display compliance with the net asset requirement. public interest. As noted above, the The Exchange notes that no Fund listed on the listing of Funds by providing them with NYSE is currently below compliance with its Exchange’s proposed amended listing a greater number of listing venue continued listing standards. requirements for Funds are alternatives. 5 Under Section 802.01A, a Fund is below substantively identical to those of NYSE compliance if (i) its total number of stockholders is MKT. The Exchange and NYSE MKT are C. Self-Regulatory Organization’s less than 400; (ii) the number of total stockholders under common ownership and issuers Statement on Comments on the is less than 1,200 and the average monthly trading Proposed Rule Change Received From volume is less than100,000 shares (for the most listed on both markets are subject to recent 12 months); or (iii) the number of publicly- oversight by the same regulatory staff. Members, Participants, or Others held shares is less than 600,000. Therefore, the staff of NYSE Regulation No written comments were solicited 6 Shares held by directors, officers, or their which is responsible for regulation of immediate families and other concentrated holdings or received with respect to the proposed of 10 percent or more will be excluded in both the Exchange and NYSE MKT has rule change. calculating the number of publicly-held shares and observed over an extended period of III. Date of Effectiveness of the number of public shareholders for purposes of the time the application of the NYSE MKT Proposed Rule Change and Timing for proposed continued listing standards. The listing rules for Funds. Over this definition of publicly-held shares in the NYSE MKT Commission Action rule is worded differently but is applied in exactly the same way that the proposed NYSE provision 7 15 U.S.C. 78f(b). Within 45 days of the date of would be applied. 8 15 U.S.C. 78f(b)(5). publication of this notice in the Federal

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Register or up to 90 days (i) as the information that you wish to make 19(b)(2)(B) of the Act 6 to determine Commission may designate if it finds available publicly. All submissions whether to approve or disapprove the such longer period to be appropriate should refer to File Number SR–NYSE– proposed rule change.7 Following the and publishes its reasons for so finding 2017–08, and should be submitted on or Order Instituting Proceedings, the or (ii) as to which the self-regulatory before July 3, 2017. Commission received 21 additional 8 organization consents, the Commission For the Commission, by the Division of comment letters, and a response letter will: Trading and Markets, pursuant to delegated from the Exchange.9 (A) By order approve or disapprove authority.9 Section 19(b)(2) of the Act 10 provides the proposed rule change, or Brent J. Fields, that, after initiating proceedings, the (B) institute proceedings to determine Secretary. Commission shall issue an order whether the proposed rule change approving or disapproving the proposed [FR Doc. 2017–12040 Filed 6–9–17; 8:45 am] should be disapproved. rule change not later than 180 days after BILLING CODE 8011–01–P IV. Solicitation of Comments the date of publication of notice of filing of the proposed rule change. The Interested persons are invited to Commission may, however, extend the submit written data, views, and SECURITIES AND EXCHANGE COMMISSION period for issuing an order approving or arguments concerning the foregoing, disapproving the proposed rule change including whether the proposed rule [Release No. 34–80864; File No. SR–CHX– by not more than 60 days if the change is consistent with the Act. 2016–20] Commission determines that a longer Comments may be submitted by any of period is appropriate and publishes the Self-Regulatory Organizations; the following methods: reasons for such determination. The Chicago Stock Exchange, Inc.; Notice proposed rule change was published for Electronic Comments of Designation of Longer Period for notice and comment in the Federal • Commission Action on Proceedings To Use the Commission’s Internet Register on December 12, 2016.11 June Determine Whether To Approve or comment form (http://www.sec.gov/ 10, 2017 is 180 days from that date, and Disapprove a Proposed Rule Change rules/sro.shtml); or August 9, 2017 is 240 days from that • in Connection With the Proposed Send an email to rule-comments@ date. Transaction Involving CHX Holdings, sec.gov. Please include File Number SR– The Commission finds it appropriate Inc. and North America Casin NYSE–2017–08 on the subject line. to designate a longer period within Holdings, Inc. Paper Comments which to issue an order approving or disapproving the proposed rule change • Send paper comments in triplicate June 6, 2017. so that it has sufficient time to consider to Brent J. Fields, Secretary, Securities On December 2, 2016, the Chicago the proposed rule change, the issues and Exchange Commission, 100 F Street Stock Exchange, Inc. (‘‘CHX’’ or raised in the comment letters that have NE., Washington, DC 20549–1090. ‘‘Exchange’’) filed with the Securities and Exchange Commission been submitted in connection therewith, All submissions should refer to File (‘‘Commission’’), pursuant to Section Number SR–NYSE–2017–08. This file 6 19(b)(1) of the Securities Exchange Act 15 U.S.C. 78s(b)(2)(B). number should be included on the 7 of 1934 (‘‘Act’’) 1 and Rule 19b–4 See Securities Exchange Act Release No. 79781, subject line if email is used. To help the 82 FR 6669 (January 19, 2017) (‘‘Order Instituting thereunder,2 a proposed rule change in Commission process and review your Proceedings’’). connection with the proposed 8 comments more efficiently, please use See letters from: (1) Reddy Dandolu, Founder, transaction involving CHX Holdings, Chief Executive Officer, Las Vegas Stock Exchange, only one method. The Commission will Inc. and North America Casin Holdings, dated February 4, 2017; (2) David Ferris, Senior post all comments on the Commission’s Inc. The proposed rule change was Research Analyst, The Public Interest Review, dated February 16, 2017; (3) Michael Brennan, Internet Web site (http://www.sec.gov/ published for comment in the Federal rules/sro.shtml). Copies of the Independent Market Commentator, dated February Register on December 12, 2016.3 The 17, 2017; (4) Lawrence Bass, Individual Supporter, submission, all subsequent Commission received five comments on Alliance for American Manufacturing, dated amendments, all written statements the proposed rule change,4 and two February 20, 2017; (5) Steven Mayer, dated with respect to the proposed rule responses from the Exchange in February 20, 2017; (6) William Park, dated February change that are filed with the 21, 2017; (7) Jason Blake, Commentator, The Wall response to certain comments.5 On Street Journal, dated February 25, 2017; (8) John Commission, and all written January 12, 2017, the Commission Meagher, Freelance Journalist, dated March 1, 2017; communications relating to the instituted proceedings under Section (9) Yong Xiao, Chief Executive Officer, North proposed rule change between the America Casin Holdings, Inc., dated March 1, 2017; Commission and any person, other than (10) Steven Caban, dated March 1, 2017; (11) Harley 9 17 CFR 200.30–3(a)(12). Seyedin, President, American Chamber of those that may be withheld from the 1 15 U.S.C. 78s(b)(1). Commerce in South China, dated March 2, 2017; public in accordance with the 2 17 CFR 240.19b–4. (12) Salvatore Nobile, dated March 2, 2017; (13) provisions of 5 U.S.C. 552, will be 3 See Securities Exchange Act Release No. 79474 Olga Gouroudeva, dated March 3, 2017; (14) John available for Web site viewing and (December 6, 2016), 81 FR 89543. R. Prufeta, dated March 3, 2017; (15) Anthony J. 4 Saliba, Saliba Ventures Holdings, LLC, dated March printing in the Commission’s Public See letters from: (1) Representative Robert Pittenger, Representative Earl L. ‘‘Buddy’’ Carter, 3, 2017; (16) Aileen Zhong, dated March 5, 2017; Reference Room, 100 F Street NE., Representative Peter DeFazio, Representative Collin (17) Duncan Karcher, dated March 5, 2017; (18) Ira Washington, DC 20549 on official Peterson, and Representative David Joyce, dated Gottlieb, Principal, Healthcare Practice, Mazars business days between the hours of December 22, 2016; (2) James N. Hill, dated USA LLP, dated March 5, 2017; (19) James N. Hill, dated March 6, 2017; (20) David Ferris, Senior 10:00 a.m. and 3:00 p.m. Copies of such December 23, 2016; (3) John Ciccarelli, dated January 2, 2017; (4) Anonymous, dated January 3, Research Analyst, The Public Interest Review, dated filing also will be available for 2017; and (5) David E. Kaplan, Executive Director, March 6, 2017; and (21) Sean Casey, dated April 24, inspection and copying at the principal Global Investigative Journalism Network, dated 2017. All of the comments are available at: https:// office of the Exchange. All comments January 4, 2017. www.sec.gov/comments/sr-chx-2016-20/ chx201620.shtml. received will be posted without change; 5 See letters from John K. Kerin, President and Chief Executive Officer, CHX, dated January 5, 9 See letter from John K. Kerin, President and the Commission does not edit personal 2017; and Albert J. Kim, Vice President and Chief Executive Officer, CHX, dated March 6, 2017. identifying information from Associate General Counsel, CHX, dated January 6, 10 15 U.S.C. 78s(b)(2). submissions. You should submit only 2017. 11 See supra note 3.

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and the Exchange’s responses to the the words ‘‘acknowledged receipt of’’ in Exchange of any claims for comments. Rule 13.2(b) with the word ‘‘received.’’ compensation; and Accordingly, the Commission, Additionally, the Exchange seeks to • replace the words ‘‘acknowledged pursuant to Section 19(b)(2) of the have the proposed changes to eliminate receipt of’’ in Rule 13.2(b) with the Act,12 designates August 9, 2017 as the the daily caps function retroactively to word ‘‘received.’’ date by which the Commission should March 1, 2017. The proposed rule Proposal To Align and Clarify the Scope either approve or disapprove the change is available on the Exchange’s of 13.2(a) With Rules of Other National proposed rule change (File No. SR– Web site at www.nyse.com, at the Securities Exchanges CHX–2016–20). principal office of the Exchange, and at For the Commission, by the Division of the Commission’s Public Reference The Exchange proposes to align the Trading and Markets, pursuant to delegated Room. scope of 13.2(a) with the rules of other authority.13 national securities exchanges 4 by II. Self-Regulatory Organization’s adding rule text specifying that, except Brent J. Fields, Statement of the Purpose of, and Secretary. as otherwise expressly provided in the Statutory Basis for, the Proposed Rule rules, the Exchange is not liable to ETP [FR Doc. 2017–12042 Filed 6–9–17; 8:45 am] Change BILLING CODE 8011–01–P Holders’ successors, representatives or In its filing with the Commission, the customers. Rule 13.2 does not authorize self-regulatory organization included the Exchange to compensate a SECURITIES AND EXCHANGE statements concerning the purpose of, successor, representative or customer of COMMISSION and basis for, the proposed rule change an ETP Holder because the rule does not and discussed any comments it received reference those entities. As such, the [Release No. 34–80866; File No. SR– Exchange believes that the proposed NYSEArca–2017–46] on the proposed rule change. The text of those statements may be examined at text specifically referencing these Self-Regulatory Organizations; NYSE the places specified in Item IV below. entities clarifies the scope of the rule. Arca, Inc.; Notice of Filing of Proposed The Exchange has prepared summaries, Proposal To Eliminate Daily Caps on Rule Change To Amend NYSE Arca set forth in sections A, B, and C below, Liability Equities Rule 13.2, Liability of of the most significant parts of such Corporation statements. Rule 13.2 provides the Exchange with the authority to compensate ETP June 6, 2017. A. Self-Regulatory Organization’s Holders for claims arising out of the Pursuant to Section 19(b)(1) 1 of the Statement of the Purpose of, and the negligent acts or omissions of its Securities Exchange Act of 1934 Statutory Basis for, the Proposed Rule employees or for the failure of its (‘‘Act’’) 2 and Rule 19b–4 thereunder,3 Change systems or facilities up to specified notice is hereby given that, on May 23, 1. Purpose amounts in paragraph (b) of the Rule. 2017, NYSE Arca, Inc. (the ‘‘Exchange’’ Specifically, Rule 13.2(b) provides that: or ‘‘NYSE Arca’’) filed with the NYSE Arca Equities Rule 13.2 (‘‘Rule • As to claims made by a single ETP Securities and Exchange Commission 13.2’’) provides a mechanism for ETP Holder, with respect to a single trading (‘‘Commission’’) the proposed rule Holders to receive compensation for day, the Exchange will not be liable in change as described in Items I and II losses sustained as a result of the excess of the larger of $100,000, or the below, which Items have been prepared negligent acts or omissions of the amount of any recovery obtained by the by the self-regulatory organization. The Exchange’s employees or for the failure Exchange under any applicable Commission is publishing this notice to of Exchange systems or facilities. insurance; solicit comments on the proposed rule Specifically, if an ETP Holder transmits • As to claims made by all ETP change from interested persons. an order to or through the Exchange’s Holders, with respect to a single trading order routing systems, electronic book, day, the Exchange will not be liable in I. Self-Regulatory Organization’s or automatic execution systems or to excess of the larger of $250,000 or the Statement of the Terms of Substance of any other automated facility of the amount of the recovery obtained by the the Proposed Rule Change Exchange and the Exchange has Exchange under any applicable The Exchange proposes to amend acknowledged receipt of the order, Rule insurance; and NYSE Arca Equities Rule 13.2 13.2(b) permits the Exchange to • As to claims made by all ETP (‘‘Liability of Corporation’’) by (1) compensate ETP Holders for losses Holders, with respect to a single aligning the scope of 13.2(a) with the resulting from ‘‘the negligent acts or calendar month, the Exchange will not rules of other national securities omissions of its employees or for the be liable in excess of the larger of exchanges by specifying that the failure of its systems or facilities.’’ The $500,000, or the amount of the recovery Exchange is not liable to its ETP Exchange is only permitted to obtained by the Exchange under any Holders’ ‘‘successors, representatives or compensate an ETP Holder for losses to applicable insurance. customers’’; (2) eliminating the daily the extent the Exchange’s rules The Exchange proposes to eliminate caps that limit the amount the Exchange authorize such compensation. As the daily caps in paragraphs (b)(1) and may compensate ETP Holders for claims described below, the Exchange proposes (b)(2). The Exchange would retain the arising under the rule; (3) changing the to: monthly cap in (b)(3) of $500,000. The procedural requirements for submitting • Align its rule with those of other proposal to eliminate the daily caps in notification to the Exchange of any national securities exchanges by adding paragraphs (b)(1) and (b)(2) is consistent claims for compensation; and (4) replace that the Exchange is not liable to with the rules of other national ‘‘successors, representatives, or securities exchanges, which only have a 12 15 U.S.C. 78s(b)(2). customers’’ of ETP Holders; 13 17 CFR 200.30–3(a)(57). • 4 See Investors’ Exchange LLC (‘‘IEX’’) Rule 1 15 U.S.C. 78s(b)(1). eliminate the daily caps on liability; • 11.260, BATS BZX Exchange Inc. (‘‘BATS’’) Rule 2 15 U.S.C. 78a. change the procedural requirements 11.16, and EDGX Exchange Inc. (‘‘EDGX’’) Rule 3 17 CFR 240.19b–4. for submitting notification to the 11.14.

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monthly cap.5 In addition, the Exchange In addition, proposed new paragraph exchanges rules related to limitations on believes that it is more appropriate and (d) would require that ETP Holders liability retroactively.9 fair to have a monthly limit on liability make such written claims by noon rather than a daily limit on liability, Eastern Time the next business day 2. Statutory Basis which could potentially result in following the day on which the use of The proposed rule change is disparate treatment among ETP Holders the Exchange gave rise to such claims. consistent with Section 6(b) of the with claims on different days. Under the The Exchange believes it is appropriate Securities Exchange Act of 1934 (the current rules, the Exchange is liable on to extend the time for an ETP Holder to ‘‘Act’’), in general, and furthers the any day as to the aggregate of all claims submit a written claim from 9:30 a.m. objectives of Section 6(b)(5),10 in up until $250,000. Therefore, ETP Eastern Time to noon Eastern Time particular, because it is designed to Holders with claims on a day where because it would provide time for an prevent fraudulent and manipulative other ETP Holders also have claims are ETP Holder to evaluate what losses may acts and practices, to promote just and less likely to receive full compensation have occurred on the prior trading day, equitable principles of trade, to foster compared to an ETP Holder that has a particularly if the issue occurred later in cooperation and coordination with claim on a day when no other or fewer the day. This proposed time frame is persons engaged in facilitating other ETP Holders have claims. based on the rules of other national 7 transactions in securities, to remove Accordingly, the Exchange’s proposal securities exchanges. impediments to, and perfect the seeks to limit the possibility for Proposed Change To Re-Word Rule mechanism of, a free and open market disparate treatment by proposing to 13.2(b) and a national market system and, in eliminate the current daily liability general, to protect investors and the caps. The Exchange proposes to replace the words ‘‘acknowledged receipt of’’ in public interest. The Exchange believes Under Rule 13.2(c), if claims cannot Rule 13.2(b) with the word ‘‘received.’’ that the proposed rule change removes be fully satisfied because in the The Exchange believes this language is impediments to and perfects the aggregate they exceed the maximum more concise and accurately reflects mechanism of a free and open market liability provided under paragraph (b), that all orders received in Exchange because it more adequately addresses the maximum amount is allocated systems, whether acknowledged or not, issues of liability by (1) eliminating the among all claims. In connection with its are eligible under the Rule. daily caps on liability and rewording proposal to eliminate the daily caps in Additionally, the Exchange notes that 13.2 (b) to reflect that all orders paragraphs (b)(1) and (b)(2), the this language is similar to that found in ‘‘received’’ are eligible under the Rule Exchange is making a conforming the rules of other national securities thus increasing the Exchange’s ability to change to eliminate in paragraph (c) the exchanges.8 compensate ETP Holders for losses reference to allocating claims arising incurred in relation to the failure of the ‘‘on a single trading day.’’ Operability of the Proposal To Eliminate Exchange’s systems or facilities or the Daily Caps on Liability negligent acts or omissions of Exchange Proposal To Change Procedural employees, (2) adding clarity and Requirements for Submitting a Claim Finally, the Exchange requests to have the proposed changes to eliminate the transparency to scope of the rule and The Exchange proposes to clarify and daily caps in paragraphs (b)(1) and (b)(2) the compensation mechanism provided change the time frame in which ETP function retroactively to March 1, 2017. for in the rule by specifying that the Holders are required to submit Specifically, the Exchange seeks to have Exchange is not liable to an ETP notification to the Exchange of any the ability to compensate ETP Holders Holder’s successors, representatives or claims for compensation under Rule in connection with losses incurred from customers, and (3) changing the 13.2. Rule 13.2(c) currently refers to an Exchange system issue on March 20, procedural requirements for submitting written notice of claims ‘‘to the 2017. Prior to March 20, 2017, the notification of claims for compensation Corporation no later than the opening of Exchange had never received a claim to the Exchange so that ETP Holders trading on the next business day that exceeded the liability limits and have a [sic] until noon Eastern Time the following the day on which the use or thus the Exchange was never prevented next business day following the day on enjoyment of the Corporation’s facilities from fully compensating an ETP Holder. which use of the Exchange’s facilities giving rise to the claim occurred . . .’’ In connection with the March, [sic] 20, gave rise to such claims to submit The Exchange proposes to clarify the 2017, system issue, the Exchange written notice. requirement to provide written notice of received claims from ETP Holders that The Exchange further believes that the all claims. Specifically, the Exchange exceed amounts provided for in the proposed changes are reasonable and daily caps. The Exchange believes that proposes to delete the reference in would remove impediments to and retroactively applying the monthly paragraph (c) to written notice and perfect the mechanism of a free and liability limit promotes fairness in that replace it with new paragraph (d), the open market because eliminating the it provides the Exchange with the ability first sentence of which would state that daily caps would not adversely affect to compensate ETP Holders equally and all claims for compensation must be in ETP Holders and would reduce the risk reduces the potential for disparate writing. The proposal would conform that a loss is not covered by the treatment among ETP Holders who the Exchange’s notice requirements for Exchange’s liability limits. Further, the suffered a loss on March 20, 2017 and claims to that of other national Exchange believes that the proposed those ETP Holder [sic] who suffered a securities exchanges, which require text specifically referencing that the written notice of claims.6 loss on a different day. Lastly, the Exchange notes that the Commission Exchange is not liable to ETP Holders’ successors, representatives or customers 5 has approved other national securities See ISE Rule 705, Nasdaq Stock Market LLC aligns the scope of the rule with that of (‘‘Nasdaq’’) Rule 4626, Nasdaq OMX PHLX LLC (‘‘Nasdaq PHLX’’) Rule 1015, and Nasdaq BX, Inc. Time on the next business day following the system (‘‘Nasdaq BX’’) Rule 4626. issue). 9 See Securities Exchange Act Release No. 56085 6 See Nasdaq Rule 4626, Nasdaq PHLX Rule 1015, 7 Id. (July 17, 2007), 72 FR 40348 (July 24, 2007) (SR– and Nasdaq BX Rule 4626 (providing that members 8 See NYSE Rule 18(b) and NYSE MKT Rule NYSE–2007–09). must submit claims in writing by noon Eastern 18(b). 10 15 U.S.C. 78f(b)(5).

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other national securities exchanges 11 of trade, fosters cooperation and Comments may be submitted by any of and provides transparency as to the coordination with persons engaged in the following methods: rule’s application. facilitating transactions in securities, Further, clarifying and extending by a removes impediments to, and perfects Electronic Comments few hours the deadline in which ETP the mechanism of, a free and open • Use the Commission’s Internet Holders are required to submit written market and a national market system comment form (http://www.sec.gov/ notice of claims for compensation is and, in general, better protects investors rules/sro.shtml); or reasonable given that an ETP Holder and the public interest because it • may not be aware of a claim or able to reduces the risk that losses suffered by Send an email to rule-comments@ file a claim before the market open on a participant would be treated sec.gov. Please include File Number SR– the next business day. Additionally, the differently depending on the day or NYSEArca–2017–46 on the subject line. proposed procedural provisions are trading venue that the issue occurred Paper Comments equitable because all ETP Holders are on. subject to the same procedural process • Send paper comments in triplicate for submitting claims for compensation. B. Self-Regulatory Organization’s Statement on Burden on Competition to Secretary, Securities and Exchange In addition, the Exchange notes that Commission, 100 F Street NE., other national securities exchanges have The Exchange does not believe that Washington, DC 20549–1090. similar requirements with respect to the the proposed rule change will impose timing in which written notice of claims any burden on competition that is not All submissions should refer to File must be submitted.12 necessary or appropriate in furtherance Number SR–NYSEArca–2017–46. This Retroactively applying the proposed of the purposes of the Act. The file number should be included on the changes to eliminate the daily caps on proposed change is not designed to subject line if email is used. To help the the Exchange’s liability is reasonable address any competitive issue but rather Commission process and review your because it provides the Exchange with would add transparency to the rule and comments more efficiently, please use the ability to adequately compensate align more closely with current rules of only one method. The Commission will ETP Holders for losses incurred in other national stock exchanges 15 and post all comments on the Commission’s relation to the Exchange’s system failure provide more certainty to members that, Internet Web site (http://www.sec.gov/ that occurred on March 20, 2017. regardless of trading venue, losses rules/sro.shtml). Copies of the Additionally, the Exchange believes that incurred in connection with a failure of applying the monthly liability limit submission, all subsequent Exchange systems or facilities, amendments, all written statements retroactively promotes just and including losses caused by the negligent equitable principles of trade because it with respect to the proposed rule act or omission of an Exchange change that are filed with the will apply uniformly to all ETP Holders employee, will be eligible for review by Commission, and all written that suffered a loss in connection with and compensation from the Exchange. the March 20, 2017 system issues and communications relating to the any ETP Holder that potentially suffers C. Self-Regulatory Organization’s proposed rule change between the a loss in connection with a future Statement on Comments on the Commission and any person, other than Exchange system issue. Prior to March Proposed Rule Change Received From those that may be withheld from the 20, 2017, the Exchange had never Members, Participants, or Others public in accordance with the received a claim that exceeded the No written comments were solicited provisions of 5 U.S.C. 552, will be liability limits and thus the Exchange or received with respect to the proposed available for Web site viewing and was never prevented from fully rule change. printing in the Commission’s Public compensating an ETP Holder for losses Reference Room, 100 F Street NE., III. Date of Effectiveness of the suffered in connection with the use of Washington, DC 20549, on official the Exchange’s facilities, including Proposed Rule Change and Timing for Commission Action business days between the hours of losses caused by the negligent act or 10:00 a.m. and 3:00 p.m. Copies of the omission of an Exchange employee. Within 45 days of the date of filing also will be available for Therefore, the Exchange believes that publication of this notice in the Federal inspection and copying at the principal applying the rule retroactively would Register or within such longer period office of the Exchange. All comments not be unfair or discriminatory. ETP up to 90 days (i) as the Commission may received will be posted without change; Holders that suffered losses on March designate if it finds such longer period the Commission does not edit personal 20, 2017 and ETP Holders that to be appropriate and publishes its identifying information from reasons for so finding or (ii) as to which previously received compensation from submissions. You should submit only the Exchange would receive the same the self-regulatory organization information that you wish to make benefit of a fully paid claim. Further, consents, the Commission will: available publicly. All submissions the Exchange notes that the Commission (A) By order approve or disapprove should refer to File Number SR– has approved similar rules the proposed rule change, or NYSEArca–2017–46, and should be retroactively 13 and that the proposed (B) institute proceedings to determine liability limits more closely align with whether the proposed rule change submitted on or before July 3, 2017. the limits of other national securities should be disapproved. For the Commission, by the Division of 14 exchanges. As such, the Exchange IV. Solicitation of Comments Trading and Markets, pursuant to delegated believes retroactively applying the authority.16 proposed changes to the liability limits Interested persons are invited to Brent J. Fields, promotes just and equitable principles submit written data, views, and arguments concerning the foregoing, Secretary. [FR Doc. 2017–12044 Filed 6–9–17; 8:45 am] 11 See supra note 4. including whether the proposed rule 12 See supra note 6. change is consistent with the Act. BILLING CODE 8011–01–P 13 See supra note 9. 14 See supra note 5. 15 See supra notes 4, 5 and 8. 16 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE has not received any comments on the A. Exchange’s Description of the Funds’ COMMISSION proposed rule change. The Commission Principal Investments is approving the proposed rule change, 1. Franklin Liberty Intermediate [Release No. 34–80865; File No. SR– as modified by Amendment No. 1 NYSEArca–2017–48] Municipal Opportunities ETF thereto. Self-Regulatory Organizations; NYSE According to the Exchange, the II. The Exchange’s Description of the investment objective of the Franklin Arca, Inc.; Order Approving a Proposed Rule Change Proposed Rule Change, as Modified by Liberty Intermediate Municipal Amendment No. 1 Thereto, Relating to The Exchange proposes to list and Opportunities ETF will be to achieve a the Listing and Trading of Shares of trade Shares of the Funds under NYSE high level of current income that is Arca Equities Rule 8.600, which governs exempt from federal income taxes. the Franklin Liberty Intermediate 8 Municipal Opportunities ETF and the listing and trading of Managed Fund Under normal market conditions, the Franklin Liberty Municipal Bond ETF Shares on the Exchange. The Shares will Fund will invest at least 80% of its net be offered by the Franklin Templeton assets in municipal securities whose Under NYSE Arca Equities Rule 8.600 ETF Trust (‘‘Trust’’), which is registered interest is free from federal income June 6, 2017. with the Commission as an open-end taxes, including the federal alternative management investment company.5 minimum tax. I. Introduction Each Fund is a series of the Trust. The The Fund may invest in municipal On May 8, 2017, NYSE Arca, Inc. investment adviser to each Fund will be securities rated in any rating category by (‘‘Exchange’’) filed with the Securities Franklin Advisers, Inc. (‘‘Adviser’’).6 U.S. nationally recognized rating and Exchange Commission Franklin Templeton Distributors, Inc. services (or comparable unrated or (‘‘Commission’’), pursuant to Section will serve as the distributor, Franklin short-term rated securities), including 19(b)(1) of the Securities Exchange Act Templeton Services, LLC will serve as below investment grade and defaulted of 1934 (‘‘Act’’) 1 and Rule 19b–4 the administrator, and State Street Bank securities and securities of issuers that thereunder,2 a proposed rule change to and Trust Company will serve as the are, or are about to be, involved in list and trade shares (‘‘Shares’’) of the sub-administrator, custodian, and reorganizations, financial restructurings, Franklin Liberty Intermediate Municipal transfer agent for each Fund. or bankruptcy (generally referred to as Opportunities ETF and Franklin Liberty The Exchange has made the following ‘‘distressed debt’’). Such investments Municipal Bond ETF (each, a ‘‘Fund’’ representations and statements in typically involve the purchase of lower- and collectively, the ‘‘Funds’’) under describing the Funds and their rated or defaulted debt securities, NYSE Arca Equities Rule 8.600. The investment strategies, including each comparable unrated debt securities, or proposed rule change was published for Fund’s portfolio holdings and other indebtedness (or participations in comment in the Federal Register on investment restrictions.7 the indebtedness) of such issuers. May 3, 2017.3 On May 8, 2017, the Although the Adviser will search for Exchange filed Amendment No. 1 to the www.sec.gov/comments/sr-nysearca-2017-48/ investments across a large number of proposed rule change.4 The Commission nysearca201748-1745331-151464.pdf. municipal securities that finance 5 According to the Exchange, on March 23, 2017, different types of projects, from time to the Trust filed with the Commission an amendment 1 15 U.S.C. 78s(b)(1). to its registration statement on Form N–1A under time, based on economic conditions, the 2 17 CFR 240.19b–4. the Securities Act of 1933 (15 U.S.C. 77a) and under Fund may have significant positions in 3 See Securities Exchange Act Release No. 80541 the Investment Company Act of 1940 (‘‘1940 Act’’) municipal securities that finance similar (April 27, 2017), 82 FR 20656 (‘‘Notice’’). relating to the Funds (File Nos. 333–208873 and types of projects. 4 In Amendment No. 1, which amended and 811–23124) (‘‘Registration Statement’’). In addition, The Funds may invest in one or more replaced the proposed rule change in its entirety, according to the Exchange, the Commission has the Exchange, among other things, clarified that: (i) issued an order granting certain exemptive relief to of the following municipal securities The Franklin Liberty Municipal Bond ETF will only the Trust, Franklin Advisers, Inc., and Franklin (collectively, ‘‘Municipal Securities’’): buy Municipal Securities (defined below) rated, at Templeton Distributors, Inc. under the 1940 Act. • General obligation bonds, which are the time of purchase, in one of the top four ratings See Investment Company Act Release No. 30350 typically issued by states, counties, (January 15, 2013) (File No. 812–14042). categories by one or more U.S. nationally cities, towns and regional districts and recognized rating services (or comparable unrated 6 The Exchange represents that the Adviser is not or short-term rated securities); (ii) the Franklin a registered broker-dealer but is affiliated with a backed by the issuer’s pledge of its full Liberty Municipal Bond ETF may not buy defaulted broker-dealer. The Exchange represents that the faith, credit and taxing power for the or distressed Municipal Securities (which Adviser has implemented and will maintain a ‘‘fire payment of principal and interest; limitation will be applied at the time of purchase, wall’’ with respect to such broker-dealer affiliate • revenue bonds, which are generally and the Fund is not required to sell a Municipal regarding access to information concerning the Security that has defaulted or become distressed if composition of and/or changes to each Fund’s backed by the net revenue derived from the Adviser believes it is advantageous to continue portfolio. In addition, in the event (a) the Adviser a particular facility, group of facilities, holding the security); (iii) the Franklin Liberty becomes registered as a broker-dealer or newly or, in some cases, the proceeds of a Municipal Bond ETF may not buy high-yield or affiliated with a broker-dealer, or (b) any new special excise tax or other specific adviser or sub-adviser to a Fund is a registered lower-rated debt securities (which limitation revenue source; generally will be applied at the time of purchase broker-dealer or becomes affiliated with a broker- • and a downgrade of a particular security below one dealer, the applicable adviser or sub-adviser will anticipation notes, including bond, of the top four ratings categories will not implement and maintain a fire wall with respect to revenue and tax anticipation notes, automatically cause the Fund to sell the security); its relevant personnel or broker-dealer affiliate which are issued to provide interim (iv) the components of a Fund’s portfolio with a regarding access to information concerning the financing of various municipal needs in minimum original principal amount outstanding of composition and/or changes to a Fund’s portfolio, $100 million or more may in the aggregate account and will be subject to procedures designed to anticipation of the receipt of other for less than 75% of the weight of a Fund’s prevent the use and dissemination of material non- sources of money for repayment of the portfolio; and (v) trading will be subject to NYSE public information regarding such portfolio. notes; Arca Equities Rule 8.600(d)(2)(D), which sets forth 7 The Commission notes that additional • insured Municipal Securities, circumstances under which trading may be halted. information regarding the Trust, the Funds, and the which are covered by insurance policies Amendment No. 1 also made non-substantive, Shares, including investment strategies, risks, technical amendments. Because Amendment No. 1 creation and redemption procedures, calculation of makes only clarifying and technical changes, and net asset value (‘‘NAV’’), fees, distributions, and See Amendment No. 1 and Registration Statement, does not present unique or novel regulatory issues, taxes, among other things, is included in the supra notes 4 and 5, respectively. it is not subject to notice and comment. proposed rule change, as modified by Amendment 8 The term ‘‘normal market conditions’’ is defined Amendment No. 1 is available at: https:// No. 1, and the Registration Statement, as applicable. in NYSE Arca Equities Rule 8.600 (c)(5).

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that guarantee the timely payment of residents, such as business, paper; 14 other investment companies,15 principal and interest; 9 manufacturing, housing, sports and including exchange-traded funds • municipal lease obligations, which pollution control, as well as public (‘‘ETFs’’); 16 U.S. government generally are issued to support a facilities such as airports, mass transit securities; 317 and unrated debt government’s infrastructure by systems, ports and parking. securities.18 financing or refinancing equipment or 2. Franklin Liberty Municipal Bond ETF The Franklin Liberty Intermediate property acquisitions or the Municipal Opportunities ETF may also construction, expansion or According to the Exchange, the rehabilitation of public facilities; 10 investment objective of the Franklin • Municipal Securities that are issued Liberty Municipal Bond ETF will be to on a when-issued or delayed delivery achieve a high level of current income basis; that is exempt from federal income • variable and floating rate securities, taxes. Under normal market conditions, including variable rate demand notes, the Fund will invest at least 80% of its credit, time and savings deposits, bank notes and municipal inflation protected securities, net assets in Municipal Securities (as bankers’ acceptances. CDs are negotiable certificates index-based floating rate securities, and described above) whose interest is free issued against funds deposited in a commercial auction rate securities, which have from federal income taxes, including the bank for a definite period of time and earning a interest rates that change either at federal alternative minimum tax. specified return. Time deposits are non-negotiable Although the Adviser will search for deposits that are held in a banking institution for specific intervals from daily up to semi- a specified period of time at a stated interest rate. annually, or whenever a benchmark rate investments across a large number of Savings deposits are deposits that do not have a changes; Municipal Securities that finance specified maturity and may be withdrawn by the • pre-refunded bonds, which are different types of projects, from time to depositor at any time. Bankers’ acceptances are outstanding debt securities that are not time, based on economic conditions, the negotiable drafts or bills of exchange normally immediately callable (redeemable) by Fund may have significant positions in drawn by an importer or exporter to pay for specific the issuer but have been ‘‘pre-refunded’’ Municipal Securities that finance merchandise. 14 by the issuer; similar types of projects. Commercial paper is an unsecured, short-term • The Fund may invest in one or more loan to a corporation, typically for financing zero coupon bonds (including accounts receivable and inventory with maturities convertible and step coupon bonds) and of the Municipal Securities listed above. of up to 270 days. Each Fund may invest in taxable deferred interest securities; The Fund will only buy Municipal commercial paper only for temporary defensive • stripped securities, which are debt Securities rated, at the time of purchase, purposes. securities that have been transformed in one of the top four ratings categories 15 Each Fund may invest in other investment from a principal amount with periodic by one or more U.S. nationally companies to the extent permitted by the 1940 Act, interest coupons into a series of zero recognized rating services (or Commission rules thereunder and exemptions coupon bonds, each with a different comparable unrated or short-term rated thereto. Each Fund may also invest its cash securities).11 The Fund may not buy balances in affiliated money market funds to the maturity date corresponding to one of extent permitted by its investment policies and the payment dates for interest coupon defaulted or distressed Municipal rules and exemptions granted under the 1940 Act. 12 payments or the redemption date for the Securities. 16 The ETFs in which a Fund may invest include principal amount; Investment Company Units (as described in NYSE • B. Exchange’s Description of the Funds’ mandatory tender (mandatory put) Other Investments Arca Equities Rule 5.2(j)(3)); Portfolio Depositary Municipal Securities, which may be Receipts (as described in NYSE Arca Equities Rule sold with a requirement that a holder of According to the Exchange, while 8.100); and Managed Fund Shares (as described in a security surrender the security to the each Fund, under normal market NYSE Arca Equities Rule 8.600). Such ETFs all will be listed and traded in the U.S. on registered issuer or its agent for cash at a date prior conditions, will invest at least 80% of its net assets in Municipal Securities exchanges. to the stated maturity; 17 • whose interest is free from federal U.S. government securities include obligations callable securities, which give the of, or guaranteed by, the U.S. federal government, issuer the right to redeem the security income taxes, including the federal its agencies, instrumentalities or sponsored on a given date or dates (known as the alternative minimum tax, each Fund enterprises. Some U.S. government securities are call dates) prior to maturity; may invest up to 20% of its net assets supported by the full faith and credit of the U.S. • tax-exempt commercial paper, in the securities that pay interest that government. These include U.S. Treasury which typically represents an unsecured may be subject to the federal alternative obligations and securities issued by the Government minimum tax and, although not National Mortgage Association (GNMA). A second short-term obligation (270 days or less) category of U.S. government securities are those issued by a municipality; and anticipated, in securities that pay taxable interest, as described below. supported by the right of the agency, • tax-exempt or qualified private instrumentality or sponsored enterprise to borrow activity and industrial development With respect to up to 20% of its net from the U.S. government to meet its obligations. revenue bonds, which are typically assets, each Fund may invest in bank These include securities issued by Federal Home 13 issued by or on behalf of public obligations; taxable commercial Loan Banks. A third category of U.S. government authorities to finance various privately securities are those supported by only the credit of 11 operated facilities which are expected to This limitation generally is applied at the time the issuing agency, instrumentality or sponsored of purchase and a downgrade of a particular enterprise. These include securities issued by the benefit the municipality and its security below one of the top four ratings categories Federal National Mortgage Association (FNMA) and will not automatically cause the Fund to sell the Federal Home Loan Mortgage Corporation 9 When beneficial, a Fund may purchase security. The Adviser will, however, take such (FHLMC). downgrade into account when analyzing the insurance for an uninsured bond directly from a 18 Debt securities or their issuers which are not qualified municipal bond insurer, in which case a portfolio. rated by rating agencies, sometimes due to the size Fund pays the insurance premium directly to the 12 This limitation generally will be applied at the insurance company. time of purchase and the Fund is not required to of or manner of the securities offering, the decision 10 A Fund may also gain exposure to municipal sell a Municipal Security that has defaulted or by one or more rating agencies not to rate certain lease obligations through certificates of become distressed if the Adviser believes it is securities or issuers as a matter of policy, or the participation, which represent a proportionate advantageous to continue holding the security. unwillingness or inability of the issuer to provide interest in the payments under a specified lease or 13 Bank obligations include fixed, floating or the prerequisite information and fees to the rating leases. variable rate certificates of deposit (CDs), letters of agencies.

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invest in defaulted debt securities 19 and maintained, and will consider taking D. Exchange’s Description of the high-yield debt securities.20 appropriate steps in order to maintain Application of Generic Listing A Fund may invest up to 100% of its adequate liquidity if, through a change Requirements to the Funds assets in temporary defensive in values, net assets, or other The Exchange states that it is investments, including cash, cash circumstances, more than 15% of a submitting this proposed rule change equivalents or other high quality short- Fund’s net assets are held in illiquid because the portfolios for the Funds will term investments, such as short-term assets. Illiquid assets include securities not meet all of the ‘‘generic’’ listing debt instruments, including U.S. subject to contractual or other requirements of Commentary .01 to government securities, high grade restrictions on resale and other NYSE Arca Equities Rule 8.600 commercial paper, repurchase instruments that lack readily available applicable to the listing of Managed agreements, negotiable certificates of markets as determined in accordance Fund Shares. The Exchange states that deposit, non-negotiable fixed time with Commission staff guidance. each Fund’s portfolio will meet all the deposits, bankers acceptances, and other Each Fund’s investments will be requirements set forth in Commentary money market equivalents. In addition, consistent with its investment objective with respect to each of the Funds, on a and will not be used to provide multiple .01 to NYSE Arca Equities Rule 8.600 temporary basis, during periods of high returns of a benchmark or to produce except for those set forth in cash inflows or outflows,21 a Fund may leveraged returns. Commentary .01(b)(1), which requires depart from its principal investment A Fund will not necessarily focus its that components that in the aggregate strategies; for example, it may hold a investments in a particular state, and account for at least 75% of the fixed higher than normal proportion of its will not invest more than 15% of its income weight of the portfolio each assets in cash. During such periods, a total assets in Municipal Securities of shall have a minimum original principal Fund may not be able to achieve its any one state. Under normal market amount outstanding of $100 million or investment objective. To the extent conditions, except for periods of high more. allowed by exemptions from and rules cash inflows or outflows, each Fund III. Discussion and Commission’s under the 1940 Act and a Fund’s other will satisfy the following criteria: (i) Findings investment policies and restrictions, the Each Fund will have a minimum of 35 After careful review, the Commission Adviser also may invest a Fund’s assets Municipal Securities holdings; (ii) after finds that the Exchange’s proposal to list in shares of one or more money market a Fund has at least $100 million in and trade the Shares is consistent with funds managed by the Adviser or its assets, it will have a minimum of 75 affiliates. Municipal Securities holdings; (iii) with the Act and the rules and regulations respect to 75% of each Fund’s total thereunder applicable to a national 24 C. Exchange’s Description of the Funds’ assets, no single Municipal Securities securities exchange. In particular, the Investment Restrictions issuer will account for more than 3% of Commission finds that the proposed Each Fund may hold up to an the weight of a Fund’s portfolio; for the rule change is consistent with Section 25 aggregate amount of 15% of its net remaining portion of each Fund’s assets, 6(b)(5) of the Act, which requires, assets in illiquid assets (calculated at no single Municipal Securities issuer among other things, that the Exchange’s the time of investment), consistent with will account for more than 6% of the rules be designed to prevent fraudulent Commission guidance. Each Fund will weight of a Fund’s portfolio; (iv) each and manipulative acts and practices, monitor its portfolio liquidity on an Fund will limit its investments in promote just and equitable principles of ongoing basis to determine whether, in Municipal Securities of any one state to trade, to remove impediments to and light of current circumstances, an 15% of a Fund’s total assets and will be perfect the mechanism of a free and adequate level of liquidity is being diversified among issuers in at least 10 open market and a national market states; and (v) each Fund will limit its system, and, in general, to protect 19 Investments in securities of issuers that are, or investments in Municipal Securities in investors and the public interest. are about to be, involved in reorganizations, any single sector to 25% of a Fund’s The Commission also finds that the financial restructurings, or bankruptcy (generally 22 proposal to list and trade Shares on the referred to as ‘‘distressed debt’’) typically involve total assets. The Exchange states that the purchase of lower-rated or defaulted debt pre-refunded bonds will be excluded Exchange is consistent with Section securities, comparable unrated debt securities, or from the above limits given that they 11A(a)(1)(C)(iii) of the Act,26 which sets other indebtedness of such issuers. The Franklin have a high level of credit quality and forth Congress’ finding that it is in the Liberty Municipal Bond ETF may not buy defaulted 23 public interest and appropriate for the or distressed debt securities. However, the Franklin liquidity. Liberty Municipal Bond ETF is not required to sell protection of investors and the a debt security that has defaulted or become 22 A Fund’s investments in Municipal Securities maintenance of fair and orderly markets distressed if the Adviser believes it is advantageous will include investments in state and local (e.g., to assure the availability to brokers, to continue holding the security. county, city, town) Municipal Securities relating to dealers, and investors of information 20 High-yield or lower-rated debt securities are such sectors as the following: Dedicated tax; public securities that have been rated by Moody’s or S&P power; tax increment; toll road; port revenue; with respect to quotations for, and below their top four rating categories (e.g., BB or Ba airport revenue; water revenue; sewer revenue; transactions in, securities. Quotation and lower) and are considered below investment higher education (colleges and universities); and last sale information for the Shares grade. The Franklin Liberty Municipal Bond ETF wastewater revenue; school districts; and sales tax and for ETFs will be available via the may not buy high-yield or lower-rated debt revenue. Consolidated Tape Association (‘‘CTA’’) securities. This limitation generally is applied at the 23 Pre-refunded bonds (also known as refunded or time of purchase and a downgrade of a particular escrow-secured bonds) have a high level of credit high-speed line, and from the national security below one of the top four ratings categories quality and liquidity because the issuer ‘‘pre- securities exchange on which they are will not automatically cause the Franklin Liberty refunds’’ the bond by setting aside in advance all listed.27 Municipal Bond ETF to sell the security. The or a portion of the amount to be paid to the Adviser will, however, take such downgrade into bondholders when the bond is called. Generally, an 24 account when analyzing the portfolio. issuer uses the proceeds from a new bond issue to In approving this proposed rule change, the 21 ‘‘Periods of high cash inflows or outflows,’’ as buy high grade, interest bearing debt securities, Commission has considered the proposed rule’s used herein, mean rolling periods of seven calendar including direct obligations of the U.S. government, impact on efficiency, competition, and capital days during which inflows or outflows of cash, in which are then deposited in an irrevocable escrow formation. See 15 U.S.C. 78c(f). the aggregate, exceed 10% of a Fund’s net assets as account held by a trustee bank to secure all future 25 15 U.S.C. 78f(b)(5). of the opening of business on the first day of such payments of principal and interest on the pre- 26 15 U.S.C. 78k–1(a)(1)(C)(iii). periods. refunded bonds. 27 Amendment No. 1 at 19.

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The Indicative Optimized Portfolio securities, defaulted debt securities, Prior to the commencement of Value (‘‘IOPV’’) of the Shares (which is high yield debt securities, and cash trading, the Exchange will inform its the Portfolio Indicative Value, as equivalents or other high quality short- Equity Trading Permit Holders in an defined in NYSE Arca Equities Rule term investments, including U.S. Information Bulletin (‘‘Bulletin’’) of the 8.600(c)(3)) will be widely disseminated government securities, bank obligations, special characteristics and risks every 15 seconds during the Exchange’s and taxable commercial paper. Price associated with trading the Shares. The Core Trading Session (normally 9:30 information for money market funds Exchange represents that trading in the a.m. to 4:00 p.m., Eastern Time) by one and other investment companies will be Shares will be subject to the existing or more major market data vendors or available from the applicable trading surveillances, administered by other information providers.28 On each investment company’s Web site and the Exchange, as well as cross-market business day, before commencement of from market data vendors. Pricing surveillances administered by Financial trading in Shares in the Core Trading information regarding each other asset Industry Regulatory Authority Session on the Exchange (ordinarily class in which a Fund will invest will (‘‘FINRA’’) on behalf of the Exchange, 9:30 a.m., Eastern Time), each Fund’s be available generally through which are designed to detect violations Web site will disclose the Disclosed nationally recognized data service of Exchange rules and applicable federal Portfolio 29 that will form the basis for providers through subscription securities laws.32 The Commission a Fund’s calculation of NAV at the end agreements. believes that the Exchange’s initial and 30 of the business day. In addition, a The Commission further believes that continued listing requirements, basket composition file, which includes the proposal to list and trade the Shares combined with the Fund’s investment the security names and share quantities, is reasonably designed to promote fair criteria that would apply to Municipal if applicable, required to be delivered in disclosure of information that may be Securities in the portfolio, are designed exchange for a Fund’s Shares, together to mitigate the potential for price necessary to price the Shares with estimates and actual cash manipulation of the Shares. appropriately and to prevent trading components, will be publicly The Exchange represents that it deems when a reasonable degree of disseminated daily prior to the opening the Shares to be equity securities, thus transparency cannot be assured. The of the Exchange via the National rendering the trading of the Shares Exchange will obtain a representation Securities Clearing Corporation. The subject to the Exchange’s existing rules from the issuer of the Shares that the basket represents one creation unit of a governing the trading of equity NAV per Share for each Fund will be Fund. The NAV of Shares of a Fund will securities. calculated daily and that the NAV and normally be determined as of the close In support of this proposal, the the Disclosed Portfolio for each Fund of the Core Trading Session on the Exchange has made the following Exchange (ordinarily 4:00 p.m. Eastern will be made available to all market additional representations: Time) on each business day. Authorized participants at the same time. Trading in (1) The Shares of each Fund will participants may refer to the basket Shares of the Funds will be halted if the conform to the initial and continued composition file for information circuit breaker parameters in NYSE Arca listing criteria under NYSE Arca regarding securities and financial Equities Rule 7.12 have been reached or Equities Rule 8.600. instruments that may comprise a Fund’s because of market conditions or for (2) The Exchange has appropriate basket on a given day. reasons that, in the view of the rules to facilitate transactions in the Information regarding market price Exchange, make trading in the Shares Shares during all trading sessions. and trading volume of the Shares will be inadvisable.31 Trading in the Shares will (3) Trading in the Shares will be continually available on a real-time be subject to NYSE Arca Equities Rule subject to the existing trading basis throughout the day on brokers’ 8.600(d)(2)(D), which sets forth surveillances, administered by the computer screens and other electronic additional circumstances under which Exchange, as well as cross-market services. Information regarding the Shares of the Funds may be halted. surveillances administered by FINRA on previous day’s closing price and trading The Exchange represents that it has a behalf of the Exchange, which are volume information for the Shares will general policy prohibiting the designed to detect violations of be published daily in the financial distribution of material, non-public Exchange rules and applicable federal section of newspapers. Quotation information by its employees. In securities laws. The Exchange information from brokers and dealers or addition, Commentary .06 to NYSE Arca represents that these procedures are pricing services will be available for Equities Rule 8.600 further requires that adequate to properly monitor Exchange Municipal Securities, unrated debt personnel who make decisions on the trading of the Shares in all trading open-end fund’s portfolio composition sessions and to deter and detect 28 The Exchange represents that several major must be subject to procedures designed violations of Exchange rules and federal market data vendors display and/or make widely to prevent the use and dissemination of securities laws applicable to trading on available IOPVs taken from CTA or other data feeds. the Exchange. These surveillances According to the Exchange, the IOPV will be based material, non-public information on the current market value of a Fund’s portfolio regarding the open-end fund’s portfolio. generally focus on detecting securities holdings that will form the basis for the Fund’s The Exchange represents that the trading outside their normal patterns, calculation of NAV at the end of the Business Day, which could be indicative of as disclosed on the Fund’s Web site prior to that Adviser is not a registered broker-dealer Business Day’s commencement of trading. but is affiliated with a broker-dealer, manipulative or other violative activity. According to the Exchange, the IOPV will generally and that the Adviser has implemented When such situations are detected, be determined by using both current market and will maintain a ‘‘fire wall’’ with surveillance analysis follows and quotations and/or price quotations obtained from investigations are opened, where broker-dealers that may trade in the portfolio respect to that broker-dealer affiliate securities held by a Fund. regarding access to information appropriate, to review the behavior of 29 The term ‘‘Disclosed Portfolio’’ is defined in concerning the composition of, and/or NYSE Arca Equities Rule 8.600(c)(2). changes to, each Fund’s portfolio. 32 The Exchange states that FINRA conducts 30 On a daily basis, the Funds will disclose the cross-market surveillances on behalf of the information required under NYSE Arca Equities Exchange pursuant to a regulatory services Rule 8.600(c)(2) to the extent applicable. The Web 31 The Exchange may consider all relevant factors agreement and that the Exchange is responsible for site information will be publicly available at no in exercising its discretion to halt or suspend FINRA’s performance under this regulatory services charge. trading in the Shares of a Fund. agreement.

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all relevant parties for all relevant (7) Under normal market conditions, markets as determined in accordance trading violations. each Fund will invest at least 80% of with Commission staff guidance. (4) The Exchange or FINRA, on behalf net assets in municipal securities whose (13) Each Fund’s investments will be of the Exchange, or both, will interest is free from federal income consistent with its investment objective communicate as needed regarding taxes, including the federal alternative and will not be used to provide multiple trading in the Shares and ETFs with minimum tax. returns of a benchmark or to produce other markets and other entities that are (8) The Franklin Liberty Municipal leveraged returns. members of the ISG, and the Exchange Bond ETF will only buy municipal The Exchange also represents that all or FINRA, on behalf of the Exchange, or securities rated, at the time of purchase, statements and representations made in both, may obtain trading information in one of the top four rating categories the filing regarding (a) the description of regarding trading in the Shares and by one or more U.S. nationally the portfolio, (b) limitations on portfolio ETFs from such markets and other recognized rating services (or holdings or reference assets, or (c) entities. In addition, the Exchange may comparable unrated or short-term rated applicability of Exchange listing rules obtain information regarding trading in securities), and the Fund may not buy specified in the filing shall constitute the Shares and ETFs from markets and defaulted or distressed municipal continued listing requirements for other entities that are members of ISG or securities. listing the Shares of a Fund on the with which the Exchange has in place (9) The ETFs in which the Funds may Exchange. a comprehensive surveillance sharing invest will be listed and traded in the The issuer has represented to the agreement. In addition, FINRA, on U.S. on registered exchanges. Exchange that it will advise the behalf of the Exchange, is able to access, (10) Each Fund’s portfolio will meet Exchange of any failure by a Fund to as needed, trade information for certain all the requirements set forth in comply with the continued listing fixed income securities held by a Fund Commentary .01 to NYSE Arca Equities requirements, and, pursuant to its reported to FINRA’s Trade Reporting Rule 8.600 except for those set forth in obligations under Section 19(g)(1) of the and Compliance Engine. FINRA also can Commentary .01(b)(1). Act, the Exchange will monitor for access data obtained from the Municipal (11) Under normal market conditions, compliance with the continued listing Securities Rulemaking Board relating to except for periods of high cash inflows requirements.34 If a Fund is not in municipal bond trading activity for or outflows, each Fund will satisfy the compliance with the applicable listing surveillance purposes in connection following criteria: (i) Each Fund will requirements, the Exchange will with trading in the Shares. have a minimum of 35 Municipal commence delisting procedures under (5) Prior to the commencement of NYSE Arca Equities Rule 5.5(m). trading, the Exchange will inform its Securities holdings; (ii) after a Fund has at least $100 million in assets, it will This approval order is based on all of Equity Trading Permit Holders in a the Exchange’s representations, Bulletin of the special characteristics have a minimum of 75 Municipal including those set forth above and in and risks associated with trading the Securities holdings; (iii) with respect to the Notice, and the Exchange’s Shares. Specifically, the Bulletin will 75% of each Fund’s total assets, no description of the Funds. The discuss (a) the procedures for purchases single Municipal Securities issuer will Commission notes that the Funds and and redemptions of Shares in creation account for more than 3% of the weight the Shares must comply with the unit aggregations (and that Shares are of a Fund’s portfolio; for the remaining requirements of NYSE Arca Equities not individually redeemable); (b) NYSE portion of each Fund’s assets, no single Rule 8.600 to be listed and traded on the Arca Equities Rule 9.2(a), which Municipal Securities issuer will account Exchange. imposes a duty of due diligence on its for more than 6% of the weight of a For the foregoing reasons, the Equity Trading Permit Holders to learn Fund’s portfolio; (iv) each Fund will the essential facts relating to every limit its investments in Municipal Commission finds that the proposed Securities of any one state to 15% of a rule change is consistent with Section customer prior to trading the Shares; (c) 35 the risks involved in trading the Shares Fund’s total assets and will be 6(b)(5) of the Act and the rules and during the Early and Late Trading diversified among issuers in at least 10 regulations thereunder applicable to a Sessions when an updated IOPV will states; and (v) each Fund will limit its national securities exchange. not be calculated or publicly investments in Municipal Securities in IV. Conclusion disseminated; (d) how information any single sector to 25% of a Fund’s It is therefore ordered, pursuant to regarding the IOPV and the Disclosed total assets. Section 19(b)(2) of the Act,36 that the Portfolio is disseminated; (e) the (12) Each Fund may hold up to an requirement that Equity Trading Permit aggregate amount of 15% of its net proposed rule change (SR–NYSEArc– Holders deliver a prospectus to assets in illiquid assets (calculated at 2017–48), as modified by Amendment investors purchasing newly issued the time of investment), consistent with No. 1 thereto, be, and it hereby is, Shares prior to or concurrently with the Commission guidance. Each Fund will approved. confirmation of a transaction; and (f) monitor its portfolio liquidity on an trading information. The Bulletin will ongoing basis to determine whether, in 34 The Commission notes that certain other proposals for the listing and trading of Managed discuss any exemptive, no-action, and light of current circumstances, an Fund Shares include a representation that the interpretive relief granted by the adequate level of liquidity is being exchange will ‘‘surveil’’ for compliance with the Commission from any rules under the maintained, and will consider taking continued listing requirements. See, e.g., Securities Act. The Bulletin will also disclose that appropriate steps in order to maintain Exchange Act Release No. 78005 (Jun. 7, 2016), 81 FR 38247 (Jun. 13, 2016) (SR–BATS–2015–100). In the NAV for the Shares will be adequate liquidity if, through a change the context of this representation, it is the calculated after 4:00 p.m., Eastern Time in values, net assets, or other Commission’s view that ‘‘monitor’’ and ‘‘surveil’’ each trading day. circumstances, more than 15% of a both mean ongoing oversight of a fund’s compliance (6) For initial and continued listing, Fund’s net assets are held in illiquid with the continued listing requirements. Therefore, the Commission does not view ‘‘monitor’’ as a more the Funds must be in compliance with assets. Illiquid assets include securities or less stringent obligation than ‘‘surveil’’ with Rule 10A–3 under the Act.33 subject to contractual or other respect to the continued listing requirements. restrictions on resale and other 35 15 U.S.C. 78f(b)(5). 33 See 17 CFR 240.10A–3. instruments that lack readily available 36 15 U.S.C. 78s(b)(2)

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For the Commission, by the Division of http://www.regulations.gov, as FOR FURTHER INFORMATION CONTACT: Ms. Trading and Markets, pursuant to delegated described in the system of records Raegan Ball, Program Development authority.37 notice (DOT/ALL–14 FDMS), which can Team Leader, FHWA Division Office, Brent J. Fields, be reviewed at http://www.dot.gov/ 3220 West Edgewood, Suite H, Jefferson Secretary. privacy. City, MO 65109, Telephone: (573) 638– [FR Doc. 2017–12043 Filed 6–9–17; 8:45 am] Docket: Background documents or 2620; or Mr. Ed Hassinger, Chief BILLING CODE 8011–01–P comments received may be read at Engineer, Missouri Department of http://www.regulations.gov at any time. Transportation, 105 W. Capitol Avenue, Follow the online instructions for Jefferson City, MO 65102, Telephone: DEPARTMENT OF TRANSPORTATION accessing the docket or go to the Docket (573) 751–3692. Questions may also be Operations in Room W12–140 of the directed to the Local Public Agency Federal Aviation Administration West Building Ground Floor at 1200 sponsor by contacting Mr. Adam New Jersey Avenue SE., Washington, [Summary Notice No. PE–2017–40] Spector, Transportation Studies Project DC, between 9 a.m. and 5 p.m., Monday Manager, St. Louis County Department Petition for Exemption; Summary of through Friday, except Federal holidays. of Transportation, 1050 N. Lindbergh, Petition Received FOR FURTHER INFORMATION CONTACT: Clayton, Missouri 63132, Telephone: Lynette Mitterer, ANM–113, Federal (314) 615–8594. AGENCY: Federal Aviation Aviation Administration, 1601 Lind SUPPLEMENTARY INFORMATION: The Administration (FAA), DOT. Avenue SW., Renton, WA 98057–3356, FHWA, in cooperation with the ACTION: Notice of petition for exemption email [email protected], phone Missouri Department of Transportation received. (425) 227–1047; or Alphonso (MoDOT) and the St. Louis County Pendergrass, ARM–200, Office of Department of Transportation, SUMMARY: This notice contains a Rulemaking, Federal Aviation published a notice of intent to prepare summary of a petition seeking relief Administration, 800 Independence an EIS in the Federal Register dated from specified requirements of Federal Avenue SW., Washington, DC 20591, September 13, 2011 (76 FR 56492) to Aviation Regulations. The purpose of email [email protected], investigate potential corridor this notice is to improve the public’s phone (202) 267–4713. improvements for Missouri Bottom awareness of, and participation in, this This notice is published pursuant to Road, Aubuchon Road, and Charbonier aspect of the FAA’s regulatory activities. 14 CFR 11.85. Road in St. Louis County, Missouri. Neither publication of this notice nor Issued in Renton, Washington, on June 5, Due to a lack of long-term funding for the inclusion or omission of information 2017. construction of the draft preferred in the summary is intended to affect the Victor Wicklund, alternative, the project has been put on legal status of the petition or its final hold indefinitely. At this time, there are disposition. Manager, Transport Standards Staff. no plans to prepare a Final EIS for this Petition for Exemption DATES: Comments on this petition must project. identify the petition docket number Docket No.: FAA–2017–0571. Comments or questions concerning involved and must be received on or Petitioner: Textron Aviation Inc. this notice should be directed to FHWA, before July 3, 2017. Section of 14 CFR Affected: § 25.815. MoDOT, or St. Louis County Description of Relief Sought: Allow the 20- Department of Transportation at the ADDRESSES: Send comments identified inch minimum passenger aisle width to be by docket number FAA–2017–0571 reduced to 15 inches for cabin configurations addresses provided above. using any of the following methods: with up to 12 passenger seats for Textron Issued on: May 4, 2017. • Federal eRulemaking Portal: Go to Aviation Model 700 airplanes. Kevin Ward, http://www.regulations.gov and follow [FR Doc. 2017–12027 Filed 6–9–17; 8:45 am] Division Administrator, Jefferson City, the online instructions for sending your BILLING CODE 4910–13–P Missouri. comments electronically. [FR Doc. 2017–12081 Filed 6–9–17; 8:45 am] • Mail: Send comments to Docket BILLING CODE 4910–22–P Operations, M–30; U.S. Department of DEPARTMENT OF TRANSPORTATION Transportation (DOT), 1200 New Jersey Federal Highway Administration Avenue SE., Room W12–140, West DEPARTMENT OF TRANSPORTATION Building Ground Floor, Washington, DC Environmental Impact Statement: St. 20590–0001. Federal Motor Carrier Safety Louis County, Missouri • Hand Delivery or Courier: Take Administration comments to Docket Operations in AGENCY : Federal Highway [Docket No. FMCSA–2014–0406] Room W12–140 of the West Building Administration (FHWA), DOT. Ground Floor at 1200 New Jersey ACTION: Notice of intent. Commercial Driver’s License Avenue SE., Washington, DC, between 9 Standards: C.R. England, Inc.; SUMMARY: a.m. and 5 p.m., Monday through The FHWA is issuing this Granting of Renewal of Exemption Friday, except Federal holidays. notice to advise the public that an • Fax: Fax comments to Docket Environmental Impact Statement (EIS) AGENCY: Federal Motor Carrier Safety Operations at 202–493–2251. will not be prepared for proposed Administration (FMCSA), DOT. Privacy: In accordance with 5 U.S.C. improvements to the corridor generally ACTION: Notice of renewal of exemption; 553(c), DOT solicits comments from the following the existing pathway created request for comments. public to better inform its rulemaking by Missouri Bottom Road, Aubuchon process. DOT posts these comments, Road, and Charbonier Road between SUMMARY: FMCSA announces its without edit, including any personal Earth City Expressway and decision to renew an exemption for C.R. information the commenter provides, to Howdershell/Shackelford Road in England, Inc. (C.R. England) northwestern St. Louis County, requirements that a commercial 37 17 CFR 200.30–3(a)(12). Missouri. learner’s permit (CLP) holder is always

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accompanied by a commercial driver’s described in the system of records exemption, including any safety license (CDL) holder with the proper notice (DOT/ALL–14 FDMS), which can analyses that have been conducted. The CDL class and endorsements, seated in be reviewed at www.dot.gov/privacy. Agency must also provide an the front seat of the vehicle while the FOR FURTHER INFORMATION CONTACT: For opportunity for public comment. CLP holder operates it on public roads information concerning this notice, The Agency reviews safety analyses or highways. The exemption renewal contact Mr. Tom Yager, Chief, FMCSA and public comments submitted, and allows CLP holders who have passed Driver and Carrier Operations Division; determines whether renewal of the the skills test but not yet received the Office of Carrier, Driver and Vehicle exemption would likely achieve a level CDL document to drive a C.R. England Safety Standards, Telephone: 614–942– commercial motor vehicle (CMV) 6477. Email: [email protected]. If you of safety equivalent to, or greater than, accompanied by a CDL holder who is have questions on viewing or submitting the level that would be achieved by the not necessarily in the passenger seat, material to the docket, contact Docket current regulation (49 CFR 381.305). provided the driver has documentation Services, telephone (202) 366–9826. The decision of the Agency must be of passing the skills test. C.R. England SUPPLEMENTARY INFORMATION: published in the Federal Register (49 currently holds an exemption for the CFR 381.315(b)) with the reasons for period June 11, 2015 through June 12, I. Public Participation and Request for denying or granting the application and, 2017. FMCSA requests public comment Comments if granted, the name of the person or on the renewal of C.R. England’s FMCSA encourages you to participate class of persons receiving the exemption. by submitting comments and related exemption, and the regulatory provision materials. DATES: This exemption renewal is from which the exemption is granted. effective June 13, 2017, through June 12, Submitting Comments The notice must also specify the 2022. Comments must be received on or effective period and explain the terms If you submit a comment, please and conditions of the exemption. The before July 12, 2017. include the docket number for this exemption may be renewed (49 CFR ADDRESSES: You may submit comments notice (FMCSA–2014–0406), indicate 381.300(b)). bearing the Federal Docket Management the specific section of this document to System (FDMS) Docket ID FMCSA– which the comment applies, and III. Request for Exemption Renewal 2014–0406 using any of the following provide a reason for suggestions or methods: recommendations. You may submit C.R. England’s initial exemption • Federal eRulemaking Portal: Go to your comments and material online or application from the provisions of 49 www.regulations.gov. See the Public by fax, mail, or hand delivery, but CFR 383.25(a)(1) was submitted in 2014; Participation and Request for Comments please use only one of these means. a copy is in the docket identified at the section below for further information. FMCSA recommends that you include beginning of this notice. The 2014 • Mail: Docket Management Facility, your name and a mailing address, an application described fully the nature of U.S. Department of Transportation, 1200 email address, or a phone number in the the C.R. England operations and CMV New Jersey Avenue SE., West Building, body of your document so the Agency drivers. The exemption was originally Ground Floor, Room W12–140, can contact you if it has questions granted on June 11, 2015 (80 FR 33329). Washington, DC 20590–0001. regarding your submission. C. R. England now requests a renewal of • Hand Delivery or Courier: West To submit your comments online, go the exemption. Building, Ground Floor, Room W12– to www.regulations.gov and put the 140, 1200 New Jersey Avenue SE., docket number, ‘‘FMCSA–2014–0406’’ The current exemption excuses C.R. between 9 a.m. and 5 p.m., ET, Monday in the ‘‘Keyword’’ box, and click England from the requirement that a through Friday, except Federal holidays. ‘‘Search.’’ When the new screen driver accompanying a CLP holder must • Fax: 1–202–493–2251. appears, click on ‘‘Comment Now!’’ be physically present at all times in the Each submission must include the button and type your comment into the front seat of a CMV, on the condition Agency name and the docket number for text box in the following screen. Choose that the CLP holder has successfully this notice. Note that DOT posts all whether you are submitting your passed an approved CDL skills test. C.R. comments received without change to comment as an individual or on behalf England’s 2014 application argued that www.regulations.gov, including any of a third party and then submit. If you the existing requirement is inefficient personal information included in a submit your comments by mail or hand and unproductive, as the company must comment. Please see the Privacy Act delivery, submit them in an unbound incur added expense to send the driver heading below. format, no larger than 81⁄2 by 11 inches, to his or her home State to collect a CDL Docket: For access to the docket to suitable for copying and electronic document. Under that rule, the driver is read background documents or filing. If you submit comments by mail not only unable to utilize newly comments, go to www.regulations.gov at and would like to know that they any time or visit Room W12–140 on the acquired driving skills, but must also reached the facility, please enclose a forego compensation before obtaining a ground level of the West Building, 1200 stamped, self-addressed postcard or CDL. C.R. England believes that FMCSA New Jersey Avenue SE., Washington, envelope. DC, between 9 a.m. and 5 p.m., ET, should renew the exemption for an Monday through Friday, except Federal II. Legal Basis additional 5-year period because it holidays. The on-line FDMS is available FMCSA has authority under 49 U.S.C. results in safer drivers. It allows C.R. 24 hours each day, 365 days each year. 31136(e) and 31315 to grant exemptions England to foster a more productive and Privacy Act: In accordance with 5 from certain parts of the Federal Motor efficient training environment by U.S.C. 553(c), DOT solicits comments Carrier Safety Regulations (FMCSRs). allowing CLP holders to hone their from the public to better inform its FMCSA must publish a notice of each recently acquired driving skills through rulemaking process. DOT posts these exemption in the Federal Register (49 on-the-job training and to begin earning comments, without edit, including any CFR 381.315(a)). The Agency must an income right away, producing personal information the commenter provide the public an opportunity to immediate benefits for the driver, the provides, to www.regulations.gov, as inspect the information relevant to the carrier, and the economy as a whole.

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IV. Method To Ensure an Equivalent or the operation of any of its CMVs while ACTION: Notice of meeting. Greater Level of Safety utilizing this exemption. The notification must be by email to SUMMARY: An open meeting of the C.R. England states that the Taxpayer Advocacy Panel Notices and exemption does not negatively affect [email protected], and include the following information: Correspondence Project Committee will safety outcomes. Instead, it allows be conducted. The Taxpayer Advocacy 1. Name of the Exemption: ‘‘C.R. England drivers trained out-of-state to obtain on- Panel is soliciting public comments, the-job experience in C.R. England’s CLP’’ 2. Date of the accident, ideas, and suggestions on improving comprehensive training program while customer service at the Internal Revenue avoiding significant delays and skill 3. City or town, and State, in which the accident occurred, or which is closest to the Service. degradation. The exemption creates scene of the accident, DATES: The meeting will be held immediate economic and safety benefits 4. Driver’s name and driver’s license for both the CLP holders and C.R. number, Thursday, July 13, 2017. England—the driver earns an income as 5. Vehicle number and State license FOR FURTHER INFORMATION CONTACT: Otis part of a team operation while number, Simpson at 1–888–912–1227 or 202– improving driver skills and gaining 6. Number of individuals suffering 317–3332. valuable experience. physical injury, 7. Number of fatalities, SUPPLEMENTARY INFORMATION: Notice is C.R. England indicated in its renewal 8. The police-reported cause of the hereby given pursuant to Section application that 3,046 drivers had accident, 10(a)(2) of the Federal Advisory utilized the original exemption. Its 9. Whether the driver was cited for Committee Act, 5 U.S.C. App. (1988) safety data show that drivers using the violation of any traffic laws, or motor carrier that a meeting of the Taxpayer exemption demonstrated better safety safety regulations, and Advocacy Panel Notices and 10. The total driving time and the total on- outcomes than non-exempt drivers. Correspondence Project Committee will Through the end of 2016, C.R. England duty time of the CMV driver at the time of the accident. be held Thursday, July 13, 2017, at reported 11 accidents to FMCSA 12:00 p.m. Eastern Time via involving drivers utilizing the VI. Request for Comments teleconference. The public is invited to exemption, none of which resulted in a In accordance with 49 U.S.C. 31136(e) make oral comments or submit written fatality. The renewal of the exemption and 31315(b)(4), FMCSA requests public statements for consideration. Due to would be effective for 5 years, the comment on the renewal of C.R. limited conference lines, notification of maximum period allowed by § 381.300. England’s exemption from the intent to participate must be made with V. Terms and Conditions of the provisions in 49 CFR 383.25(a)(1). The Otis Simpson. For more information Exemption Agency will consider all comments please contact Otis Simpson at 1–888– received by close of business on July 12, 912–1227 or 202–317–3332, or write Period of the Exemption 2017. Comments will be available for TAP Office, 1111 Constitution Ave. This exemption from the examination in the docket at the NW., Room 1509, Washington, DC requirements of 49 CFR 383.25(a)(1) is location listed under the ADDRESSES 20224 or contact us at the Web site: effective during the period of June 13, section of this notice. http://www.improveirs.org. The agenda 2017, through June 12, 2022. will include various IRS issues. Otis VII. Safety Oversight Simpson. For more information please Extent of the Exemption FMCSA expects C.R. England, contact Otis Simpson at 1–888–912– The exemption is contingent upon operating under the terms and 1227 or 202–317–3332, or write TAP C.R. England maintaining USDOT conditions of this exemption, to Office, 1111 Constitution Ave. NW., registration, minimum levels of public maintain its safety record. However, Room 1509, Washington, DC 20224 or liability insurance, and not being should safety deteriorate, FMCSA will, contact us at the Web site: http:// subject to any ‘‘imminent hazard’’ or consistent with the statutory www.improveirs.org. The agenda will other out-of-service (OOS) order issued requirements of 49 U.S.C. 31315, take include various IRS issues. by FMCSA. Each driver covered by the all steps necessary to protect the public The agenda will include a discussion exemption must maintain a valid interest. Authorization of the exemption on various letters, and other issues driver’s license and CLP with the is discretionary, and FMCSA will related to written communications from required endorsements, document that immediately revoke the exemption for the IRS. he or she has passed the CDL skills test, failure to comply with the terms and Dated: June 1, 2017. not be subject to any OOS order or conditions of the exemption. Antoinette Ross, suspension of driving privileges, and Issued on: June 6, 2017. Acting Director, Taxpayer Advocacy Panel. meet all physical qualifications required Randi F. Hutchinson, [FR Doc. 2017–12102 Filed 6–9–17; 8:45 am] by 49 CFR part 391. Chief Counsel. BILLING CODE 4830–01–P Preemption [FR Doc. 2017–12082 Filed 6–9–17; 8:45 am] During the period this exemption is in BILLING CODE 4910–EX–P effect, no State may enforce any law or DEPARTMENT OF THE TREASURY regulation that conflicts with or is inconsistent with the exemption with DEPARTMENT OF THE TREASURY Internal Revenue Service respect to a person or entity operating Internal Revenue Service Open Meeting of the Taxpayer under the exemption (49 U.S.C. Advocacy Panel Tax Forms and 31315(d)). Open Meeting of the Taxpayer Publications Project Committee FMCSA Accident Notification Advocacy Panel Notices and Correspondence Project Committee AGENCY: Internal Revenue Service (IRS), C.R. England must notify FMCSA Treasury. within 5 business days of any accidents AGENCY: Internal Revenue Service (IRS), ACTION: Notice of meeting. (as defined by 49 CFR 390.5) involving Treasury.

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SUMMARY: An open meeting of the ACTION: Notice. detailed agenda for the hearing will be Taxpayer Advocacy Panel Tax Forms posted on the Commission’s Web site at and Publications Project Committee will SUMMARY: The United States Mint is www.uscc.gov. Also, please check the be conducted. The Taxpayer Advocacy announcing the price of the 2017 Commission’s Web site for possible Panel is soliciting public comments, American Liberty 225th Anniversary changes to the hearing schedule. ideas and suggestions on improving Silver Medal. Each medal will be priced Reservations are not required to attend customer service at the Internal Revenue at $59.95. The silver medals will be the hearing. Service. minted at the United States Mint at Philadelphia. FOR FURTHER INFORMATION CONTACT: Any DATES: The meeting will be held member of the public seeking further FOR FURTHER INFORMATION CONTACT: Tuesday, July 11, 2017. information concerning the hearing Katrina McDow, Marketing Specialist, should contact Leslie Tisdale, 444 North FOR FURTHER INFORMATION CONTACT: Numismatic and Bullion Directorate; Capitol Street NW., Suite 602, Robert Rosalia at 1–888–912–1227 or United States Mint; 801 9th Street NW., Washington, DC 20001; telephone: 202– (718) 834–2203. Washington, DC 20220; or call 202–354– 624–1496, or via email at SUPPLEMENTARY INFORMATION: Notice is 8495. [email protected]. Reservations are not hereby given pursuant to section Authority: 31 U.S.C. 5111(a)(2) required to attend the hearing. 10(a)(2) of the Federal Advisory Dated: June 5, 2017. SUPPLEMENTARY INFORMATION: Committee Act, 5 U.S.C. App. (1988) Jean Gentry, Background: This is the seventh that an open meeting of the Taxpayer Chief Counsel, United States Mint. public hearing the Commission will Advocacy Panel Tax Forms and [FR Doc. 2017–12034 Filed 6–9–17; 8:45 am] hold during its 2017 report cycle. This Publications Project Committee will be BILLING CODE P hearing will examine recent held Tuesday, July 11, 2017, at 12:00 developments in China’s e-commerce, p.m., Eastern Time via teleconference. logistics, and financial services sectors The public is invited to make oral and identify opportunities and comments or submit written statements U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION challenges for U.S. companies. The for consideration. Due to limited hearing will be co-chaired by Senator conference lines, notification of intent Notice of Open Public Hearing Byron Dorgan and Commissioner Glenn to participate must be made with Robert Hubbard. Any interested party may file Rosalia. For more information please AGENCY: U.S.-China Economic and a written statement by June 22, 2017, by contact Robert Rosalia at 1–888–912– Security Review Commission. mailing to the contact information 1227 or (718) 834–2203, or write TAP ACTION: Notice of open public hearing. above. A portion of each panel will Office, 2 Metrotech Center, 100 Myrtle SUMMARY: Notice is hereby given of the include a question and answer period Avenue, Brooklyn, NY 11201 or contact between the Commissioners and the us at the Web site: http:// following hearing of the U.S.-China Economic and Security Review witnesses. www.improveirs.org. The agenda will Authority: Congress created the U.S.- include various IRS issues. Commission. The Commission is mandated by Congress to investigate, China Economic and Security Review Dated: June 1, 2017. assess, and report to Congress annually Commission in 2000 in the National Antoinette Ross, on ‘‘the national security implications of Defense Authorization Act (Public Law Acting Director, Taxpayer Advocacy Panel. the economic relationship between the 106–398), as amended by Division P of [FR Doc. 2017–12101 Filed 6–9–17; 8:45 am] United States and the People’s Republic the Consolidated Appropriations Resolution, 2003 (Pub. L. 108–7), as BILLING CODE 4830–01–P of China.’’ Pursuant to this mandate, the Commission will hold a public hearing amended by Public Law 109–108 in Washington, DC on June 22, 2017 on (November 22, 2005), as amended by DEPARTMENT OF THE TREASURY ‘‘U.S. Access to China’s Consumer Public Law 113–291 (December 19, Market: E-Commerce, Financial 2014). United States Mint Services, and Logistics’’. Dated: June 6, 2017. Pricing for the 2017 American Liberty DATES: The meeting is scheduled for Michael Danis, 225th Anniversary Silver Medal Thursday, June 22, 2017, from 10:00 Executive Director, U.S.-China Economic and a.m. to 2:20 p.m. Security Review Commission. AGENCY: United States Mint, Department ADDRESSES: Russell Senate Office [FR Doc. 2017–12038 Filed 6–9–17; 8:45 am] of the Treasury. Building, Room 188, Washington, DC. A BILLING CODE 1137–00–P

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Reader Aids Federal Register Vol. 82, No. 111 Monday, June 12, 2017

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

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. 26408, 26409, 26619 Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 15 CFR The United States Government Manual 741–6000 9618...... 25921 922...... 26339 9619...... 25923 Other Services 9620...... 25925 18 CFR Electronic and on-line services (voice) 741–6020 9621...... 25927 Proposed Rules: Privacy Act Compilation 741–6050 9622...... 25929 1318...... 26620 Public Laws Update Service (numbers, dates, etc.) 741–6043 5 CFR 19 CFR ELECTRONIC RESEARCH 1201...... 25715 12...... 26340, 26582 1800...... 26739 World Wide Web 21 CFR 7 CFR 814...... 26348 Full text of the daily Federal Register, CFR and other publications 800...... 26843 1308...... 26349 is located at: www.fdsys.gov. 4279...... 26335 Proposed Rules: Federal Register information and research tools, including Public Proposed Rules: 1308...... 25564 Inspection List, indexes, and Code of Federal Regulations are 982...... 26859 located at: www.ofr.gov. 23 CFR 10 CFR 490...... 25726 E-mail 72...... 25931 FEDREGTOC (Daily Federal Register Table of Contents Electronic Proposed Rules: 28 CFR Mailing List) is an open e-mail service that provides subscribers 72...... 25973 Proposed Rules: with a digital form of the Federal Register Table of Contents. The 16...... 25751 digital form of the Federal Register Table of Contents includes 12 CFR HTML and PDF links to the full text of each document. 1263...... 25716 29 CFR To join or leave, go to https://public.govdelivery.com/accounts/ Proposed Rules: Proposed Rules: USGPOOFR/subscriber/new, enter your email address, then 229...... 25539 405...... 26877 follow the instructions to join, leave, or manage your 701...... 26378, 26605 406...... 26877 703...... 26378 subscription. 30 CFR 705...... 26378 PENS (Public Law Electronic Notification Service) is an e-mail 708a...... 26378, 26605 250...... 26741 service that notifies subscribers of recently enacted laws. 708b...... 26605 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 709...... 26378 33 CFR and select Join or leave the list (or change settings); then follow 741...... 26378 100...... 25511, 25960 the instructions. 745...... 26378 117 ...... 25726, 25727, 26584, FEDREGTOC and PENS are mailing lists only. We cannot 746...... 26378, 26391 26744, 26745, 26746 respond to specific inquiries. 747...... 26378 165 ...... 25515, 25517, 25519, 750...... 26378 25521, 25728, 25962, 25964, Reference questions. Send questions and comments about the 25965, 26584, 26586, 26746, Federal Register system to: [email protected] 13 CFR 26749, 26846, 26848 The Federal Register staff cannot interpret specific documents or 121...... 25503 Proposed Rules: regulations. 134...... 25503 Ch. I ...... 26632 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 110...... 25207 longer appears in the Federal Register. This information can be 14 CFR 165...... 26760 found online at http://bookstore.gpo.gov/. 23...... 25509 39 ...... 25723, 25936, 25940, 36 CFR 1270...... 26588 FEDERAL REGISTER PAGES AND DATE, JUNE 25943, 25946, 25954, 26571, 26573, 26576, 26579, 26580, 37 CFR 25203–25502...... 1 26843 25503–25714...... 2 71 ...... 25958, 25959, 26336, 201...... 26850 25715–25930...... 5 26338 202...... 26850 25931–26334...... 6 Proposed Rules: 39 ...... 25542, 25545, 25547, 38 CFR 26335–26570...... 7 25550, 25552, 25554, 25556, 60...... 26592 26571–26738...... 8 25742, 25744, 25746, 25748, 14...... 26751 26739–26842...... 9 25975, 25978, 25980, 25983, 26843–26978...... 12 25986, 26403, 26615, 26617, 40 CFR 26758, 26864, 26867, 26869, 52 ...... 25203, 25523, 25969, 26872, 26874 26351, 26594, 26596, 26754, 71 ...... 25559, 25561, 25563, 26854 25988, 25989, 25991, 26406, 60...... 25730

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62...... 25734, 25969 483...... 26649 535...... 25221 270...... 26359 80...... 26354 540...... 25221 571...... 26360 44 CFR 81...... 25523 565...... 25221 585...... 26360 171...... 25529 64...... 25739 47 CFR Proposed Rules: 180...... 25532, 26599 Proposed Rules: 383...... 26888, 26894 232...... 26603 0...... 25660 1...... 26411 384...... 26894 258...... 25532 1...... 25660 45 CFR 25...... 25205 387...... 25753 Proposed Rules: Ch. IV...... 26632 52 ...... 25208, 25211, 25213, Proposed Rules: 36...... 25535 25992, 25996, 25999, 26007, Subtitle A ...... 26885 61...... 25660 26634, 26638, 26762, 26883 1148...... 26763 63...... 25660 50 CFR 69...... 25660 62...... 25753, 25969 217...... 26360 46 CFR 96...... 26857 158...... 25567 622...... 25205, 26366 258...... 25568 Proposed Rules: Proposed Rules: 635...... 26603 174...... 26639, 26641 Ch. I ...... 26632 1...... 26019 180...... 26641 Ch. III ...... 26632 8...... 25568 Proposed Rules: 423...... 26017 515...... 25221 54...... 26653 Ch. II ...... 26419 721...... 26644 520...... 25221 20...... 25568 Ch. III ...... 26419 525...... 25221 73...... 25590, 26887 Ch. IV...... 26419 42 CFR 530...... 25221 Ch. V...... 26419 Proposed Rules: 531...... 25221 49 CFR Ch. VI...... 26419 Ch. IV...... 26885 532...... 25221 7...... 25740 660...... 26902

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